2. General Terms and Definitions
- IndieFlix, Inc. may be referred to as “IndieFlix,” “we,” “our,” or “us.”
- We call a user of the IndieFlix Platform a “User,” or collectively, the “Users.”
- “You” and “your” refer to an individual User of the IndieFlix Platform.
- The community platform that we offer at our website (www.indieflix.com) is referred to as the “Site.”
- The platform and related services provided by IndieFlix, the Site and mobile applications (whether on iOS or Android), including without limitation information provided by IndieFlix to potential and actual Users in relation to the services, together are called the “IndieFlix Platform.”
- Content owner and licensors are referred to as “Producer(s)” and their video programming offered to consumers on Producer-branded websites and applications are referred to as a “Producer Channel.”
The IndieFlix platform is powered by POWr (“POWr”), a Delaware corporation. POWr provides an online platform (the “IndieFlix Platform” or “our service”) that allows video content Producers to offer their video programming to consumers via Producer Channels.
4. What Information Does IndieFlix Collect?
When you use IndieFlix, we collect information relating to you and your engagement of our platform from a variety of sources, including those listed below:
- Personal Information. IndieFlix collects personal information including your name, address, username, telephone, email address, and bank account and other financial information that you voluntarily share with IndieFlix when you create an account on the IndieFlix platform.
- Device Information. IndieFlix collects information about the computer or device you’re using to access the IndieFlix Platform, including but not limited to, the type of computer or mobile device you use, your mobile device’s unique device ID, the IP address of your computer or mobile device, your operating system, the type of internet browser you use, and information about the way you use the IndieFlix Platform (“Device Information”). IndieFlix may use Device Information to monitor the geographic regions from which users navigate the IndieFlix Platform and for security and fraud prevention purposes.
- Comments and Platform Navigation. You may choose to post a comment or participate in a forum, where available. This information will be available to the public. You may also choose to provide other information about yourself in connection with surveys, contests, special offers, customer support inquiries, and other communications with us. Additionally, we collect information regarding your purchase and free-trial sign-up history, your Producer Channel usage history, and the traffic source which led you to the Producer Channel.
- Other Data You Intentionally Share. We may collect your personal information or data if you submit it to us in other contexts. For example, if you submit video for streaming on our platform or for inclusion in an IndieFlix film festival, IndieFlix will retain all information related to those activities.
- Financial Information. To help consumers set up a payment account we may collect financial information, including name, address, credit card number, bank routing numbers, tax information, and any other payment information (“Financial Information”).
- Referral Data. If you arrive at the IndieFlix Platform If you arrive at the IndieFlix platform from an external source (such as a link on another website or in an email), we record information about the source that referred you to us.
- Usage Data. We collect usage data about you whenever you interact with our services. This may include which webpages you visit, what you click on, when you performed those actions, and so on. Additionally, like most websites today, our web servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of each access, including originating IP addresses.
- Information From Third Parties. We may collect your personal information or data from third parties if you give permission to those third parties to share your information with us.
- Cookies and Other Technologies. When you use a website, mobile application, or other internet service, certain internet and electronic network activity information gets created and logged automatically. This is also true when you engage with the IndieFlix Platform either by website or mobile app. Here are some of the kinds of information we collect:
- Log Data. When you use IndieFlix, our servers record information (“log data”), including information that your browser automatically sends whenever you visit a website, or that your mobile app automatically sends when you’re using it. Log data includes your Internet Protocol address, searches, browser type and settings, the time and date of your login, and how you use the IndieFlix Platform.
- Cookie Data. A cookie is a small data file that we transfer to your computer’s hard disk. We use “Persistent Cookies” that only IndieFlix can read and use, and access mobile device ID’s:
To save your login information for future logins on the IndieFlix Platform
- To assist in processing transactions;
- To hold session information.
We use “Session ID Cookies” and similar technologies to:
- Enable certain features of the IndieFlix Platform;
- Better understand how Users interact with the website and IndieFlix Platform;
- Monitor usage by our Users and web traffic routing on the IndieFlix Platform;
- Identify visited areas on the IndieFlix Platform;
- Track number of entries and engagement with IndieFlix advertising and promotions.
Unlike persistent cookies, session cookies are deleted from your computer when you log off from the IndieFlix Platform and then close your browser.
You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you will not be able to use all portions or all functionalities of the IndieFlix Platform.
5. How Does IndieFlix Use Your Information?
The Personal Information that IndieFlix and/or POWr collects is essential to the operation of the IndieFlix Platform. We use the information provided by you for the following purposes:
5.1 Providing IndieFlix Services.
- Creation of User profiles.We use your Personal Information to verify your identity and create your account and user profile on the IndieFlix Platform from which you can access IndieFlix services;
- Operation of the IndieFlix Platform. We use your Personal Information to analyze how the IndieFlix Platform is being used and the quality of the video product offered;
- Processing Payments. IndieFlix may use your Personal Information to process payments and fulfill orders to deliver video programming and other services to you;
- Customer Support. IndieFlix may use your Personal Information to provide you with customer support either as an IndieFlix Platform user or Producer;
- Complaint and Dispute Resolution. IndieFlix may use your Personal Information in the identification of complaints and disputes involving Users or Producers
5.2 Safety and Security.
- Billing and Fraud Prevention. Your Personal Information allows IndieFlix to ensure a safe and secure environment in which IndieFlix Users and IndieFlix Producers may transact video business;
- Legal Proceedings and Requirements. IndieFlix may use your Personal Information in any legal proceeding it is required to or as a means of cooperating with law enforcement with any legitimate investigation;
5.3 Communication and Site Performance.
- To Contact Users and Producers. IndieFlix may user your Personal Information to contact you and deliver (via email, SMS, push notifications, or otherwise) administrative notices, marketing notifications, offers, and communications relevant to your use of the IndieFlix Platform and IndieFlix’s legitimate business interests in enhancing and improving the Platform and IndieFlix’s services;
- Analyzing the IndieFlix Platform Usage. In our effort to improve the Platform, IndieFlix may use your Personal Information to analyze site usage;
5.4 Research, Advertising, and Marketing.
- Analytics and Market Research. IndieFlix may analyze your information and web navigational data based on your interests, and may use the analysis from this information in a way that doesn’t reveal a name, email address or other "real-world" identity (“Market Analysis”) in order to market the IndieFlix Platform, improve the likelihood of a sale to a group of potential Users, and increase the likelihood that a group's experience with the IndieFlix Platform is relevant to its interests as a whole, as necessary for our legitimate interests in providing an engaging and relevant experience, promoting our services, and growing our business.
- Research and Development. We at IndieFlix love hearing feedback from our Users about our service and the IndieFlix Platform. We also collect data and Personal Information for research and product development purposes. The information we collect allows us to improve the safety, security, and usability of our service. IndieFlix also uses the information to develop new features for the IndieFlix Platform.
6. How IndieFlix Shares Your Information
- Profile Information You Make Available to Others. By using the IndieFlix Platform or the Services you may make certain types of your Personal Information available to others. For example, if your user name contains your real name, and you post a comment in a public area of the Platform, other users may see your name and other information from your public profile that you choose to make available to others. The information you choose to make publicly available may be accessed by users who use the Platform or Services and may be accessed by commercial search engines such as Google, Yahoo! And Bing to the extend that such engines are permitted access to the Platform.
- Email Communication From Producers. When you purchase a subscription, you may agree to receive emails from the Producer. Producers may, via the POWr service, send emails regarding the availability of new video programming in a subscription that you have purchased. If you decide you no longer wish to receive these emails, you may opt out as instructed in each email or in your account settings. Some Producers may email you directly (i.e. through non-POWr systems). Neither IndieFlix nor POWr controls these emails and opting out of IndieFlix platform communications will not cause an opt-out with respect to these emails.
- Third-Party Providers. From time to time we may establish a business relationship with other businesses whom we believe are trustworthy and who we believe have privacy practices that are consistent with ours (“Third-Party Providers”). These Third-Party Providers may include, but are not limited to, site hosting and maintenance providers, payment processing services, customer relationship management services, fraud detection services, marketing and promotion specialists, data storage and management providers. Third-Party Providers are prohibited from using Personal Information other than as specified by us.
- Other Transfers. We may share Personal Information with businesses controlling, controlled by, or under common control with IndieFlix. If we are merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal information and Usage Data in connection with such transaction, include to third parties evaluating or facilitating such transaction.
- When Compelled by Legal Obligations. IndieFlix may disclose Personal Information including location data or communication data, to a third party if required to do so by law or pursuant to a court order, warrant or subpoena. IndieFlix reserves the right to disclose personal information from both private and public areas of the Site and the IndieFlix Platform in the absence of a court order warrant or subpoena if we are given reason to believe, in our sole discretion, that someone is causing injury to or interfering with the rights of Users, Producers, the general public, or IndieFlix or its partners, parents or affiliates.
It is IndieFlix’s policy to provide notice to Users or Producers before producing their information in response to law enforcement requests unless (i) we are prohibited by law or court order from doing so, (ii) we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety, or (iii) it is an emergency request and prior notice would be impractical (in which case we may provide notice after the fact).
- Choice / Opt Out. You may opt-out of receiving communications from us and our partners, remove your information from our database, choose to not receive future communications related to the IndieFlix Platform, or cancel your account by logging into your Account or by contacting us at email@example.com
- IndieFlix Information Retention Policy. We retain your Personal Information for as long as is necessary to fulfill the purposes for which we collected it including for the duration of our relationship with you. We also retain your Personal Information for a period of time after our relationship with you has ended where there is an ongoing business need to retain it. This includes retention to comply with our legal, regulatory, tax, and/or accounting obligations. We do so in accordance with our data retention policies and applicable law.
- Security. We recognize the importance of safeguarding the confidentiality of your Personal Information. Accordingly, we employ reasonable physical, electronic, and administrative measures designed to protect your information from unauthorized access, disclosure, and use. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, IndieFlix cannot guarantee the security of any information you transmit to us, and you do so at your own risk. While IndieFlix will use commercially reasonable efforts to ensure the security of all credit card and all other Personal Information, we expressly disclaim any liability for any unauthorized access to or use of our secure servers and/or any and all Personal Information and/or Financial Information stored therein, and you agree to hold IndieFlix harmless for any damages that may result therefrom.
- Children’s Privacy. We do not knowingly or intentionally collect Personal Information from children under the age of 18 years old. If IndieFlix becomes aware that we have unknowingly collected the Personal Information of a child under the age of 18, we will delete the user profile and all of the personal information associated with it.
- Third-Party Links and Services. IndieFlix or an individual Producer may provide links to third-party websites and applications. We have no control over such services and therefore refer you to their privacy policies for information on their respective privacy practices.
- Our servers are based in the United States, so your Personal Information will be primarily processed in the United States.
- You consent to us sharing your Personal Information with relevant persons working for service providers who assist us to provide our services.
- Data Controller. The data controller for IndieFlix is located:
4111 E Madison St
Seattle, WA 98112
- Additional Information For California Residents. The CCPA provides users (California residents) with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.
- Access to Specific Information and Data Portability Rights. You have the right to request that IndieFlix discloses certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request we will disclose to you:
- The categories of Personal Information we collected about you.
- The categories of sources for the Personal Information we collected about you.
- Our business or commercial purpose for collecting or selling that Personal Information.
- The categories of third-parties with whom we share that Personal Information.
- The specific pieces of Personal Information we collected about you (also called a portability request).
- If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing: (1) sales, identifying the Personal Information, categories that each category of recipient purchased; and (2) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
- Deletion Request Rights. You have the right to request that IndieFlix delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
- Additional Information for European Union Users.
- “Personal Data.” For users located in the EU, references to “personal information” in this policy are equivalent to what is commonly referred to as “personal data” in the EU.
- Data Controller. IndieFlix Inc., is the data controller for registration, billing and other account information that we collect from users in the EU.
If you require assistance or have a specific request that is not presently covered by our product features, please contact our Data Protection Officer. We may require additional information from you to fulfil your requests. We may charge a reasonable fee if your request imposes an unreasonable cost. We will afford UK-based users with all rights available to EU users, regardless of the UK’s EU member status.