KERNEL PRIVACY POLICY

This Privacy Policy ("Privacy Policy") sets forth the privacy policies that apply to your use of www.kernel.com or any of our other websites (collectively, the "Site") and any other services or products and any related software applications, including mobile applications (collectively, the "Service") offered and/or operated by Kernel Films, LLC ("Kernel" or "we" or "our" or "us"). Please review this Privacy Policy and the Terms of Use for the Site and Service carefully. By visiting our Site or otherwise signing up for and/or using our Service, you are subject to the Privacy Policy and the Terms of Use.

Kernel is concerned about your privacy and wants you to be familiar with how it collects, uses and shares your information. This Privacy Policy outlines the type of information that we collect and receive from you while you are using our Site or other Service. Additionally this Policy identifies the ways in which we process and share such information and what control and choices you have with regard to the collection and use of your information, including your Personal Information. When we use the phrase “Personal Information” in this Privacy Policy, we mean information that allows someone to identify or contact you, including your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing information. When we use the phrase “Anonymous Information” in this Privacy Policy, we mean information that is not associated with or linked to your Personal Information. Anonymous Information does not enable identification of or contact with individual persons.

As you review the Privacy Policy and use the Service, please keep in mind that Kernel’s business is centered around facilitating connections and engagement between you, as a fan or content consumer or other user of the Service, and content producers and distributors (like movie studios, television studios, and video game companies) who want to know what you are or might be interested in, and want to find ways to engage you and also sometimes interested in ways to let you engage back with the content producer or distributor.

If you have any questions about this Privacy Policy or don't see your concerns addressed here, or if you have concerns or complaints about our Privacy Policy, or if you want to report any security violations to us, please contact us at privacy@kernel.com. Further contact information is provided at the end of this Policy.

Where We Are.

Our Site and Service are operated in and controlled from the United States of America, with our business headquarters located in Santa Monica, California.

Notice Of Arbitration Provisions.

Your use of our Site or other Service is subject to binding individual arbitration of any disputes which may arise, as provided in Paragraph 18 of the Terms of Use. Please read the arbitration provisions carefully and do not use our Site or other Service if you are unwilling to arbitrate any disputes you may have with us (including without limitation any disputes relating to this Privacy Policy or our privacy practices) as provided in the Terms of Use.

Children.

Our Service is not directed to children and children are not eligible to use our Service. Protecting the privacy of children is very important to us. We do not collect or maintain Personal Information from people we actually know are under 13 years of age, and no part of our Service are designed to attract people under 13 years of age. If we later learn that a user is under 13 years of age, we will take steps to remove that user’s Personal Information.

What This Privacy Policy Covers.

The practices described in this Privacy Policy only apply to the following:

  • Information collected online on this Site.
  • Information collected when you use our Service, including when you download, register for or use our wireless applications via your cell phone or other mobile device or when such Service and applications interact with this Site.
  • Information collected by us when you use our feeds, video players and other applications embedded in or otherwise accessed through other sites, service or applications: Like many other websites and applications, we may now or in the future provide other websites or mobile services with, and allow users to embed or place, our RSS feeds, video players and other applications on websites or mobile services we do not control. This Privacy Policy applies to any information we collect when you use our RSS feeds, video players and other applications, even when accessed through such other sites, services or applications. The Privacy Policy does not apply to information separately collected by the operators of those websites or mobile services or other third parties that may provide content or services to those websites or mobile services.

What This Privacy Policy Does Not Cover.

This Privacy Policy does not cover any of the following:

  • Information you give to us offline, for example when you send a letter to our business address or leave a message on our voicemail system.
  • Information collected by third parties, even if collected on or through our Site or other Service. For example, we may embed a content feed, video player or other application from a third party on our Site or other Service. These third party applications may appear to be part of our Site or other Service, but the content is provided by a third party server. By accessing this third party application, the third party owner may send its own cookies and collect its own data regarding your interaction with the application and may solicit your personal information as part of your use of such application. We are not responsible for the actions and privacy policies of these third party providers and you should review such privacy policies prior to providing any Personal Information to them.

Posting Of The Privacy Policy, Reminders About It, And Changes To The Privacy Policy.

This Privacy Policy will be posted on this Site for your review. From time to time as part of registering or providing information in connection with this Site or other Service, we may provide you with a short notice reminding you to refer to this Policy and other relevant information from us when using our Site or other Service.

We may update, modify or otherwise change the Privacy Policy from time to time, for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy at http://www.kernel.com/privacy and we will change the “Last Updated” date. You should consult this Privacy Policy regularly for any changes. You can determine when this Policy was last revised by referring to the "Last Updated" legend at the top of this page. Any changes to this Policy will become effective upon posting of the revised Policy on the Internet, accessible through the Site. By continuing to use the Site or Service following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, please do not continue using the Site or Service.

Information Kernel Collects.

Our goal is to collect and use only that information that we think is required for our legitimate business interests, in order to better understand your interests and to improve your experience of using our Site or other Service. Our business interests including facilitating and improving engagement between content providers and content fans and consumers, including you. In order to do further all these interests and goals, we collect the following types of information:

Your Personal Information.

We collect Personal Information about you, with the meaning set forth earlier in the Privacy Policy. Personal Information, as we use the term in this Privacy Policy, and which is sometimes in the privacy field also called “personally identifiable information,” is any information that identifies a living individual, such as your first and last name, mailing address, phone number, mobile phone number email address, photograph, credit/debit card number and expiration date (or other payment-method information), login ID, member name and password and other information about a specific individual that identifies the individual. When you sign up for or use the Site or Service, Kernel collects some Personal Information from you. Kernel also collects Personal Information that you may voluntarily provide when you use the Site or Service, that you may disclose in a public area of the Site or other Service (such as a rating/review page, message board or chat room), or that you may include if you communicate with Kernel, such as by responding to polls or survey, registering for sweepstakes, contests and other promotional opportunities, or seeking help from our customer service department. We also may obtain Personal Information from reputable third parties, such as credit agencies.

When you make purchases on the Site or Service, we will collect all information necessary to process the transaction (though some of this information may go directly to our payment provider).

Information Collected From You About Others.

When you use certain features of the Site or Service, including if and when you sign up to be a Kernel Member or create an account with us, Kernel collects the email addresses and Personal Information of yourself, and potentially of others that you may provide. Unless stated otherwise at the point of collection, we will treat any such Personal Information that you submit about other people in accordance with this Privacy Policy. We rely upon you to obtain whatever consents from the third party may be required by law to allow us to access, upload and otherwise use the third party’s Personal Information.

Interfaces With Social Networking Services.

We may create interfaces that allow you to connect with social networking services (each an “SNS”) such as Facebook. We work with the SNS’s application protocol interface (also often called a developer “API”) in a way that allows you to authorize us to access your account on that SNS on your behalf. In order to provide this authorization, you do not provide us with your user name or password to the SNS, but you will need to log-in to that SNS directly through our Services. Once authorized by you, the SNS provides us a token that allows the SNS to recognize when we ask, on your behalf, for access to your account or to post information. For example, when you click “Connect” to grant us access to your Facebook account, we will import your name and other information from Facebook and as you use our Site or Service, we may periodically check for updates to such information. You can revoke our access to any SNS at any time by amending the appropriate settings from within your account settings on the applicable SNS.

Anonymous Information.

We collect the following types of Anonymous Information, which is also in the privacy field sometimes called “Non-Personally Identifiable Information”, and some or all of this Anonymous Information is collected automatically when you use the Site or Service:

  • Information Collected By Our Servers. To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
  • Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Site and Service, track users’ movements around the Site or Service, gather demographic information about our user base as a whole, and better tailor our Service to our users’ needs. For example, some of the information may be collected so that when you visit the Services again, it will recognize you and the information could then be used to serve you with messages and other information appropriate to your interests.
  • Cookies. Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site and Service. This type of information is collected to make the Site and Service more useful to you and to tailor the experience with us to meet your special interests and needs. Kernel's Cookies contain Personal Information, such as your Login ID and your email address, as well as Anonymous Information. Kernel uses Cookies to allow you to log in automatically and to ensure that you have agreed to the terms, conditions and policies that govern your use of the Site or other Service. In addition, Kernel uses Cookies to measure traffic activity on the Site, track your use of the Site or other Service, and provide you with a more personalized user experience by allowing Kernel to provide targeted advertising and determine which areas of the Site or other Service may be the most popular or useful to you. Similarly, if you have asked us to send you information about upcoming products and promotions, by using Cookies we collect information about which Site pages you have visited and in what order that may allow us to narrow or limit the materials provided to you based on your prior online activities or preferences. Most browsers are initially set to accept Cookies. If you prefer, you can set your browser to refuse Cookies or to alert you when Cookies are being sent, but it is possible that some parts of the Site or other Service may not function properly if you do so. For more information about Cookies and how to disable them, please consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org. Certain internet browsers, such as Internet Explorer, Chrome, Firefox and Safari, also allow you to block, control and remove Cookies from your computer. For more information regarding your specific browser, please consult the browser's Help section or browser provider's website.
  • Mobile Device. We may collect information about the computer or device you use to access the Site or Service, including the hardware model, operating system and version, MAC address, unique device identifier, phone number, and mobile network information. In addition, the Services may access your device’s image storage applications, with your consent, to facilitate your use of certain features of the Site or Service.
  • Pixel Tags. We may use “Pixel Tags,” also called clear GIFs, web beacons, or web bugs to collect information. Pixel Tags are small, invisible graphic images with a unique identifier, in some ways not unlike Cookies, which are used to track online movements of online users. When you visit a page on a Site that contains a Pixel Tag, the Pixel Tag communicates with your computer to collect Personal Information and determine, among other things, whether you have been to that page before or viewed a particular advertisement or other message. Pixel Tags differ from Cookies in that Cookies are stored on a user’s own computer hard drive, whereas Pixel Tags are embedded invisibly in Web pages. Kernel uses Pixel Tags to serve relevant advertising, enhance email advertising, and track usage of the Site or other Service. Among other uses, Pixel Tags allow us to send e-mail messages in a format users can read, and they can tell us whether e-mails have been opened to facilitate sending messages that are of interest to our users and eliminating those that are not of interest.
  • Other Methods. Where authorized and as permitted by FTC guidelines and all other applicable laws, rules and regulations, Kernel may also use or allow the use of trusted vendors and other third party companies who may gather data for appropriate business purposes such as managing advertising and/or generating reports on Site traffic and statistics. We may also use other monitoring technologies to gather anonymous statistics about our Site visitors.

How Kernel Uses Information.

Personal Information.

We will use your Personal Information for the purposes for which it was provided and to operate the Site and Service pursuant to the Site’s and Service’s business mission, including facilitating engagement between entertainment content fans and consumers and entertainment content producers and providers. This means that Kernel will use Personal Information to:

  • Administer your account with Kernel
  • Process and fulfill your transactions
  • Provide you with services and customer support
  • Tailor the features and content of the Site and Service to you
  • Market our products and services, and those of third parties including content producers and providers that work with Kernel, to you that we believe may be of interest to you
  • Verify your compliance with your obligations in the Terms of Use and
  • Communicate with you about the Site or Service

This also means that Kernel uses your Personal Information to provide you with information that you request, and deliver content to you that is relevant to your interests. If you use Kernel to give a gift, Kernel may use the email addresses you provide to send your gifts, and other communications relating to such transaction, and any further communications as may be authorized by the recipient.

We also may send information or offers to selected groups of Site or Service users on behalf of other businesses. When we do this particular form of communication, we do not give those businesses your name or address. Under certain circumstances (for example, if you win a contest) we may post your Personal Information on this Site.

Cookies and similar tools may be used to relate your use of the Site or Service and Anonymous Information to Personal Information obtained from you. If any Anonymous Information is linked with Personal Information, the linked Anonymous Information will then be treated as Personal Information under this Privacy Policy.

Anonymous Information and Aggregate Information.

We may also use your Personal Information to create Anonymous Information records by excluding information that makes the information personally identifiable to you. This can also take the form of “Aggregate Information”. Kernel creates Aggregate Information by combining your usage information for the Site and Service with that of other users to determine which features and areas of the Site or other Service are most popular. Aggregate Information does not contain any of your personally Identifiable Information. By collecting and analyzing this data, Kernel can improve the Site or Service and also assist content providers and producers with understanding which content is most desirable to you and others. This brings us to the larger topic of how we disclose information to others.

How We Disclose Information.

Personal Information.

Sharing with Content Partners. Consistent with Kernel’s business mission of facilitating and improving engagement between fans and consumers and content producers and providers, we may share your Personal Information with the content producers and providers who contract with Kernel for the promotion and marketing of motion pictures, television series, video games, or any other entertainment content, on and through the Site and Service, and who request such information. Not all content producers or providers request your Personal Information.

Ticket Purchases. If you purchase tickets to a movie or other performance or experience, we will share your name and other Personal Information as necessary to facilitate fulfillment of your purchase, with the applicable venue, and you hereby authorize such disclosure. We do not control how such venue uses your Personal Information. The venue may or may not have a privacy policy, but you should contact him or her to understand how he or she may use your Personal Information.

Third Parties Designated By You. When you use the Site or Service, the Personal Information you provide will be shared with the third parties that you authorize to receive such information. To the extent that you post Personal Information in comments in a publicly available area of our Site or Service (e.g., ratings, reviews, or comment feeds), it will be available to other users of the Site or Service who may use it at their discretion.

Third Party Service Providers. Like many businesses, we may sometimes hire other companies to perform certain business-related functions on our behalf such as hosting specific portions of the Site or Service, maintaining databases, administering contests, providing wireless services, providing fulfillment services, sending e-mails, and processing payments. We may share your Personal Information with our third party service providers that help us provide Services that we offer you. When we employ a third party to perform these functions, that third party will only be provided with the particular Personal Information it needs to perform its function, and is required to protect the Personal Information.

Sweepstakes and Contests. For third-party sponsored sweepstakes, contests or promotions, we may request Personal Information from you that may be shared with the sponsor upon request.

Affiliates. We may share some or all of your Personal Information with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.

Corporate Restructuring. We may share some or all of your Personal Information in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. If another company acquires our company, business or assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

Social Networking Sites. Features of our Site or Service may enable you to post content to social networks (SNS) (e.g., Facebook). If you choose to do this, we will provide information to such SNSs in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and services and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs. We will not be responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs.

Analytics. We may work with analytics companies to help us understand how the Site or Service is being used, such as the frequency and duration of usage. We may work with advertisers and third party advertising networks, who need to know how you interact with advertising provided on the Site or Service. Advertisers and advertising networks use some of the information collected by the Service, including if you use a mobile device, the unique identification ID of your mobile device and your mobile telephone number. To protect the anonymity of this information, we use an encryption technology to help ensure that these third parties cannot identify you personally. These third parties may also obtain anonymous information about other applications you have downloaded to your mobile device, the mobile websites you visit, your non-precise location information (i.e. your zip code) and other non-precise location information in order to help analyze and serve anonymous targeted advertising on the Application and elsewhere. We may also share encrypted versions of information you have provided in order to enable our partners to append other available information about you for analysis or advertising-related use.

Advertisers. Some online services, including Kernel, may be supported with advertising, and collect data to help the online services serve ads. This helps keep the cost of online services low or free. We may work with advertisers and third party advertising networks, who may receive information about how you interact with advertising provided in the online service. We may also work with consumer data resellers that buy and/or sell information to other companies for multiple purposes including offering products and services that may interest you. These third parties may view, edit or set their own tracking technologies/cookies. The use of these technologies by these third parties is subject to their own privacy policies and is not covered by this Privacy Policy. They might also obtain information about other applications that you have downloaded to your mobile device, the mobile websites you visit and other information about you or your device in order to analyze and serve anonymous targeted advertising on the online services and elsewhere. You may opt out of third party advertising networks by going to the Network Advertising Initiative's Website at http://www.networkadvertising.org/managing/opt_out.asp and following the directions there.

Other Disclosures. Regardless of any choices you make regarding your Personal Information and restricting its use by us, we may nonetheless disclose Personal Information if we believe in good faith that such disclosure is necessary in any of the following circumstances:

  • To protect our legal rights, privacy or safety, and those of our subsidiaries, affiliates, employees, agents and contractors;
  • To protect the safety and security of visitors to our web sites or other properties
  • To protect against fraud or other illegal activity or for risk management purposes
  • To respond to inquiries or requests from government, regulatory, law enforcement or public authorities
  • To permit us to pursue available remedies, commence, participate in, or defend litigation, or limit the damages that we may sustain
  • To enforce our Terms of Use or
  • To comply with subpoenas, search warrants, the law or other legal process.

Anonymous Information and Aggregate Information.

We may share Anonymous Information and Aggregate Information with a variety of third parties, including our affiliates, agents, service providers and current and prospective business partners, for any purpose. We may also enter into arrangements with outside companies that possess technology that allows us to customize advertising and marketing messages you may receive on this site.

We use and disclose the Anonymous Information and Aggregate Information we collect to analyze trends, administer and improve the Site and Service, track users’ movements on the Site and Service, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs.

We reserve the right to disclose Anonymous Information and Aggregate Information to anyone, including the general public, without restriction.

Opt-Out Procedures.

You can stop all collection of information by a mobile application, including ours, by uninstalling the application from your mobile device. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also withdraw your consent to receive "push" notifications and/or to the collection of your physical location information at any time by disabling or changing the related functionality or setting as provided in your mobile device.

Anti-Spam Policy.

Kernel is opposed to unsolicited commercial email ("Spam"). We do not have any desire to send unsolicited marketing emails to anyone without permission and we do not sell or provide user email addresses to any unauthorized third party in violation of this Policy. All of our newsletters and other general email marketing communications also include an "unsubscribe" opt-out link that you may use to ask that we discontinue such emails to you.

Communication Preferences.

During registration and certain purchases, you can set your email preferences with respect to receiving certain communications from Kernel and our partners.

In addition, all of our newsletters and other general email marketing communications also include an "unsubscribe" opt-out link that you may use to ask that we discontinue such emails to you.

HOW WE PROTECT AND SECURE YOUR INFORMATION AND ASSUMPTION OF RISK.

We maintain security measures in place in order to attempt to protect against the loss, misuse and alteration of the Personal Information under our control. Please be advised, however, that the Internet and other various networking communication media are not entirely secure, and your information may therefore be subject to interception or loss which is beyond our control. While we strive to protect your Personal Information, we cannot ensure or warrant the security of any Personal Information you transmit to us. Any transmission is done at your own risk. Accordingly, Kernel assumes no responsibility or liability for disclosure of your information (personally identifiable or otherwise) due to errors in transmission, unauthorized third-party access or other causes beyond Kernel's reasonable control.

Applicable Law.

This Site or other Service is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Please note that we do not represent or warrant that the Site or other Service is appropriate for use in any particular jurisdiction. Those who choose to access the Site or other Service do so at their own initiative and are responsible for complying with all local laws, rules and regulations. If you are located in a country outside the United States and submit personal information to us, you are consenting to the transfer, processing, storage and use of that information in the United States as provided in this Policy.

California Privacy Rights (California Residents).

California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please email us at privacy@kernel.com or write to us:

Kernel Films, LLC
Attn: California Privacy Rights
1327 Ocean Ave, Suite I
Santa Monica, CA 90401

California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how Kernel responds to "Do Not Track" browser settings. Kernel does not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created.

ACCEPTANCE OF THIS PRIVACY POLICY.

When you use the Site or other Service, you are accepting the terms and conditions of this Policy, and Kernel will have the right to use your Personal Information or other information about you as described in this Privacy Policy. If you do not agree to have your information used in any of the ways described in this Privacy Policy, you must not use the Site or Service and you must follow the opt-out provisions above. If you have questions or concerns about this Privacy Policy, please contact Customer Support or write to Kernel at privacy@kernel.com or at the contact address listed below.

This Privacy Policy was last updated on: February 9th, 2016

CONTACT INFORMATION.

Kernel Films, LLC
Attn: Privacy Policies
1327 Ocean Ave, Suite I
Santa Monica, CA 90401
privacy@kernel.com