Privacy Policy

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We do not knowingly sell or share personal information about persons under the age of 16. Please click here to learn more about opt out of the sale or sharing of your Personal Information, including targeted advertising. You may also choose to enable online, where available, a universal tool that automatically communicates your opt-out preferences, such as the Global Privacy Control (“GPC”).  We will process the GPC signal as a request to opt out.

• B. The Business and Commercial Purposes for Which We Collect and Use Your Personal Information:

• To provide, manage, and administer the Services.
• To help us understand which parts of the Services are of most interest to you and customize or personalize your experience. Based on how you browse, use, or otherwise interact with the Services, we may personalize the Services to you.
• To process your payments and fulfill your orders and transactions.
• To respond to your customer support communications and inquiries and assist with in your use of the Services.
• To create, maintain, customize, and secure your account with us.
• To send you marketing and promotional materials and communications, including interest-based and other advertisements, and to analyze and measure their effectiveness.  We may conduct these activities using device identifiers, cookies, pixels, tags, APIs, SDKs and similar technologies.  Details on how to exercise your choices with respect to marketing and interest-based advertisements can be found in Your Privacy Choices.
• To communicate with you, such as through bots, including to respond to your inquiries/requests and request feedback from you, and to send you important updates and messages about changes to our Services, this Privacy Policy, and/or other applicable terms and conditions.
• To review the usage and maintain the operation of our Services.
• To conduct analysis and develop and/or improve our products and Services.
• To monitor, protect, and maintain the security and integrity of our Services and our business, such as protecting against and preventing fraud, unauthorized transactions, claims and other liabilities.
• To comply with applicable laws and regulations and respond to lawful requests and communications from law enforcement and other government officials.
• To carry out sales and business transactions in which information held by us is among the assets transferred or is otherwise relevant to the evaluation, negotiation, or completion of the transaction.
• To protect our rights, privacy, safety, property and/or those of others.
• To fulfill any other purpose for which you provide your Personal Information or as explained to you at the point of information collection.
• To provide you with customized content or targeted offers.
• To send you information, newsletters, and marketing/promotional material from us and, or on behalf of, our marketing partners and affiliates.

• C. Retention 

We will retain your Personal Information for as long as reasonably necessary to provide you with our Services that you request, for marketing purposes unless you opt out as described in our Privacy Policy, or otherwise where permitted or required in accordance with applicable law. We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. What this means in practice will vary between different types of information, and when we consider our approach we take into account ongoing business or legal needs for the information, for example in relation to tax, health and safety, and potential or actual disputes or investigations.

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2. PERSONAL INFORMATION WE COLLECT

There are several ways we may obtain Personal Information about you, including through (A) information you provide to us; (B) information we automatically collect; (C) information we receive from third parties; and (D) combining information from different sources. This includes data that identifies you personally whether directly or indirectly. 

• A. Information You Provide 

We collect Personal Information as listed in the above Notice at Collection from you as follows:  

• When You Use our Services. We collect Personal Information from you when inquire about or create an account to use the Services.  
• When You Make a Purchase. If you purchase services from us, we or our third-party payment processors collect a payment card number or other payment information.  
• When You Provide Information About a Third Party. If you send someone else a communication from our Services, such as sending a gift subscription, present, or promotion to a friend, the Personal Information you provide (e.g., name, contact information) may be used to facilitate communication with such person. 
• When You Provide Information Through Social Media. If you link a social media account through our Services, we may automatically receive certain information about you based on your registration and privacy settings on those third-party services. This may include, but may not be limited to, name, username, demographic information, updated address or contact information, location, interests, and social media and online activity. 

• B. Information We Automatically Collect 

When you visit and interact with our Services, we or our third-party advertising and analytics partners and service providers may use a variety of technologies, such as cookies, tags, SDKs or scripts, to collect certain information regarding your activity.  

The specific types of information that we and our partners and service providers may automatically collect when you visit and interact with our Services include:

• Device and Browser Information. This includes your device’s IP address and/or other unique identifiers, browser type, device type, internet service provider, and operating system. 
• Location Information. When you access our Services from a mobile device, your device’s approximate location (derived from your device’s IP address or other signals) may be collected. 
• Usage Information. When you interact with our Services, certain information may be collected, including the date and time of your visit, the pages you view immediately before and after you access our Services, the areas or pages of our Services that you visit, the amount of time you spend viewing or using our Services, recordings of chat sessions (including with the involvement of bots), and other Site usage information. We (or our third-party vendors) may use tools and software to monitor and record information (including screenshots and videos) about your interactions with our Services, including keystrokes, mouse movements, form field entries, and overall engagement with our Services. 
• Payment Information.  When you make purchases using a credit card or other payment method on our Services, your credit card or other payment information is collected and processed by our third-party payment processors.  We may receive certain information about your payment card from our payment processors, such as the last 4 digits of your card number and its expiration month and year.
• Marketing Information. If you receive an email from us, information may be collected about your interactions with the message (e.g., whether you opened, forwarded, or clicked through to our Site). 
• Third-party analytics technologies. We may use third-party analytics tools to better understand who is using our Services, how people are using them, and how to improve their effectiveness as well as the effectiveness of any related content.

Cookies and Other Similar Technologies: “Cookies” are text files that are placed on your browser by the websites that you visit. Cookies are used for various purposes, including to distinguish you from other users, make your site navigation more efficient, help remember your preferences, enhance your browsing experience, and improve the use and functionality of our Sites and related content. They can also enable the delivery of relevant and personalized advertisements to you across the Internet.

Cookies (and other similar technologies) provided by third parties may be placed on our Sites and the providers of these technologies may combine information collected from your interaction(s) with our Services with information they collect from other sources and use the combined information for analytics and/or advertising purposes. 

To learn more about your choices regarding the automatic collection and use of your information as you browse our Services, please see the Your Privacy Choices and Rights section below. 

• C. Information We Receive from Third Parties 

 We may receive Personal Information from other sources, including online advertising networks and analytics providers, social media platforms, and companies such as data providers that supplement the data that we collect from you.

• D. Combination of Information 

We may combine Personal Information that we receive from various sources. For example, we may combine Personal Information that we collect from you offline with Personal Information we collect from you through our Services. Similarly, we may combine Personal Information that we receive from third parties with Personal Information we already have about you. We use, disclose, and protect combined Personal Information as described in this Privacy Policy. 

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3. HOW WE DISCLOSE YOUR PERSONAL INFORMATION 

We may disclose each category of your Personal Information that we collect to the following categories of recipients: 

• Our Service Providers. We disclose your Personal Information to our service providers that provide business, professional, marketing, analytics, or technical support services to us, help us operate our business and the Services, or administer activities on our behalf. We require our service providers to only use your Personal Information in connection with providing services to ACME.  
• ACME Affiliates. We share your Personal Information with our subsidiaries and affiliates.
• Our Business Partners. We disclose your Personal Information to other companies with whom we partner to provide services or other offerings to you and carry out other related activities.
• Our Analytics Partners. We disclose your Personal Information to our partners that assist us in performing analytics and help us measure the effectiveness of our Services’ content and our marketing and advertising efforts.
• Our Marketing and Advertising Partners. We disclose your Personal Information to third parties for marketing and advertising purposes, including social media platforms, third-party advertising networks, and other parties that assist us in serving and optimizing our advertisements.
• Competent Governmental, Regulatory, and Public Authorities. We may disclose your Personal Information to government and law enforcement authorities, in each case to comply with legal or regulatory obligations or requests. 
• Relevant Third Parties as Part of a Corporate Transaction. In the event of a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with a bankruptcy or similar proceeding), we may disclose or transfer your Personal Information to certain third parties, such as the acquiring entity and its advisers.
• Other Third Parties. We will disclose your Personal Information to other third parties at your direction or with your consent. Additionally, we will disclose your Personal Information as we believe necessary or appropriate to: (a) comply with applicable law; (b) enforce our terms and conditions; (c) protect our operations; (d) protect our rights, privacy, safety, or property, and/or those of you or others; and (e) allow us to pursue available remedies or limit damages that we may sustain. 

We may disclose your Personal Information for other reasons that we will describe at the time of information collection or prior to disclosing your information. 

Please note that we may de-identify or aggregate Personal Information so that it will no longer be considered Personal Information and disclose such information to other parties for purposes consistent with those described in this Privacy Policy. 

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4. YOUR PRIVACY CHOICES AND RIGHTS

You have the ability to make certain choices about how we use your Personal Information, as follows: 

• A. Third Party Opt Outs

You may be able to opt out of receiving certain targeted or interest-based advertisements using the browser opt-out tools and consumer choice mechanisms provided by advertising industry self-regulatory groups by following the links below: 

• Network Advertising Alliance (NAI): https://optout.networkadvertising.org/?c=1 

• Digital Advertising Alliance (DAA): https://youradchoices.com/control 

You also can control whether you see interest-based advertisements on your mobile device(s) in the following ways:

• Your device operating system may provide mechanisms that allow you to opt in or opt out of the use of information about your use of mobile apps to deliver interest-based advertising to your mobile device. For more information, consult your device settings.

• The DAA offers a tool for opting out of the collection of cross-app data on mobile devices for interest-based advertising. To exercise your choices with respect to participating companies, please download the AppChoices tool at www.aboutads.info/appchoices.  

You will need to opt out separately on all of your browsers and devices, as each opt out will apply only to the specific browser or device from which you opt out. If you delete or reset your cookies or mobile identifiers, change browsers, or use a different device, any opt-out cookie or tool may no longer work and you will have to opt out again. 

Even if you choose to opt out of receiving interest-based advertising, you may still receive advertising, but the advertisements may be less relevant. 

Some of our partners may provide you with additional choices with respect to interest-based advertising. For example, certain social media platforms allow you to control your advertising preferences directly through their services. Please review the privacy policies of the third-party services you use for more information. 

If you reside in the United States, depending on your state of residency, you may have additional choices with respect to our use and disclosure of information for sale and interest-based advertising purposes. Details on how to exercise your legal rights can be found below in Section 4.E, “Opt-Out Requests.”

• B. Unsubscribing from our Marketing and Promotional Communications

From time to time, we may send you marketing and promotional communications. If you no longer wish to receive promotional and marketing emails from us, you may opt out at any time by following the instructions included in such messages.

• C. Privacy Rights and Requests 

Depending on your U.S. state of residence, you may have certain rights in relation to your Personal Information, including:

• Right to Know: You may have the right to know what Personal Information we have collected about you, including the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing Personal Information, the categories of third parties to whom we disclose Personal Information (including the names of such third parties), the categories of Personal Information disclosed to third parties, and the specific pieces of Personal Information we have collected about you. Please note that we may not be required to respond to your requests “to know” or access specific pieces of Personal Information more than twice in any 12-month period.
• Right to Data Portability: You may have the right to access your information in a portable format. 
• Right to Delete: You may have the right to request that we delete Personal Information that we have collected from you, subject to certain exceptions.
• Right to Correct: You may have the right to correct inaccurate Personal Information that we may maintain about you, subject to appropriate verification.
• Right to Opt Out of Certain Types of Personal Information Uses and Disclosures:  We use and disclose to third parties Personal Information for analytics and advertising purposes. Accordingly, you may have the right to opt out of the “sale” or "sharing” of your Personal Information, or the use and disclosure of your Personal Information for “targeted advertising” (as these terms are defined in applicable law).

Please note that, where permitted under applicable law, we may decline a request (other than for opt outs) if we are unable to verify your identity (or an agent’s authority to make the request) and confirm the Personal Information we maintain relates to you.

If you are interested in exercising one or more of the rights outlined above, you can contact us at privacy@characterstudio.com or by mail to ACME Character Studio I, LLC, 234 Cabot St., Ste. #5, Beverly, MA 01915. Please put the statement “Your Privacy Rights” in the subject field of your email. We may take steps to verify your identity before responding to your request by asking you a series of questions about your previous interactions with us. Submitting a privacy rights request does not require you to create an account with us.

We will not discriminate against you if you decide to exercise your privacy rights.  

• D. Agent Requests

Only you, or someone legally authorized to act on your behalf, may submit a request related to your Personal Information. You may also submit a request on behalf of your minor child.

Depending on your U.S. state of residence, you may authorize someone to make a privacy rights request on your behalf (an authorized agent). Authorized agents will need to demonstrate that you’ve authorized them to act on your behalf. ACME retains the right to request confirmation directly from you confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent’s identity. 

• E. Opt-Out Requests

You may request to opt out of the sale or share of your Personal Information, or of targeted advertising, at any time by contacting us at privacy@characterstudio.com or by mail to ACME Character Studio I, LLC, 234 Cabot St., Ste. #5, Beverly, MA 01915. 

Submitting an opt-out request does not require you to create an account with us.

Alternatively, you can use certain preference signals to exercise your sale and sharing opt-out right automatically with all businesses that you interact with online, including ACME. If you enable a browser-based opt-out preference signal, such as Global Privacy Control (GPC), upon receipt or detection, we will treat the signal as a valid request to opt out of the sale or sharing of Personal Information linked to that browser and any consumer profile we have associated with that browser. Please note that if you use different browsers or browser profiles, you will have to enable the signal on each browser or profile.

• F. Right to Appeal

Depending on your U.S. state of residence, you may have the right to appeal a decision we have made in connection with your privacy rights request. To appeal a decision, please contact us at privacy@characterstudio.com or by mail to ACME Character Studio I, LLC, 234 Cabot St., Ste. #5, Beverly, MA 01915. 

• G. Notice of Financial Incentive 

We may offer financial incentives to promote our products and services. These may include:

• Requiring the creation of an account in order for consumers to save digital avatars and purchase customized merchandise.  

We may ask you to provide Personal Information in connection with these promotions, including the following Personal Information: first and last name, email address, and postal address. Because these promotions involve the collection of Personal Information, they may be interpreted as “financial incentive” programs under California law or “bona fide loyalty programs” under Colorado law. We use this information for the purposes described above under the section titled “Notice at Collection of Personal Information.” We may share your Personal Information with third parties as described in our “Notice at Collection of Personal Information,” and “How We Disclose Your Personal Information,” including service providers, data analytics providers, advertising technology vendors, and social media platforms. 

Participation in any financial incentive is optional. You may withdraw from the program at any time by emailing privacy@characterstudio.com. If you ask us to delete your Personal Information, we will not be able to provide you with access to these programs.

The value of any financial incentive we offer is reasonably related to the value of any Personal Information you provide to us. We estimate the value of your Personal Information by considering, without limitation, the expenses we incur from collecting your Personal Information and/or providing the financial incentive to you, the revenue generated by your use of the financial incentive, and any improvements we can make to our products and services based on aggregating information obtained through the financial incentive program. 

Please note that we may provide additional terms that apply to a particular financial incentive. If applicable, those terms will be presented to you at sign up.

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5. EXTERNAL LINKS

Our Services may have links to third-party services, which may have privacy policies that differ from our own. We are not responsible for the practices of such sites.

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6. CHILDREN’S POLICY 

We recognize the need to provide further privacy protections with respect to Personal Information we may collect from children on our Services. Some of the features on our Services are age-gated so that they are not available for use by children, and we do not knowingly collect Personal Information from children in connection with those features.

For additional information about our practices in the United States regarding children’s Personal Information, please read our Children’s Online Privacy Policy <link>.

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7. DATA SECURITY

We have implemented physical, administrative, and technical safeguards to maintain the security, confidentiality, and integrity of your information. However, as no transmission of information over the internet is absolutely secure, we cannot guarantee the safety of your information.

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8. REVISIONS TO THIS PRIVACY POLICY

We reserve the right, in our sole discretion, to change, modify, add, remove, or otherwise revise portions of this Privacy Policy at any time. When we do, we will post the change(s) to our Services. Your continued use of our Services following the posting of changes to these terms means you accept these changes. If we change the Privacy Policy in a material way, we will provide appropriate notice to you. Such notice may be provided via a temporary banner on our Site, an email sent to users for whom we have an email address, or by temporarily noting “UPDATED” next to the Privacy Policy link on the footer of our Site.   

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9. HOW TO CONTACT US

If you have any questions or concerns about this Privacy Policy or the practices described herein, you may contact us at privacy@characterstudio.com or by mail to ACME Character Studio I, LLC, 234 Cabot St., Ste. #5, Beverly, MA 01915.

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