HERE MEDIA INC.

PRIVACY POLICY

Last updated: November 21, 2023

PLEASE READ THIS PRIVACY POLICY CAREFULLY.

BY USING THE SERVICES (DEFINED BELOW), YOU ARE AGREEING TO THIS PRIVACY POLICY, INCLUDING THE COLLECTION, USE AND SHARING OF YOUR INFORMATION AND DATA. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY OR THE RELATED TERMS OF USE, PLEASE DO NOT USE ANY OF THE SERVICES.

This Privacy Policy describes the privacy practices of Here Media Inc. and its subsidiaries and affiliates ("Here Media," “we,” “us” or “our”), including the types of information we collect, how that information may be used, with whom it may be shared, and your choices about such collection, use and disclosure. Unless specifically noted otherwise, this Privacy Policy applies to all of Here Media’s websites, mobile sites, applications, downloads, interactive features and other services to which this Privacy Policy is linked (“Services”).

This Privacy Policy covers the following:

1. Types of Information We Collect About You
2. How We Collect Your Information
3. How We Use Your Information
4. How Your Information Is Shared
5. Your Choices and Controls 6. Request for Deletion of Personal Data
7. Privacy Policies of Linked Sites and Advertisers
8. Children’s Privacy
9. Data Security
10. International Transfer of Data
11. Notice to California Residents
12. Changes to This Privacy Policy
13. How to Contact Us

1. Types of Information We Collect About You

When you use the Services, we may collect two basic types of information: personally identifiable information (PII) and non-personally identifiable information (Non-PII). PII consists of any information that can be used to specifically identify you as an individual, whereas Non-PII consists of activity or aggregate information that does not reveal your identity. We collect the following categories of information:

  • Registration information you provide when you create an account, including your first name and surname, country of residence, gender, date of birth, email address, username and password.

  • Transaction information you provide when you request information or purchase a product or service from us, whether on our sites or through our applications, including your postal address, telephone number and payment information.

  • Information you provide in public forums on our sites and applications.

  • Information sent either one-to-one or within a limited group using our message, chat, post or similar functionality, where we are permitted by law to collect this information.

  • Information you provide to us when you use our sites and applications, our applications on third-party sites or platforms such as social networking sites, or link your profile on a third-party site or platform with your registration account.

  • Location information when you visit our sites or use our applications, including location information either provided by a mobile device interacting with one of our sites or applications, or associated with your IP address, where we are permitted by law to process this information or have your permission.

  • Usage, viewing and technical data when you visit our sites, use our applications on third-party sites or platforms or open emails we send, including your device identifier or IP address, browser type, language preference, operating system, referring/exit pages, and date and time of site visits or application use.

  • With your permission, we access information on your device, such as your phone book, calendar or messages, in order to provide certain products or services to you.

Linking Information. We may link your PII with your activities in the course of providing the Services to you (such as purchase history, what content you viewed, which web pages you visited, or things you click on or search).

Location Information. If you give us permission, we may collect, store and share your precise geographic location for certain Services. Many devices will indicate through an icon when location services are operating. If you allow these services, we may determine your location either through the GPS in your mobile devise or through an approximation of your location based on the IP address of your general location. We use this information to provide the requested location-based service, not to identify you. Examples of requested location-based services include:

  • Providing you content based upon your location.

  • Checking you in to a store or other location to let others know where you are.

  • Providing you local search results.

  • Providing you special local offers.

  • Enabling you to share your location with friends or other users of the Services.

2. How We Collect Your Information

Information You Provide. We collect information you provide to us when you request products, services or information from us, register with us, participate in public forums or other activities on our sites and applications, respond to customer surveys, or otherwise interact with us. Please keep in mind that when you provide information to us on a third-party site or platform (for example, via our applications), the information you provide may be separately collected by the third-party site or platform. The information we collect is covered by this Privacy Policy and the information the third-party site or platform collects is subject to the third-party site or platform's privacy practices. Privacy choices you have made on the third-party site or platform will not apply to our use of the information we have collected directly through our applications. You can always refuse to supply information, with the caveat that it may prevent you from using certain Services.

Information Collected Automatically. When you access the Services (including on third-party sites and platforms), we collect certain technical information in order to analyze the usage of our Services, provide a more personalized experience, and manage advertising. Types of technologies used to automatically collect information include:

  • Cookies. Cookies are pieces of information that is placed on the hard drive of your computer when you visit a website. Cookies may involve the transmission of information from us to you and from you directly to us, to another party on our behalf, or to another party in accordance with its privacy policy. We use cookies to help us identify and track visitors, their usage of our websites, and their website access preferences.

  • Flash cookies. Flash cookies are local shared objects used to store your preferences or display content based upon what you view on our Services in order to personalize your visit. Our advertisers and third-party service providers also may use Flash cookies to collect and store information.

  • Web beacons. Web beacons (also known as “clear gifs” and “pixel tags”) are small transparent graphic images that are often used in conjunction with cookies in order to further personalize our Services for our users and to collect a limited set of information about our visitors. We may also use web beacons in email communications in order to understand the behavior of our customers.

Information From Others. We also obtain information from business partners, contractors and other third parties to update or supplement the information you provided or we collected automatically. For example, we purchase marketing data about our customers from third parties and combine it with information we already have about you, to create more tailored advertising and products. We also collect and store personal information about other people that you provide to us, such as their name, address and email address. If you use our Services to send others (friends, relatives, colleagues, etc.) a product as a gift, we may store your personal information, and the personal information of each such recipient in order to process those requests or facilitate future activities.

3. How We Use Your Information

We may use information we collect about you to:

  • Provide you with products, services and information you requested (e.g., location-based services).

  • Administer your accounts and provide you with customer support.

  • Communicate with you about products, services or promotions from us or a third party that may be of interest to you.

  • Provide personalized content based upon your activities with our Services.

  • Send you notices about updates to the Services and changes to any of our policies or agreements.

  • Provide you with advertising based on your activity with our Services and with third party products and services. This advertising may appear with our Services or with third party products or services.

  • Send you push notifications when you are using our apps. If you do not want these notifications, you can manage your preference through your device or app settings depending on your device type.

  • Conduct research and analysis about your use of, or interest in, products, services or content from us or a third party.

  • Create and publicly display or share with others aggregate statistics about the behavior of users of our Services (e.g., by publishing a report on trends in the usage of our websites).

  • Administer contests and sweepstakes that you entered.

  • Improve our products and services and manage our business.

  • Detect, investigate and prevent activities that may violate our policies or be illegal.

4. How Your Information Is Shared

Personally Identifiable Information. We do not share your PII with others except as follows:

  • Service Providers. We may share your PII with third parties that provide products or perform services on our behalf, such as fulfilling orders; providing customer service and marketing assistance; performing business and sales analysis; member screenings; developing, hosting and supporting functionality for our websites and apps; and supporting contests, sweepstakes, surveys and other features offered through our Services. We may also share your name, contact information and credit card information with our authorized service providers who process credit card payments. While our service providers may have access to personal information needed to perform their functions, they are not permitted to share or use such information for any other purposes.

  • Business Partners. When you register or make purchases on our websites and apps, or click-through our advertisements offered on third party websites, we may share PII with the businesses with which we partner to offer you the applicable products, services or any advertisements. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.

  • Our Businesses. We may share PII, including your profile, your name and contact information, photos, interests, activities and transactions from the specific Services you use with all of Here Media’s companies.

  • Your Permission. When you allow us to share your PII with another company, e.g., electing to share your PII with carefully selected companies so that they can send you offers and promotions about their products and services, or directing us to share your PII with third-party sites or platforms, such as social networking sites. Please note that once your personal information is shared with another company, the information received by the other company becomes subject to that company’s privacy practices.

  • Legal and Other Situations. We disclose PII and any other information we have collected about you or that you have submitted to us (1) in response to subpoenas, court orders, or legal process, or to comply with applicable law or cooperate with law enforcement in any way, or to establish, protect, or exercise our legal rights or defend against legal claims or demands, or to enforce our website terms and conditions or other agreements or policies; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud or other wrongdoing, or to protect and defend the rights, property or safety of our company, our users, our employees, or others; (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of our systems and infrastructure or the Internet in general, such as voluminous spamming, denial of service attacks, or attempts to compromise the security of our Services or related infrastructure; or (4) if Here Media is involved in a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation or asset sale, in which case we will require any new person or entity to assume our obligations under this Privacy Policy.

Non-Personally Identifiable Information. We may share Non-PII under any of the above circumstances. We may also share it with all any of our companies or third parties to develop and deliver targeted advertising with our Services including on our and third party websites and apps, and to analyze and report on advertising you see. We may combine Non-PII with additional non-personal information collected from other sources. We also may share aggregated, Non-PII, or PII in hashed, non-human readable form, with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis or other business purposes.

Profile and Other Information You Share. For certain Services your member profile information will be public and other users of the Services can see your profile information. Do not include information in your profile that you want to keep private. You may also choose to share information with others via email, direct message, instant message, message boards and social media posts and “likes.” We cannot control the actions of others with whom you choose to share your information and cannot guarantee that the content you share will not be viewed by others within or outside our Services. Any information shared publicly may be indexed by internet search engines such as Google.

5. Your Choices and Controls

You may exercise certain choices and controls regarding the collection, use and sharing of your information. Please know, however, that if you choose not to provide us with certain personal information, you may be unable to use some of our Services because such information may be required in order for you to register as a member, purchase products or services, participate in a contest, promotion, survey or sweepstakes, ask a question, or initiate other transactions on our websites or apps. Your controls and choices may include:

  • Your Registered Account. If you have a member or other registered account with us, you can review and update your personal information or change your choices for subscriptions, newsletters, or alerts and notifications by logging into your account and clicking on your account settings. You also may close your account at any time by visiting the account settings page for your account or writing to us at the address listed below. If you choose to close your account, you will not be able to sign in to some of the Services or access any of your personal information. Following changes to your account, or if your account is closed, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our Services or our users, or take other actions otherwise permitted by law.

  • Promotional Communications. When you register an account with us, you may consent to receiving email or other messages from us or permit us to share your PII with third parties. You may modify this consent later by visiting the account settings page associated with your account or by writing to us at the address below. In any commercial email that you receive from us, you will be given the opportunity to opt out of receiving such messages in the future. Following our receipt of your request to cease using your PII for marketing purposes, we will require a reasonable period of time to update our systems to fully implement your request. We may send you other types of transactional and relationship communications, however, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them.

  • Cookies. You can control information collected by cookies. You can set your web browser to warn you about attempts to place cookies on your computer, limit the type of cookies you allow, or delete cookies from your computer. Flash cookies operate differently than browser cookies and cookie management tools available in a web browser may not remove flash cookies. To learn more about and manage flash cookies you can visit Adobe.com. If you delete or turn cookies off, you may not have access to some of our Services or related features and some Services may not function properly. This Privacy Policy covers the use of cookies by Here Media only and does not cover the use of cookies by any advertisers. Some third-party advertising companies and networks may be members of the Network Advertising Initiative or the Digital Advertising Alliance, both of which offer information about behavioral advertising practice and the ability to opt out of ad targeting from their member companies.

Please note that changes to your personal information, deleting your account, or opting out of receipt of promotional communications will only affect future activities or communications from us. If information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies and you may have to change your preferences directly with that third party.

6. Request for Deletion of Personal Data

We recognize and respect your right to privacy and the control over your personal data. Our Privacy Policy includes clear instructions for users who wish to request the deletion of their Personal Data. Please note that you will need to cancel your subscription before submitting a delta request."

  • How to Request Data Deletion. Users wishing to delete their Personal Data may do so by contacting us directly. This can be achieved by sending an email to appsupport@heremedia.com. When contacting us, please specify your request for data deletion and provide your user name to identify your account.

  • Commitment to Deleting Personal Data. Upon receiving a request for data deletion, we are committed to promptly deleting all Personal Data associated with the user's account. This includes data that we have collected and stored up until the point of the request. We will confirm the completion of data deletion to the user through their provided contact information.

  • Withdrawal of Consent. Users have the right to withdraw their consent for Personal Data processing at any time. To withdraw consent, you must first cancel your subscription, and we will then cease all data collection activities related to the user's account and initiate the process of deleting all previously collected Personal Data.

  • Response Time. We are dedicated to responding to all data deletion requests in a timely manner, in accordance with the legal requirements and standards of our operating jurisdictions.

We ensure that the deletion of Personal Data is comprehensive, respecting the privacy and rights of our users. If you have any questions or need further information regarding the process of data deletion, please do not hesitate to contact us at appsupport@heremedia.com.

7. Privacy Policies of Linked Sites and Advertisers

Our Services may include links to access other products or services that do not operate under this Privacy Policy. For example, if you click on an advertisement on one of our websites, you may be taken to a website that we do not control. These third-party products and services may independently solicit and collect information, including personal information, from you and, in some instances, provide us with information about your activities in connection with their products and services. We recommend that you consult the privacy statements of all third party products and services.

8. Children’s Privacy

Children under the age of 13 should not use our Services at any time. Here Media does not knowingly contact or collect personal information from children under 13. If you believe we have inadvertently collected such information, please contact us so we can promptly remove the information.

Certain Services are restricted to individuals age 18 and above. Please review our Terms of Use for additional information about user eligibility.

9. Data Security

We take commercially reasonable steps to protect your PII against unauthorized access or disclosure. However, no method of transmission over the Internet or method of electronic storage is 100% secure, and we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Therefore, any transmission of personal information to us is made at your own risk.

10. International Transfer of Data

Here Media is based in the United States and may from time to time transfer your personal information to other countries and make it accessible to any of our affiliates and third party service providers internationally. If you are located outside of the United States, please be aware that information we collect, including personal information, may be transferred to, and processed, stored and used in the United States. Under United States law, your personal information may be subject to access requests from governments, courts or law enforcement in the United States.

By using our Services and providing your personal information to us, you understand and agree that your personal information may be sent to other countries including those which do not provide an equivalent level of information protection as the European Economic Area (EEA).

11. Notice to California Residents

Under California Civil Code section 1798.83, a California resident has the right to request and obtain either (1) information about certain companies' disclosures of personal information to third parties for direct marketing purposes, or (2) access to a cost-free means of preventing such disclosures. You may request that Here Media not disclose your personal information to third parties, either at the time you register an account with us or by writing to us at: 9663 Santa Monica Blvd., Suite 1409, Beverly Hills, CA 90210.

12. Changes to This Privacy Policy

This Privacy Policy may change from time to time to accommodate new technologies, industry practices, regulatory requirements or for other purposes. We encourage you to periodically review this page for the latest information on our privacy practices. If we make any material changes to our policies, we will place a prominent notice on the applicable Services. If the change materially affects registered users, we will require you to indicate your acceptance of the changes by way of “click and accept” or similar affirmative action. If you do not agree to the changes made to our privacy practices, you should discontinue your use of the Services. All changes will become effective immediately or upon your confirmed acceptance, as applicable. Changes will not apply retroactively.

13. How to Contact Us

If you have any questions, comments or concerns about this Privacy Policy, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by mail at the following address: Here Media Inc., Attn: Business & Legal Affairs, 9663 Santa Monica Blvd., Suite 1409, Beverly Hills, CA 90210.