Privacy Policy

Updated and Effective: April 15th, 2021

This Privacy Policy (“Policy”) explains how Fiction Riot, LLC d/b/a Ficto (“Ficto,” “we,” or “us”) collects, uses, and shares information.  This Policy applies to our website at www.fictionriot.com (the “Website”); our mobile software application, Ficto, that has been made available for download (“App”); and any other Ficto websites, apps, features, functionalities, or services that post a link to this Policy (collectively, the “Services”).  By using the Services, you agree to this Policy and our Terms of Service.  If you do not agree to the terms of this Policy or the Terms of Service, do not access or use the Services.  

Table of Contents

  1. Information We Collect
  2. How We Use the Information We Collect
  3. How We Share Information
  4. Third Party Analytics Providers, Ad Servers, and Similar Third Parties
  5. Links to Other Sites
  6. How We Respond to Do Not Track Signals
  7. Security
  8. Your Choices
  9. General Audience Services
  10. Consent to International Data Transfer
  11. Updates to this Privacy Policy
  12. How to Contact Us
  13. Additional Information for Canadian Residents
  14. Notice to California Residents
  15. Notice to Nevada Residents

  1. Information We Collect

We, our third-party service providers, and our business partners may collect information from you both directly and automatically when you use the Services.  Some of this information may be considered “personal information” under various applicable laws.  We consider information that identifies you as a specific, identified individual to be personal information (such as your name and email address), and we treat additional information, including IP addresses and cookie identifiers, as “personal information” where required by applicable law.  Note that we may de-identify personal information so that it is non-personal, such as by aggregating it or converting it to a code, sometimes using a function commonly known as a “hash.”  We will treat de-identified information as non-personal to the fullest extent allowed by applicable law.

  1. Information You Provide Us.  In the course of using the Services, we may ask you to provide us with certain information, including contact information (such as your email address), information about your interests and preferences (such as your favorite shows or answers to polling questions), or account information (such as username).  You may also have the ability to transact through us or a third party, and if you choose to transact, you will also be asked for payment information.  
  2. Information We Collect Automatically From Your Use of the Services.  When visitors use our Services, we, our third-party service providers, and our business partners also may automatically collect certain information (“Usage Information”).  Usage Information is generally non-identifying, but if we associate it with you as a specific and identifiable person, we treat it as personal information. This Usage Information may include the type of computer operating system you are using (e.g., Microsoft Windows or Mac OS), the type of browser you are using (e.g., Internet Explorer, Firefox), the domain name of the Internet service provider you are using (e.g., America Online, EarthLink), your activity while using our Services (e.g., which of our pages you have viewed, the content viewed, and the advertisements you have been shown).  We track the programming you watch and how you interact with the programming.  In addition we automatically collect your IP address and other unique identifiers ("Device Identifier") for your computer, mobile phone, or other device used to access the Services.  A Device Identifier is a number that is automatically assigned to your device used to access the Services, and our servers identify your device by its Device Identifier.  We may be able to infer your approximate location based on your IP address or similar information we collect.

We use the following types of tracking technologies (collectively referred to as "Tracking Technologies") to automatically collect information when you interact with us online:

Cookies and local storage are small text files stored locally on your Device that help store user preferences. These technologies are able to store a unique identifier for a device to us to recognize the device whenever the device is used to visit the Services. These technologies may be used for many purposes by us, our service providers, and our third-party business partners, such as automatically collecting Usage Information, enabling features, serving advertisements to you online, and remembering your preferences. We may use cookies and other technologies to study traffic patterns on our Services, to study the effectiveness of our customer communications, to manage and measure the performance of advertisements displayed on or delivered by or through the Services, and to personalize your experience through our Services, such as to recognize you when you return to our Services. The information we store includes internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. If you do not want to accept cookies, you can block them by adjusting the settings on your Internet browser. You can find more information about cookies and how they work at www.allaboutcookies.org.

Web beacons or "clear gifs" are small pieces of code placed on websites used to collect advertising metrics, such as counting page views, promotion views, or advertising responses.

Embedded scripts are programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third-party service provider, is active only while you are connected to the Services, and is deactivated or deleted thereafter.

In addition to the Tracking Technologies, log data collected on our servers supply us with aggregate Usage Information about the number of visits to different areas of our Services. We use such aggregate Usage Information to improve access to content based on our visitors' browsers and operating system types to make our content available to as many users as possible.

c.     Social Media Interactions.  The Services may permit or facilitate interactions with an interactive third-party website or service ("Social Media"), such as enabling you to "like" or "share" content. If you choose to share content or otherwise post information from or via the Services to Social Media, that information may be public and the third party may have access to information about you and your use of our Services. You may also choose to participate on Social Media in a way that connects that third-party service with our Services, such as posting to one of our pages on a Social Media site. Doing so may allow us to collect (or the third party to share) information about you, including personal information, and the third party may allow us to re-post content related to us on our own Services. These third-party platforms may be able to collect certain information about your visits to our Services regardless of whether or not you affirmatively interact with the feature and whether or not you are logged into (or have) an account with the third-party platform.

If you are logged out or do not have a Facebook account and visit a website with the Like button or another social plugin, your browser sends a more limited set of info. For example, because you are not logged into Facebook, you will have fewer cookies than someone who is logged in. Like other sites on the Internet, Facebook receives info about the web page you are visiting, the date and time, and other browser-related info. Facebook records this info to help it improve its products. (See https://www.facebook.com/help/186325668085084)

We may also receive information about you if other users of Social Media give us access to their profiles and you are one of their connections or "friends." The information we collect is subject to this Privacy Policy. The information collected and stored by the third party remains subject to the third party’s privacy practices, including, without limitation, whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third-party website or service. The third party may allow you to remove the application or feature, in which case we will no longer collect information about you through the application or feature, but may retain the information previously collected.  

You acknowledge that, if you choose to post any information about your viewing history on a third-party platform, or by liking or sharing any content, the Video Privacy Protection Act of 1998 (18 U.S.C. § 2710) (or any similar state law) does not apply. However, to the extent it does apply in any manner, you are providing your informed, written consent to the disclosure of that information pursuant to the Video Privacy Protection Act.

  1. How We Use the Information We Collect

We use information, including personal information, Usage Information, and non-personal information, for the following purposes: (i) to provide, optimize, and improve the Services, features and content, which includes, among other things, determining your general geographic location; (ii) to administer your use of the Services; (iii) to identify your preferences and tailor our content for you such as recommendations, advertising, promotions, and offers we display to you, both on the Services and elsewhere online; (iv) to fulfill requests you may make; (v) to personalize your experience; (vi) to identify you across your devices; (vii) to provide service announcements; (viii) to provide you with further information and offers from us or third parties that we believe you may find useful or interesting, including newsletters, marketing or promotional materials and other information on Ficto related services; (ix) to protect the Services and our customers from errors, misuse of the Services, fraud, or any criminal activity, and detect and troubleshoot problems, resolve disputes, and enforce applicable agreements and policies for the Services; (x) for internal business purposes, such as to improve our Services, and to comply with regulatory and legal obligations; (xi) to contact you regarding your use of the Services, and in our discretion, changes to our policies; or (xii) for any other purposes consistent with this Privacy Policy, as disclosed at the time you provide your information, or otherwise with your consent.  

  1. How We Share Information

We may aggregate, de-identify, and/or anonymize any information collected through the Services such that such information is no longer linked to your personal information.  We may use and share this aggregated and anonymized information (non-personal information) for any purpose, including without limitation, for advertising and research and marketing purposes, and may share such data with our business partners and other third parties.  

We may share the information we have collected about you, including personal information and Usage Information, as disclosed at the time you provide us with information or with your consent, and as described in this Privacy Policy, including:

  1. At Your Request.  We may share information when you direct us to do so.  For example, you may be presented with an opportunity to receive marketing offers from a third party, or you may choose to share information about a show, write a content review, or engage with a social media service or third-party application or feature, through which information about you is shared.  Please note that we are not responsible for the privacy practices of third parties.  If you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly.
  2. Unaffiliated Third Parties for Their Direct Marketing Purposes.  We may share non-personal information, which may include information that has been de-identified with third parties. We do not share your personal information with third parties for those third parties’ own direct marketing purposes unless you consent (opt-in or opt-out) to such sharing.  
  3. Service Providers. We may utilize third parties to facilitate the Services, to provide the Services on our behalf, to perform services related to administration of the Services (including, without limitation, maintenance, hosting, and database management services, web analytics, and administration). These third parties may have access to your personal information in order to perform these tasks on our behalf.
  4. Administrative and Legal Reasons. We will disclose any information about you, including personal information and Usage Information, to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Ficto or a third party, to verify or enforce our Terms of Service or other applicable Ficto policies, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable.  We may also use IP addresses and device identifiers to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers, or law enforcement agencies, in our discretion.  
  5. Sweepstakes, Contests, and Promotions.  We may offer sweepstakes, contests, or other promotions (any, a "Promotion"), that may require registration. By participating in a Promotion, you are agreeing to the provisions, conditions, or official rules that govern the Promotion, which may require specific requirements of you (including, without limitation, and except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness, or other indicia of persona in advertising or marketing materials). If you choose to enter a Promotion, personal information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, as required by law or permitted by the Promotion's terms or official rules (such as on a winners list).
  6. Business Transfers. Ficto may sell, transfer or otherwise share some or all of its assets, including personal information, in connection with a corporate change, such as a merger, acquisition, reorganization, or sale of assets, or in the event of bankruptcy, including without limitation, during the course of due diligence.  We reserve the right, as part of this type of transaction, to assign or otherwise transfer your information (including, without limitation, your personal information) and other information we have collected from users of the Services. By providing your personal information, you agree that we may transfer such information to the acquiring entity without your further consent. For example, if part of our business was sold we may give our customer list as part of that transaction.  

  1. Third Party Analytics Providers, Ad Servers, and Similar Third Parties.

We may share information, typically aggregated information, de-identified information, Usage Information, and location information, with third party advertising companies, analytics providers, and other third parties for the purposes of industry analysis, demographic profiling, and to deliver more relevant advertising on and off the Services.  These third parties may set and access their own tracking technologies on your device (including cookies and web beacons), and they may otherwise collect or have access to Usage Information and other information about you. Some of these parties may collect personal information over time when you visit the Services or other online websites and services.

We may use a variety of service providers to perform advertising and analytics services, some of these companies are members of the Network Advertising Initiative ("NAI") or the Digital Advertising Alliance ("DAA") Self-Regulatory Program for Online Behavioral Advertising. You may want to visit http://www.networkadvertising.org/managing/opt_out.asp which provides information regarding targeted advertising and the "opt-out" procedures of NAI members. You may also want to visit http://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an "opt-out" by participating companies in the DAA Self-Regulatory Program. Please note opting out through these mechanisms does not opt you out of being served advertising. You will continue to receive generic ads while online.

We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. This service may also collect information regarding the use of other websites, apps, and online services. You can learn about Google’s practices by going to http://www.google/policies/privacy/partners, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at http://www.tools.google.com/dlpage/gaoptout.  

  1. Links to Other Sites

The Services may contain links to third party websites or services, including to advertisers.  These third parties may set their own cookies or tracking technologies and/or collect or solicit personal information from you.  We may also share with them information, which is typically de-identified information, Usage Information, and general location information.

If you choose to visit a third-party site, such as by clicking on a banner ad or other third-party link, the collection, use, and sharing of information from or about you by these third parties is subject to their privacy policies. We encourage you to read the privacy policies or statements of these third parties.  

We do not exercise control over these third parties.  Ficto is not responsible for the privacy practices employed by any third party.

  1. How We Respond To "Do Not Track" Signals

Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, our Sites do not alter their practices when they receive a “Do Not Track” signal from a visitor’s browser, except as required by applicable law. To find out more about “Do Not Track,” please visit www.allaboutdnt.com.  

  1. Security

We use commercially reasonable practices designed to safeguard the integrity and security of information that we collect.  Please be aware that no security measures are perfect or impenetrable and thus we cannot and do not guarantee the security of your data.

  1. Your Choices

You may opt-out of marketing communications as set forth below:

E-Mail.  From time to time, we send marketing e-mail messages to our users for whom we have email addresses. If you no longer want to receive such emails from us on a going forward basis, then you may opt-out via the “unsubscribe” link provided in each such email.  Please note that if you choose to opt-out of email marketing communications, we reserve the right to send you certain email communications relating to your use of our Services, service announcements, notices of changes to this Privacy Policy or other terms, or similar administrative or transactional messages, and such messages will be unaffected by any choice to opt out of marketing emails.

Push Notifications.  With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can elect to stop receiving those messages at any time by changing the notification settings on your mobile device.

  1. General Audience Services

Our Services are intended for a general audience and not intended for use by or targeted to those younger than the age of 16. We do not knowingly collect personal information from children younger than the age of 16.  

  1. Consent to International Data Transfer

Ficto is based in the United States, and uses servers hosted in the United States and other countries.  By using the Services or providing us with any information, you fully understand and unambiguously consent to the transfer to, and processing, usage, sharing and storage of, your information in the United States and other jurisdictions, for which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.  As a result, this information may be subject to access requests from governments, courts, or law enforcement in the United States and other countries according to the laws in those jurisdictions.  Your information will also be disclosed to third parties as described in the “How We Share Your Information” section above.

  1. Updates to This Privacy Policy

To the extent allowed by applicable law, we may make changes to this Privacy Policy at any time without prior notice.  If we decide to change our privacy policy, we will inform you by posting a notice on our Services.  We may also provide notice to you in other ways, such as through contact information you have provided.  Your continued use of any of the Services after the effective date of the revised Privacy Policy will constitute your consent to those changes to the fullest extent allowed by applicable law.  However, we will provide notice and obtain your consent (opt-in or opt-out) if required.  Note that you may no longer be able to use certain or any features of the Services if you do not consent to the revised Privacy Policy.

  1. How to Contact Us

If you have any questions about this Privacy Policy, you may contact us by email at policy@ficto.tv, by phone number at +1 (424) 250-2400, or by writing us at:

Ficto

1049 Havenhurst Dr, Ste 236

West Hollywood, CA 90046

  1. Additional Information for Canadian Residents

We make reasonable efforts to notify you of the purposes for which personal information will be used or disclosed and if the initial purpose changes. Please note, you may withdraw consent at any time (subject to legal or contractual restrictions and reasonable notice). Subject to certain limits set out in the applicable laws, Canadian residents also have the right to request access to the personal information that Ficto collects and to update or correct personal information if it is inaccurate.  

If you are a Canadian resident and would like to submit a request to access your personal information or to withdraw consent to the processing of your personal data, you must submit your request to Ficto at the contact information provided above. You may also use this contact to submit any requests for information on Ficto’s privacy practices or to submit a complaint regarding our practices.

Your request or complaint must include your full name, street address, city, province, postal code, and an email address so that we are able to contact you if needed regarding this request.

We cannot properly process requests or complaints that do not come through the designated request mechanism or do not contain sufficient information to allow us to process your request. You may also be required to take reasonable steps as we determine from time to time in order to verify your identity and/or the authenticity of the request. Once your request is processed, absent exemptions, we will provide you with details regarding what personal information we have, how it is used, and with which third parties it is shared.

Canadian residents may have additional rights under Canadian law, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and successor legislation.  Please see the website of the Office of the Privacy Commissioner of Canada (www.priv.gc.ca) for further information. 

Canadian residents also may learn more about interest-based advertisements from participating third parties in Canada at the Canadian DAA choice page at http://youradchoices.ca/choices.

You and we confirm that it is our wish that this Privacy Policy, the Terms of Service, and all other related policies be drawn up in English.  Vous reconnaissent avoir exigé la rédaction en anglais du présent document ainsi que tous les documents qui s'y rattachent.

  1. Notice to California Residents  

Under California Civil Code Section 1798.83, California residents who provide us with personal information (as covered by California Civil Code Section 1798.83) are entitled to request and obtain from us one time per calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. Alternatively, the law provides that a company may comply, as Ficto does, by disclosing in its privacy policy that it provides consumers choice (opt-out or opt-in) regarding sharing personal information with third parties for those third parties’ direct marketing purposes, and information on how to exercise that choice. As stated above in this Privacy Policy, Ficto provides you choice prior to sharing your personal information with third parties for their direct marketing purposes. If you do not opt-in or if you choose to opt-out at the time Ficto offers that choice, Ficto does not share your information with that identified third party for its direct marketing purposes.

If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to policy@ficto.tv or to the following mailing address:

Ficto

1049 Havenhurst Dr, Ste 236

West Hollywood, CA 90046

You must put the statement "Your California Privacy Rights" in the subject field of your e-mail or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and zip code. We will respond to you at your mailing address, or at our option, your e-mail address. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

  1. Notice to Nevada Residents

Nevada S.B. 220 provides consumers with the ability to opt out of the sale of their personal information. We do not sell your personal information as defined in S.B. 220.  However, you may still submit an opt-out request, and if our practices were to change in the future, we would honor your request.  If you are a Nevada resident and would like to opt out of the sale of your covered information, your request must be submitted to policy@ficto.tv.  Your request must include your full name, street address, city, state, zip code, and a valid email address so that we can contact you if needed regarding your request.  If you previously provided a phone number, including it will assist us in making sure we identify you as someone who wants to opt out.  You may be required to take reasonable steps as we determine from time to time to verify your identity and/or the authenticity of your request.  

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