Updated and Effective as of January 24, 2023
2. General Audience Sites
The Hallmark Media Properties are not intended for use by children under the age of 18. We do not knowingly collect personal information from children under the age of 18.
3. Information We Collect
Information you provide directly to us. When you use the Hallmark Media Properties, we ask you to provide us with certain information. This information will depend on the Hallmark Media Properties you interact with, and may include without limitation:
- First and last name
- Email address, phone number and other contact information
- Shipping and billing addresses
- Demographic information, such as your date of birth and gender
- Account information, such as your Hallmark Movies Now membership information
- Watch list or other favorites information
- Information provided by you in responses to surveys, quizzes, or in community forums
- Information provided by you as you interact with our Consumer Care team
- Information provided by you as you provide feedback through the Hallmark Media Properties on our products or services
- Information relating to transactions and products and services purchased, including payment information
Information collected automatically. We, our service providers, business partners, and/or other third parties may automatically collect and/or store certain information when you visit or interact with the Hallmark Media Properties (“Usage Information”). This Usage Information may be stored and/or accessed from your computer, tablet, mobile phone, or other device whenever you visit or interact with the Hallmark Media Properties. Usage Information may include, but is not limited to:
- Your IP address, mobile device identifier and other unique identifiers
- Device information, including device model, operating system version, device date and time, mobile network information
- Geolocation of your device
- How you use and interact with the Hallmark Media Properties, including your search terms, pages you visit, content you watch, and your preferences
Usage Information may be collected through the use of the following technologies:
· Cookies and Local Storage. Cookies and local storage are data files placed within a browser on a device when it is used to visit the Hallmark Media Properties. Certain web browsers and browser add-ons may provide additional local data storage mechanisms. Cookies and local storage can be used for a variety of purposes, including to store a unique identifier for your device that recognizes your device as you visit the Hallmark Media Properties or other websites or online services, and to remember your preferences. Most browsers provide you with the ability to disable, decline, or clear cookies and local storage; please check your browser’s settings for further information. However, if you disable cookies you may find this affects your ability to use certain parts of the Hallmark Media Properties. For more information about cookies, please visit https://www.aboutcookies.org.
· Web Tags. Small graphic images or other web programming code (also known as 1x1 GIFs or clear GIFs) may be included in our web pages and email messages. These and similar technologies may be used for a number of purposes, including to count visitors to the Hallmark Media Properties, to monitor how users navigate Hallmark Media Properties, to count how many of our email messages were opened, or to count how many particular products were viewed. The information we collect through this technology may include the first date and time you open our email, and whether you click any links included in our email.
· Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Hallmark Media Properties, such as the links you click on. The code is temporarily downloaded onto your device from our server or a third-party service provider or business partner, is active only while you are connected to a Hallmark Media Property and is deactivated or deleted thereafter.
· ARKit. Our Hallmark Movie Checklist iOS app may use Apple's ARKit programming library in order to offer certain camera-based features, including allowing users to add image and video content to photos taken and videos recorded via an Apple mobile device's front-facing camera. The ARKit library includes Apple's TrueDepth API, which automatically records data related to your mobile device's camera positioning while using these camera-based features. Data gathered by the TrueDepth API does not leave your device.
Information from Third Parties. We may receive information about you from third parties, such as business partners (including companies that assist us with online advertising and analytics), data providers who enhance the information we have about you, sources of publicly available information
Social Media. We may host or facilitate interactions with social media platforms, like Facebook, Twitter, YouTube, Pinterest, and Instagram. You may also have the opportunity to log in through or otherwise connect your social media account. When you interact with social media through the Hallmark Media Properties, we will receive information about you from the social media service and you will be choosing to share information about your interactions with Hallmark Media with that social media service.
If you choose to post information to a third party platform, that information may be public.
You acknowledge that, if you choose to post on a third-party platform any information about your viewership of our audio visual materials, or by liking or sharing any such 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.
4. How We Use Your Information
We work hard to get to know you so that we can customize and personalize our services to you.
a. Allowing you to use and interact with the Hallmark Media Properties and the features we offer, including processing your transactions, account registration, and personalized offerings;
b. Recognizing you across devices including in connection with online advertising;
c. Identifying your preferences, learning and anticipating your needs, and tailoring our content, products, and services to you, including advertising, recommendations, promotions, and offers we display to you, both online and offline;
d. Providing information on products/services we think you may be interested in, including special offers and promotions from us, our advertisers, and third-party partners;
e. Responding to your requests for information and providing customer service;
f. Improving our products, services, and marketing endeavors;
g. For internal business purposes, including operating the Hallmark Media Properties, improving our products, services, and marketing endeavors, and resolving technical issues reported about the Hallmark Media Properties;
h. Contacting you regarding your use of the services and, in our discretion, changes to our policies;
i. Facilitating your job search, processing your employment application, and preparing related governmental and internal statistics reports;
j. Complying with the law and protecting the safety, rights, property, or security of Hallmark Media, the Hallmark Media Properties, consumers, and the general public, including investigating and preventing fraud, illegal activities, and activities that violate our policies;
k. Upon notice to you at the time of collection or use of a feature, or otherwise with your consent.
5. How We Share Your Information
We may aggregate, de-identify, and/or anonymize any information such that this information is no longer linked to your personal information. We may share this non-personal information with third parties for any purpose, including for advertising, research and marketing purposes.
At Your Request and When You Post Content Publicly. 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 write a review, stream Hallmark Media Properties content via an OTT media service or cable provider, 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.
Affiliated Third Parties. We may share your information with our affiliates and subsidiaries for business, analytical, and operational purposes. We also share personal information with these affiliated companies so that they may contact you with their own direct marketing (we do not share your personal information with unaffiliated third parties for those third parties’ own direct marketing purposes unless you consent (opt-in or opt-out) to such sharing). You may opt out of sharing this information with our affiliated companies by contacting us as described in the “How to Contact Us” section below. Please note that if you are already receiving marketing communications from one of our affiliated companies, you will need to opt-out directly with that company in order to stop receiving their messages.
Service Providers. We may use third party service providers to perform certain services on our behalf, or to assist us in providing our services to you, and we will disclose information in order for them to provide those services. Examples include using a payment processor, customer service provider, email marketing provider, delivery services, data analysis provider, streaming content platform, and other administrative services.
Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, or other promotions (any of which, 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 contain specific requirements of you (including, 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 in connection with winner selection, prize fulfillment, as required by law, or as permitted by the Promotion’s terms or official rules (such as on a winner’s list).
Employment Applications. If you apply for a job through the Hallmark Media Properties, we or our service provider(s) may ask you to provide self-identifying information such as your veteran status, gender, and ethnicity in conjunction with laws and regulations enforced by the Equal Employment Opportunity Commission and other federal, state, and local regulatory agencies. Providing such self-identifying information is voluntary, but if you do provide such information, we and/or our service provider may submit that information to the appropriate government or regulatory agencies to fulfill reporting requirements and use that information to defend against employment-related complaints. Please note that we may utilize a careers portal that is operated by a third party, in which case, your registration and use of the careers portal will be subject to the third party’s privacy practices as disclosed on the portal.
Business Transitions. We may disclose your information in connection with a corporate transition such as a merger, acquisition, bankruptcy, or sale of all or a portion of our assets, including during the course of any due diligence process. By providing your personal information, you agree that we may transfer such information to the other entity in such a transaction without your further consent.
For Administrative and Legal Reasons. We reserve the right to use or disclose any information as needed to satisfy or fulfill our obligations under any law, regulation, or legal request; to protect the integrity of the Hallmark Media Properties; to fulfill your requests; to cooperate in a law enforcement investigation, an investigation on a public safety matter, or an investigation into claims of intellectual property infringement; to protect and defend the legal rights and/or property of Hallmark Media and any of our corporate parents, subsidiaries, affiliates, and shareholders, or the Hallmark Media Properties, any of its users, or any other party; or, in an emergency, to protect the health and safety of Users or the general public.
6. Third Party Advertising and Analytics
Hallmark Media works with third party business partners, including online advertising companies, ad agencies, and analytics providers to serve Hallmark Media ads online, to serve third party ads through the Hallmark Media Properties, and to provide us with information regarding the use of the Hallmark Media Properties and the effectiveness of our advertisements. Hallmark Media allows these companies to place tracking technologies like cookies and web tags on our Hallmark Media Properties, 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 Hallmark Media Properties or other online websites and services. We may share information, typically information that has been aggregated or de-identified, Usage Information, and location information with third party advertising companies, analytics providers, and other third parties, including for the purpose of serving you more relevant ads on and off the Hallmark Media Properties.
We use a variety of third parties to perform advertising and analytics services, and some of these companies may be members of the Network Advertising Initiative (“NAI”) or Digital Advertising Alliance (“DAA”). You may wish to visit https://optout.networkadvertising.org/, which provides information regarding targeted advertising and the opt-out procedures of NAI members, including opt out mechanisms for web browsers, mobile and other connected devices, and a tool to opt out from participating NAI members using your hashed email address for interest-based advertising. You may also want to visit https://optout.aboutads.info/, which provides information regarding targeted advertising and offers an opt-out for DAA-participating companies.
Mobile devices may contain settings that allow you to disable tracking advertising and/or analytics. In addition, the digital advertising industry has provided the ability for mobile users to register their intent not to receive targeted advertising at http://www.aboutads.info/appchoices.
Please note that opting out through these mechanisms does not opt you out of being served advertising, and that you will continue to receive generic ads while online.
If you are a California resident, please see our NOTICE TO CALIFORNIA RESIDENTS regarding additional rights you have, including how to exercise your “Do Not Sell” right.
7. How We Respond to “Do Not Track” Signals
Do Not Track (“DNT”) signals offered by some web browsers are settings that request that a web application disable its tracking of an individual user. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites, analytics companies, ad networks, plug in providers, and/or other web services you encounter while browsing to stop tracking your activity. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we may not alter our practices when our systems receive a “Do Not Track” signal from a visitor’s browser, but will do so where required by law. You can learn more about Do Not Track at www.allaboutdnt.com.
8. Your Choices About the Information We Collect
We may provide you with the option to update your information or to opt out of marketing communications through the profile and/or preferences section of your account. In addition, you may opt-out of marketing communications as set forth below.
Text Messages. If you sign up to receive SMS or MMS messages from Hallmark Media or one of our brands, you may unsubscribe by replying “STOP.”
Push Notifications. We may send promotional and non-promotional push notifications or alerts to your mobile device, and may in some cases do so based on your device’s location or physical proximity to a beacon. You can elect to stop receiving those messages by changing the notification settings on your mobile device.
Other Privacy Rights. If you are a California resident, please see our “Notice to California Residents” section below for additional information about how to exercise your privacy rights. If you are a Nevada resident, please see our “Notice to Nevada Residents” section below for more information on additional rights you may have.
Hallmark Media takes commercially reasonable steps designed to secure your personal information; however no data transmission over the Internet, wireless transmission, or electronic storage of information can be guaranteed to be 100% secure. Hallmark Media cannot ensure or warrant the security of any information we collect. You use the Hallmark Media Properties and provide us your information at your own risk.
10. Third Party Content and Links
The Hallmark Media Properties may contain content that is served by someone else or links to third-party content or websites. Hallmark Media does not control this content or these sites. The third-party operators and content providers use their own cookies or other tracking technologies, and they may independently collect information from or about you. Hallmark Media is not responsible for the privacy practices employed by any third party.
11. Consent to Transfer
Hallmark Media is based in the United States. Please be aware that your connection will be through and to servers located in the U.S. and other countries. By using the Hallmark Media Properties or providing us with any information, you fully understand and unambiguously consent to this transfer to, and processing, usage, sharing and storage of your information in the United States and in 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.
12. How to Contact Us
You may contact us as follows:
For Hallmark Movies Now: firstname.lastname@example.org or 1-844-446-5669 (1-844-4-HMK-NOW)
For all other Hallmark Media services: email@example.com or 888-390-7474
Hallmark Media Customer Care
Mail Drop 216
P.O. Box 419034
Kansas City, Missouri 64141
13. 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 we collect 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 by contacting us as set forth in the “How to Contact Us” section above. You may also use this contact to submit any requests for information on our 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/.
14. Notice to California Residents
Please click here for our Notice to California Residents.
15. Nevada Consumer Opt-Out Requests
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 firstname.lastname@example.org. 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.