Privacy Statement

Cinedigm respects your right to privacy and we are committed to protecting it and your Personally Identifiable Information during our day-to-day operations. Accordingly, we adhere to privacy principles established by the U.S. Department of Commerce E.U. Safe Harbor Program (http://export.gov/safeharbor/eu/eg_main_018365.asp). We also take steps to protect the privacy rights of Kids and Parents, as discussed below. This Privacy Policy details certain policies implemented throughout Cinedigm’s Site and Services and governing Cinedigm’s use of Personally Identifiable Information. By using the Site and Services you agree to the terms of this Privacy Policy. If this Privacy Policy is unacceptable to you, you shall cease using our Site and Services.

Security and Data Storage

We employ procedural and technological security measures that are designed to safeguard your Personally Identifiable Information from loss, unauthorized access, disclosure, alteration or destruction. Cinedigm will use firewalls, password protection, and other security measures to help prevent unauthorized access to your Personally Identifiable Information. Although we take appropriate measures to safeguard against unauthorized disclosures of your Personally Identifiable Information, we cannot assure you that such information will never be disclosed in a manner that is inconsistent with this Privacy Policy.

What Information We Collect

We only knowingly collect Personally Identifiable Information from our Site if you choose to provide it to us. This means you can visit our Site without revealing any Personally Identifiable Information. We do not, to our knowledge, collect any Sensitive Information. Like most web sites, our web servers do collect some information about your visit that does not necessarily identify you personally. This information may include the URL, IP address, browser type and language, and the date and time of your visit. Like most web sites, we may use cookies, web log files, IP addresses, or web beacons in order to recognize you as a registered user, improve your overall Site experience, tailor and customize the content of our Site, or track Site usage. This data may be exchanged between your computer, our Site, and the systems of third parties who assist us in the operation and delivery of the Site. We do not share the linkage between this data and your Personally Identifiable Information with third parties except as described herein and authorized by you.

In order to use certain features of the Site and Services you may be asked to register and create a Cinedigm account. Any Personally Identifiable Information that you choose to provide within the registration process will not be disclosed on our Site. Once registered, we may enable you to provide additional information in various areas of the Site by, for example, creating a “profile” or posting “comments.” Providing additional information beyond the fields in the registration process is entirely optional and such information may be visible to the public. You should be cautious when posting information to publicly accessible portions of the Site. We may provide privacy settings in some circumstances such that you may choose categories of people who may access your profile information.

How We Use the Personally Identifiable Information You Provide To Us

We may use your Personally Identifiable Information to register you to use our Site and Services, to verify your authority to use certain features of our Site and Services, to improve and tailor the content and general administration of our Site and Services, and, based upon the preference settings which you select, to deliver certain content, information, services and notices from Cinedigm as well as communications regarding information, events, content, products and services of third parties. We will not use your Personally Identifiable Information for a purpose incompatible with the purpose for which it was originally collected or subsequently authorized by you without your opt in consent.

Opting Out of Communications from Cinedigm

By providing your email address while signing up for Cinedigm or submitting a vote you automatically grant permission to Cinedigm to send communications to you, unless you opt out at that time. You may also manage your preferences and opt out of receiving email communications by clicking “unsubscribe” from an email sent to you by Cinedigm [or by signing into Cinedigm online and managing your preferences]. During the sign up and voting process you may also indicate whether you grant permission for Cinedigm to share your Personally Identifiable Information with third parties and for those third parties to communicate directly with you, as discussed below.

Disclosing Personally Identifiable Information to Others/Opt In Consent

Except as expressly provided in this Privacy Policy, we will not disclose Personally Identifiable Information obtained through our Site to third parties. We may provide access to Personally Identifiable Information to third parties who assist us in the operation and delivery of the Site. We also may disclose Personally Identifiable Information: (a) to complete a transaction that you initiate; (b) as required by law; (c) when necessary to protect the rights, property, or safety of customers, our employees, or third parties; or (d) in order to enforce this Privacy Policy or our Terms of Use. By agreeing to this Privacy Policy, you authorize us to share Personally Identifiable Information with such third parties for such purposes.

Based upon your Cinedigm account settings, we may from time to time provide your Personally Identifiable Information to other third parties involved in the entertainment business for various purposes, including to allow those third parties to contact you about news, events, products and/or services in which you may be interested. If you do not want us to share your Personally Identifiable Information (or the Personally Identifiable Information of your Kid as discussed below) with such third parties, you may indicate this preference during the registration or voting process by not providing opt in consent [or you may subsequently manage your opt in preferences by signing into Cinedigm]. You also may contact our Privacy Officer at privacy@cinedigm.com, 818-587-5424, Cinedigm Entertainment Group, 21051 Warner Center Lane, Suite 250, Woodland Hills, CA 91367. If you initially opt in to such sharing and later withdraw that consent, we expeditiously will stop sharing your information with third parties for these purposes. To stop receiving communications from a third party to whom we have already provided your information based on your prior consent, contact that third party directly or click unsubscribe from an email which you receive from the third party. Although we do not knowingly collect Sensitive Information at this time, we would not share your Sensitive Information with third parties without your opt in consent.

We will take reasonable steps to require third parties with whom we share Personally Identifiable Information to comply with the terms of this Privacy Policy.

Kids’ Privacy


Cinedigm recognizes the privacy interests of Kids and we encourage Parents to take an active role in their Kids’ online activities. Most of Cinedigm’s Site and Services are not intended for Kids. Cinedigm does not direct generally its Site and Services to Kids. Cinedigm does not knowingly collect Personally Identifiable Information from Kids through most of its Site and Services. In fact, through most of its Site and Services, Cinedigm takes steps to prevent Kids from submitting any Personally Identifiable Information to Cinedigm. Upon obtaining actual knowledge that a Kid submitted Personally Identifiable Information to Cinedigm through such portions of the Site and Services, we will delete such information expeditiously, unless retention is necessary: (a) for protecting the security or integrity of the Site; (b) to take precautions against liability; (c) to respond to judicial process; or (d) to provide information to law enforcement agencies or for an investigation on a matter related to public safety.

[In order to make every effort to protect the privacy rights of Kids, we also follow certain procedures when collecting information through some portions of the Site which are directed to Parents of Kids. If a Parent submits to us Personally Identifiable Information regarding a Kid, we will delete the information after emailing the Parent unless we receive within two business a response confirming that the Parent consents to our collection of the Kid’s information for our specified purposes. In addition, if a Parent submits to us such information for the purpose of sharing that information with a third party, we will delete the information within two business days unless the Parent downloads a consent form from the Site and returns the completed form to us by fax or calls us and responds appropriately to questions designed to verify provision of Parental consent. Both of these options provide the Parent an opportunity to provide opt in consent, and we will not condition participation in the Site or Services on the provision of such consent or on the provision of certain pieces of information unless such consent or provision is reasonably necessary to the performance of specific Services.] In all circumstances, we do not allow Kids or Parents to create profiles for Kids or post comments on behalf of Kids.

In some limited portions of the Site we do collect Personally Identifiable Information from Kids. For such portions of the Site, we have a Kids Privacy Policy

Correcting/Updating Personally Identifiable Information


Cinedigm provides you with the ability to review, correct and delete any of the Personally Identifiable Information that you have provided to us. If you have questions about this Privacy Policy or wish to review or correct any information you have provided to us, you may do so by contacting our Privacy Officer at privacy@cinedigm.com, 818-587-5424, Cinedigm Entertainment Group, 21051 Warner Center Lane, Suite 250, Woodland Hills, CA 91367 [or accessing your account online]. To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making changes or modifications. Unfortunately, we cannot always ensure that such changes or modifications will be reflected in all iterations of your information as previously stored.

Privacy Policy Updates

As our business grows and changes, we expect to revise or enhance this Privacy Policy through amendments from time-to-time. We will post a current version of our Privacy Policy on our Site and will communicate material changes to our Privacy Policy to you by, among other things, posting a notice on our Site for ten days before the changes take effect. If any modification is unacceptable to you, you shall cease using our Site and Services. If you do not cease using our Site and Services, you will be conclusively deemed to have accepted the changes. However, we will not deem applicable to you any future changes made that would enable sharing of Personally Identifiable Information or communicating with you without acquiring your opt in consent.

Your Personally Identifiable

Information will remain subject to the terms of this Privacy Policy even if Cinedigm undergoes a business transition. However, we may transfer your Personally Identifiable Information to a successor entity upon a merger, consolidation, or other corporate reorganization in which Cinedigm participates or to a purchaser of all or substantially all of Cinedigm’s assets to which this Site relates. You hereby consent to such transfers, and Cinedigm may assign and transfer all of the rights, benefits, duties, and obligations of this Privacy Policy.

Links to Third Party Sites

This Privacy Policy applies only to the privacy of users of Cinedigm’s Site and Services. If you follow links and move from Cinedigm’s Site to external web sites owned or operated by other entities or individuals, you should read the privacy policies of those external web sites carefully. The terms by which the owners or operators of those external web sites manage your Personally Identifiable Information could differ from how Cinedigm manages your Personally Identifiable Information. Cinedigm is not responsible for the practices of such third parties.

Governing Law and Dispute Resolution

This Privacy Policy is governed by and incorporated by reference into the Terms of Use available at http://cinedigm.com/corporate-info/terms-of-use/, and should be interpreted consistent therewith. Where an inconsistency exists between this Privacy Policy and the Terms of Use, this Privacy Policy shall control the relationship between the parties. Cinedigm is also subject to the jurisdiction of the Federal Trade Commission. If you believe that we have violated this Privacy Policy, please contact our Privacy Officer at privacy@cinedigm.com, 818-587-5424, Cinedigm Entertainment Group, 21051 Warner Center Lane, Suite 250, Woodland Hills, CA 91367. If we do not satisfy your concerns regarding any alleged violation, and you wish to pursue a claim against us, you may take any claim related to the terms or conditions of this Privacy Policy to binding arbitration in Los Angeles, California. Arbitration under this Privacy Policy shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Privacy Policy shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.

Definitions

“Cinedigm” refers to Cinedigm Digital Cinema Corp., a Delaware corporation. “Cinedigm” and the Cinedigm logo are registered trademarks of Cinedigm Digital Cinema Corp.

“Including” or “including” mean including without limitation.

“Personally Identifiable Information” includes your name, home address, telephone number, email address, birth date, or other information which by its nature can be used to identify or contact you or your Kid, as well as information about your visit that does not necessarily identify you or your Kid personally (such as a URL, IP address, browser type and language, or the date and time of your visit) if such information is stored in a manner that links the information to information which by its nature can be used to identify or contact you or your Kid.

“Kid” means a child under the age of 13.

“Parent” means a parent or legal guardian.

“Privacy Officer” refers to the Cinedigm employee responsible for dealing with privacy issue and who may be contacted at privacy@cinedigm.com, 818-587-5424, Cinedigm Entertainment Group, 21051 Warner Center Lane, Suite 250, Woodland Hills, CA 91367.

“Sensitive Information” refers to information including your race, ethnicity, health conditions, political opinions, or other sensitive topics.

“Site and Services” refer to the content, features, and functionality (“Services”) made available to users at the Internet website located at the URL Cinedigm.com and its accompanying pages, as well a via email communications, mobile applications and other media now existing or hereafter devised (“Site”).