Privacy Statement
This Privacy Statement explains our practices, including your choices, regarding the collection,
use, and disclosure of certain information, including your personal information,
by the Moviday ("Moviday") in connection with the Moviday service.
Contacting Us
If you have general questions about your account or how to contact customer service for assistance,
please visit our online help center at info@marvelmedia.com. For questions
specifically about this Privacy
Statement,
or our use of your personal information, cookies or similar technologies, please contact our Data Protection
Officer/Privacy Office by email at info@marvelmedia.com.
The data controller of your personal information is Moviday . Please note that if you contact us to assist
you,
for your safety and ours we may need to authenticate your identity before fulfilling your request.
Collection of Information
We receive and store information about you such as:
-
Information you provide to us: We collect information you provide
to us which includes:
-
Your name, email address, address or postal code, payment method(s), and telephone number. In
certain countries,
we collect a government identification number for purposes such as billing and tax compliance.
We collect this information in a number of ways, including when you enter it while using our
service,
interact with our customer service, or participate in surveys or marketing promotions;
-
Information when you choose to provide ratings, taste preferences,
account settings (including preferences set in the "Account" section of our website),
or otherwise provide information to us through our service or elsewhere.
-
Information we collect automatically: We collect information
about you and your use of our service,
your interactions with us and our advertising, as well as information regarding your network, network
devices,
and your computer or other Moviday capable devices you might use to access our service (such as gaming
systems, smart TVs,
mobile devices, set top boxes, and other streaming media devices). This information includes:
-
Your activity on the Moviday service, such as title selections, shows you have watched, and
search queries;
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Your interactions with our emails and texts, and with our messages through push and online
messaging channels;
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Details of your interactions with our 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;
-
Device IDs or other unique identifiers, including for your network devices, and devices that are
Moviday capable on your Wi-Fi network;
-
Resettable device identifiers (also known as advertising identifiers), such as those on mobile
devices, tablets,
and streaming media devices that include such identifiers (see the "Cookies and Internet
Advertising" section below for more information);
-
Device and software characteristics (such as type and configuration), connection information
including type (wifi, cellular),
statistics on page views, referring source (for example, referral URLs), IP address (which may
tell us your general location), browser and standard web server log information;
-
Information collected via the use of cookies, web beacons and other technologies, including ad
data (such as information on the availability and delivery of ads,
the site URL, as well as the date and time). (See our "Cookies and Internet Advertising" section
for more details.)
- Information from partners: We collect information from other
companies with whom you have a relationship
(“Partners”). These Partners might include (depending on what services you use):
your TV or internet service provider, or other streaming media device providers who make our service
available on their device;
mobile phone carriers or other companies who provide services to you and collect payment for the Moviday
service for distribution to us or provide pre-paid promotions for the Moviday service;
and voice assistant platform providers who enable interaction with our service through voice commands.
The information Partners provide us varies depending on the nature of the Partner services,
and may include:
- Search queries and commands applicable to Moviday that you make through Partner devices or voice
assistant platforms;
- Service activation information such as your email address or other contact information;
- IP addresses, device IDs or other unique identifiers, as well as associated pre-paid promotion,
billing and user interface information, that support user authentication, the Moviday service
registration experience, Partner payment processing, and the presentation of Moviday content to
you through portions of the Partner user interface.
- Information from other sources: We also obtain information from
other sources. We protect this
information according to the practices described in this Privacy Statement, plus any additional
restrictions imposed by the source of the data. These sources vary over time, but could include:
- Service providers that help us determine a location based on your IP address in order to
customize our service and for other uses consistent with this Privacy Statement;
- Security service providers who provide us with information to secure our systems, prevent fraud
and help us protect the security of Moviday accounts;
- Payment service providers who provide us with payment or balance information, or updates to that
information, based on their relationship with you;
- Online and offline data providers, from which we obtain aggregated demographic, interest based
and online advertising related data;
- Publicly-available sources such as publicly available posts on social media platforms and
information available through public databases associating IP addresses with internet service
providers (ISPs).
Use of Information
We use information to provide, analyze, administer, enhance and personalize our services and marketing efforts,
to manage member referrals, to process your registration, your orders and your payments, and to communicate with
you on these and other topics. For example, we use such information to:
- determine your general geographic location, provide localized content, provide you with customized and
personalized viewing recommendations for movies and TV shows we think will be of interest to you,
determine your ISP to support network troubleshooting for you (we also use aggregated ISP information
for operational and business purposes), and help us quickly and efficiently respond to inquiries and
requests;
- coordinate with Partners on making the Moviday service available to members and providing information
to non members about the availability of the Moviday service, based on the specific relationship you
have with the Partner;
- secure our systems, prevent fraud and help us protect the security of Moviday accounts;
- prevent, detect and investigate potentially prohibited or illegal activities, including fraud, and to
enforce our terms (such as determining whether and for which Moviday signup offers you are eligible and
determining whether a particular device is permitted to use the account consistent with our Terms of
Use);
- analyze and understand our audience, improve our service (including our user interface experiences and
service performance) and optimize content selection, recommendation algorithms and delivery;
- communicate with you concerning our service so that we can send you news about Moviday, details about
new features and content available on Moviday, special offers, promotional announcements, consumer
surveys, and to assist you with operational requests such as password reset requests. These
communications may be by various methods, such as email, push notifications, text message, online
messaging channels, and matched identifier communications (described below). Please see the "Your
Choices" section of this Privacy Statement to learn how to set or change your communications
preferences.
Disclosure of Information
We disclose your information for certain purposes and to third parties, as described below:
- The Moviday family of companies: We share your information among
the Moviday family of companies
(info@marvelmedia.com) as
needed for: data processing and storage; providing you with access to our
services; providing customer support; making decisions about service improvements; content development;
and for other purposes described in the Use of Information section of this Privacy Statement.
- Service Providers: We use other companies, agents or contractors
("Service Providers") to perform
services on our behalf or to assist us with the provision of services to you. For example, we engage
Service Providers to provide marketing, advertising, communications, security, infrastructure and IT
services, to customize, personalize and optimize our service, to provide bank account or balance
information, to process credit card transactions or other payment methods, to provide customer service,
to analyze and enhance data (including data about users' interactions with our service), and to process
and administer consumer surveys. In the course of providing such services, these Service Providers may
have access to your personal or other information. We do not authorize them to use or disclose your
personal information except in connection with providing their services (which includes maintaining and
improving their services)
- Partners: As described above, you may have a relationship with
one or more of our Partners, in which
case we may share certain information with them in order to coordinate with them on providing the
Moviday service to members and providing information about the availability of the Moviday service. For
example, depending on what Partner services you use, we may share information:
- in order to facilitate Partner pre-paid promotions or collection of payment for the Moviday
service for distribution to us;
- with Partners who operate voice assistant platforms that allow you to interact with our service
using voice commands;
- so that content and features available in the Moviday service can be suggested to you in the
Partner’s user interface. For members, these suggestions are part of the Moviday service and may
include customized and personalized viewing recommendations.
- Promotional offers: We may offer joint promotions or programs
that, in order for your participation,
will require us to share your information with third parties. In fulfilling these types of promotions,
we may share your name and other information in connection with fulfilling the incentive. Please note
that these third parties are responsible for their own privacy practices.
- Protection of Moviday and others: Moviday and its Service
Providers may disclose and otherwise use your
personal and other information where we or they reasonably believe such disclosure is needed to (a)
satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce applicable
terms of use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise
address illegal or suspected illegal activities (including payment fraud), security or technical issues,
or (d) protect against harm to the rights, property or safety of Moviday, its users or the public, as
required or permitted by law.
- Business transfers: In connection with any reorganization,
restructuring, merger or sale, or other
transfer of assets, we will transfer information, including personal information, provided that the
receiving party agrees to respect your personal information in a manner that is consistent with our
Privacy Statement.
Whenever in the course of sharing information we transfer personal information to countries outside of
the European Economic Area and other regions with comprehensive data protection laws, we will ensure
that the information is transferred in accordance with this Privacy Statement and as permitted by the
applicable laws on data protection.
You may also choose to disclose your information in the following ways:
certain portions of our service may contain a tool which gives you the option to share information by
email, text message and social or other sharing applications, using the clients and applications on your
smart device;
social plugins and similar technologies allow you to share information.
Social plugins and social applications are operated by the social networks themselves, and are subject
to their terms of use and privacy policies.
Access to Account and Profiles
- “Remember me” function: For ease of access to your account, you
can use the "Remember me on this
device" function when you log in to the website. This function uses technology that enables us to
provide direct account access and to help administer the Moviday service without requiring reentry of
any password or other user identification when your browser revisits the service.
- Giving others access to your account: If you share or otherwise
allow others to have access to your
account, they will be able to see shows you have watched, ratings, and account information (including
your email address or other information in the "Account" area of our website). This remains true even if
you use our profiles feature. You might have the option to use seamless account login through the
Moviday mobile app, which enables login to the Moviday app on smart TVs, set top boxes, and other
streaming media devices on the Wi-Fi network to which you are connected. If you use that feature, those
devices will remain signed into your account unless you later log out of those devices.
- Profiles: Profiles allow users to have a distinct, personalized
Moviday experience, built around the
movies and shows of interest to them, as well as separate watch histories. Please note that profiles are
available to everyone who uses your Moviday account, so that anyone with access to your Moviday account
can navigate to and use, edit or delete profiles. You should explain this to others with access to your
account, and if you do not wish them to use or change your profile, be sure to let them know. Profile
users may be offered the opportunity to add an email address, phone number or other information to the
profile and will be provided with notice of collection and use at the time such information is requested
(the Profile Privacy Notice applies (info@marvelmedia.com)).
- Removing device access to your Moviday account: To remove access
to your Moviday account from your
devices: (a) visit the "Account" section of our website, choose "Sign out of all devices," and follow
the instructions to deactivate your devices (note, deactivation may not occur immediately) or (b) delete
your Moviday settings from your device (steps vary by device and the option is not available on all
devices). Where possible, users of public or shared devices should log out at the completion of each
visit. If you sell or return a computer or Moviday ready device, you should log out and deactivate the
device before doing so. If you do not maintain the security of your password or device, or fail to log
out or deactivate your device, subsequent users may be able to access your account, including your
personal information.
Your Choices
Email and Text Messages. If you no longer want to receive certain
communications from us via email or text
message, simply access the "Communications Settings" option in the "Account" section of our website and
uncheck
those items to unsubscribe. Alternatively, click the "unsubscribe" link in the email or reply STOP (or as
otherwise instructed) to the text message. Please note that you cannot unsubscribe from service-related
correspondence from us, such as messages relating to your account transactions.
Push Notifications. You can choose to receive mobile push
notifications from Moviday. On some device operating
systems, you will be automatically enrolled in the notifications. If you subsequently decide you no longer
wish
to receive these notifications, you can use your mobile device's settings functionality to turn them off. We
also offer push notifications on certain web browsers. If you agree to receive those notifications and
subsequently decide you no longer wish to receive these notifications, you can use your browser’s settings
to turn them off.
WhatsApp. If you have enabled WhatsApp messages in connection with
your Moviday account or profile and no longer
wish to receive them, you can use your WhatsApp app settings to block them.
Interest-Based Ads. Interest-based ads are online ads that are
tailored to your likely interests based on your
use of various apps and websites across the Internet. If you are using a browser, then cookies and web
beacons
can be used to collect information to help determine your likely interests. If you are using a mobile
device,
tablet, or streaming media device that includes a resettable device identifier, then that identifier can be
used
to help determine your likely interests. For your choices about interest-based ads from Moviday, please see
the
"Cookies and Internet Advertising" section (below).
Matched Identifier Communications. Some third party sites and apps
allow us to reach our users with online
promotions about our titles and services by sending a privacy protective identifier to the third party. A
privacy protective identifier means we convert the original information (such as an email address or phone
number) into a value to keep the original information from being revealed. The third party compares the
privacy
protective identifier to identifiers in its database and there will be a match only if you have used the
same
identifier (such as an email address) with Moviday and the third party. If there is a match, Moviday can
then
choose whether or not to send a given promotional communication to you on that third party site or app, and
can
optimize and better measure the effectiveness of online advertising. You can opt out in the “Marketing
Communications” section of the “Account” section of our website.
Your Information and Rights
You can request access to your personal information, or correct or update out-of-date or inaccurate personal
information we hold about you. You may also request that we delete personal information that we hold about
you.
When you visit the "Account" portion of our website, you have the ability to access and update a broad range
of information about your account, including your contact information, your Moviday payment information, and
various related information about your account (such as the content you have viewed and rated). You must be
signed in to access the "Account" section.
If you are the account owner, to download a copy of your personal information go to: info@marvelmedia.com (you must
be signed in to access
the "Account" section), and follow the instructions.
For other requests, or if you have a question regarding our privacy practices, please contact our Data
Protection Officer/Privacy Office at info@marvelmedia.com.
For more information about how to access your information, including our verification process, please
reference this help article: info@marvelmedia.com.
For
information about deletion, removal and retention of information, please reference this help article: info@marvelmedia.com. We
respond to all requests we
receive from individuals wishing to exercise their data protection rights in accordance with applicable data
protection laws. Please also see the "Your Choices" section of this Privacy Statement for additional choices
regarding your information.
We may reject requests that are unreasonable or not required by law, including those that would be extremely
impractical, could require disproportionate technical effort, or could expose us to operational risks such
as free trial fraud. We may retain information as required or permitted by applicable laws and regulations,
including to honor your choices, for our billing or records purposes and to fulfill the purposes described
in this Privacy Statement. We take reasonable measures to destroy or de-identify personal information in a
secure manner when it is no longer required.
Security
We use reasonable administrative, logical, physical and managerial measures to safeguard your personal
information against loss, theft and unauthorized access, use and modification. These measures are designed
to provide a level of security appropriate to the risks of processing your personal information.
Other Websites, Platforms and Applications
The Moviday service may be provided through and/or utilize features (such as voice controls) operated by
third party platforms, or contain links to sites operated by third parties whose policies regarding the
handling of information may differ from ours. For example, you may be able to access the Moviday service
through platforms such as gaming systems, smart TVs, mobile devices, set top boxes and a number of other
Internet connected devices. These websites and platforms have separate and independent privacy or data
policies, privacy statements, notices and terms of use, which we recommend you read carefully. In addition,
you may encounter third party applications that interact with the Moviday service.
Children
You must be 18 years of age or older to subscribe to the Moviday service. In certain jurisdictions, the age
of majority may be older than 18, in which case, you must satisfy that age in order to become a member.
While individuals under the age of 18 may utilize the service, they may do so only with the involvement,
supervision, and approval of a parent or legal guardian.
Changes to This Privacy Statement
We will update this Privacy Statement from time to time in response to changing legal, regulatory or
operational requirements. We will provide notice of any such changes (including when they will take effect)
in accordance with law. Your continued use of the Moviday service after any such updates take effect will
constitute acknowledgement and (as applicable) acceptance of those changes. If you do not wish to
acknowledge or accept any updates to this Privacy Statement, you may cancel your use of the Moviday service.
To see when this Privacy Statement was last updated, please see the "Last Updated" section below.
Cookies and Internet Advertising
We and our Service Providers use cookies and other technologies (such as web beacons), as well as resettable
device identifiers, for various reasons. We want you to be informed about our use of these technologies, so
this section explains the types of technologies we use, what they do, and your choices regarding their
use.
Cookies and similar technologies, web beacons, and resettable device identifiers
Cookies are small data files that are commonly stored on your device when you browse and use websites and
online services. We use other technologies such as browser storage and plugins (e.g., HTML5, IndexedDB, and
WebSQL). Like cookies, these other technologies may store small amounts of data on your device. Web beacons
(also known as clear gifs or pixel tags) often work in conjunction with cookies. In many cases, declining
cookies will impair the effectiveness of web beacons associated with those cookies.
If you use the Moviday app on a mobile device, tablet, or streaming media device, we may collect a
resettable device identifier from your device. Resettable device identifiers (also known as advertising
identifiers) are similar to cookies and are found on many mobile devices and tablets (for example, the
"Identifier for Advertisers" (or IDFA) on Apple iOS devices and the "Google Advertising ID" on Android
devices), and certain streaming media devices. Like cookies, resettable device identifiers are used to make
online advertising more relevant and for analytics and optimization purposes.
Why does Moviday use these technologies?
We use these types of technologies for various reasons, like making it easy to access our services by
remembering you when you return; to provide, analyze, understand and enhance the use of our services; to
enforce our terms, prevent fraud; to improve site performance, monitor visitor traffic and actions on our
site; and to deliver and tailor our marketing or advertising, and to understand interactions with our
emails, marketing, and online ads on third party sites.
To help you better understand how we use cookies and resettable device identifiers, please see the
information below:
- Essential cookies: These cookies are strictly necessary to
provide our website or online service. For
example, we and our Service Providers may use these cookies to authenticate and identify our members
when they use our websites and applications so we can provide our service to them. They also help us to
enforce our Terms of Use, prevent fraud and maintain the security of our service.
-
Performance and functionality cookies: These cookies help us to
customize and enhance your online
experience with Moviday. For example, they help us to remember your preferences and prevent you from
needing to re-enter information you previously provided (for example, during member sign up). We also
use these cookies to collect information (such as popular pages, conversion rates, viewing patterns,
click-through and other information) about our visitors' use of the Moviday service so that we can
enhance and personalize our website and service and conduct market research. Deletion of these types of
cookies may result in limited functionality of our service.
-
Advertising cookies and resettable device identifiers: These
cookies and resettable device identifiers
use information about your use of this and other websites and apps, your response to ads and emails, and
to deliver ads that are more relevant to you and for analytics and optimization purposes. These types of
ads are called "interest-based advertising." The advertising cookies associated with our service belong
to our Service Providers.
In connection with our use of these technologies, some of the websites and apps where we advertise, as well
as advertising technology companies that we use to purchase, deliver, optimize, and/or measure our
advertisements (collectively “Advertising Partners”), may receive limited information from us as part of our
campaign targeting, measurement, and optimization (e.g., steps completed in sign-up and site visit or app
open/install information).
Common uses of this type of information are to judge the effectiveness of and optimize ad campaigns, by
allowing Advertising Partners to see when someone who saw an ad later signed up for our service. Another
common use is to make sure we do not serve ads trying to get individuals to sign up for the Moviday service
if they are already a Moviday user.
Moviday uses contractual and technical measures designed to prevent Advertising Partners from accessing
information regarding specific title selections you make, URLs you land on, or shows you have watched on our
service. We do not share information about title selections or your shows you have watched on our
service.
How can I exercise choice regarding these technologies?
To exercise choice regarding cookies
For more information about cookies set through our website, as well as other types of online tracking
(including the collection of information by third parties about your online activities over time and across
third-party web sites or online services for online interest based advertising), and to exercise choices
regarding them, click here. At this time, we do not respond to web browser "do not track" signals.
To exercise choice regarding resettable device identifiers
To opt out of interest-based ads from Moviday in connection with a resettable device 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). You may still see Moviday ads on your device, but
they will not be tailored to your likely interests.
To exercise choice using self-regulatory program resources
Moviday supports the following self-regulatory programs, which provide additional privacy choices for
interest-based advertising:
- In the US: Digital Advertising Alliance (DAA)
- In Europe: European Interactive Digital Advertising Alliance (EDAA)
- In Canada: AdChoices: Digital Advertising Alliance of Canada (DAAC) / Choix de Pub: l'Alliance de la
publicité numérique du Canada (DAAC)
To exercise choice regarding other technologies
There are a number of ways to exercise choice regarding technologies that are similar to cookies, such as
browser storage and plugins (e.g., HTML5, IndexedDB, and WebSQL). For example, many popular browsers provide
the ability to clear browser storage, commonly in the settings or preferences area; see your browser's help
function or support area to learn more. Other technologies, such as Silverlight storage, may be cleared from
within the application.
To see the prior version of this document, please go to info@marvelmedia.com.
Last Updated: December 22, 2020