Effective Date: November 20, 2020
This Privacy Policy (“Privacy Policy”) is incorporated into NEON Rated, LLC’s (“us,” “we,” “our,” or “NEON”) terms of use (“Terms of Use”) and applies to the use of any online service that includes a link to this Privacy Policy, including, without limitation www.neonrated.com, and all features, content, and other services that we own, control, and make available through online services that include a link to this Privacy Policy (individually and collectively, the “Site”), whether by accessing the Site via a personal computer, a wireless or mobile device, and/or any other technology or device now known or may hereafter exist (each, a “Device”).
This Privacy Policy applies to all users of the Site (“User”, “you” or “your”), regardless of the Device used to access the Site. This Privacy Policy explains how we collect, use, and share personal information through your use of the Site, including any information you provide while you register for and/or browse the Site. This Privacy Policy does not apply to information that is collected outside of the Site.
By visiting the Site or otherwise using the Site, you agree to the terms of this Privacy Policy, as well as our Terms of Use and our cookies policy (“Cookies Policy”). If you disagree with the terms of this Privacy Policy, please do not use the Site. We may modify this Privacy Policy from time to time, and at any time, without notice to you, for any reason, in our sole discretion. We may notify you of material changes to the Privacy Policy by updating the Effective Date above, by e-mail, or by notification upon login; the form of such notice is at our discretion. Once we post modifications of the Privacy Policy on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the modifications. We encourage you to review the Privacy Policy whenever you use our Site to stay informed about our information practices and the choices available to you.
Information You Provide to Us
We collect information that you submit to us by completing web forms, creating a profile on the Site, and by other methods and/or interactions with the Site. For example, the process of subscribing to updates regarding screenings, content, and/or exclusive offers on the Site requires you to provide us with an e-mail address and you may provide us with your name (or a pseudonym, if you prefer) and/or your company’s name. In addition to collecting any information you voluntarily provide, we may also request optional additional information to support and/or enhance your use of the Site. Furthermore, if you send an e-mail to us, we will collect your e-mail address and the full content of any e-mail you send to us, including attached files and other information provided therein. By voluntarily providing us with this information, you represent you are the owner of such personal information or otherwise are authorized to provide it to us.
Information We Collect Automatically from Your Device(s)
When you use our Site, we may collect information to analyze our Site’s traffic and about the Device you use to access the Site, including hardware model, operating system and version, Internet Protocol (“IP”) addresses and other unique device identifiers, mobile network information, and information about the device’s interaction with our Site. We also may collect information about how you use the Site, including your access times, browser types, and language. We may use this data alone or in aggregate form, as a statistical measure. This type of data enables us to understand how often individuals use parts of the Site. To collect this information, we may use cookies, web beacons, and other similar tracking technologies. To learn more about how we automatically receive and record information when you interact with the Site, please review our Cookies Policy here. This Cookies Policy only covers our use of cookies and does not cover the use of cookies or other technologies by third parties or third party websites. However, options you have to control the use of third party cookies, to the extent applicable to our Site, are explained in our Cookies Policy. By visiting our Site, you affirmatively consent to our collection, use, and distribution of your data, which may be combined with personally identifiable information as necessary to improve the Site.
Location Information
We may collect different types of information about your location, including general information, such as the city, state, and/or zip code associated with your IP address used to access the Site. We may use such location information to customize the Site. For example, if you provide an IP address that indicates that you live in New York, the Site, as well as the website(s) of any vendors or trusted partners you may be directed to, may be customized with New York-specific information and/or features. In order to do this, your location information may be passed along to our affiliates, agents, and/or vendors. Options you have to control the automatic collection of location information are explained below under “WHAT ARE MY CHOICES?”.
Information from Social Media Networks and other Third Parties
We may obtain information about you or your use of the Site from third parties and sources, such as our vendors, like web host providers and/or analytics providers. You may also give us permission to access your information, including personally identifiable information, from services offered by third parties, including social media networks. The information we obtain from third party services depends on your account’s privacy settings with those third parties and the third parties’ privacy policies, so be sure to read those policies and to adjust your settings to meet your privacy preferences. When you access the Site through social media networks and other third party platforms, you are authorizing us to collect, store, and use such information and content in accordance with this Privacy Policy. If we combine or associate information from other sources with personal information that we collect through the Site, we will treat the combined information as personal information in accordance with this Privacy 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.
Payment Information
We use a third party payment processor, Stripe, to process payments made to us. In connection with the processing of such payments, we do not retain any personally identifiable information or any financial information such as credit card numbers. Rather, all such information is provided directly to our third party processor, Stripe, whose use of your personal information is governed by their privacy policy, which may be viewed at https://stripe.com/nz/privacy.
Aggregated and/or De-Identified Information
We may aggregate or de-identify certain information that we collect from you. Aggregated and/or de-identified information is designed so that we cannot identify you personally.
Sweepstakes, Contests, and/or Promotions
We may offer sweepstakes, contests, surveys, and other promotions (each, a “Promotion”), jointly sponsored or offered by third parties, that may require submitting personal information. If you voluntarily choose to enter a Promotion, your personal information may be disclosed to third parties for administrative purposes and as required by law (e.g., on a winners list). By entering, you agree to the official rules that govern that Promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other parties to use your name, voice, and/or likeness in advertising or marketing materials.
In general, the information that you submit or share with us and that we collect is used in the following ways:
By accessing and using the Site, you consent to our use of your information about you in the manner described in this Privacy Policy. If you do not agree or do not consent to the use of your information in these ways, you should not use the Site.
We may store personal information about users on our Site in Australia, the United States, and/or other countries and territories. If you are visiting and/or accessing the Site from a region with laws governing personal data collection and use, please note that you are agreeing to the transfer of your personal information to the United States, Australia, and/or other jurisdictions in which we operate. By providing your personal information, you consent to any transfer and processing in accordance with this Privacy Policy.
In the course of our normal business activities, we do not share personally identifiable information about users of the Site with any independent third parties except in the limited circumstances described below. By accessing and using the Site, you consent to us sharing your information under the circumstances described in this Privacy Policy.
With Your Consent
We may share or disclose your information if you ask or authorize us to do so.
To Third Party Service Providers
We may provide your personally identifiable information to contractors, service providers, professional advisors, and/or other third parties we use to perform a variety of services and functions for us and which are bound by contractual obligations to keep personal information confidential and use it only on our behalf and pursuant to our instructions and applicable law.
Information Shared via Third Party Social Buttons, Widgets, and/or Other Embedded Content
Some portions of our Site carry embedded content controlled by third parties for services such as social sharing, commenting, and/or displaying video and 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.
To Comply with Legal Requirements and to Protect You, Us, and Others
Notwithstanding anything to the contrary in this Privacy Policy, we reserve the right to retain and disclose your information at our discretion if we believe in good faith that such retention and disclosure is necessary to: (a) comply with relevant laws and/or to respond to subpoenas, warrants, court orders, and/or similar process served on us; (b) protect and defend our rights or property, you, or third parties; or (c) ensure the safety and security of our Site, systems, and of our customers and third parties.
In Connection with a Business Transfer
In the event we go through a business transition such as a merger, acquisition by another company, bankruptcy, reorganization, or sale of all or a portion of our assets, your information may be sold or transferred as part of that transaction. You acknowledge that such transfers may occur and are permitted by this Privacy Policy and that the new entity may continue to process your information as set forth in this Privacy Policy.
If the Information has been Aggregated, De-Identified, or Otherwise Does Not Identify You Personally
We may share or disclose information that has been aggregated, de-identified, otherwise does not identify you, or information that you choose to make public. For example, we may develop information concerning the Site’s users, using de-identification processes to help ensure that such information cannot reasonably be re-associated or connected with you as an individual. This Privacy Policy does not limit our use or disclosure of de-identified information (i.e., information from which your name and any other personally identifying information has been removed) in any way, and we reserve the right to use and disclose such information to our partners and any other third parties at our discretion in accordance with applicable law. If you do not agree or do not consent to the disclosure of your information in this manner, you should not use the Site.
You may choose to opt out and/or block the use of cookies and other similar tracking technologies on your browser and/or Device. To find out more about our use of cookies and other similar tracking technologies, see our Cookies Policy.
You have a right at any time to stop us from contacting you, or from sharing your information with third parties, for marketing purposes. When you receive promotional communications from us or from third parties, you may indicate a preference to stop receiving further promotional communications and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the promotional e-mail you receive or by contacting us. Despite your indicated e-mail marketing preferences, we may still send you relationship and/or transactional e-mails regarding the Site, including, for example, administrative confirmations and notices of updates to our Terms of Use and this Privacy Policy.
If you access the Site through a mobile device and you do not want your Device to provide us with location-tracking information, do not agree to allow your Device to share this information with us or disable the location-tracking functions on your Device, provided your Device allows you to do this. Your Device manufacturer should provide instructions on how to disable location-tracking functions. If you initially consent to the collection of location information, you can subsequently stop our collection of location information at any time by changing the preferences on your Device or uninstalling the application from your Device by following your Device’s uninstall process.
You may access the personal information we maintain about you that is collected from the Site, correct inaccuracies in such personal information, and/or request that such personal information be deleted. You may also object to our processing of your personal information collected from the Site. Please note that you may not be able to benefit from all features and services of the Site if you request deletion of your personal information or object to or withdraw your consent to such processing. If you would like to verify the personal information we have received from you or to make corrections to it, please contact us. We may charge a reasonable fee for this service.
Furthermore, California residents may have additional rights. To learn more, see “YOUR CALIFORNIA LAW RIGHTS” below.
We will hold your personal information on our systems for as long as necessary to provide any and all features, content, or other services through the Site which are relevant to you, for so as long as reasonably required to satisfy the purpose for which you submitted the information, or as long as required by applicable law.
Links to third party websites may be made available through the Site. Clicking on such links will direct you to the website or application of a third party. We are not responsible for the privacy practices or the content of such websites. Any information you provide via those sites is subject to the privacy policies on those websites and is not covered by this Privacy Policy. We encourage you to read the privacy statements of each and every website you visit or application you use. This Privacy Policy applies solely to information collected by us through the Site and does not apply to third party websites or applications. The ability to access third party information from the Site and to link to other websites and locations from the Site is for your convenience and does not signify our endorsement of such third parties, their products, their services, their websites and locations, or the content they make available on the Site or on their websites and locations.
We are committed to protecting the security of your information. We use a variety of reasonable and appropriate security technologies and procedures to help protect your information from unauthorized access, use, and/or disclosure. These measures vary based on the sensitivity of the information that we collect. Even though we have taken significant steps to protect your information, no company, including us, can fully eliminate security risks associated with information. We cannot guarantee that our security measures will prevent every unauthorized attempt to access, use, or disclose your information.
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 18, and no part of our website is structured to attract anyone under 18. If you are under 18, do not use or provide any information on this Site or provide any information about yourself to us.
This section contains disclosures required by the California Consumer Privacy Act (“CCPA”), as well as applicable California law, and applies only to “personal information” that is subject to the CCPA and/or California law.
Personal Information We Collect:
In addition to the personally identifiable information described above, we have received within the last 12 months and may continue to receive in the future, the following categories and specific pieces of personal information either directly from you or indirectly from you through service providers.
We may also obtain or process certain types of data or information in addition to the above, which are not included in your personal information or which do not fall within the scope of the CCPA. These types of information or data may include deidentified or aggregated information about you or any information that is publicly available.
We process personal information only for the purposes described in this Privacy Policy.
Disclosures to Third Parties:
We have in the past 12 months disclosed your personal information to our service providers that perform functions on our behalf. And we may in the future transfer disclose your personal information to third parties as described in this Privacy Policy (including, without limitation, in response to valid third party requests by public authorities and/or to meet national security or law enforcement requirements).
Your Rights Regarding Personal Information:
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, if any, for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. Furthermore, the CCPA gives California residents additional rights, including the right to know (e.g., the right to know the categories collected about you, categories of sources for the personal information we collect from you, our business purpose for collecting such personal information, the categories of third parties with whom we share personal information, and the specific pieces of personal information we collected about you) and the right to delete (e.g., the right to request we delete any personal information we have collected from you and retained, subject to certain exceptions). The CCPA also gives California residents the right to not be discriminated against by us for exercising your rights under the CCPA. This means that we cannot deny you our services, charge you different prices or rates, or provide different levels of service except to the extent permitted by the CCPA.
If you are a California resident and wish to obtain information about our compliance with the CCPA or if you wish to exercise your rights under the CCPA, please contact us. We will try to respond to verified requests within 45 days of our receipt of the verified request; however, if we need more time we will let you know in writing why we need more time and how much more time we may need (which may be an additional 45 days).
Note that only you, or someone legally authorized to act on your behalf, may exercise your rights under this Privacy Policy and the CCPA with respect to your personal information. As such, and as required under the CCPA or other applicable law, we may request specific information from you to confirm your identity or the authority of another party making the request. If any request for additional information includes additional personal information, we will only use such additional personal information to verify the identity of the requester or the authority to make the request. In limited circumstances, if the scope of your request is excessive, repetitive, or manifestly unfounded, then we may charge you a reasonable fee to the extent permitted under the CCPA. If we determine that your request warrants a fee, we will tell you in advance and why we made that decision.
This Privacy Policy and all disputes arising hereunder or relating hereto shall be governed by, and will be construed under, the laws of the state of New York, without regard to choice of law principles. Those who choose to access the Site from locations outside the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. We may limit the website’s availability, in whole or in part, concerning any person, geographic area or jurisdiction, at any time in its sole discretion.
If you have questions or concerns about our Privacy Policy, please contact us here or send us a letter at:
