Effective Date: 11/8/2021. Prior versions of this policy are available here.
YOUR CHOICES AND YOUR CA PRIVACY RIGHTS
You have certain choices regarding information collection and communications options explained in Section 11, including:
California residents have certain privacy rights detailed in Section 12;
Although SPE does not look for or respond to “do not track” signals, you can find information on Tracking Technologies in Section 1B and certain choice options regarding Tracking Technologies in Section 11;
Your options regarding accessing and changing certain of your Personal Information are available in Section 10;
Your options regarding promotional communications are explained in Section 11D; and
Children’s and minors’ privacy rights, and notice to parents of these rights, are explained in Section 9.
QUESTIONS AND HOW TO CONTACT SPE
USE OF INFORMATION
COLLECTION OF INFORMATION
SPE may ask you to provide Personal Information (e.g., name, address, e-mail, phone number, gender, etc.), as well as other information (e.g., interests, etc.), which may be required to access certain content, features, and functionality. More in Section 1.
SPE and third parties may collect information from you automatically as you access the Service (e.g., information about the devices you use to access the Service and your usage activities). More in Section 1B.
The information SPE receives via the Service may be combined with information SPE receives from third parties and sources outside of the Service. More in Section 1C.
SPE’s policies and practices regarding Personal Information collected from children are explained in Section 9.
SHARING OF INFORMATION
to deliver and improve SPE’s services;
for Sony group companies’ (defined below in Section 1C) marketing and other purposes;
in connection with corporate transactions (e.g., merger or sale);
to display your posts or send your messages More in Section 5;
in connection with your use of third-party services More in Section 6; and
in connection with sweepstakes, contests and promotions More in Section 4.
SPE obtains your consent (e.g., opt-in, opt-out), however, before knowingly sharing Personal Information SPE collects from you on the service with third parties (other than Sony group companies, except as otherwise required by applicable law) for their own direct marketing purposes. More in Section 3.
SPE may share your non-Personal Information, aggregate and/or de-identified information about you except as prohibited by applicable law. More in Section 3.
1. COLLECTION OF INFORMATION
A. Information You Provide.
i. i. SPE, and/or its Service Providers (defined below), may collect information you provide directly to SPE and/or its Service Providers via the Service. For example, SPE collects information when you use or register for the Service, subscribe to notifications, post on the Service, participate in promotional activities, or communicate or transact with SPE through the Service. In addition, when you interact with Third-Party Services (defined below), you may be able to provide information to those third parties. For more information on Third- Party Services’ data collection and practices see Section 6. For more information on Service Provider data collection and practices see Section 3.
B. Information Collected Automatically.
SPE, its Service Providers, and/or Third-Party Services may also automatically collect certain information about you when you access or use the Service (“Usage Information”). Usage Information may include IP address, device identifier, browser type, operating system, information about your use of the Service, and data regarding network connected hardware (e.g., computer or mobile device). For more information on Third-Party Services’ data collection and practices see Section 6. For more information on Service Provider data collection and practices click here. For information on choices some of these third parties may offer you regarding automated data collection see Section 3.
The methods that may be used on the Service to collect Usage Information include:
Log Information: Log information is data about your use of the Service, such as IP address, browser type, internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and may be stored in log files.
Information Collected by Cookies and Other Tracking Technologies: Cookies, web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, fingerprinting, device recognition technologies, in-app tracking methods and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used by SPE and third parties including other Sony group companies to collect information about interactions with the Service or e-mails, including information about your browsing and purchasing behavior.
A cookie is a small text file that is stored on a user’s device, which may be session ID cookies or tracking cookies. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Tracking cookies remain longer and help in understanding how you use the Service, and enhance your user experience. Cookies may remain on your device for an extended period of time. If you use your browser’s method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked and as a result some features and functionalities of the Service may not work. A Flash cookie (or locally shared object) is a data file which may be placed on a device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your device. HTML5 cookies can be programmed through HTML5 local storage. Flash cookies and HTML 5 cookies are locally stored on your device other than in the browser and browser settings won’t control them. To identify certain types of local shared objects on your device and adjust your settings, please visit: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. The Service may associate some or all of these types of cookies with your devices.
Web Beacons (“Tracking Pixels”)
Web beacons are small graphic images, also known as “internet tags” or “clear gifs,” embedded in web pages and e-mail messages. Web beacons may be used, without limitation, to count the number of visitors to the Service, to monitor how users navigate the Service, to count content views, and to measure the effectiveness of our advertising and email marketing.
An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer from SPE’s web server, or from a third party with which SPE works, and is active only while you are connected to the Service, and deleted or deactivated thereafter.
GPS (global positioning systems) software, geo-filtering and other location-aware technologies locate (sometimes precisely) you for purposes such as verifying your location and delivering or restricting content and advertising based on your location.
Collection and analysis of information from your device, such as, without limitation, your operating system, plug-ins, system fonts, and other data, for purposes of identification and/or tracking.
Device Recognition Technologies
Technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use (e.g., Facebook ID), which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user or household).
In-App Tracking Methods
There are a variety of Tracking Technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifier, or other identifiers such as “Ad IDs” to associate app user activity to a particular app and to track user activity across apps and/or devices.
Some information about your use of the Service and certain Third-Party Services may be collected using Tracking Technologies across time and services, and used by SPE, Sony group companies, and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Service and certain ThirdParty Services. See Section 11 regarding certain choices regarding these activities.
SPE is giving you notice of the Tracking Technologies and your choices regarding them explained in Section 11 so that your consent to encountering them is meaningfully informed.
C. Information SPE Collects From Partners and Other Sources.
SPE may also obtain information about you from other sources, including SPE’s affiliates (“Sony group companies”), Service Providers and Third-Party Services, and combine that with SPE-Collected PI. Such third-party-sourced, or non-Service-sourced, information (including Personal Information) will only be treated as SPE-Collected PI to the extent it is combined with SPE-Collected PI. SPE is not responsible or liable for the accuracy of the information provided by third parties or for third party policies or practices.
2. USE OF INFORMATION
Allow you to participate in the features we offer on the Service;
Facilitate, manage, personalize, and improve your online experience;
Transact with you, provide services or information you request, respond to your comments, questions and requests, serve you content and/or advertising, and send you notices;
For Sony group companies’ marketing and other purposes including identity resolution;
Improve the Service and for any other internal business purposes;
Tailor our content, advertisements, emails, SMS/Text messages and offers;
Fulfill other purposes disclosed at the time you provide Personal Information or otherwise where we are legally permitted or are required to do so;
Determine your location and manage digital content rights (e.g., territory restrictions); and
Prevent and address fraud, breach of policies or terms, and threats or harm.
3. SHARING OF INFORMATION
SPE may share non-Personal Information, and Personal Information that is not deemed SPE-Collected PI hereunder (provided that SPE is aware of no restrictions on SPE’s use, if any), with third parties, including without limitation other Sony group companies for any purpose. SPE’s sharing of SPE-Collected PI is, however, subject to the following:
Marketing: While on the Service, you may have the opportunity to consent (which may be by opt-in or election not to opt-out) to receive information and/or marketing offers from someone else or to otherwise consent to the sharing of SPE-Collected PI with a third party. Absent your consent (which may be by means of third party interaction described in the next bullet point), however, SPE will not share your SPE-Collected PI with third parties, other than Sony group companies (except as otherwise required by applicable law), for their own direct marketing purposes, except in connection with Corporate Transactions (defined below).
Your Disclosure or Consent: As more fully described in Section 5 (Information You Disclose Publicly or to Others) and Section 6 (Third-Party Services, Social Features, Advertising and Analytics), your activities on the Service may, by their nature, result in the sharing of your SPE-Collected PI (as well as your other Personal Information and your non-Personal Information) with third parties, and by engaging in these activities you consent to that and further sharing and disclosure to third parties. Such third party data receipt and collection is subject to the privacy and business practices of that third party, not SPE.
To SPE’s agents, vendors, consultants, and other service providers (collectively “Service Providers”) who may receive, or be given access to your information, including, without limitation, Personal Information, non-Personal Information, and Usage Information, in connection with their work on SPE’s behalf. For more information on choices Service Providers may offer see Section 11.
To comply with the law, law enforcement or other legal process, and in response to a government request;
SPE may share your SPE-Collected PI (as well as your other Personal Information and your non-Personal Information), in connection with or during negotiations of any proposed or actual merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of SPE assets, or transfer of all or a portion of SPE’s business to another company (“Corporate Transactions”).
4. SWEEPSTAKES, CONTESTS, AND PROMOTIONS
5. INFORMATION YOU DISCLOSE PUBLICLY OR TO OTHERS
Additionally, the Service may offer you the option to send a communication to a friend. If so, SPE relies on you to only send to people that have given you permission to do so. The friend’s Personal Information you provide (e.g., name, e-mail address) will be used to facilitate the communication, but not used by SPE for any other marketing purpose unless SPE obtains consent from that person. Your contact information and message may be included in the communication.
6. THIRD-PARTY SERVICES, SOCIAL FEATURES, ADVERTISING AND ANALYTICS
Certain functionalities on the Service permit interactions that you initiate between the Service and certain Third- Party Services, such as third-party social networks (“Social Features”). Examples of Social Features include: enabling you to send content such as contacts and photos between the Service and a Third-Party Service; “liking” or “sharing” SPE’s content; logging in to the Service using your Third-Party Service account (e.g., using Facebook Connect to sign-in to the Service); and to otherwise connect the Service to a Third-Party Service(e.g., to pull or push information to or from the Service). If you use Social Features, and potentially other Third Party Services, information you post or provide access to may be publicly displayed on the Service (see Section 5) or by the Third- Party Service that you use. Similarly, if you post information on a Third-Party Service that references the Service (e.g., by using a hashtag associated with SPE or Sony group companies in a tweet or status update), your post may be used on or in connection with the Service or otherwise by SPE and Sony group companies. Also, both SPE and the third party may have access to certain information about you and your use of the Service and any Third-Party Service.
SPE may engage and work with Service Providers and other third parties to serve advertisements on the Service and/or on Third-Party Services. Some of these ads may be tailored to your interest based on, for example, your browsing of the Service and elsewhere on the internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”), which may include sending you an ad on a Third-Party Service after you have left the Service (i.e., “retargeting”).
7. DATA SECURITY AND MONITORING
SPE takes reasonable measures to protect SPE-Collected PI (excluding UGC) from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the internet and online digital storage are not completely secure and SPE cannot guarantee the security of your information collected through the Service.
8. INTERNATIONAL TRANSFER
9. CHILDREN’S PRIVACY
SPE does not knowingly collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA, and for any children’s or mixed-use portions of the Service (if any) SPE will comply with COPPA. If you are a parent or guardian and believe SPE has collected Children’s Personal Information in a manner not permitted by COPPA, please contact SPE here and SPE will remove such data to the extent required by COPPA.
11. ACCESSING AND CHANGING INFORMATION
If you have registered an account with SPE, SPE provides you with tools and account settings to access, correct, delete, or modify the information you provided to us and associated with your account. SPE will make good faith efforts to make such requested changes in SPE’s then-active databases as soon as practicable, but it is not always possible to completely change, remove or delete all your information or public postings from SPE’s databases (California minors see Section 9) and residual and/or cached data may remain archived thereafter. Further, we reserve the right to retain data (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained except to the extent prohibited by applicable law.
11. CHOICES: TRACKING AND COMMUNICATIONS OPTIONS
A. Tracking Technologies Generally.
Regular cookies and tracking pixels, among other Tracking Technologies, may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies. For information on disabling Flash cookies, go to Adobe’s website http://helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html. You can also manage the use of some Tracking Technologies such as without limitation cookies and tracking pixels by using SPE’s Cookie Consent Tool. Please be aware that every website utilizes its own cookies, so cookie preferences should be set for each SPE website. If you choose to opt out of any Tracking Technologies such as without limitation cookies and pixels, a preference cookie will be placed on your device in order to honor that opt-out. If you later clear your browser and delete cookies from your device, by doing so you will also remove the preference cookie. Therefore, in order to remain opted out of Tracking technologies, you will have to go back to the Cookie Consent Tool and renew your choices. Please remember that if you disable or remove these technologies, some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.
App-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can be disabled by uninstalling the app and in some instances by using the Cookie Consent Tool in the app you are using. To uninstall an app, follow the instructions from your operating system or device manufacturer.
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus as to what “Do Not Track” means in this context. Like many online services, SPE currently does not alter SPE’s practices when SPE receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit https://www.allaboutdnt.com, but SPE is not responsible for the completeness or accuracy of this third party information. Some third parties, however, may offer you choices regarding their Tracking Technologies. SPE is not responsible for the completeness or accuracy of third party choice notices or choice mechanisms. For specific information on some of the choice options offered by third party analytics and advertising providers, see the next section.
B. Analytics and Advertising Tracking Technologies.
You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and our partners may participate in the Digital Advertising Alliance’s(“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising online, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for mobile apps. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Opting out does not mean that you will no longer receive ads, but that the ads you see will no longer be relevant to your preferences. Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use of a different device or web browsers or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. SPE supports the ad industry’s 2009 Self-Regulatory Principles for Online Behavioral Advertising ( https://www.iab.com/wp-content/uploads/2015/05/ven-principles-07-01-09.pdf). SPE is not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
C. Mobile Apps.
With respect to SPE’s mobile apps (“apps”), you can stop all collection of data generated by use of the app by uninstalling the app. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain location-based services, by adjusting the permissions in your mobile device. See also the prior section regarding the DAA’s mobile Interest-based Advertising choices.
You can opt out of receiving certain promotional communications (emails or text messaging) from SPE at any time by (i) for promotional e-mails, following the instructions provided in emails to click on the unsubscribe link, or if available by changing your communication preferences by logging onto your account; and (ii) for text messages, following the instructions provided in text messages from SPE to text the word, “STOP”. Please note that your opt- out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions. If you opt- out of only certain communications, other subscription communications may continue. Even if you opt-out of receiving promotional communications, SPE may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or SPE’s ongoing business relations.
E. Audience Measurement.
12. YOUR CALIFORNIA PRIVACY RIGHTS
A. California’s “Shine the Light” Law
SPE only knowingly shares personal information (as defined by California’s “Shine the Light” law), with non- affiliated third parties (i.e., parties other than Sony group companies except as otherwise required by applicable law) for their own direct marketing purposes if you specifically opt-in, or are offered the opportunity to opt-out and elect not to opt-out, to such sharing at the time you provide personal information or choose to participate in a feature on the Service. If you do not opt in or if you opt-out at that time, SPE will not knowingly share the personal information that was collected in connection therewith with such identified non-affiliated third party(ies) (or Sony group companies where required by applicable law) for its/their own direct marketing purposes, but may continue to seek your consent to sharing with the same or other non-affiliated third parties (or Sony group companies where required by applicable law) for their own direct marketing purposes from time-to-time. Each consent notice and opportunity will be treated separately so it is possible that you may consent to some sharing but not to others.
In addition, California residents may request information about SPE’s compliance with the Shine the Light law and the Sony group companies with which SPE may have shared personal information for their direct marketing purposes by contacting SPE here or by sending a letter to Sony Pictures Entertainment Inc. at 10202 W. Washington, Jimmy Stewart Building, Culver City, CA 90232 (Attention: Privacy Program, Information Security). Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that SPE is only required to respond to one such request per customer each year, and SPE is not required to respond to requests made by means other than through the provided e-mail address or mail address.
B. The California Consumer Privacy Act (also known as the “CCPA”)
If you are a California resident, California law also provides you with specific rights regarding your Personal Information which are set forth in more detail below.
The Right to Delete Personal Information and the Right to Know About Personal Information Collected, Disclosed, or Sold
SPE will take reasonable steps to verify your identity using information you submit with your request before the request will be processed. We may request additional information from you. To submit a request, you can click here or contact us at 1-800-782-6588. If you have visited the SPE studios in Culver City, California in person, please click here. Your request is subject to exceptions allowed by law. Please note that SPE is only required to respond to two such requests per California resident each year and only requests from California residents whose identity SPE can reasonably verify.
Right to Opt Out of the Sale of Personal Information
A California resident has the right to opt- out of the sale of their Personal Information by a business. To submit such a request, please click here or call us at 1-800-782-6588. Submitting such a request will not impact what information is collected from you via Tracking Technologies including cookies and tracking pixels, that help us and others better understand you and serve you more relevant content and ads. To opt out of certain Tracking Technologies, click the Cookie Consent Tool. Please be aware that every website utilizes its own cookies, so cookie preferences should be set for each SPE website by clicking on the “Cookie Consent Tool” in that website’s footer. If you choose to opt out of any Tracking Technologies such as without limitation cookies and pixels, a preference cookie will be placed on your device in order to honor that opt-out. If you later clear your browser and delete cookies from your device, by doing so you will also remove the preference cookie. Therefore, in order to remain opted out of Tracking technologies, you will have to go back to the Cookie Consent Tool and renew your choices.
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
A California consumer has the right not to receive discriminatory treatment by a business for the exercise of their privacy rights conferred by the CCPA.
A California resident may designate an authorized agent to make a request on his or her behalf. To make such a request to delete or to receive information regarding Personal Information that SPE has about you, your authorized agent should submit the request here. To submit an opt-out request, they should click here . They and/or you will be asked to provide proof of such authorization, i.e., a power of attorney or a letter of authorization and proof of identity. We will contact your agent and/or you with additional details after the request has been received.
Personal Information Collected, Sold or Disclosed
SPE may have collected any of the above categories of Personal Information about California residents during the past 12 months for the purposes described in this policy. This information may have been collected from consumers and data resellers such as data management platforms, and the information may have been shared with third parties such as advertising networks, internet service providers, data analytics providers, operating systems and platforms, social networks and Sony group companies which may not share common branding.
SPE may have disclosed or sold any of the above categories of Personal Information to third parties, including Sony group companies which may not share common branding, for a business or commercial purpose in the past 12 months.
SPE does not sell the Personal Information of California residents under 16 years of age without affirmative authorization.
Financial Incentive Programs
To view information about the CCPA rights requests that SPE received in 2020 from California consumer residents, click here.
14. CONTACT SPE