Last Updated: March 29, 2019
Apple®, Apple TV®, iTunes®, iPhone®, iPad® and iPod Touch® are registered trademarks of Apple, Inc. ("Apple"). Facebook® and Instagram® are registered trademarks of Facebook, Inc. ("Facebook"). Android®, Google®, Google Play® and YouTube® are registered trademarks of Google, Inc. ("Google"). Twitter® is a registered trademark of Twitter, Inc. ("Twitter"). Please be advised that the WatchMode™ is not in any way affiliated with Apple, Facebook or Twitter, and the WatchMode™ Offerings are not endorsed, administered or sponsored by any of the foregoing entities.
Your California Privacy Rights
If you are a resident of the State of California and would like to learn how your "personal information" (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third-parties, what categories of personal information that we have shared with third-parties in the preceding year, as well as the names and addresses of those third-parties, please call us at: (800) 887-1161; e-mail us here; or send us U.S. mail to: 3435 Ocean Park Blvd #107D, Santa Monica, CA 90405.
Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third-party for marketing purposes, please call us at: (800) 887-1161; e-mail us here; or send us U.S. mail to: 3435 Ocean Park Blvd #107D, Santa Monica, CA 90405.
Privacy Rights of Minors
The WatchMode™ Offerings are not available to anyone under thirteen (13) years of age.
The WatchMode™ Offerings are not available to anyone under the age of eighteen (18) (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions) whose registration has not been approved by a parent or legal guardian.
WatchMode™ encourages Parents to participate in and monitor the interactive activities of their Minors on the Site and/or the App. WatchMode™ will never knowingly share personal information about Minors (“Minor Personal Information”) with business partners or other third parties for any purpose other than providing the WatchMode™ Offerings to those Minors.
If you are a parent or guardian of a Minor or Child and discover that your Minor or Child, as applicable, has obtained a WatchMode™ Account without your permission, or you otherwise would like WatchMode™ to delete the personal information of your Minor or Child, then please contact WatchMode™ via e-mail us here; call us at: (800) 887-1161; or send us U.S. mail to: 3435 Ocean Park Blvd #107D, Santa Monica, CA 90405.
Personal Information Collected
In order to open an Account and utilize certain of the WatchMode™ Offerings (including the App), each prospective User will be required to register via the Site, the App, that User’s Facebook® account or that User’s Google® account.
Where a prospective User opens an Account via the Site and/or App, she/he will be required to fully complete the applicable registration Form. Where a User opens an Account via the Site and/or App, WatchMode™ may collect some or all of the following: (a) full name; (b) e-mail address; and (c) any other information requested on the Form.
Where a User opens an Account using her/his Facebook® account, WatchMode™ may collect some or all of the following (depending on the User’s Facebook® account settings and the discretion of Facebook®): (i) the User’s e-mail address; (ii) the User’s full name; (iii) the User’s date of birth; (iv) the User’s profile picture; (v) the User’s gender; and (vi) any other information collected via the Facebook® account interface, depending on the User’s Facebook® account settings (collectively, "Facebook® Registration Data").
Where a User opens an Account using her/his Google® account, WatchMode™ may collect some or all of the following (depending on the User’s Google® account settings and the discretion of Google®): (A) the User’s e-mail address; (B) the User’s full name; (C) the User’s profile picture; and (D) any other information collected via the Google® account interface, depending on the User’s Google® account settings.
When a User creates a Watchmode account using a 3rd party like Google® or Facebook®, her/his information will be stored in Watchmode's database, even if he/she deletes it from Google® or Facebook®, or deletes his/her Google® or Facebook® account. This information can always be deleted from Watchmode by a User simply by clicking the "My Account" option from the navigation menu, clicking "Delete my account" and following the steps to permanently delete user information.
In addition, where a User creates a Profile Page, that User may opt to provide some or all of the following (which may be viewable by other Users): (I) user name; (II) profile picture; (III) gender; (IV) date of birth; and (V) any other information that can be uploaded to the applicable Profile Page.
Use of Personal Information
By submitting your personal information by and through the WatchMode™ Offerings, you agree that we may share, sell, rent, lease or otherwise provide that personal information (other than Minor Personal Information) to any third-party for any purpose permitted by law, and we may work with other businesses to bring selected retail opportunities to our users. These businesses and third-parties may include, but are not limited to: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) e-mail marketers; (c) telemarketers (where permitted by applicable law); and (d) direct marketers. We may also use your personal information (other than Minor Personal Information) to send you promotional messages regarding various WatchMode™ products and/or services, as well as third-party products and/or services that we think may be of interest to you. If you wish to stop receiving future communications from us, please follow the instructions at the end of each such marketing message or see the "Opt-Out/Unsubscribe" section below.
Where you submit personal information, we use your name, email address, telephone number and/or other personal information that you make available to us to respond to any inquiries made by you and to facilitate the delivery of the applicable WatchMode™ Offerings to you.
You also agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the WatchMode™ Offerings.
We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from User lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our Users’ personal information as needed to perform these functions for us, but we do not permit them to use User personal information for other purposes.
We will also use your personal information for customer service, to provide you with information that you may request, to customize your experience with the WatchMode™ Offerings and/or to contact you when necessary in connection with your use of the WatchMode™ Offerings. We may also use your personal information for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the WatchMode™ Offerings. We may also combine the information we have gathered about you with information from other sources.
By submitting your personal information by and through the WatchMode™ Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the "Rule") and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.
We reserve the right to release current or past personal information: (i) in the event that we believe that the WatchMode™ Offerings are being or have been used in violation of the Terms or to commit unlawful acts; (ii) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; or (iii) if we are sold, merge with a third party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if WatchMode™ is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site and in the App of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.
You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with third-parties for suppression purposes in compliance with applicable law, including the CAN-SPAM Act of 2003, as amended from time-to-time. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, may have the authority under certain circumstances to permit personal information to be shared or transferred to third-parties without permission.
Non-personal information Collection and Use
IP Addresses/Browser Type
We may collect certain non-personally identifiable information about you and your desktop computer and/or mobile device when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the WatchMode™ Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the WatchMode™ Offerings.
Mobile Device Information
We may collect certain non-personally identifiable information about you and your Mobile Device when you access the App and/or visit certain App pages. This non-personally identifiable information includes, without limitation, the following information pertaining to your Mobile Device and your use of the App: (a) Mobile Device platform type; (b) Mobile Device identifier; (c) SDK version; (d) API key (identifier for the App); (e) App version; (f) iOS Identifier for Advertising (if applicable); (g) iOS Identifier for Vendors (if applicable); (h) Media Access Control (MAC) address; (i) International Mobile Equipment Identity (IMEI); (j) the model type, manufacture and iOS version or Android version of the Mobile Device; (k) your App session start/stop time and date; (l) session ID; and (m) the actions taken while utilizing the App. We use the non-personally identifiable information identified in this paragraph to improve the design and content of the WatchMode™ Offerings and to enable us to personalize your App experience. We also may use this information in the aggregate to analyze WatchMode™ Offerings usage, alter existing WatchMode™ Offerings and/or develop new or different WatchMode™ Offerings.
In general, Users may be able to disable some, or all, of this tracking activity by utilizing the "Do Not Track" setting or similar options within most major Internet browsers. In addition, Users may be able to opt-out of this form of tracking utilizing the options made available by the Network Advertising Initiative or Digital Advertising Alliance.
Further, Users can opt-out of certain Google®-related tracking technology, and customize the Google® Display Network ads that they receive, by visiting the Google® Ads Settings at: http://www.google.com/settings/ads. Google® also recommends installing the Google® Analytics Opt-out Browser Add-on for your web browser, which is available here: https://tools.google.com/dlpage/gaoptout. To the greatest extent permissible under applicable law, we are not responsible for the tracking practices of third-parties in connection with the Site.
Please be advised that, with your permission, WatchMode™ uses geolocation tracking technology in order to enable certain features of the App, such as providing you with WatchMode™ Offerings specially tailored to your geographical region. In connection with the foregoing, your geolocation information will not be shared with third parties for marketing purposes. Other than as set forth in this paragraph, WatchMode™ does not track your geolocation, or share or use your geolocation information, for any purpose..
Cross Device Tracking
WatchMode™ may track Users’ use of the WatchMode™ Offerings across various devices, including Users’ personal computers and Mobile Devices, in order to optimize and personalize use of the WatchMode™ Offerings. WatchMode™ may collect certain User personal information across various devices.
WatchMode™ reserves the right to transfer and/or sell aggregate or group data about Users of the WatchMode™ Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage and other characteristics of WatchMode™ Offerings Users as a group, without disclosing personally identifiable information.
If you choose to include additional information and/or User Content on your Profile Page, you should be aware that the personal information/User Content that you include on your Profile Page can be read, collected and/or used by other Users of the WatchMode™ Offerings, and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire. We are not responsible for the personal information that you choose to include on, or link to, via your Profile Page.
Interactive Services/Social Media Pages
If you engage in any interaction with WatchMode™, other Users or any third party on any Social Media Pages or via the Interactive Services, you should be aware that: (a) the personal information that you submit by and through such Social Media Pages and/or Interactive Services, as applicable, can be read, collected and/or used by other users of these mobile applications/websites/services (depending on your privacy settings associated with your accounts with the applicable Social Media Websites or Mobile Applications), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where WatchMode™ responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all members/users of WatchMode’s™ social media accounts.
We are not responsible for the personal information that you choose to submit on, or link to, any Social Media Pages or via the Interactive Services. The Social Media Pages operate independently from WatchMode™, and we are not responsible for such Social Media Pages’ interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of the Social Media Pages with which you interact to help you understand those Social Media Pages’ privacy practices. If you have questions about the security and privacy settings of any Social Media Pages that you use, please refer to their applicable privacy notices or policies.
Social Media Features and Widgets
The Facebook® Social Media Website and associated social plug-ins are operated by Facebook Inc., 1601 South California Ave, Palo Alto, CA 94304, USA and are available at www.facebook.com. The Facebook® plug-in(s) used on the Site and in the App can be identified by one of Facebook’s® logos. The list of Facebook® social plug-ins and their appearances and functions can be found at: developers.facebook.com/docs/plug-ins. We have no control over the data that Facebook® collects via its social plug-ins. Please note, where you use a Facebook® social plug-in on the Site and/or in the App, this allows Facebook® to learn that you have visited the underling Site/App page, even if you are not a registered Facebook® user or if you are not logged in to your Facebook® account, if any, at that time. Your browser will transfer this information, as well as your IP address, to Facebook’s® server in the USA where such information is stored. If you are logged in to Facebook®, Facebook® can associate your visit to the Site/App session, as applicable, to your Facebook® account. To find out more about the reasons why and the extent to which Facebook® collects data, how the data is further processed and used, your rights associated with same, and the settings options that you can select to protect your privacy, please read Facebook’s® Data Protection Policy, which can be found at: www.facebook.com/about/privacy. It may also be possible to block Facebook® social plug-ins by using add-ons for your browser, e.g. with the Facebook® blocker.
Third-Party Websites and Mobile Applications
The Site and App may contain links to third-party owned and/or operated websites and mobile applications including, without limitation, the Social Media Pages. WatchMode™ is not responsible for the privacy practices or the content of such websites or mobile applications. In some cases, you may be able to make a purchase through one of these third-party websites or mobile applications. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website or mobile application. These third-party websites and mobile applications have separate privacy and data collection practices and WatchMode™ has no responsibility or liability relating to them.
We endeavor to safeguard and protect our Users’ personal information. When Users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where we ask Users to enter sensitive data (such as credit card information), if ever, and when we store and transmit such Sensitive Data, that personal information is encrypted with advanced TLS (Transport Layer Security).
Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All of our Users’ personal information is restricted in our offices, as well as in the offices of our third party service providers. Only employees or third party agents who need User personal information to perform a specific job function are granted access to User personal information. Our employees are dedicated to ensuring the security and privacy of all User personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store User personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.
Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocol or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of a network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site, App, other WatchMode™ Offerings or otherwise via the Internet or wireless networks, is done at your own risk.
In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Visitors under eighteen (18) years of age are not permitted to use and/or submit their personal information by or through the Site and/or App. WatchMode™ does not knowingly solicit or collect information from visitors under eighteen (18) years of age. WatchMode™ encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
To opt-out of receiving e-mail and other forms of communications from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication; or (b) e-mail us here.
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for WatchMode™ Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving WatchMode™ Offerings-related and/or inquiry response-related messages from WatchMode™, you must cease requesting and/or utilizing the WatchMode™ Offerings and/or cease submitting inquiries to WatchMode™, as applicable.
Deleting, Modifying and Updating Your Information
At your request, we will: (a) inform you of what personal information we have on file for you (or in the case of a Parent, the applicable Minor Personal Information we have on file); (b) amend the personal information that we have on file for you (or in the case of a Parent, the applicable Minor Personal Information we have on file); and/or (c) remove personal information that you have provided to us, or that we have collected, from our servers/databases (or in the case of a Parent, the applicable Minor Personal Information we have on file). You may do so by utilizing the options made available in your Account interface and/or by e-mailing us here. We ask individual Users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Please be advised that deleting your personal information may terminate your access to certain of the WatchMode™ Offerings. If you wish to continue using the full complement of WatchMode™ Offerings, you may not be able to delete all of the personal information that we have on file for you.
Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
Transfer of personal information Internationally
Filing a Complaint with the Federal Trade Commission
To file a complaint regarding our privacy practices, please Click Here.