1. INTRODUCTION

AGREEMENT AND PARTIES LUX / EROS, a California corporation (“Company,” “us,” or “we”) respects the privacy of the visitors to the Internet Site located at http://www.lux-eros.com/ (the “Site”). This Privacy Policy (“Privacy Policy” or “Policy”) is an agreement between Company and you, as the user of the Site. This agreement tells you when this Policy is effective, what information we collect from you, how we might use it, how you can review or change the personal information you provided to us, how we may change this Policy, and the steps we take to ensure that your personal information is protected.

2. AGREEMENT TO TERMS OF PRIVACY POLICY AND TERMS OF USE

AGREEMENT TO TERMS. All activities in which you may engage on this Site are voluntary. You are not required to provide any personal information to us unless you choose to access features on this Site which require the information. If you do not agree with the terms of this Policy or other terms of use on this Site, then you should immediately exit this Site and discontinue using the Site. If you do not agree with the terms of our Privacy Policy and our Terms of Use and Terms and Conditions posted at _ _[URL or hyperlink]_ _, please do not provide us with personal information, and leave this Site. The Terms of Use of this Site and Terms and Conditions are expressly incorporated herein by reference and made a part of this Policy. By using the Site, you signify that you agree to the terms of this Privacy Policy as well as to our Terms of Use and Terms and Conditions.

3. EFFECTIVE DATE OF AND CHANGES TO PRIVACY POLICY

EFFECTIVE DATES. This Privacy Policy is effective as of February 1, 2014, and will remain in effect except with respect to any of its provisions that are changed in the future, in which case the changes will become effective on the date they are posted on the Site or we otherwise notify you of the changes. We reserve the right to change this Privacy Policy at any time. Changes, modifications, additions, or deletions will be effective immediately on their posting to this Site. You should check this Policy periodically as its terms may change from time to time. Your continued use of the Site after we post any such modifications will constitute your acknowledgment of the modified Policy and your agreement to abide and be bound by the modified Policy. We will also revise the “last updated” date found at the beginning of this Privacy Policy when we post changes to it.

4. POLICY APPLICABLE TO ONLINE ACTIVITIES ONLY

DISCLAIMERS. The Privacy Policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond Company’s control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This online Privacy Policy only applies to information collected through this Site. This Privacy Policy does not apply to any information we may collect from you in any place other than this Site.

5. PERSONAL INFORMATION WE MAY COLLECT

TYPES OF INFORMATION COLLECTED. We may ask you for certain information referred to on this Site as “Personal Information,” which includes information that pertains to your identity. Such information may include, but is not limited to, items such as your name, address, date of birth, age, gender, email address, telephone number, or credit card or debit card number. You may be required to provide Personal Information to access or use certain parts of our Site or features of the Site. If you do not provide the requested Personal Information, you may not be able to access or use the features of the Site where such information is requested.

6. GENERAL INFORMATION WE MAY COLLECT

TYPES OF INFORMATION COLLECTED. There may be other instances in which we collect information from you that is more general in nature (“General Information”). Such information may include your Internet Protocol (IP) address, which enables us to identify your computer or device on a Transmission Control Protocol/Internet Protocol (TCP/IP) network, which includes the World Wide Web. Your computer has an IP address, which is required in order for you to communicate with others via the Internet. Such General Information, including the click stream data and cookies, as mentioned below, may be collected from you whenever you access the Site, whether or not you provide us with any Personal Information.

6.1. Click Stream Data

When you visit our Site we may also collect “click stream data” (server address, domain name). This information can be combined with information you have provided to us by registering, for example, which will enable us to analyze and better customize your visits. We may use click stream data for traffic analysis or e-commerce analysis of our Site, to determine which features of our Site are most or least effective or useful to you.

6.2. Cookies

We may also use cookies to gather information about your visits to our Site and enhance your experience. More information on how we use cookies is available in the section “Automatic Collection.”

7. USES OF INFORMATION COLLECTED

PERSONAL AND GENERAL INFORMATION. We will primarily use the Personal Information you provide and any General Information we receive from you for reasons including, but not limited to, the following:

(a)   To provide products or services you request; third party payment processing services allow Company to process payments by credit card, bank transfer, or other means. Company only shares the information that is necessary to execute the transaction with the third party payment processors handling the transaction. Specifically, the company Stripe, Inc., to provide mobile credit card processing through the App. Stripe adheres to its own Privacy Policy and Payment Card Industry Data Security Standards. To learn more about the types of information gathered and how the information is used by Stripe, visit https://stripe.com/us/privacy

(b)  Process, validate, confirm, verify, deliver and track your purchases (including by processing payment card transactions, arranging shipping and handling returns and refunds, and contacting you about your orders, including by telephone)

(c)   Maintain a record of the purchases you make on our Site

(d)  Respond to your questions and comments and provide customer support

(e)   Communicate with you about our products, services, offers, events and promotions, and offer you products and services we believe may be of interest to you

(f)   Enable you to communicate with us through our blogs, social networks and other interactive media

(g)   Send you information or materials via email about products, offers, and news we think might interest you. This information may relate to products, offers, and news of Company or its licensees or selected commercial partners. We send you this only if you have opted-in to receive emails from Company. If you no longer wish to receive any emails from us, or if you want to modify your personal data or want your personal data to be deleted from our database, see Section 12.

(h)  Publish your testimonials about Company, including on our Site and blogs, and on social networks (if we choose to publish your testimonial, we will include only your first name, last initial, city and state)

(i)    Manage your participation in our events, sweepstakes and other promotions

(j)    Operate, evaluate and improve our business and the products and services we offer

(k)  Analyze and enhance our marketing communications and strategies (including by identifying when emails sent to you have been received and read)

(l)    Analyze trends and statistics regarding visitors’ use of our Site, mobile applications and social media assets, and the purchases visitors make on our Site

(m) Protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users

(n)   Enforce our Site Terms of Use and Terms and Conditions

(o)   Comply with applicable legal requirements and industry standards and our policies

 

USER CHOICE REGARDING COLLECTION, USE, AND DISTRIBUTION OF PERSONAL INFORMATION. You may choose not to provide us with any Personal Information. In such an event, you can still access and use the Site; however you will not be able to access and use those portions of the Site that require your Personal Information.

8. PROTECTION OF YOUR PERSONAL INFORMATION AND GENERAL INFORMATION

8.1. Security Measures

In order to protect both the Personal Information and the General Information that we receive from you through our Site, we have implemented reasonable security measures, including but not limited to password protected computers and programs for any information we do store. 

Please note that no electronic transmission of information can be entirely secure. We cannot guarantee that the security measures we have in place to safeguard Personal Information will never be defeated or fail, or that those measures will always be sufficient or effective.

 

8.2. Risk of Interception

Please keep in mind, however, that whenever you give out Personal Information online there is a risk that third parties may intercept and use that information. While Company strives to protect your Personal Information and privacy, we cannot guarantee the security of any information you disclose online. By using this Site, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through this Site and that any Personal Information, General Information, or other data or information received from you through the Site is provided to us at your own risk, which you expressly assume.

9. NO USE OF THIS SITE BY PERSONS UNDER 18 PERMITTED

9.1. Registration/Subscription Declined

Company intends only persons who are 18 years or older to use this Site. Personal subscription/registration information submitted by a person under the age of 18 will not be accepted. Any General Information provided by a person under the age of 18 and gathered (for example, through the use of cookies) during his or her visit may be used as indicated in this Policy (see Section 6). Company is committed to protecting the privacy of children and has no intention of collecting personal data from children under the age of 18. We encourage parents and guardians of children under 18 to regularly check and monitor their children’s use of email and other activities online.

9.2. Notice Concerning Children

PLEASE NOTE: We are a general audience Site, and do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Site user is under age 13, we will promptly delete any Personal Information in that user’s registration/account.

10. THIRD PARTIES

10.1. Sharing Information With Persons or Entities Who Manage This Site

Company’s global and local Sites and the Personal Information and General Information collected are managed and controlled by Company.  The servers that make Company’s global and local Sites available may be operated by various parties. Please note that the information you provide may be transferred to them and Company, and by submitting the information you authorize this transfer. Any of these parties are to provide safeguards for the protection of your data that are consistent with this Policy.

10.2. Disclosing Information to Third Parties

WHO MAY HAVE ACCESS TO YOUR INFORMATION. Other than to Company for the purposes set out above, and except as described in this Policy, we do not sell, trade, or otherwise transfer your Personal Information or General Information to third parties without informing you in advance. We provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties (collectively, “service partners”). Our service partners may use your Personal Information to operate our Site and to deliver their services. For example, your data may be transferred to Site hosting partners and other parties who assist us in designing and operating the Site, executing services (such as for prize fulfillment), or helping us analyze collected data. These parties will only use your data for the purpose of carrying out the work as agreed with us and will be required to keep the information confidential. We will encourage our service partners to adopt and post privacy policies. However, the use of your Personal Information by our service partners is governed by the privacy policies of those service partners and is not subject to our control.

10.3. Security

RELEASE OF INFORMATION. Company will release Personal or General Information without your consent for security purposes, when required by law, or to prevent imminent harm to any person or entity. We will disclose Personal or General Information upon receipt of a court order or subpoena, or to cooperate with a law enforcement investigation, which may include responding to requests and court orders from jurisdictions outside the United States. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion. Release of your personal data for security purposes, as described in this agreement to any person or entity under any circumstances shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us in accordance with this Policy.

10.4. Links to Third Parties

PURPOSE OF LINKS. For your convenience and to improve the usage of the Site we may insert links to third parties on this Site. This Privacy Policy does not apply to such third party Sites. These links take you outside our service and off Company’s Site and are beyond our control. This includes links from partners that may use Company’s logos as part of a co-branding agreement. The Sites those links can take you to have their own separate Privacy Policy and although we seek to protect the integrity of our Site, Company is not liable for the content and activities of those sites. Your visits and access to such Sites is at your own risk. Please note that those other sites may send their own cookies to users, collect data, or solicit Personal Information.

11. AUTOMATIC COLLECTION

COOKIES. A cookie is a small string of information that the Site you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the Site and that information helps us to understand your preferences and improve your Site experience. We may use the information collected through cookies and other automated means to uniquely identify the electronic shopping basket you may create on our Sites and enable you to retrieve shopping baskets you previously created. We also may use cookies to identify and authenticate visitors. Cookies are also used for such activities as remembering your user name and password, if you use such a feature on this Site. You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust your browser settings (such as Mozilla, Firefox, or Internet Explorer). There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, this choice may limit the functionality of the Site you visit and you may lose access to some of its features.

12. DELETING OR MODIFYING PERSONAL INFORMATION

CHANGING YOUR INFORMATION. You may cancel your subscription/registration at any time, and you may opt out of receiving any emails from Company. Additionally, you can choose to have all your Personal Information deleted from our database. You may opt out, or delete or modify your Personal Information, by providing written notice to us. We encourage you promptly to update your Personal Information when it changes.

13. QUESTIONS OR COMMENTS

CONTACT INFORMATION. If you have any questions or comments relating to our Site or the Privacy Policy, send an email to hello@lux-eros.com or write Attn: Privacy Compliance Officer, LUX / EROS 6919 Treasure Trail, Los Angeles, CA 90068.