Last Updated: February 21, 2023

This Privacy Policy explains how Fandango Media, LLC and its subsidiary companies, including the businesses operating under the Fandango, FandangoNOW, Vudu, Rotten Tomatoes, Flixster, Movieclips, Movies.com, Activaterewards.com, MovieTickets.com, or M-GO brands (“Fandango”, “we”, “our” or “us”), collect, use, and share information from or about you when you use our websites, downloadable applications, interactive TV applications, voice-activated skills, other digital services, connected devices, and off-line services that link to this policy,  or if you generate ratings/reviews/public comments/content on our properties or engage in business with us (the “Services”). This Privacy Policy is subject to, and shall also include, the other Terms and Policies.

Our Owners

When the Services receive or collect information, that information is being received and collected, and will be owned, by Fandango and each of “Fandango's Owners” (i.e., each company that has an ownership interest in Fandango). While Fandango's use, handling, disclosure and practices with respect to that information will be governed by this Privacy Policy, each Fandango’s Owners’ use, handling, disclosure and practices with respect to that information will be governed by that Fandango’s Owners’ privacy policy. Fandango's Owners are currently NBCUniversal and Warner Bros. If you want to learn more about the privacy practices of NBCUniversal and Warner Bros., we encourage you to review their policies (linked below):

• NBCUniversal Privacy Policy
• Warner Bros. Privacy Policy

NOTICE OF ARBITRATION PROVISIONS:

Your use of our websites and our other services are subject to binding arbitration of any disputes which may arise (other than to the extent that they cannot be resolved informally or in small claims court), as provided in the Terms and Policies. Please read the arbitration provisions of the Terms and Policies carefully and do not use the Services if you are unwilling to arbitrate any disputes you may have with us as provided in our Terms and Policies.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. BY USING THE SERVICES, YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THIS PRIVACY POLICY AND THAT WE WILL COLLECT, USE AND SHARE YOUR INFORMATION AS SET FORTH BELOW.

1. PERSONAL INFORMATION WE COLLECT AND PURPOSES

The tables below explain the categories of information we collect and the purposes for which we use them. Please note that we may use any or all of this information to comply with the law, detect or prevent fraud, for safety and security purposes, and to defend our legal rights. Further detail about each of the purposes is set out in the “Additional information on purposes of use” table below.

We may combine all the information we collect from or receive about you for the outlined purposes. We may aggregate or deidentify your information and may use, share, rent or sell aggregated or deidentified information for any purpose, and such information is not subject to this Privacy Policy.

Sale of Personal Information: If you, or someone acting on your behalf, would like to request that we do not sell your personal information, you can either click here for such request, or send an email to [email protected]. You will also need to clear your cookies and re-set your MAIDs, if referenced in the link. For more information about how to opt-out of receiving targeted advertising from certain third party advertisers, please see our Cookies Notice.

2. WHEN WE SHARE YOUR INFORMATION

We may disclose your information to:

• Theaters and Event Providers: We may share information so that they may admit you, or address customer service issues at the theater or venue, or help process your ticketing or transactions, or otherwise to fulfill the Services.
• Advertisers, Advertising Networks, and Other Third Parties: We may disclose information about how you use the Services and interact with content or ads to better tailor services, products, marketing and advertising on the Services and on third-party platforms. To enable these purposes, we may share certain demographics and interest information, user-generated content, device information and identifiers, connection and usage data, geolocation data, public and commercial information, and social media information. These third parties may use their own tracking technologies to collect or request information about you, please see our Cookies Notice for details.
• Partners: We may disclose your information to certain third-party partners. Depending on the partnership, we may disclose certain information including contact information (at your direction), identification and demographic and interest information, transactional information, user-generated content that you provide, research and feedback, device information and identifiers, connection and usage information, public and commercial information, and social media information. Partners may use your information pursuant to their own policies. We may also share your information with third parties that provide video locker services if you purchase a movie or other show to view at home. Examples of such a third party would be Movies Anywhere. Similarly, we may share your information with the providers of loyalty programs if you take an action in the Services indicating that you would like to obtain a benefit under such a program through activity on the Services. Partners may use your information pursuant to their own policies.
  • For instance, when you direct us to disclose your personal information to another company to fulfill your request, such as:
    • If you enter a contest or sweepstakes sponsored by a third party, we may disclose the information you provide for that entry with the sponsor.
    • When you book travel packages with us that include goods or services provided by third-party partners, such as airlines, ground transportation providers, third-party hotels, and travel insurance providers.
    • For service authentication.
    • If you make a purchase for a third-party product in one of our online shops, we may disclose the information you provide to allow for the fulfillment of that order.
• Social Networks: We may disclose your information to social media platforms for example, if you click on a Facebook “like” button on the Services, the “like” may appear on your Facebook account. Or you may choose to provide information directly on these platforms using sharing plug-ins. To control this sharing of information, please review and adjust your privacy settings for the relevant social network. Depending on your privacy settings and actions on such network, we may disclose contact information, identification and demographic and interest information, user-generated content, device information and identifiers, connection and usage data, and social media information.
• Service Providers: We engage vendors to perform services for business purposes on our behalf and provide information to them to enable them to provide us with such services, including research and analytics, hosting, transaction and payment processing, promotion administration, fraud prevention, identity management, acquisition and other services. Service providers may use such information for their operational purposes in order to provide their services to us.
  • Research and Measurement Companies: We may provide information about content you view on the Services with video measurement services such as Nielsen TV Ratings, as well as other analytics providers. See Your Rights and Your Choices sections for more information.
• Search Engines: You may be able to engage with other members of the Services or the public. This may make the name and photo associated with your profile and any comments or user-generated content you provide visible to other members of the Services or the general public. If the information is available to the general public, it may also be searchable by search engines.
• Law Enforcement, Regulators, Anti-fraud Coalitions and Other Groups: We disclose any of the categories of information we collect, as appropriate, with these third parties in order to: protect and enforce the legal rights, privacy, and safety of ourselves and our visitors; protect against possible fraud or other illegal activity; respond to requests from government and other authorities; and otherwise comply with legal process.
• Other Sharing: We may provide connection and usage information about you, often along with a hashed or masked identifier (contact information), with third parties such as partners and social networks to inform the advertising and other offers we send you and for advertising measurement or analytics. With your appropriate consent when required, and consistent with applicable law, we may disclose your video viewing behavior with third parties including service providers, advertising companies, analytics partners, and social media sites.
• Sale or Transfer of All or Part of Our Business or Assets: In the event that Fandango (or any Fandango business) is involved in a merger, acquisition, transfer of control, bankruptcy, reorganization or sale of assets, we may sell or transfer the information described in this Privacy Policy as part of that transaction or diligence associated with or in contemplation of such matters.

Incentive Programs (California Residents Only)

The Services may offer opportunities to receive certain services or benefits such as discounts or free or extended services (such as bonus streaming time or additional videos), which may require the provision of personal information. Such opportunities could be considered a financial incentive under applicable law (each, an “Incentive Program”). When you participate in an Incentive Program, you agree to the terms of that Incentive Program, and may revoke your participation in the Incentive Program depending on the Incentive Program (e.g., by opting out of emails or terminating a streaming service). To the extent we can determine the value of your information, we consider the value of providing you with a more personalized experience as well as the expenses we incur in providing Incentive Programs that are reasonably related to the costs associated with offering the incentives.

3. LEGAL BASIS FOR USE OF YOUR INFORMATION

Laws other than the federal, state and local laws of the United States do not apply to our watch-at-home movie Services (e.g., FandangoNOW/M-GO and Vudu) as content from those Services can be viewed only in the United States. Similarly, for our movie ticketing Services (e.g., Flixster, Fandango.com and MovieTickets.com), the only laws that shall apply are the laws of the countries in which the theaters ticketed by each respective Service are located. The information set forth below in this section is applicable only to European Users of Rotten Tomatoes. It supplements certain sections of this Privacy Policy and provides additional information that should be read together with other sections of this Privacy Policy. To the extent there is any conflict between this section and another section of this Privacy Policy, this section shall govern.

When this policy mentions “Fandango”, “we”, “our” or “us”, it refers to the company or companies responsible for your information under this Privacy Policy (or “Data Controller”). This includes Fandango Media, LLC and Fandango’s Owners (as defined above), currently NBCUniversal, LLC and Warner Bros (please see above for further information on these companies).

The laws of some jurisdictions, such as the European Union, the UK, or Brazil, require companies to tell you about the legal basis for using, sharing, or disclosing your information. To the extent those laws apply, we may rely on the following legal bases:

• Performance of a contract: where use of your information is necessary to provide you with the Services under a contract, for example the terms of service.
• Legitimate interest: where use of your information is necessary for our or others’ legitimate interests and where the use is not outweighed by your rights and interests. Below are some examples of such interests:
  • providing the Services
  • improving the Services and developing new ones
  • recognizing and better understanding our users, including across platforms
  • conducting security and fraud prevention activities
  • marketing and promoting our content and services
  • building and managing business-to-business relationships
  • conducting compliance and risk management activities
  • providing and managing access to our systems
• Legal obligation: where use of your information is necessary to comply with laws and regulations such as those relating to anti-bribery and corruption and anti-money-laundering, complying with requests from government bodies or courts, or responding to litigation.
• With consent: we may ask for your consent to process your information in a certain way. Where we rely on this basis, you have the right to withdraw your consent at any time – please see the Your Rights and Your Choices sections below to do this.

How Long We Keep Your Information

We will keep your information only for as long as it is necessary to fulfill the purposes described above, unless a longer retention is required or permitted by law. In determining how long to retain information, we consider the amount, nature and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the purposes for which we process the information, applicable legal requirements, and our legitimate interests. The purposes for which we process information (as well as the other factors listed above) may dictate different retention periods for the same types of information. For example, we retain your email address as an authentication credential (where applicable) as long as you have an account with us and an additional period of time after that for our legitimate interests and for our fraud and legal compliance purposes. If you opt out of email marketing, we maintain your email on our suppression list for an extended time to comply with your request.

We may delete or de-identify your information sooner if we receive a verifiable deletion request, subject to exemptions under applicable law. The retention period that applies to your information may vary depending on the Services you use and how you interact with them. In addition, in the event you have an account that holds credits, point balances or other entitlements, we may continue to hold the account to allow you to obtain the benefit in accordance with the relevant terms and conditions.

4. CHILDREN

The Services are not designed or intended for use by children under 13, and thus if you are under 13 we ask that you do not use the Services or provide us with any information. If we discover that we have inadvertently gathered any such information then we will, to the extent required by law, delete such information from our records. There is one exception to this: when children's content is viewed within the Vudu service, the Vudu Children's Privacy Policy shall apply. If a parent or guardian becomes aware that his or her child under 13 has provided us with information without his or her consent, he or she should contact us at [email protected].

If we knowingly collect personal information on a child-directed service or from a user we have actual knowledge is a child, we will retain that information only so long as reasonably necessary to 1) fulfill the request or allow the child to participate in the activity, 2) ensure the security of our users and our online services, and/or 3) as required by law. If we learn we have collected personal information from a child in a manner inconsistent with COPPA's requirements, we will either delete that personal information or seek parental consent.

5. YOUR RIGHTS

Depending on where you live, you may have certain rights with respect to your information. You have the right not to be discriminated against (as provided for in applicable law) for exercising your rights under some local laws such as in California.

For example, under local laws, including in the European Union, you may be able to ask us to:

• provide access to certain information we hold about you, in some cases in a portable format, if technically feasible
• update or correct your information
• delete certain information
• restrict the use of your information

We will respond within the time period prescribed by applicable law. Please note that many of the above rights are subject to exceptions and limitations. You have the right not to be discriminated against (as provided for in applicable law) for exercising your rights under some local laws such as in California.

Some Services can be provided only if we have your information, therefore deletion of your information will result in termination of such Services.

We will take reasonable steps to verify your identity, including authenticating you through an email address. We may require further documentation such as a password and user ID before granting access to your information.

You may submit the following types of requests as follows:

• Request Categories of Information: If you, or someone acting on your behalf, would like to request that we tell you the categories of personal information we collect, the categories of sources from which personal information is collected, the business or commercial purpose for collecting or selling the personal information, the categories of third parties with which the business shares personal information, the categories of information about you that we sell, the categories of third parties to whom the personal information was sold, or the categories of personal information that were disclosed for a business purpose, you or someone acting on your behalf can either click here for such request, or send an email to [email protected].
• Request Specific Information: If you, or someone acting on your behalf, would like to request that we tell you about some of the specific personal information that we hold about you, you or someone acting on your behalf can either click here for such request, or send an email to [email protected].
• Request Correction: If you would like to request that we correct certain personal information that we hold about you, you can either click here for such request, or send an email to [email protected].
• Request Deletion: If you, or someone acting on your behalf, would like to request that we delete information that we hold about you, you or someone acting on your behalf can either click here for such request, or send an email to [email protected]. Note that certain information about you will not be deleted if you request such a deletion, as may be permitted by law. Also note that we will not be able to provide you with certain Services upon a deletion. You will also need to clear your cookies and re-set your MAIDs, as referenced in the link.
• If you are a California resident business contact and want to make an access, correction, or deletion request, please send an email to [email protected].

California residents may view annual consumer request metrics here.

Your rights and our responses will vary based on your state or country of residency. Please note that you may be located in a jurisdiction where we are not obligated, or are unable, to fulfill a request. In such a case, your request may not be fulfilled. If you have any unresolved concerns, you may have the right to complain to your data protection authority. In addition, the above requests do not apply to Fandango’s Owners, who are currently NBCUniversal and Warner Bros. To send them requests, please visit their websites.

Colorado, Connecticut, and Virginia residents may appeal the denial of a request here. We will respond within the legally required time period, including a written explanation of the results of your appeal.

“Privacy Choices”: Do Not Sell or Share or Process My Personal Information for Targeted Advertising (California, Colorado, Connecticut, Utah, and Virginia Residents only)

• California, Colorado, Connecticut, Utah, and Virginia residents may opt out of the “sale” of their personal information. Such residents may also opt out of the sharing or processing of their personal information for targeted advertising.
  • We provide third parties such as advertisers and advertising networks (including social media networks) information including identification and demographics; device information and identifiers, such as IP address, and unique advertising identifiers and cookies; connection and usage information, such as browsing history or app usage; hashed identifiers [contact information], geolocation information, such as city; and inference data in order to enable marketing to you and delivery of targeted advertising on the Services or other sites. Advertising, including targeted advertising, enables Fandango to provide you certain content for free and provide relevant offers to you. The disclosure of such personal information listed above to these third parties to assist us in providing these services may be considered a “sale” of personal information under applicable law and is sharing of personal information and the processing of personal information for targeted advertising purposes.

If you or (in certain states where required by law) your authorized agent would like to opt out of Fandango's use or disclosure of your information for such purposes (to the extent this is considered a sale, share, or targeted advertising), you may do so in the footer or settings menu of the brand with which you engage by selecting “Do Not Sell My Personal Information” link.

You may still receive advertising, including personalized ads based on Fandango data on the Services. On some of our websites and applications when you click the “Do Not Sell My Personal Information” link in the website footer or in the application settings menu, you will be shown a tool that allows you to opt out of the online “sales” and sharing/processing of personal information for targeted ads on the website and application. Please note, if you use different browsers, devices, or services you will need to make your elections separately. In some cases, you may also be presented with form fields to complete, in those cases we ask for your email address or other information so we may add it to an appropriate suppression list. In other cases, you will be directed to this page where we provide additional information and options for you to learn more about your choices and how to opt out from interest-based advertising more broadly.

Please note, if we do not detect that you are in California, Colorado, Connecticut, Utah or Virginia, the opt out of sale or sharing/processing for targeted advertising data choices will not apply even if you take the actions described above.

Please note that if you have a legally-recognized browser-based opt out preference signal turned on via your device browser (such as Global Privacy Control), we recognize such preference in accordance with and to the extent required by applicable law.

Sensitive Data

We may use certain sensitive personal information as allowable by law for purposes including analytics and to enable marketing to you and the delivery of targeted advertising on the Services or other sites, such as displaying an ad relevant to your precise location data.

• You can change your precise geolocation permissions for our mobile apps in your mobile device settings.

Additional Rights for California Residents: Residents of the State of California may request a list of all third parties to which the Services have disclosed certain personal information (as defined by California law) during the preceding year for those third parties' direct marketing purposes. If you are a California resident and want such a list, please contact us at Fandango, Attn: Privacy Officer, 407 N. Maple Dr., Suite 300, Beverly Hills, CA 90210. For all requests, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. In the body of your request, please provide enough information for us to determine if this applies to you. You need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via the telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

6. YOUR CHOICES

Cookies and Similar Technologies

We and our service providers, advertisers, and other third parties use cookies and similar technologies (e.g., HTTP cookies, HTML 5, flash local storage cookies, web beacons, GIFs, embedded scripts, ETags/cache browsers, hashed identifiers and software development kits) to recognize you on, off, and across the Services and your devices. For more information about the use of cookies and similar technologies on the Services (including your opt-out choices) please see our Cookies Notice.

Mobile App and Connected Devices

Depending on the device you use, you may be able to manage your advertising and location preferences through your device settings and as outlined in our Cookies Notice. Many operating systems provide their own instructions on how to prevent the delivery of tailored in-application advertisements. We do not control how the applicable platform operator allows you to manage personalized in-application advertisements. You should review your device manufacturer’s support materials and/or the device settings for the respective operating systems for more detail on how to manage such preferences.

You may opt out of location data collection on our mobile app(s) by managing your location preferences in the “My Account” section of that app, or by disabling the GPS services for that app on your mobile device. To adjust access to location data, go to the settings menu on your mobile device and adjust the location configurations for the Fandango app.

You can stop all collection of information by a mobile app by uninstalling the app.

Third-Party Online Services

The Services may be provided through and/or utilize features (such as voice controls) of third party platforms or contain links to third party services. These other platforms (such as gaming systems, smart TVs, mobile devices, and set top boxes) and sites (even if co-branded as Fandango) may collect information about you and use this information in accordance with their own privacy policies and terms of service. We do not control those third parties’ policies or practices. Where Fandango collects personal information on a co-branded website or service, we will provide a link to our privacy policy as appropriate. In some circumstances, we may host some websites on behalf of others and those entities may place or permit the placement of cookies and other tracking technology.  We are not responsible for these tracking practices.

Google Maps

If you use Google Maps / Google Earth as part of the Services, you agree to comply with the Google Maps / Google Earth Additional Terms of Service (including the Google Privacy Policy). Further, you agree that Google, and not Fandango, shall be responsible for any of your information Google receives as a result of your use of Google Maps / Google Earth.

7. HOW WE PROTECT YOUR INFORMATION

We maintain organizational, technical, and physical safeguards to help protect the information we collect and use. These safeguards vary depending upon a variety of factors including the sensitivity of the information we collect and use. Despite all reasonable practices, no security method is infallible.

8. INTERNATIONAL TRANSFERS

Fandango is a global company and has its headquarters in the United States. We may transfer your information to those described in this Privacy Policy outside of your country of residence, including in the United States and other countries. This is necessary to provide the Services and for the purposes outlined in this Privacy Policy. Data privacy laws vary from country to country and they may not be equivalent to, or as protective as, the laws in your home country. We take steps to ensure that reasonable safeguards are in place with an aim to ensure an appropriate level of protection for your information, in accordance with applicable law. By providing us with your information, you acknowledge any such transfer, storage or use.

9. UPDATES TO OUR PRIVACY POLICY

We reserve the right to amend this Privacy Policy at any time to reflect changes to our practices or the law. We will make the revised Privacy Policy accessible through the Services. Please check the Services periodically for updates.

The date at the top of this Privacy Policy tells you when it was last updated. If we make material changes to the way we collect or use your information, you will be provided with appropriate notice, including, but not limited to, by posting the updated Privacy Policy on this website, and providing notice in accordance with legal requirements. Any changes to this Privacy Policy will become effective when the revised Privacy Policy is posted. By continuing to use the Services following any changes to this Privacy Policy, you acknowledge you have read and understand the updated Privacy Policy, and you understand that we will collect, use, and share information as stated therein.

10. CONTACT US

For any questions in relation to this Privacy Policy, please contact us at [email protected] or Fandango, ATTN: Legal Department, 407 N. Maple Dr., Suite 300, Beverly Hills, CA 90210.

11. CANDIDATE PRIVACY POLICY

To find out more about the information we collect during our recruitment process, please see the Candidate Privacy Statement of our parent company, NBCUniversal. We have separate privacy policies for workforce data, which is governed by the policies of our parent company, NBCUniversal.

12. APPLE APPTRACKINGTRANSPARENCY FRAMEWORK FAQ

If you use Fandango applications on an Apple device, you may notice some changes both in the app store and in the consents available. In an effort to provide clarity, we have offered some additional information below.

• How do the categories in the Apple menu compare with your Privacy Policy?
  • The Apple menu reflects categories of information collected through our Apple app while our Privacy Policy covers information collected through both Apple and non-Apple app products and services.
  • Apple provided pre-defined categories that cannot be changed or clarified within the app store. Our Privacy Policy provides a more detailed overview of the categories of data we collect with examples to help you understand more about our services.
  • There are some differences in Apple’s categories and the categories in our Privacy Policy. For example:
    • We use the category “transactional” to describe credit cards and other information that may be collected during a purchase as well as your purchase history and Apple uses the term “financial” to describe credit cards and “purchase history” to cover other information related to your purchase.
    • We use the term “connection and usage” to describe data collected from your browsing history, search term history, and other interactions with our applications (such as clicking on a news story) while Apple uses “browsing history”, “search history” and “usage data” respectively.

• The Apple store says my information is linked. What does that mean?
  • Depending on the app you are using, we or our partners may link data collected on your application to your account, device, or identity for a variety of purposes. For example, we and our partners may link information in order to:
    • Personalize your experience by tailoring viewing and content recommendations to you;
    • Identifying you when you log-into our services so we can remember where you left off on a movie or tv show you were viewing;
    • Customize advertising or marketing messaging; or
    • As otherwise described in our Privacy Policy.

• The Apple store says my information is being used to track me. What does that mean?
  • Depending on the app you use, we may use information collected from that app (including user or device data) together with data collected from other apps, websites and properties we do not own to tailor advertising on our app, inform you of our products and services outside of the app, and measure those activities using third parties. This helps us to continue to provide you with the high-quality content that you love to watch and read as well as offers that are more relevant to you.

• If I do not consent to ‘tracking’ on an Apple device what happens?
  • Apple’s tracking consent restricts Fandango from linking data collected from that app with third-party data for targeted advertising or advertising measurement. If you do not consent within a specific Fandango Apple app, you may still receive tailored advertising or content recommendations from us, including targeted ads or recommendations based on the data that we collect from you directly elsewhere, including data collected across other Fandango (or its co-owners’ NBCUniversal and Warner Bros.) applications, websites and platforms or based on data collected directly by our co-owners NBCUniversal and Warner Bros. In addition, your choice does not affect the data collected prior to the launch of Apple’s Tracking Transparency framework. For more recently collected data, we will apply your most recent tracking choice to all the applicable data collected since the launch of the framework. For more information about your choices around data collection generally, please see the Your Rights and Your Choices sections in our Privacy Policy.