PRIVACY POLICY

IMPORTANT! PLEASE READ THIS PRIVACY POLICY ("PRIVACY POLICY") CAREFULLY. THIS PRIVACY POLICY APPLIES TO YOUR (REFERENCES TO "YOUR" OR "YOU" IN THESE TERMS OF USE MAY ALSO INCLUDE ANY AUTHORIZED USERS ESTABLISHED BY YOU, IF APPLICABLE) USE OF MCS ENTERTAINMENT, LLC’S ("MCS," "US" OR "WE"): (1) MCS SUBSCRIPTION SERVICE ("SERVICE"); (2) WEBSITE LOCATED AT MYKELCOLEMANSTUDIOS.COM ASSOCIATED WITH THE SERVICE ("SITE"); AND (3) INTERACTIVE FEATURES OR DOWNLOADS THAT ARE MADE AVAILABLE THROUGH OR INTERACT WITH THE SERVICE OR SITE ("FEATURES"). BY USING THE SERVICE, SITE OR FEATURES YOU ARE UNCONDITIONALLY AGREEING TO THIS PRIVACY POLICY AND OUR COLLECTION, USE AND SHARING OF YOUR INFORMATION AND DATA, AND OTHER ACTIVITIES, AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICE OR THE SITE.

 

MCS is committed to helping users of its Service, Site, Content, and Features understand the information that MCS collects, how MCS uses that information, the choices users have about the way their information is used, and the precautions MCS takes to protect information concerning its users. This Privacy Policy applies specifically to the Service, Site, Content, and Features only, and covers information collected on or through the Service, Site, Content, and Features. When using other MCS websites or apps, we encourage you to review the privacy policy controlling that website or app.

 

Please note that throughout this Privacy Policy, you will see capitalized words or phrases. These capitalized words and phrases are defined terms. The defined terms are first set off from the other text in parentheses. Their definitions are found either in this Privacy Policy or in our Terms of Use, found here: www.mykelcolemanstudios.com/termsofuse.

 

1. INFORMATION WE COLLECT.

1.1 Personally Identifiable Information. MCS collects personally identifiable information that you voluntarily submit in various contexts including, but not limited to:

  • the registration or account creation process for the Service

  • the registration process for sweepstakes, contests, Features and other promotions offered via the Service and Site

  • your participation in online research surveys offered on the Service, Site, Content, and Features

  • the process of reporting a problem with our Service, Site, Content, and Features and resolving customer service activities (including via email and chat) including, but not limited to, Customer Submissions

  • in connection with content submissions, voting and polling activities

  • in the course of MCS investigating suspected violations of this Privacy Policy and MCS Terms of Use

  • offline submissions/disclosures (including via facsimile, mail, or in person for sweepstakes entrance forms)

  • accessing the Service via a third-party service (e.g., Facebook)

Such personally identifiable information may include: name, date of birth, email address, phone number, account registration information, account/user name, password, password reminder questions and answers, credit card information (in limited circumstances), bank account information (in limited circumstances), mailing address and information about your interests in and use of various products, programs, and services) you voluntarily provide.

 

This Privacy Policy does not apply to any personally identifiable information you may disclose in public areas of the Service, Site, Content, and Features. When you voluntarily post information in public areas of the Service, Site, Content, and Features, that information can be collected and used by third parties. MCS assumes no responsibility for any action or policies of any third parties who collect information that users disclose on public areas of the Service, Site, Content, and Features.

1.2 Non-Personally Identifiable Information.

1.2.1 Usage Information. When you visit the Service, Site, Content, and Features, MCS may also collect non-personally identifiable Information. MCS may automatically collect information that describes how you use the Service, Site, Content, and Features and the technology you are using to access the Service, Site, Content, and Features including, but not limited to the name of your Internet service provider or mobile carrier; referring/exit pages; date/time stamp; clickstream data; precise geolocation information; bandwidth speed; software programs and registry keys on the devices you register and information about your interests in and use of various products, programs, and services ("Usage Information"). Additionally, we may collect your IP address or device identifier ("Device ID"). A Device ID is a unique number assigned to the device(s) or network you use to access the Service, Site, Content, and Features. If we associate Usage Information with your Device ID, we will treat such information as personally identifiable information.

1.2.2 Cookies. Cookies are small information files that our Service, Site, Content, and Features may place on your computer or other device. Cookies by themselves do not provide MCS with personally identifiable information. However, once you choose to furnish us with personally identifiable information, this information may be linked to the data stored in a cookie. In many instances you can turn off cookies in your web browser (see your browser’s manual or help file for instructions), but if you do turn off cookies you may not be able to access parts of the Service, Site, Content, and Features where cookies are used.

1.2.3 Embedded Scripts/Web Beacons. An embedded script is programming code used to collect information about how you interact with the Service, Site, Content, and Features. The embedded script is temporarily downloaded onto your device from a MCS or third-party web server and is active only while you are connected to the Service, Site, Content, and Features. A web beacon is a small graphic image or programming code that may be included in our web pages and email messages.

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2. HOW WE USE THE INFORMATION WE COLLECT.

2.1 Personally Identifiable Information. We use the personally identifiable information you give us to deliver information or content you request, to contact you about the Service, Site, Content, and Features, or for other purposes explained at the time we collect the information. Additionally, we use personally identifiable information to, among other things:

  • verify access rights to the Service, Site, Content, and Features

  • verifying the status of your User Account (as defined in the Terms of Use for the Service and Site)

  • improve the Service, Site, Content, and Features by providing personalized content, language and location customization and/or personalized help and instructions

  • provide customer service assistance

  • ask you to participate in surveys about products, services, news and events

  • provide you with news, newsletters, updates, targeted advertising, promotions, sweepstakes and special offers

  • better understand how the Service, Site, Content, and Features are used, including traffic patterns and what types of content are most popular with users

  • in connection with content submissions, community postings (e.g., chat and bulletin boards), and voting and polling activities including publishing your screen name and other information you have provided to us on the Service, on the Internet, or elsewhere

  • repost comments about our programs and services made by you on various online platforms (such as Twitter hash tags)

  • for any other purposes disclosed to you at the time we collect your information or pursuant to your consent.

2.2 Non-Personally Identifiable Information. We use Device IDs, Usage Information, cookies and web beacons for a variety of internal purposes, such as system administration and counting visitors, tracking views, email "opens" and monitoring how users navigate the Service, Site, Content, and Features.

 

2.3 Combining Information. All the information we collect about you may be combined, including to help us tailor our communications to you and to develop rich online content and services across our Service.

 

2.4 Service Providers; Affiliates. MCS may disclose personally identifiable information and non-personally identifiable information to:

  • distributors, contractors and third-party agents we engage to provide services for MCS.

  • corporate affiliates of MCS to identify products and services that may be of interest to you, for research, analysis and to assist in the improvement of our Service or those of our affiliates, and in connection with promotions conducted by us, by our affiliates, or jointly.

Such entities and individuals are required to protect your personally identifiable information in a manner that is consistent with this Privacy Policy and to not use such personal information for any purpose other than to carry out the services they are performing for MCS.

2.4 Analytics. MCS may use third party analytics service providers to evaluate and provide us with information about the Service and viewing of our content. These vendors may have their own tracking technologies on your device, and they may otherwise collect or have access to information about you. This information may be stored and shared by these vendors to process your transactions and provide access to the Service. MCS may also use this information for internal review and analysis of the Service, the customer service process, and consumer comments

2.5 Successor. MCS may disclose your personally identifiable information and non-personally identifiable information to any successor or to any person or entity that acquires ownership or control of the Service, Site, Content, and Features by any means. You hereby consent to the disclosure to, and use by, any such successor or subsequent owner or operator, and your continued use of the Service, Site, Content, and Features signifies your agreement to be bound by such successor's or subsequent owner or operator's own privacy policy. MCS is not responsible for any changes or modifications to this Privacy Policy by any successor or subsequent owner or operator of the Service, Site, Content, and Features.

 

2.6 Administrative; Legal. MCS may also disclose your personally identifiable information to third parties in any of the following instances:

  • we have been given your consent to disclose

  • we have previously informed you of the disclosure, including by means of our Privacy Policy

  • we are required by law or court order to disclose, or we believe in good faith that the law requires it

  • disclosure is necessary to identify, contact, or bring legal action against, someone who may cause or be causing harm to, or interference with, our rights or property, other users of the Service, Site, and Features, or anyone else

  • to respond to an inquiry, request or complaint that you have made. We may also use IP addresses in cooperation with Internet service providers to identify users if we deem it necessary to comply with laws, to enforce compliance with the Privacy Policy.

3. SOCIAL NETWORKS. In certain circumstances you may engage with our Content and other offerings through third-party social media sites ("Social Networks") including Facebook, Twitter, Pinterest and others. MCS may also allow you to connect your User Account or engage with our Content on or through Social Networks and in doing so you allow us to have ongoing access to certain information from your Social Network account and MCS may share certain information regarding your User Account and Usage Information with such Social Network. When you post or share Content from the Service to a Social Network, or by linking your Social Network account with your User Account, you consent to MCS collection and use of your Social Network information that you have made available to be shared. To customize your privacy settings and manage how Social Network’s handle and share your personally identifiable information, please refer to each respective Social Network’s privacy policies and terms of use.

 

4. DO-NOT-TRACK. MCS has not implemented a response to browser-based Do Not Track signals. Since uniform standards for "Do Not Track" signals have not been adopted, the Services do not process or respond to "Do Not Track" signals.

 

5. HOW TO UPDATE YOUR PERSONAL INFORMATION. We will use reasonable efforts to allow you to update or correct personally identifiable information, to the extent that changing the data will not compromise privacy or security interests. Also, upon your request, we will use commercially reasonable efforts to functionally delete your personally identifiable information from our database(s). However, it may be impossible to delete all your information without some residual data because of backups and records of deletions. You can access and update the personally identifiable information that you have provided in connection with the Service, Site, Content, and Features by visiting the My Account tool available within the Service. To help protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making corrections to any personally identifiable information.

6. EMAIL OPT-OUT. If at any time you wish to opt out or "unsubscribe" from receiving commercial emails related to the Service, Site, Content, and Features you may: (a) use the unsubscribe link at the bottom of each commercial email you receive; or (b) visit the My Account tool available within the Service to opt out of receiving commercial emails and to update your email preferences. Please remember that: (1) even if you opt out of receiving commercial emails from MCS, we reserve the right to send transactional or relationship communications to you (e.g., if we need to contact you regarding your account status, technical support, product information, changes to the terms of use for the Service, Site, Content, and Features or this Privacy Policy, and any other matter that might affect our service to you and/or our records on you); and (2) certain information or services can only be provided to you if personal information is provided. If you elect not to provide such information or opt out of having your information shared, you may not be able to receive certain content or information.

7. POLICIES FOR INDIVIDUALS UNDER THE AGE OF 13. MCS does not knowingly collect or use any personally identifiable information submitted to the Service, Site and/or Features from individuals under the age of 13, except in order to respond on a one-time basis to a specific request for information If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her personally identifiable information without your permission or consent, you can ask us to remove your child’s information by contacting us at  contact@MCS.com .  Upon notice from you, MCS will make reasonable efforts to investigate and remove the information. Please include in your message the same user name and/or email address and password that your child submitted.

8. LINKS TO OTHER SITES. MCS may from time to time offer links to other sites from the Service, Site, Content, and Features, including the sites of our distributors and sites that are sponsored by or co-branded with third parties. These third parties may have information practices that are different than ours. We recommend that you review such site’s terms of use and privacy policy prior to use or submitting any personally identifiable information. MCS does not verify, warrant, endorse or take responsibility for the availability, accuracy, completeness, quality, practices or policies of such sites or content available from such sites. MCS does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites.

 

9. MCS SECURITY POLICY. MCS is aware of your privacy concerns and strives to collect only as much data as is required to make your use of the Service, Site, Content, and Features as efficient and satisfying as possible, in the most unobtrusive manner as possible. We will make reasonable efforts to ensure that whatever information you provide will be maintained in a secure environment. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personally identifiable information, we cannot guarantee the security of any information you transmit to us or from our products or services, and you provide such information at your own risk.

10. CONSENT TO PROCESSING IN THE UNITED STATES. By providing any personally identifiable information to MCS, all users, including, without limitation, users in the member states of the European Union, fully understand and unambiguously consent to this Privacy Policy and to the collection, transfer and processing of such information in the United States of America and waive any claims that may arise under your own local and national laws.

 

11. NOTIFICATION OF CHANGES. MCS reserves the right, at its sole discretion, to change, modify, discontinue, enhance, add or remove any portion of the Privacy Policy, in whole or in part, at any time. Changes to the Privacy Policy will be effective when posted. You agree to periodically review the Privacy Policy so that you are aware of any changes. Your continued use of the Service, Site, Content (as defined in the Terms of Use for the Service and Site) and Features in any way after any changes are made or posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby.

 

12. REPRESENTATIONS AND WARRANTIES. By accessing or using the Service, Site or Features you represent and warrant that: (a) you are a resident of the Service Area; (b) that you are a subscriber in good standing through a Distributor of the Service; (c) that you have legal capacity to enter into this agreement (i.e., that you are at least eighteen (18) years old or of sufficient age to be considered an adult in your state of residence and possess sufficient mental capacity and are otherwise entitled to be legally bound in contract); (d) the information you provide during registration for a User Account, and any other communications with MCS and/or in connection with the Service for any reason, is true, correct, complete, and current and you agree to update such information as necessary so that it remains current, accurate, and complete; and (e) you have read and agree to abide and be bound by these Privacy Policy.

 

13. ASSIGNMENT. You may not assign your rights and obligations under the Privacy Policy for any reason. MCS may assign its rights and obligations under the Privacy Policy at any time.

 

14. TERMINATION. Your right to use the Service, Site, Content, and Features will automatically terminate if you fail to comply with any provision of the Privacy Policy.

 

15. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL MCS, ITS DISTRIBUTORS, PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS, EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE, SITE, CONTENT OR FEATURES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE COLLECTION OR USE OF INFORMATION FROM YOU IN CONNECTION WITH YOUR USE OF THE SERVICE, SITE, CONTENT OR FEATURES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO AN EVENT OF FORCE MAJEURE.THE ABOVE LIMITATIONS OF LIABLITY WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

16. INDEMNIFICATION. You agree to indemnify and hold harmless MCS, its distributors, parents, subsidiaries, affiliates, partners, agents, service providers, third party information providers and licensors and each of their respective officers, directors, shareholders and employees against and from any and all liabilities, claims, costs, damages, reasonable settlements and expenses (including without limitation reasonable attorneys’ fees and court costs) to the extent arising out of or attributable to your breach of any of the provisions, representations or warranties set forth in the Privacy Policy. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section.

 

17. FORCE MAJEURE. MCS will not have any liability to you for any delay or non-performance of its obligations under the Privacy Policy, to the extent that such delay or non-performance is attributable to an event of Event of Force Majeure (as hereinafter defined). For the purposes of the Terms of Use, "Event of Force Majeure" will mean an act of God, labor dispute, or failure of facilities, networks, equipment or software, or any similar event, to the extent that such event is beyond the reasonable control of MCS.

 

18. MODIFICATIONS TO THE PRIVACY POLICY. MCS reserves the right, at its sole discretion, to change, modify, discontinue, enhance, add or remove any provision of the Privacy Policy, in whole or in part, at any time. Changes to the Privacy Policy will be effective when posted. You agree to periodically review the Privacy Policy so that you are aware of any changes. The date that this Privacy Policy was last modified can be found at the end of this Privacy Policy. Any modifications to this Privacy Policy will supersede the provisions of the prior Privacy Policy for all activity occurring after the revised version has been made available. Your continued use of the Service, Site, Content and, Features in any way after any changes are made or posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby.

 

19. GOVERNING LAW; ARBITRATION. This Privacy Policy will be governed by and construed in accordance with the laws of the State of California. All controversies, disputes or claims arising out of or relating to this Privacy Policy will be determined pursuant to the mediation and arbitration procedures of JAMS and administered by JAMS or its successor ("JAMS") in accordance with the comprehensive rules and procedures, including the optional appeal procedure, of JAMS ("JAMS Rules"), as modified by this Privacy Policy. The parties will endeavor first to attempt to resolve the controversy or claim through mediation administered by JAMS before commencing any arbitration. All mediation and arbitration will be conducted in Los Angeles County, California. The arbitration will be held before a single neutral arbitrator. The JAMS Rules for selection of mediators and arbitrators will be followed, except that the mediator or arbitrator will be an experienced entertainment or labor, or employment arbitrator licensed to practice law in California, or a retired judge. Any appellate panel will consist of three (3) neutral members, subject to the foregoing requirements. Any mediation and/or arbitration will be confidential (except as information may be required in any judicial proceeding brought to enforce these arbitration provisions or any award rendered hereunder). Upon conclusion of any arbitration proceedings hereunder, the arbitrator will render findings of fact and conclusions of law and a written opinion setting forth the basis and reasons for any decision he or she has reached and will deliver such documents to each party to the agreement along with a signed copy of the award. Any arbitration award will be final and binding upon the parties. Judgment upon an award rendered by an arbitrator may be entered in any court having jurisdiction over the relevant party or its assets. The arbitrator will have the right to award money damages and other appropriate relief, consistent with the terms of this agreement; however, the arbitrator will not have the right to award injunctive relief against either party or to certify a class action of any kind. Any dispute, claim or controversy arising out of or relating to this Privacy Policy, must be filed within one (1) year of the relevant events. You and MCS agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

 

20. MISCELLANEOUS. This Privacy Policy sets forth the nature and extent of your relationship with MCS as it pertains to the information MCS collects from you and uses in connection with the Service, Site, Content, and Features. The Privacy Policy is binding upon and inures to the benefit of MCS and you, and MCS’s successors and assigns, if any. If any provision of the Privacy Policy is determined to be invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision of the Privacy Policy. Any waiver of any breach or failure to enforce any provision of the Privacy Policy will not be deemed a future waiver of such term or a waiver of any other provision. Any waiver of any provision of the Privacy Policy will be effective only if it is in writing and signed by MCS and you. Nothing contained in the Privacy Policy will constitute, or enable the development of a joint venture, partnership or any other employee/employer or independent contractor relationship or any other commercial relationship (except as seller and customer) between you and MCS. The provisions of the Privacy Policy, which by their nature should survive expiration or termination of the Privacy Policy, will survive such termination. You agree that your use of the Service, Site, Content, and Features enables you to enter into agreements and/or to make purchases electronically. You acknowledge and agree that your electronic submissions constitute your agreement and intent to be bound by any such agreements and/or purchases, including without limitation all transactions you enter in connection with the Service, Site, Content, and Features.


21. CONTACT US. If you have any questions or concerns about the Privacy Policy for the Service, Site, Content, and Features, please contact us at contact@MCS.com.

 

Last Updated: February 6, 2019