Last Updated: July 2022
This California Privacy Notice (“California Notice”) supplements the Privacy Notice and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). Tribeca Enterprises LLC and Tribeca Film Festival NYC, LLC (collectively, (“TE”, “we”, “us”, “our”) adopted this California Notice to comply with California privacy laws, including the California Consumer Privacy Act (“CCPA”). Any terms defined in the CCPA and not defined here have the same meaning when used in this California Notice.
I. NOTICE OF COLLECTION AND USE OF PERSONAL INFORMATION
We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”). In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not Personal Information. To the extent this data is stored or associated with Personal Information, it will be treated as Personal Information; otherwise, the data is not subject to this notice.
Categories of Personal Information
Within the last twelve (12) months, we have collected the following categories of Personal Information:
- Identifiers. Identifiers such as your name, alias, postal address, online identifier, internet protocol address, email address, phone number, or other similar identifiers and contact information
- Payment Information. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code 1798.80(e)), such as your payment information (e.g., credit card or debit card number) provided to our payment vendors and ticketing platforms when you purchase tickets to attend our festival or other events.
- Commercial Information. Commercial information, including records of personal products or services purchased or obtained, or other purchasing or consuming histories or tendencies, such as tickets you purchase or festivals or events that you attend.
- Online Activity. Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.
- Sensory Data. Audio, electronic, visual, thermal, olfactory, or similar information, such as your voice and likeness that you authorize us to use in connection with our sweepstakes, contests, and other promotions.
- Professional Information. Professional or employment-related information, such as your biographical data that you submit in connection with our sweepstakes, contests, and other promotions.
- Inferences. Inferences drawn from any of the information above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, and behavior.
We will not collect additional categories of Personal Information other than those categories listed above. If we intend to collect additional categories of Personal Information, we will provide you with a new notice at or before the time of collection.
Use of Personal Information
We collect and process your Personal Information for the following business and commercial purposes:
- Providing, predicting, or performing, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, and processing payments.
- Marketing our products and services to you, including sending you messages about the products and services we offer, which may include contests, rewards, events, and special offers for products and services, or the products and services our partners or prospective partners offer.
- Communicating with you by email mail, telephone, and other methods of communication, about products, services, order status, and information tailored to your requests or inquiries.
- Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
- Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
- Debugging to identify and repair errors that impair existing intended functionality.
- Short-term, transient use, including, but not limited to, the contextual customization of ads shown as part of the same interaction.
- Undertaking internal research for technological development and demonstration.
- Undertaking activities to verify or maintain the quality or safety of the services or devices owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the services or devices owned, manufactured, manufactured for, or controlled by us.
- Complying with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, or for other purposes, as permitted or required by law.
- As necessary or appropriate to protect the rights, property, health and safety of our users, us, and other third parties.
We will not use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you with notice
Sources of Personal Information
We collect Personal Information from the following categories of sources:
- Directly from you. When you provide it to us directly whether online, by email, phone, or in-person, such as when you sign-up to receive our newsletter, register or purchase tickets for our festival or other events, or enter into sweepstakes, contests and other promotions.
- Data Analytics Providers. For example, through logging and analytics tools, cookies, pixel tags, such as Google Analytics and Crazy Egg, and as a result of your use of and access to the Services, or through your interactions with us on social media websites
- From our Service Providers. For example, order and payment processing and fulfillment services, commercial email providers, security consultants, and other Service Providers we engage
- From Sponsors. For example, from event sponsors when you register for an event, or from sponsors of sweepstakes, contests and other promotions
Sharing of Personal Information
Within the last twelve (12) months, we have shared the following categories of Personal Information for a business purpose with the following categories of third parties:
- Identifiers: Affiliates and Service Providers
- Payment Information: Service Providers (i.e., payment processors)
- Commercial Information: Affiliates and Service Providers
- Online Activity: Affiliates and Service Providers
- Sensory Data: Affiliates and Service Providers
- Professional Information: Affiliates and Service Providers
- Inferences: Affiliates and Service Providers
We may also share Personal Information with government agencies or regulators when permitted or required to do so by law; in response to a request from a law enforcement agency or authority or any regulatory authority; and/or to protect the integrity of the Services or our interests, rights, property, health or safety, and/or that of our users and others.
II. YOUR CALIFORNIA PRIVACY RIGHTS
California’s “Shine the Light” law, permits our users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for their own direct marketing purposes in the previous calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to email@example.com, and are free of charge. However, we do not disclose personal information protected under the “Shine the Light” law to third parties for their own direct marketing purposes.
The CCPA provides California residents with the following rights:
- Right to Know: You have the right to request that we disclose certain information to you about the Personal Information we collected, used, disclosed, and sold about you in the past 12 months. This includes a request to know any or all of the following
- The categories of Personal Information collected about you;
- The categories of sources from which we collected your Personal Information;
- The categories of Personal Information that we have sold or disclosed about you for a business purpose;
- The categories of third parties to whom your Personal Information was sold or disclosed for a business purpose;
- Our business or commercial purpose for collecting or selling your Personal Information; and
- The specific pieces of Personal Information we have collected about you
- Complete the transaction for which the Personal Information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between our business and you
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity
- Debug to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
- 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 deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
- To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
- Comply with a legal obligation.
- Otherwise use the Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Some of our products and services, however, may require your Personal Information. If you choose not to provide your Personal Information that is necessary to provide any aspect of our products or services, you may not be able to use those products or services. In addition, as described in the section captioned “Your Choices” in the Privacy Notice, it is possible to change your browser settings to block the automatic collection of certain information.
III. SUBMITTING A VERIFIED CONSUMER REQUEST
To exercise your Right to Know, Data Portability, and Right to Delete, you must provide us with sufficient information to allow us to verify your identity, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Once we receive the information you provide to us, we will review it and determine if more information is necessary to verify your identity as required by law, and we may request additional information in order to do so.
To exercise your California privacy rights described above, please submit a verifiable request to us by:
- Calling us at (800) 238-8182.
- Emailing us at firstname.lastname@example.org.
Only you, or a person authorized by you to act on your behalf, may make a verifiable consumer request related to your Personal Information.
You may only make a verifiable consumer request for Right to Know or Data Portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative. We will need to verify your identity with at least two (2) pieces of information, such as name and email address.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We may deny your request if we are unable to verify your identity or have reason to believe that the request is fraudulent.
Consumer Request by an Authorized Agent
If any authorized agent submits a consumer request on your behalf, in order to confirm that person or entity’s authority to act on your behalf and verify the authorized agent’s identity, we require an email be sent to email@example.com, along with all of the below items:
- To verify your authorization to request on behalf of a California resident, provide proof of permission from the California resident to submit the request.
- Sufficient information to verify the authorized agent’s identity, depending on the nature of the request.
- To verify the identity of the California resident for whom the request is being made, provide the information for verification provided above.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. We will only use Personal Information provided in a verifiable consumer request to verify the request’s identity or authority to make the request.
We will acknowledge receipt of the request within ten (10) business days of its receipt. We will respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Data Portability requests, we will provide the responsive information in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit the information to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
IV. SALE OF PERSONAL INFORMATION
We do not sell your Personal Information to third parties for money. However, the CCPA defines “sale” broadly, and that definition could include information that we have shared with certain technology providers that provide certain services to us, including delivering advertisements that we believe may be of interest to you. In the past twelve (12) months, we have sold the following categories of Personal Information to the following categories of third parties
- Online Activity: Advertising Networks
We “sell” (as defined under the CCPA) your Personal Information for the following business or commercial purposes:
- Marketing our products and services to you, including sending you messages about the products and services we offer, which may include contests, rewards, events, and special offers for products and services
We do not and will not knowingly sell the Personal Information of minors under the age of 16 without affirmative authorization.
Notice of Right to Opt-Out
[Please see our “Notice of Right to Opt-Out” on our “Do Not Sell My Personal Information” [Insert hyperlink] page for more information about your opt-out/in rights.]
[If you are a California resident, you have the right to opt-out of the sale of your Personal Information to third parties. To exercise this right, please submit the form on our “Do Not Sell My Personal Information” [Insert hyperlink] page or [insert offline method and/or any other method for submitting opt-out requests].]
Do Not Track
We use analytics systems and providers and participate in ad networks that process Personal Information about your online activities over time and across third-party websites or online services, and these systems and providers may provide some of this information to us. We do not currently process or comply with any web browser’s “do not track” signal or similar mechanisms.
V. MODIFICATIONS AND UPDATES TO THIS CALIFORNIA NOTICE
This California Notice replaces all previous disclosures we may have provided to you about our information practices with respect to the Services. We reserve the right, at any time, to modify, alter, and/or update this California Notice, and any such modifications, alterations, or updates will be effective upon our posting of the revised California Notice. We will use reasonable efforts to notify you in the event material changes are made to our processing activities and/or this California Notice, such as by posting a notice on the Services or sending you an email. Your continued use of the Services following our posting of any revised California Notice will constitute your acknowledgement of the amended California Notice.
VI. ADDITIONAL INFORMATION AND ASSISTANCE
If you have any questions or concerns about this California Notice and/or how we process Personal Information, please contact us at:
Tribeca Enterprises LLC
375 Greenwich Street
New York, NY 10013
For more information about how users with disabilities can access this California Notice in an alternative format, please see the accessibility icon located at the bottom right corner of the Website.