Privacy
EFFECTIVE DATE: December 1, 2016
PLEASE READ THE PRIVACY POLICY AND THE RELATED TERM OF USE http://www.starcitystudios.com/terms CAREFULLY BEFORE USING THIS WEBSITE (AS DEFINED BELOW).
This “Site” (as defined below) is owned and operated by Star-City Studios Entertainment Entertainment Group Inc. on its own behalf or in combination with one of its film or television divisions or joint ventures (collectively referred to herein, solely for ease of reference, as "Star-City" “company, “us” or “we”). This Privacy Policy (“Policy”) is incorporated into the Star-City's Terms of Use, and applies to information obtained by us when you sign up for, use, access, download or otherwise interact with any Star-City applications, mobile applications, games, sweepstakes, products, services, or websites and anywhere else where this policy is posted, including applications we make available on third party sites or platforms, if disclosed to you in connection with your use of the application (collectively, “Site”). This Policy does not apply to information that is collected outside the Site. This Policy applies regardless of whether you access the Site using a personal computer, mobile device, gaming console or other equipment or device. If you disagree with the terms of this Policy, please do not use the Site.
Personally Identifiable Information
For purposes of this Privacy Policy, personally identifiable information (“PII”) is personal information about an individual, such as a first and last name, phone number or email address or other individually identifiable information within the meaning of COPPA and the Federal Trade Commission’s Online Privacy Protection Rule found at 16 CFR 312.2.
Children Policy
We recognize the importance of safeguarding the privacy of children and encourage parents to check and monitor their children’s use of online activities regularly. This website supports and complies with the Children’s Online Privacy Protection Act (“COPPA”) and other applicable laws. This website is not aimed at nor intended for children under the age of thirteen (13).
If you are under the age of thirteen (13), please do not use this website, and if you are over the age of thirteen (13) but under the age of eighteen (18), you should use this website only with the involvement and permission of a parent or legal guardian. Our website does not accept registration from children under the age of thirteen (13). No personally identifiable information ("PPI") is purposefully or knowingly collected from children under the age of thirteen (13) by Company without parental consent. If Company discovers that a person under the age of thirteen (13) has provided Company with any PII, Company will use commercially reasonable efforts to delete such person’s PII from its system. Every user hereby agrees that all information you provide, including but not limited to age, shall be truthful and correct.
COLLECTION OF INFORMATION
Star-City and our service partners collect the following information from and about you:
Information We Collect Automatically From Your Devices: When you use our Site, we may collect information about the device you use to access the Site, including hardware model, operating system and version, Internet Protocol (“IP”) address and other unique device identifiers, mobile network information and information about the device’s interaction with our Sites. It can include the number and frequency of visitors to each web page and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visiting our website, and IP addresses (see below for more information on IP addresses). We also may determine the applicable technology available in order to serve you the most appropriate version of a web page, e-mail, advertising or promotional announcement or similar service. This information is used to analyze and improve this website and to provide you with a more fulfilling and relevant experience.
Registration Information: is the "PII" information you submit to this Site or third party site to register for a Star-City Online Service, for example, to create an account, post comments, receive a newsletter, shop, or enter a contest or sweepstakes. Registration Information may include, for example, name, email address, gender, zip code and birthday.
Information from Social Media Networks: We may obtain information about you or your use of the Services from third parties and sources, such as our vendors, like web host providers, analytics providers or advertisers. You may also give us permission to access your information, including personally identifiable information from services offered by third parties, including social media networks. When you access the Site through social media networks and other third party platforms, you are authorizing Star-City to collect, store and use such information and content in accordance with this Policy. If we combine or associate information from other sources with personal information that we collect through the Services, we will treat the combined information as personal information in accordance with this Policy. Please keep in mind that any information provided to us by a third party may also be subject to that third party’s privacy policy.
Public Information and Posts: Consist of comments or content that you post to the Site via Social Media and the information about you that accompanies those posts or content, which may include a name, user name, comments, likes, status, profile information and picture. Public Information and Posts are always public, which means they are available to everyone and may be displayed in search results on external search engines.
Third Party Services: Providing Star-City support with tracking analytics and aggregate usage statistics (e.g. Google Analytics) or providing services, such as allowing you to share content (e.g. Facebook and Twitter), may also use these technologies to collect similar information when you use the Site or third-party services. Star-City does not control these third-party technologies and their use is governed by the privacy policies of third parties using such technologies.
Payment Information: If you purchase a product or service through the Site, our third party payment processors will collect the billing and financial information they need to process your charges. This may include your postal address, email address and financial information. Star-City does not collect or store your financial information, like credit card numbers. However, Star-City’s third party payment processors may share non-financial information with us related to your purchases, like your name, shipping address and items purchased in order to fulfill your order.
Company uses all possible efforts to ensure the safety of your sensitive information. No website, internet transmission, computer system or wireless connection is completely secure. Company cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the Company website is at your own risk. Company urges you to take steps to keep your information safe by memorizing your password or keeping it in a safe place (separate from your account information), logging out of your account, and closing your web browser. In order to help us protect your sensitive information and PII further, you should be careful about providing your password to others.
Whenever you give Company sensitive or confidential information, Company will take commercially reasonable steps to protect the information by establishing a secure connection with your web browser. Company uses the Security Socket Layer (“SSL”), an industry standard security protocol for encrypting sensitive information. Unfortunately, no security measures are perfect or impenetrable and data transmission over the Internet cannot be guaranteed 100% secure. We cannot and do not ensure or warrant the security of any information you transmit to Company and you do so at your own risk. Unless otherwise specified herein or on the site where you make a purchase, credit card numbers are used only for payment processing and are not retained for marketing purposes.
USE AND DISCLOSURE
We may provide information to select outside companies when we believe their products or services may be of interest to you. If you opt in to receive communications from a third party, your information will be subject to the third party's privacy policy and not this Privacy Policy. Therefore, if you later decide that you do not want that third party to use your information, you will need to contact the third party directly. In addition, Star-City may share your PII with third parties under the following circumstances:
Among Group Companies and Partners: We may share your information with our affiliated and subsidiary companies and joint venture partners for the purposes of processing, analyzing or storing your information or otherwise as needed to provide the Services to you, in each case, consistent with the terms of this Policy.
Third Parties providing services on our behalf: We may engage third parties to perform services in connection with the operation of our business. Examples of these services include: (a) payment processing and authorization, (b) fraud protection and credit risk reduction, (c) product customization, (d) order fulfillment, (e) shipping, (f) marketing and promotional material distribution, (g) website evaluation, (h) data collection, storage, management, analysis and, where applicable, cleansing, and (i) any other services designed to assist us in maximizing our business potential. These third parties may have access to this website’s user information, including PII, to the extent it is needed to perform their duties and functions.
Company Security: We may release information about our users, including PII, when legally required to do so, at the request of governmental authorities conducting an investigation, or to verify or enforce compliance with the policies governing our website and applicable laws. We may also disclose such user information whenever we believe disclosure is necessary to protect the rights, property or safety of Star-City, or any of our respective affiliates, business partners, customers or others.
Aggregate Information: We may disclose non-identifying, aggregated user statistics to third parties for a variety of purposes, including describing our services to prospective partners and other third parties. Examples of such non-personal information include the number of users who visited this Site during a specific time period or purchased a specific product through this Site.
Information shared via third party social buttons, widgets and other embedded content: Some of our Services carry embedded content controlled by third parties for services such as social sharing, commenting and displaying video or images. When you interact with these services they may collect information from and about you and your interaction with their content, including the URL of the web page you are visiting. This activity will be subject to the privacy policy of and your settings for the third party network or service. Please be aware that they may track your activity, including through the use of cookies or similar technology, without you needing to interact with them. If this concerns you, ensure you log out of their services before using ours.
Co-Branded Services and Promotions: If you choose to enter a contest, sweepstakes or promotion, your PII may be disclosed to third parties in connection with such promotion, including without limitation for purposes of posting your entry with attribution or otherwise as permitted in the official rules for the promotion in question, fulfilling your prize or including your name on a winners list. Also, by entering a promotion, we may require you to consent to the use of your PII or other information, such as name, voice or likeness, in advertising, promotional and marketing materials. In addition, we may offer certain promotional content, such as a sweepstakes, sponsored by or co-branded with a third party, who may obtain the PII that you submit.
Corporate change: In addition, we reserve the right to disclose, share and/or otherwise transfer user information, including without limitation PII, in connection with a corporate merger, acquisition, consolidation, the sale of a portion of our business or the sale of substantially all of Company’s assets, or other fundamental corporate change, whatever form it may take. You will be notified via e-mail or prominent notice on our website prior to a change of ownership or control of your personal information, if your personal information will be used contrary to this policy. For clarification and the removal of doubt, Company specifically reserves the right to transfer or share a copy of PII collected pursuant to this Privacy Policy from this website, off-line or otherwise, to the buyer of that portion of its business relating to that information.
If you do not agree or do not consent to the disclosure of your information in any manner described above, you should not use the Site.
External Links
Company may contain links to, or advertisements about, non-Company websites. Other sites may also reference, advertise, or link to Company websites. Company does not endorse or sponsor other websites, is not responsible for the privacy practices or the content of non-Company sites, expressly disclaims any statements or assertions made on such websites, and denies all liability associated with your use of, and the content on, such other websites and advertisements. Please be advised that the practices described in this Privacy Policy do not apply to information gathered through other websites. We encourage you to be aware of when you leave this website and to read the privacy policies of each and every website that you visit.
Consent to Processing in the United States
This website is operated in the United States. By providing any information to Company, all users, including, without limitation, users in the member states of the European Union, Canada or elsewhere outside of the United States, fully understand and unambiguously consent to this Privacy Policy. By using our website, participating in any of our services and/or providing us with your information, you consent and agree to the collection, transfer, storage and processing of your information to and in the United States.
Third Party Advertisements
We may from time to time use various outside ad-serving or other companies to serve advertisements on our Site. In the process of serving advertisements, such companies may use cookies, and may use information about your visits to our website and other websites in order to provide advertisements on our website about products and services that may be of interest to you. By delivering ads on our website, and the use of cookies, the ad-server is able to record what ads a user has seen, and what pages the user was viewing when the ads were delivered. This web usage information may be combined with other ad delivery information the ad-server has collected from your visits to our website and other websites not affiliated with Company. This non-personally identifiable information is used as part of the ad-serving process for reporting, and to select and direct the ads you see on our website and on other websites not affiliated with us.
Notice to California Residents/Your California Privacy Rights
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their “personal information” (as defined under the California Online Privacy Protection Act), if any, for their direct marketing purposes in the prior calendar year, as well as the type of “personal information” disclosed to those parties. If you are a California resident and would like to request this information, please submit your request in an email to info@starcitystudios.com.
Data Retention
We will retain your information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law.
Film Ratings
If a motion picture that has been rated by the Motion Picture Association of America (“MPAA”) is the subject of this website, you may visit www.mpaa.org for a description of the ratings system, www.filmratings.com for a discussion on the reasons for the ratings on recent motion picture releases or visit www.parentalguide.org, which is intended to provide parents with information about each of the ratings systems that have been developed in the electronic game, music, cable and television broadcast industries.
Revisions to Privacy Policy
We reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of this Privacy Policy, in whole or in part, at any time. When we amend this Privacy Policy, we will revise the “last updated” date located at the top of this Privacy Policy. For changes to this Privacy Policy that we consider to be material, we will place a notice on the website by revising the link to read substantially as “Updated Privacy Policy” for a reasonable amount of time. If you provide information to us or access or use the website in any way after this Privacy Policy has been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of this Privacy Policy will be available on the Site and will supersede all previous versions of this Privacy Policy.
Choice of Law
This Privacy Policy, including all revisions and amendments thereto, is governed by the internal laws of the State of Illinois, without regard to its conflict or choice of law principles which would require application of the laws of another jurisdiction. Visitors who choose to access this website from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable laws and regulations.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or Content must be filed within one (1) year after such cause of action arose or be forever barred.
Binding Arbitration of All Disputes. No Class Relief
This section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Star-City agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act. This section can only be amended by mutual agreement.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Service, if you have any dispute or disagreement with us regarding (i) your use or interaction with the Site or other online services, (ii) any purchases or other transactions or relationships with Star-City, or (iii) any data or information you may provide to Star-City or that Star-City may gather in connection with such use, interaction or transaction (collectively, “Star-City Online Services”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Site or other online service, or engaging in any other Star-City Online Services with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Site or other online service, you agree that any complaint, dispute, or disagreement you may have against Star-City, and any claim that Star-City may have against you, arising out of, relating to, or connected in any way with these Terms of Service, our Privacy Policy, or any Star-City Online Services shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, Star-City agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (5) or (i) below. Furthermore, this section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:
(1) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and Star-City (the “Arbitrator”);
(2) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Service and/or these arbitration provisions in section hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;
(3) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Star-City; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
(4) Governing Law. The Arbitrator (i) shall apply internal laws of the State of Illinois consistent with the Federal Arbitration Act and applicable statutes of limitations, or,to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summa procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(5) No Class Relief. The Arbitration can resolve only your and/or Star-City’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
(6) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
(7) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Star-City will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
(8) Reasonable Attorney’s Fees. In the event you recover an Award greater than Star-City’s last written settlement offer, the Arbitrator shall also have the right to include in the Award Star-City’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Star-City shall in all events bear its own attorneys’ fees; and
(9) Interpretation and Enforcement of Arbitration Clause. I With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Star-City shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
(10) Modification of Arbitration Clause With Notice. Star-City may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Star-City has given notice of such modifications and only on a prospective basis for claims arising from Star-City Online Services occurring after the effective date of such notification.
(11) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Star-City in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
For more information on JAMS and/or the rules of JAMS, visit their Website at www.jamsadr.com.
CONTACT US
If you have questions or concerns about our Policy, please contact us at: info@starcitystudios.com.