Privacy Policy
Updated October 08, 2024.
General
This “Privacy Policy” describes our policies, and your choices, regarding the collection, use, and disclosure of certain information about you, including your Personal Information (as defined below), by Shout! Factory, LLC, (and its related and affiliated entities) (hereafter collectively referred to as “we”, “us”, and “Shout”). The purpose of this Privacy Policy is to inform you:
(1) What Personal Information we may collect from you when you visit Shout Sites and/or use Shout Services;
(2) How we use, process and protect such Personal Information; and
(3) The rights, protections and choices you have regarding our use of, and your ability to review, correct and remove Personal Information.
Acceptance of Privacy Policy
By visiting or browsing the Shout Factory! Sites, also known as Shout! Studios (as defined below), as well as the use of Shout services, including but not limited to those offered through our websites, emails, and applications (collectively, the “Shout Service” or “Shout Services”), you are accepting and actively consenting to the practices described in this Privacy Policy. You are free to choose not to provide certain Personal Information, but then you might not be able to take full advantage of many Shout Site and Shout Service features, including account creation, if applicable.
“Shout Sites” refer to any website domain name registered to Shout, including, but not limited to:
https://www.shoutfactorytv.com
Personal Information We Collect
For the purposes of this Privacy Policy, the phrases “personally identifiable information”, “personal information” or “personal data” (hereinafter referred to a “Personal Information”) mean contact information and any other non-public information that is used or intended to be used to personally identify an individual, and any other non-public information that is associated with that information, such as your name, address, telephone number, etc.
We may collect and store Personal Information about you in connection with your use of the Shout Service, including any Personal Information you transmit to or through a Shout Site. We receive and store any data you enter on the Shout Service or provide to us in any other way, including but not limited to signing up for an account, making a purchase on a Shout Site, using the Shout Service directly or through one of Shout’s third-party providers, signing up to our marketing email mailing list, any communication with our customer service, or participating in our surveys, contests, sweepstakes and promotions. Even when we do not retain certain Personal Information, it may be transmitted to our servers initially and stored long enough to process such Personal Information. Some examples of Personal Information we collect are:
Personal Information Provided By You
As mentioned above, any information you volunteer for the purpose of using a Shout Site or using a Shout Service can be collected, including:
(1) Required account set up details such as your name, email address, address or postal code, telephone number, password, birth date, payment authorization and any other information necessary to complete and record purchases and other transactions, as applicable.. The Shout! Factory ecommerce store operates on the Shopify+ platform.
(2) Optional information provided during the use of a Shout Site, including, if applicable, reviews or ratings submitted, taste preferences and personal interests, account/profile settings, and information provided via participation in contests, surveys and/or marketing promotions (including gender, occupation and income level);
(3) Your activity on a Shout Service, such as title selections, watch history, order history, search queries and schedules of use or information otherwise provided to us through a Shout Service or elsewhere, if applicable; and
(4) Communication data such as your interactions with our email, details of your interactions with customer service, such as the date, time and reason for contacting us, transcripts of any chat conversations, and if you call us, your phone number and call recordings.
Automatic/Anonymous Data
Some of the above data is collected and logged by us automatically and anonymously (“Anonymous Information”), in order to make a Shout Site and the Shout Service more useful to you. Here are some other examples of Anonymous Information we collect which is not directly provided by you:
(1) Data Collected by Shout Servers: Shout’s 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 (every device has a unique number, or IP Address, that is automatically assigned to your device when you use the Internet, which may change between sessions of use), your domain name, the date and time stamp of your visit, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, and clickstream data. We use this information to recognize and analyze trends, administer Shout Services, track our users’ movement throughout Shout Services, compile demographic information about our overall user base, and adapt Shout Services to our users’ needs.
(2) Cookies, web beacons, and advertising identifiers: Like most sites, Shout’s Services may use what are known as “cookies” in certain instances, or similar technology such as web beacons, and advertising identifiers, which may use small text files to store a randomly assigned ID and a website reference ID to make your device recognizable to Shout. This technology is generally not used to store Personal Information. Cookies and other similar technology, as they now exist or develop, are used by Shout to help remind us of our users’ identities and tailor Shout Services to reflect our users’ personal interests, estimate our audience size, process user orders, facilitate and track user involvement in any of our contests, sweepstakes and other promotions, and analyze the visiting patterns of our users.
(3) Device Information: If you use a Shout Service via a computer, phone, tablet or any other electronic device application or “App”, Shout may choose to collect Personal Information about the device you use to access the App, including your device’s hardware model, the name and version of your operating system, your MAC address, the unique ID of your device, and what mobile network you are using. Please note that Shout has no control over what Personal Information your device’s platform operator, such as Apple and Google, collects and uses. We suggest in addition to this document, you review your platform operator’s privacy policies to gain a better understanding of their own standards and practices regarding Personal Information.
(4) Advertiser Collected Data: Shout may use third-party websites and advertising networks and companies including, without limitation, social media sites including Facebook (“Ad Companies”) to display ads for or on Shout Services. Shout collects information from these advertising services as set forth herein and the privacy policies of such Ad Companies. Such information may include but not be limited to: your use of a Shout Service, your IP address, your ISP, as well as the browser you used to visit a Shout Site or the device you used to engage with a Shout Service. The Ad Companies and third-party websites use cookies and other technology to track data about you, both on and off of the Shout Sites. The information is collected by Shout for analysis and visiting patterns, and may also be used, should a visitor to a Shout Site become a user, to deliver targeted advertising based on your interests. Shout is not responsible for the Ad Companies’ or other third-party sites’ collection, protection or use of your Personal Information. We suggest that, prior to using such third-party sites, you review their privacy policies to learn about their use of your information, as well as their implementation of cookies and similar technologies. If you would like more information about the practice of placing cookies on your device and to learn more about your choices regarding not having this information used by Shout or any other third-party companies, please visit http://www.aboutads.info/choices.
Note Regarding Statistical Data/Sensitive Data
Shout may ask for certain statistical data from you (including age, education and socioeconomic status) while performing surveys which will be purely voluntary and always subject to your express consent. All such information will be collected anonymously by Shout for marketing demographic knowledge only. At no point will Shout ask for or process personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, data relating to criminal convictions or data concerning a user’s sex life or sexual orientation.
How We Use Personal Information
We use your Personal Information in lawful, relevant, legitimate, ways to provide a wide variety of services at your request and better your experience with Shout Sites. Specifically, we might use your Personal Information for the following purposes, among others:
(1) Performing general services and functionality, such as creating an account for you, enabling you to subscribe to a Shout Service, managing our email suppression lists, processing your payments, confirming and tracking your order, subscription or registration, analyzing trends and statistics, providing updates and support where needed, administering prize draws and competitions which you choose to enter – including publishing the names of winners, if required, and tailoring the features, performance and support of our services to you (and your personalized recommendations);
(2) Determining your geographic location and demographic information, providing localized content, providing you with customized and personalized viewing recommendations for programming we think is compatible with your interests, determining your Internet service provider, and helping us quickly and efficiently respond to inquiries and requests;
(3) Communicating with you concerning our service (for example by email, online messaging channels and other methods), so that we can send you news about Shout Services, updates about new Shout Service features and/or content, contests, sweepstakes, special offers, promotional announcements and consumer surveys, and assisting you with operational requests such as password reset requests. Please see the “EDITING, CORRECTING AND DELETING PERSONAL INFORMATION” section of this Privacy Policy to learn how to set or change your communications preferences;
(4) Providing technical support and sending service messages (for example, to let you know if a new version of one of our Apps is available, or if there will be any maintenance carried out on a Shout Service) and responding to your requests, resolving disputes and/or troubleshooting problems;
(5) Enforcing our rights and terms of service and prevent, detecting and investigating potentially prohibited or illegal activities, including fraud, and enforcing our terms (this may include preventing copyright infringement, protecting our customers against abuse, determining free trial eligibility and any number of important actions);
(6) Marketing our products and services (and those of third parties) to you that we believe may be of interest to you based on your browsing and viewing behavior and other demographic information we hold about you. This may also involve sending marketing materials to you, including content recommendations and special offers in accordance with your chosen marketing preferences/choices;
(7) Analyzing your use of a Shout Service, including user interface experiences, to help us to understand how the services are used, analyze and understand our audience, optimize content selection, recommendation algorithms and delivery, thereby improving the Shout Service for everyone. This may include inviting you to participate in surveys, user testing and panels;
(8) To serve you better, we may combine Personal Information you give us online via various Shout Sites and Shout Services. We use that combined Personal Information to enhance and personalize your experience with us, and to communicate with you about our products and events that may be of interest to you.
(9) In certain instances, we may disclose your Personal Information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities who may be causing injury to you, to Shout or to others. Shout may also disclose your Personal Information when we believe the law requires it, as further described in the Necessary Disclosures section below.
(10) We may also use your Personal Information to aggregate or anonymize certain information that we collect from you to create Anonymous Information records by excluding information that makes the information personally identifiable to you. We reserve the right to use Anonymous Information for any purpose, including but not limited to: (i) analyzing reviews and consumption behavior to improve our ratings; (ii) tracking logins to personalize your experience (including by tailoring content to you); and (iii) enhancing the Shout Sites or Shout Services and the content of our software.
We will mainly communicate with you via email. You can easily manage the frequency (or opt out completely) of receiving such communication by clicking the “unsubscribe” link at the bottom of any emails we send. Please note that we may send you important Shout Service-related communication (including information relating to your account, transactional communications, or substantive issues that may affect your experience with our services), even if you have unsubscribed to marketing communications.
How We Disclose Personal Information
Personal Information as supplied by you to Shout will not be disclosed outside of Shout except as described below and elsewhere in this Privacy Policy. All of the below Affiliates and third-party partners are contractually obligated to follow at all times the current and applicable practices of data protection as set forth by the law and maintain the standards set forth in this Privacy Policy.
(1) Third-party Service Providers. We may share your Personal Information with our third-party service providers that help us provide a Shout Service we offer, such as third-party websites that offer a Shout Service as part of a “bundling” within their own services and third-party companies that help us process payments for goods and services. Please note that while a Shout Service may be made available for purchase/subscription via third-party websites and the information you provide to them in order to make such transactions will be made available to them (as well as Shout) for the purposes of facilitating such transaction, any third-party websites are party to their own rules and regulations regarding acquisition, usage and protection of personal information. Please visit that third-party site’s privacy policy for more information.
(2) Third Party Tracking Services: Shout allows third-party tracking services such as Google Analytics to monitor Shout Sites and Shout Services which may involve the collection of Personal Information. If such Personal Information is tracked by third-party services, the information will be anonymous and for statistical and analytics purposes only unless further agreed upon by you. See our Advertiser Collected Data section above.
(3) Affiliates: Since most of our functions requiring Personal Information (including marketing and technical support) are handled in-house throughout various departments in our company, 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 order to best operate the Shout Sites and Shout Services and cater and market them to you according to your interests and feedback. If we acquire additional Affiliates in the future, we will require our Affiliates to honor this Privacy Policy.
(4) Corporate Restructuring: In the occurrence of (or negotiation of) a merger, financing deal, sale, dissolution, transfer, divestiture, or disclosure of some or all of our assets, we may share some or all of your Personal Information as is legally or contractually obligated, or as required by virtue of such Personal Information becoming transferred as a business asset in the event of insolvency, bankruptcy, or receivership. If any of the above were to occur, and our company, business and/or assets are acquired by a third party, such third party will assume all right and responsibility to your Personal Information as set forth in this Privacy Policy.
(5) Necessary Disclosures. Please be advised that, regardless of the choices you make regarding your Personal Information, Shout may be required to disclose such Personal Information as necessary to comply with any current or future state, federal or international laws and regulations, to cooperate with a legal investigation(s), subpoena(s) or warrants served on Shout, to defend our rights, property (including copyright) or our users (including you) and to investigate or assist in preventing any violation of the state, federal or international law (potential or actual), Shout’s Privacy Policy, or Shout’s Terms of Use.
Note Regarding Social Networking
Shout does not share your Personal Information with any social networking service or “SNS” (e.g., Facebook or Twitter). You may voluntarily contribute information, feedback and commentary to an SNS. However, if you choose to share information or post content to these sites regarding a Shout Site or a Shout Service, you are solely responsible for your use of those websites. It will be your responsibility to follow the terms of use of such third-party website and review their privacy policy. We cannot and will not in any way be responsible for any activity that occurs on such SNS, including your own activity or use of such website.
Note Regarding Links To Third-Party Sites
Further to the SNS note above, a Shout Site may contain links to web sites operated and maintained by third parties. In addition, such third-party sites may reference, advertise, or link to a Shout Site. Shout has no control over these third-party web sites. Privacy policies on such linked sites may be different from our Privacy Policy. Shout does not endorse or sponsor other web sites, is not responsible for the privacy practices or the content of non-Shout Sites, expressly disclaims any statements or assertions made on such web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisement. You access such linked sites at your own risk. You should always read the privacy policy of a linked site before disclosing any Personal Information on such site.
Where We Store Personal Information
Your Personal Information will be stored in the United States. By visiting or browsing the Shout Sites and using the Shout Services, and by providing your Personal Information to Shout, all users, including, without limitation, users in the member states of the European Union, fully understand and unambiguously consent to the collection, storage, and processing of such information in the United States and the terms of this Privacy Policy.
Editing, Correcting And Deleting Personal Information
You can request access to your Personal Information, or correct inaccurate Personal Information by contacting info@shoutfactory.com
Shout will keep your Personal Information for as long as you use a Shout Service or visit a Shout Site and for an amount of time after you have stopped using the Shout Service or visiting a Shout Site for administrative and analysis purposes only. Notwithstanding the foregoing, Shout will immediately delete any personally identifiable Personal Information if you specifically request its immediate deletion at the time you stop using the Shout Service by contacting info@shoutfactory.com; provided that, Shout may reject requests that are unreasonable or not required by law, including those that could require disproportionate technical effort, would be extremely impractical, could expose Shout to operational risks such as free trial fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce the Shout Terms of Use, and take other actions otherwise permitted by law. Notwithstanding the forgoing, Shout may keep an anonymized form of your Personal Information for a longer period, but such data cannot in any way be connected to you. Shout’s payment partners will keep certain payment information for as long as required by law.
Please remember that if you delete certain Personal Information you may not be able to continue to use Shout Services or access certain pages of a Shout Site without entering additional information.
Your Choices
You have the following choices regarding how Shout and third parties use certain Personal Information collected from or about you:
(1) Elect Not to Provide Personal Information. You may always choose not to provide Personal Information, even though it might be needed to make engage or subscribe to Shout Services, as applicable, or to take advantage of Shout Site features.
(2) Email. If you no longer want to receive certain communications from us via email simply click the “unsubscribe” link in the email.
(3) Interest-Based Ads. If you are using a browser or a mobile device, tablet, or streaming media device, then cookies, web beacons, and advertising identifiers can be used to collect information to help determine your likely interests via interest-based ads. You can set the preferences of your browser to inform you when cookies or web beacons are sent, which will provide you with an opportunity to either accept or deny them. Please review your browser settings and instructions (generally via a “Help” or “Settings” tab) to gain a better understanding of how to track and manage cookies. Note, however, that some of Shout Service operations and Shout Site pages and may not function properly if you choose to block certain cookies. To opt out of interest-based ads from Shout in connection with an advertising identifier on a mobile device, tablet, or streaming media devices, please configure the appropriate setting on your device (usually found under “privacy” or “ads” in your device’s settings). Note that changing any of these settings does not prevent the display of certain advertisements to you that are not interest-based.
(4) Additional Choices for California Residents. We do not disclose your Personal Information to third parties for the purpose of directly marketing their goods or services to you (as compared to when the third party is acting on our behalf or you have provided your personal information as part of a co-promotion by Shout and the third party) unless you first agree to such disclosure. If you are a California resident, you may be entitled to request certain information regarding our disclosure, if any, of Personal Information (such as your name and contact information) to third parties who wish to contact you or send you promotional information about their products and services directly. If you are a California resident and would like to request a copy of information regarding our disclosure to third parties for their direct marketing purposes in the preceding calendar year, please contact us at info@shoutfactory.com.
Protecting Children
Shout Services as well as Shout Sites are intended for general audiences and are not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us at info@shoutfactory.com. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child’s account. We urge parents and guardians to participate in their children’s online activities and use parental control or other web filtering technology to supervise children’s access to the web.
Security
We use commercially reasonable encryption and authentication tools to protect the security of your personal information that you share with us. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from a Shout Site, and you do so at your own risk. We urge you to keep your password in a safe place and not to divulge it to anyone. Also remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or Internet cafe. Please refer to the U.S. Federal Trade Commission’s website for information on how to protect yourself from identity theft. Should Shout experience a data breach involving your Personal Information, we will notify you of such breach (to the best of our ability based on your communication preferences).
Personal Information about our customers is an important part of our business, and we are not in the business of selling it to others. Except as specifically set forth herein, we will never sell your Personal Information to any third-party under any circumstances without warning you in advance, changing this Privacy Policy, and giving you the option to approve or deny such settings.
Membership
We offer a program that gives perks, like cash back, early access, and exclusive offers (“Membership Program”). When you sign up for the Membership Program, we ask for your name, email address, and in some cases, your phone number. Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Membership Program or any of its features without notice. To the extent permitted by applicable law, we may also modify these Membership Program Terms at any time and your continued use of the Membership Program following the effective date of any such changes shall constitute your acceptance of such changes.
Under California law, our Membership Program might be considered a “financial incentive” program as it involves collecting personal data. We do not assign a monetary value to the data we collect. Based on our reasonable estimate, the value of your personal data to us is related to the value of the free or discounted products or services you get. This value is based on the cost related to offering those free or discounted products or services.
You can opt-in to our Membership Program by providing the information requested when you visit or shop shoutfactory.com. Additional information about our membership program and activities may be found when you sign up and at https://shoutfactory.com/community/membership.
By participating in our membership program, you may provide us personal information including:
- Contact data
- Profile data
- Communications data
- Payment and transactional data
- Device data
- Online Activity data
- Data about others
You may withdraw from the Membership Program by contacting us info@shoutfactory.com.
Data Sharing and Third-Party Disclosure
When you enroll in the Membership Program, you consent to the sharing of your personal data, including your name, email address, purchase history, and usage data, with our Membership Program provider, Inveterate. This information is shared to facilitate the management of your membership benefits, track rewards, and for analytics purposes to improve the program.
Inveterate processes your data as a service provider to Shout! Factory. For more information on how Inveterate uses your data, please review their Privacy Policy.
Your Rights Regarding Shared Data
You have the right to access, modify, or delete any personal data shared with Inveterate as part of your membership. If you have any concerns or would like to exercise your rights, please contact us at info@shoutfactory.com.
Data Retention and Security
Your data will be retained by Inveterate for as long as is necessary to provide the Membership Program services and benefits, or as required by applicable laws. Inveterate implements industry-standard security measures to ensure the safety and protection of your data.
Withdrawal from the Membership Program
You may withdraw from the Membership Program at any time by contacting us at info@shoutfactory.com. Upon withdrawal, any personal data shared with Inveterate will be managed in accordance with their data retention policies and applicable legal requirements.
SMS
The Shout! Factory mobile message service (the "Service") is operated by Shout! Factory (“Shout! Factory”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes.
By consenting to Shout! Factory’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Shout! Factory through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Shout! Factory. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +1 +877-731-7173 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Shout! Factory mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +1 +877-731-7173 or email info@shoutfactory.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.
Shout VPPA Provision
Consent For Sharing Of Your Protected Video Info
Some of your Personal Information may be subject to the federal Video Privacy Protection Act (“VPPA”) and similar state laws (“Protected Video Info”). You acknowledge that your consent herein includes giving Shout permission to collect, retain, use, and disclose your Protected Video Info as provided in this Privacy Policy. For Protected Video Info governed as “personally identifiable information” under the VPPA, your consent herein to our sharing of that “personally identifiable information” (defined as “information which identifies a person as having requested or obtained specific video materials or services….”) expires two (2) years after it is given; however, not all types of sharing require your consent. To the extent required by applicable law, you may at any time withdraw your consent regarding Protected Video Info by contacting us at info@shoutfactory.com and stating that you desire to terminate your Protected Video Info consent. This will not affect sharing where consent is not required. The expiration or termination of your Protected Video Info consent may result in the termination of your ability to continue to use the applicable Shout Service, and only limits our ability to continue to use and share your Protected Video Info to the extent required by applicable law. Any renewed use of the applicable Shout Services after termination or expiration is a new consent. If we obtain new consent from you after the expiration of the two (2) year period, this period may be extended for additional two (2) year periods each time we obtain new consent from you. As to any advertiser supported video offering, you acknowledge that by electing to view such video, you are requesting that Shout provide you with such video as well as the advertisements included therein and that, in connection therewith, Shout may share your Protected Video Info with one or more third-parties.
By agreeing to this Privacy Policy, you are consenting to our sharing of your Protected Video Info, including what videos were watched and what video programming was otherwise interacted with, on the device(s) on which the Shout Service has been activated or accessed. Sharing this information will help Shout to provide superior service and allows you to take full advantage of the features of the Shout Service.
Consent For Residents Of Minnesota, New York, Or Tennessee
If you are a resident of Minnesota, New York, or Tennessee, the following is in addition to your general consent above. By agreeing to this Privacy Policy, you are effectively “signing” the consent in the corresponding state notices below:
Minnesota:
This videotape service provider (videotape seller) from time to time provides to marketers of goods and services, the names and addresses of customers and a description or subject matter of materials rented or purchased by video customers. The videotape service provider (videotape seller) may not include your name, address, or the description or subject matter of any material rented or purchased in these lists without your written consent. This election may be changed by you, in writing, at any time.
I do not object to the release of my name, address, or the description or subject matter of the material rented or purchased.
I consent and agree.
New York:
This video tape service provider from time to time provides to marketers of goods and services, the names and addresses of customers and a description or subject matter of materials rented by video customers. You have the right to elect not to have your name, address or the description or subject matter of any material rented included in such lists. This election may be changed by you, in writing, at any time.
I do not object to the release of my name, address or the description or subject matter of the material rented.
I consent and agree.
Tennessee:
This video tape service provider from time to time provides to marketers of goods and services, the names and addresses of customers and a description or subject matter of materials rented by video customers. You have the right to elect not to have your name, address or the description or subject matter of any material rented included in such description or subject matter of any material rented included in such lists. This election may be changed by you, in writing, at any time.
I consent and agree.
Governing Law; Resolution Of Disputes By Binding Arbitration
This Privacy Policy and all disputes arising hereunder or relating hereto or with respect to any Shout Service shall be governed by the laws of the State of California without regard to conflicts of laws principles. You and we agree that all questions, disputes, controversies or claims between us shall be submitted to binding arbitration in accordance with the terms of the Federal Arbitration Act. YOU HEREBY WAIVE YOUR RIGHT TO A COURT OR JURY TRIAL. This agreement to arbitrate applies to, but is not limited to, all disputes regarding the construction or application of this Agreement, all claims arising under federal, state, or local statutory or common law, including, without limitation, claims of breach of promise[s], breach of contract or breach of the covenant of good faith and fair dealing, tort claims, sexual harassment claims and any and all other claims of illegality or breach of any right which you might hold against us, under this Agreement or otherwise.
The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its rules and procedures. The arbitration shall take place in Los Angeles, California before a single neutral arbitrator from the panel of AAA. The Rules of Evidence of the State of California, including the rules relating to hearsay, will apply to the arbitration. The arbitrator shall issue a written decision and award including the essential findings and conclusions on which the award is based. The opinion and award will decide all issues submitted and shall be final and binding to the fullest extent permitted by law and will be enforceable by any court having jurisdiction. To the extent allowed by California law, the arbitrator shall be required to follow all applicable substantive law. The arbitrator shall grant any legally meritorious motion for summary judgment presented by any party. The prevailing party shall have its arbitration fees, attorneys’ fees, expert fees, consulting fees, and all other associated and related costs paid for by the other party and the arbitrator’s opinion and order shall so state. The arbitrator shall be permitted to award those remedies, in law or equity, which are requested by the parties and which the arbitrator determines to be supported by credible and relevant evidence presented. The party who prevails in any arbitration may seek to have the arbitrator’s award confirmed as a judgment in any court of competent jurisdiction. The arbitration shall be private and confidential. As a material inducement to Shout to provide the Shout Services to you, you hereby waive, to the fullest extent permitted by law, the right to institute, prosecute or join any class action case against Shout, even if the rules of the AAA would otherwise allow for such. Accordingly, the arbitrator may award money or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. No class or representative or private attorney general theories of liability or prayers for relief may be maintained in any arbitration held under this agreement. Any question regarding the enforceability or interpretation of this paragraph shall be decided by a court and not the arbitrator.
Policy Updates
Shout has the right to update this Privacy Policy at any time. You should check this Privacy Policy each time you provide Personal Information to us. The date of the most recent revision will appear at the top of this page. All changes to this Privacy Policy will go into effect on the date posted at the top of the Privacy Policy. The new policy will apply to all current and past users of the Shout Sites and Shout Services and will replace any prior policies which are inconsistent. Your continued use of a Shout Site or Shout Services after the posting will constitute acceptance of, and agreement to be bound by, those changes. Additionally, you will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Shout Site, of any information about you contained in the applicable Shout database, if Shout or one of its companies assigns its rights and obligations regarding any of your information at the time of a merger, acquisition, or sale of all or substantially all of Shout ‘s or such Shout company’s assets related to the applicable site or service to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Shout Site or Sites or any Service signifies your agreement to be bound by the Privacy Policy and other terms and conditions (if any) of the Shout Site’s or Service’s subsequent owner or operator.
Shout’s Data Protection Officer (Feedback/Contact Us)
For questions specifically concerning this Privacy Policy, to help us improve our Privacy Policy, or to express any questions, concerns or complaints regarding Shout’s collection and use of your Personal Information please contact us at info@shoutfactory.com. Alternatively, you may write to us at the following address:
Shout! Factory, LLC
1640 S. Sepulveda Blvd., Suite 400
Los Angeles, CA 90025
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PRIVACY POLICY FOR CALIFORNIA RESIDENTS
Last updated: June 30, 2020
Notice of Collection of Personal Information
Your Privacy is important to us. See how we protect your information.
This PRIVACY POLICY FOR CALIFORNIA RESIDENTS (“California Privacy Policy”) supplements the information contained in the Privacy Policy of Shout! Factory, LLC and its affiliated entities (“Shout” or “we” or “us”) and applies solely to residents of the State of California (“consumers” or “you”). This California Privacy Policy applies to the website, mobile app, and electronic communications where it appears (the “Network”). Shout has adopted this California Privacy Policy to comply with the California Consumer Privacy Act of 2018 (the “CCPA”) and other California privacy laws.
The CCPA gives California residents the right to know what specific personal information, and categories of information, Shout holds and provides to others, and the right to have that information be deleted by Shout, subject to certain exceptions.
CATEGORIES OF INFORMATION THAT WE COLLECT AND CATEGORIES OF SOURCES OF SUCH INFORMATION
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). The chart below shows the following categories of personal information about consumers that Shout has collected within the last 12 months and the categories of sources of such information:
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Category of Personal Information Collected |
Categories of Sources |
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Identifiers, such as your name, address, phone number, email address, or other similar identifiers. |
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Commercial Information, such as your use of our services, products or services purchased, purchase history (whether from us and/or third-party sellers). |
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Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as consumer’s name, address, telephone number, credit card number, debit card number. Personal information in this category may overlap with other categories |
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Protected Classification Characteristics, such as age, gender, religion, and disability information. |
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Internet/Network Information, such as your IP address, or browser or device information, browsing history, search history, and your interaction with a website, application, or advertisement. |
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Geolocation Data, such as information about your physical location collected from geolocation features on your device, including your IP address. |
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Professional/Employment Information, such as your employing entity, business unit, manager and management reporting structure, job title, function and the nature of your duties and responsibilities. |
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Other Personal Information, such as information you provide to us when interacting with us through social media, or comments and opinions you provide to us such as when you post on message boards, blogs or complete an online form. |
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Other Financial Information, such as credit card number, bank account number, debit card number. |
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Audio, electronic, visual or similar information, such as the recording of customer service calls and pictures of you. |
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Social media information (which may include personal identifiers, photos, location, user generated content, demographic information). If you link your account or access our services through a third-party connection or log-in, we may have access to any information you provide to that social network depending on your privacy settings such as your name, email address, friend list, photo, gender, location, and current city; and information you provide to us directly through our pages on social networking and blogging platforms (e.g., Facebook, Instagram, YouTube, and Twitter). |
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Inferences, including information generated from your use of the websites reflecting predictions about your characteristics, behavior, attitudes, interests and preferences. |
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Personal information, under the CCPA, does not include information that is publicly available from government records or deidentified or aggregated consumer information.
USE OF PERSONAL INFORMATION
We may use or disclose the personal information we collect for one or more of the following business purposes:
- Performing services you have purchased from or contracted for with us, including maintaining or servicing accounts, as well as providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services;
- Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;
- To contact and communicate with you about our products and services, and your relationship with us, and to respond to your questions and other communications;
- To personalize and improve your experience of our Network and to deliver content and product and service offerings relevant to your interests, including targeted offers including sending promotional information about our products, services, competitions and giveaways;
- To personalize and customize your experience on our Network through ads;
- For internal record keeping and administrative purposes;
- To better understand the demographics of our users;
- To prevent fraud and ensure the protection of the rights, property security, and safety of our customers or others, our company and our Network;
- To recognize you and remember your information when you return to our Network and services;
- To assist you in sharing content from our services, or your experiences on our services, with your friends, followers or contacts on a social network;
- Short-term, transient use, including, but not limited to, the contextual customization of ads shown as part of the same interaction;
- Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
- For testing, market research, analysis and product development, for instance we may send you information about new features on our Network, new services we offer and special offers;
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations, as well as to resolve any legal disputes; and/or
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Shout is included in the assets being transferred.
Shout will not collect additional categories of personal information or use the personal information we collect for materially different, unrelated, or incompatible purposes without providing you notice.
DISCLOSING PERSONAL INFORMATION TO A THIRD-PARTY FOR A BUSINESS PURPOSE
Shout discloses your personal information to third-parties for business purposes. When we disclose personal information, we enter an agreement that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except in performing the agreement. We provide your personal information for a business purpose to the following categories of third-parties:
- Our affiliates
- Service provider
- Our joint marketing partners
- Our business partners
- Social media networks
- Third-parties to which you authorize Shout to disclose your personal information
- Third-party marketing partners
- Government entities, including law enforcement
We do not sell personal information as the term is traditionally understood, versus the definition under the CCPA — for example, we do not exchange for money personal information to data brokers or third-parties for their marketing purposes independent of us. In the previous 12 months we have “sold,” as such term is used in the CCPA, the following categories of personal information:
In the previous 12 months, we have disclosed all of the categories of personal information we collect, explained in the table above, to third-parties for a business purpose.
YOUR RIGHTS AND CHOICES
The CCPA provides California residents (consumers) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Right to Access to Specific Information, Categories of Information and Reasons for Collecting (Right to Know)
You have the right to request that we disclose the following information to you about our collection, use, disclosure, and sale of your personal information over the past 12 months. Specifically, you have the right to request the following:
- The categories of personal information we collected about you
- The categories of sources of the personal information we collected about you
- The specific personal information we collected about you
- The categories of personal information we disclosed for a business purpose
- The categories of third-parties to which we disclosed your personal information for a business purpose
- Our business or commercial purpose for collecting your personal information
Right to Request Deletion (Right to Delete)
Subject to certain exceptions, you have the right to request that we delete any or all of your personal information that we collected from you and retained over the past 12 months. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. You may request Shout to delete only a portion of your personal information.
If you submit a verifiable consumer request for Shout to delete your personal information, we will ask you to confirm your request before deleting the information.
We may deny all or part of your deletion request if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated based on our ongoing business relationship with you, or otherwise perform our agreement with you
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities
- Debug products to identify and repair errors that impair existing intended functionality
- Exercise free speech or ensure the right of another consumer to exercise their right of free speech or other right provided for by law
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with Shout
- Comply with law or a legal obligation
- Otherwise use your personal information internally, in a lawful manner that is compatible with the context in which you provide the information.
- As otherwise permitted under the CCPA.
As required by the CCPA, unless otherwise required by applicable law or regulation, Shout will not at any time disclose any government-issued identification number.
DO NOT SELL MY INFO
You may request that Shout not sell your personal information. To do so, please submit a verifiable consumer request in any of the following ways:
- Go to our request webform at https://shoutfactory.com/pages/ccpa-compliance
- Call Shout toll free at 877-366-3293
HOW TO REQUEST TO KNOW YOUR PERSONAL INFORMATION OR REQUEST DELETION OF YOUR PERSONAL INFORMATION
To use the access and deletion rights described above, please submit a verifiable consumer request in any of the following ways:
- Go to our request webform at https://shoutfactory.com/pages/ccpa-compliance
- Call Shout toll free at 877-366-3293
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf (an authorized agent) may make a verifiable consumer request relating to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
HOW SHOUT WILL VERIFY A CONSUMER REQUEST
You may only make a verifiable consumer request twice within a 12-month period. Your verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or the authorized agent of that person, or you are the parent or guardian of a minor child about whom we have collected personal information, and that any authorized agent is authorized to make the request on your behalf; and
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Shout must be able to verify your identity, or if you are an authorized agent, your authority to make a request on behalf of a consumer, to be able to respond to your request or provide you with personal information. If you are the parent or guardian of a minor child for whom you wish to make a request, then you will be asked to certify as to that relationship.
Making a verifiable consumer request does not require you to create an account with us. We will use personal information provided in a verifiable consumer request only to verify the requestor's identity or authority to make the request.
To verify your identity, we will request information that is generally provided when interacting with us such as name, address, email address and/or information regarding previous purchases from us.
RESPONSE TO A VERIFIABLE CONSUMER REQUEST
Shout’s policy is to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically. Any disclosures we provide will cover the 12-month period before Shout’s receipt of your request.
If we are unable to comply with all or a part of your request, a notice will be sent to you that explains the reasons we cannot comply with a request.
For responses to requests to know your personal information, we will present your personal information in a way that is readily useable and provide it using reasonable security measures.
We do not generally charge a fee to process or respond to your verifiable consumer request unless the request is excessive, repetitive, or manifestly unfounded. Pursuant to CCPA, if we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
NON-DISCRIMINATION
We will not discriminate against you for exercising any of your CCPA rights.
- Denying you goods or services
- Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties
- Providing you a different level or quality of goods or services
- Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services
AUTHORIZED AGENTS
You may authorize a natural person or a business entity registered with the California Secretary of State to act on your behalf to make a request to know or to delete your personal information.
To do so, you must (i) verify your identity to Shout and provide that authorized agent written permission to make such a request or (ii) provide the authorized agent with power of attorney pursuant to the California Probate Code sections 4000 to 4465.
The authorized agent must include those authorizations in the verifiable consumer request.
Minors Under Age 16
We do not and will not “sell” the personal information of consumers we know to be less than 16 years of age, unless we receive affirmative authorization (the "Right to Opt In") from either the minor who is between 13 and 16 years of age, or the parent or guardian of a minor less than 13 years of age.
California’s “Shine the Light” Law
In addition to the rights described above, California's "Shine the Light" law (Civil Code Section §1798.83) permits California residents that have an established business relationship with us to request certain information regarding our disclosure of certain types of personal information to third-parties for their direct marketing purposes during the immediately preceding calendar year. To make such a request, please send an email to info@shoutfactory.com. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the email address specified in this section.
Updates to This California Privacy Policy
We will update this California Privacy Policy from time to time. When we make changes to this California Privacy Policy, we will change the "Last Updated" date at the beginning of this California Privacy Policy. All changes shall be effective from the date of publication unless otherwise provided in the notification.
FOR MORE INFORMATION
If you have any questions or comments about this California Privacy Policy or any of the information it contains please do not hesitate to contact us at:
Phone: 877-366-3293
Email: info@shoutfactory.com
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