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Privacy Policy

Last Updated: March 13, 2018

INTRODUCTION

Welcome!  You have arrived at a web site or mobile app that is provided by Boom Entertainment, Inc. (“Company” or “we,” “our” or “us”).  This “Privacy Policy” governs your use of www.boom-studios.com, www.kaboom-studios.com, and www.archaia.com (including, without limitation, both mobile and online versions of our site), and also applies to your use of all features, applications, content, downloads and other services that we make available through the site or app and/or that post a link to this Privacy Policy (collectively, referred to herein as the “Service”), regardless of how you access or use the Service, whether via personal computers, mobile devices or otherwise.  This Privacy Policy does not apply to our data collection activities offline or otherwise outside of our Service (unless otherwise stated below).

To the extent we provide you notice on our Service of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall govern such data collection and use.

In addition, please review the Service’s Terms and Conditions, which governs your use of the Service.  By using our Service, you consent to our Privacy Policy and Terms and Conditions and our collection, use and sharing of your information and data, and other activities, as described below.

 

LINKABLE TABLE OF CONTENTS

It is important that you read and understand the entire Privacy Policy before using the Service.  However, this table of contents highlights key issues and points and you can click on the headings and the “More” links to be taken to the full explanation.

1. What Information Does the Service Collect?

2. How Do We Use the Information Collected? We use your Personal Information and Usage Information for a variety of purposes detailed in this section.  More

3. How and When Do We Disclose Information to Third Parties?  We may provide your information to third parties under various circumstances detailed in this Section.  These may include:

4. Do Third-Party Content, Links to Third-Party Sites and/or Third-Party Apps Appear on the Service?  We may allow you to access third-party content on the Service, or to link to third-party applications and locations from the Service, but we are not responsible for your interaction with third-party content, apps, and locations.  More

5. How Do I Change My Information and Communications Preferences? You may change certain information and preferences.  More

6. What About Transfer of Information to the United States? Data may be transferred to the United States.  More

7. What Should Parents Know About Children? We do not intend to collect Personal Information from children.  If you think we have, let us know.  More

8. What About Changes to the Privacy Policy? We may change this Privacy Policy as explained here.

8. What About Security? No data security is absolute, but we take reasonable steps to secure data appropriately.  More

 

THE FULL DETAILED PRIVACY POLICY

 

1. What Information Does the Service Collect?

  • a) Information You Provide to Us
    • Personal Information.  On the Service, we or our service providers may ask you to provide certain categories of information such as: personally identifiable information, which is information that identifies you personally, such as your first and last name, home address, email address, phone number, credit card number, and country of residence (“Personal Information”).  We may collect this information through various forms and in various places on the Service, including through “contact us” forms, when you register for an account, if you request to receive information from us or when you otherwise interact with the Service.
  • b) Information We Collect and Store As You Access and Use the Service
      • In addition to any Personal Information or other information that you choose to submit to us via our Service, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect and store certain information whenever you visit or interact with the Service (“Usage Information”).  This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Service.  Usage Information may be non‑identifying or may be associated with you.  Whenever we associate Usage Information with your Personal Information, we will treat it as Personal Information.  This Usage Information may include:
        • your IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access the Service, and our computers identify your Device by its Device Identifier;
        • your Device functionality (including browser, operating system, hardware, mobile network information);
        • the URL that referred you to our Service;
        • the areas within our Service that you visit and your activities there, including remembering you and your preferences;
        • your Device location;
        • your Device characteristics; and
        • certain other Device data, including the time of day, among other information.
      • We may use various methods and technologies to collect and store Usage Information (“Tracking Technologies”).  Tracking Technologies may set, change, alter or modify settings or configurations on your Device.  A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):
      • Cookies.  A cookie is a data file placed on a Device when it is used to visit the Service.  A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device.  HTML5 cookies can be programmed through HTML5 local storage.  Unlike Flash cookies, HTML5 cookies do not require a plug-in.  Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings.  Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard.  Also, these tools may not be effective with regard to Flash cookies or HTML5 cookies.  For information on disabling Flash cookies, go to Adobe’s web site www.adobe.com.  Please be aware that if you disable or remove cookies, Flash cookies, or HTML5 cookies on your Device, some parts of our Service may not function properly, and that when you revisit our Service your ability to limit cookies is subject to your browser settings and limitations.
      • Web Beacons.  Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our Service’s pages and messages.  Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon.  Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Service, to monitor how users navigate the Service, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
      • Embedded Scripts.  An embedded script is programming code that is designed to collect information about your interactions with the Service, 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 Service, and is deactivated or deleted thereafter.
      • Browser Fingerprinting.  Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
      • ETag, or entity tag.  A feature of the cache in browsers.  It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL.  If the resource content at that URL ever changes, a new and different ETag is assigned.  Used in this manner ETags are a form of Device Identifier.  ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash and/or HTML5 cookies.We may use Tracking Technologies for a variety of purposes, including:
      • Strictly Necessary.  We may use cookies or other Tracking Technologies that we consider are strictly necessary to allow you to use and access our Service, including cookies required to prevent fraudulent activity, improve security or allow you to make use of Service functionality.
      • Performance‑Related.  We may use cookies or other Tracking Technologies that are useful in order to assess the performance of the Service, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Service.
      • Functionality‑Related.  We may use cookies or other Tracking Technologies that are required to offer you enhanced functionality when accessing the Service, including identifying you when you visit our Service or keeping track of our specified preferences, including in terms of the presentation of content on our Service.

    • There may be other Tracking Technologies now and later devised and used by us in connection with the Service.  Further, third parties may use Tracking Technologies in connection with our Service, which may include the collection of information about your online activities over time and across third-party web sites or online services.  We may not control those Tracking Technologies and we are not responsible for them.  However, you consent to potentially encountering third-party Tracking Technologies in connection with use of our Service and accept that our statements under this Privacy Policy do not apply to the Tracking Technologies or practices of such third parties.
  • c) Information Third Parties Provide About You
    • We may receive information about you from your friends and others that use the Service, such as when they submit your information to us about you.  This will be treated as Personal Information and we will apply this Privacy Policy to such information, unless we have disclosed otherwise.  In no other circumstances do our statements under this Privacy Policy apply to information we receive about you from third parties.
  • d) Interactions with Third Party Services
    • The Service may include functionality that allows certain kinds of interactions between the Service and your account on a third-party web site, application or other service.  The use of this functionality may involve the third-party operator providing certain information, including Personal Information, to us.  For example, we may provide third-party sites’ interfaces or links on the Service to facilitate your sending a communication from the Service.  For example, we may use third parties to facilitate emails, Tweets or Facebook postings.  These third parties may retain any information used or provided in any such communications or other activities and these third parties’ practices are not subject to our Privacy Policy.  Company may not control or have access to your communications through these third parties.  Further, when you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices.  You should review the applicable third-party privacy policies before using such third-party tools on our Service.
  • e) Information You Provide About a Third Party
    • You may send someone else a communication from the Service, such as sending an invitation to a friend.  If so, the information you provide (names, email addresses, mobile number, etc.) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise.  Please be aware that when you use any send-to-a-friend functionality on our Service, your email address, mobile number, name or user name and message may be included in the communication sent to your addressee(s).
  • f) California /Delaware Do Not Track Disclosures
    • Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party web sites or online services (e.g., browser do not track signals).  Currently, we do not monitor or take any action with respect to these signals or other mechanisms.
 

2. How Do We Use the Information Collected?

  • We may use your Personal Information or Usage Information for various purposes, including:
        • to place an order made through the Service;
        • to process transactions or provide you with information such as to send you electronic newsletters or to provide you with special offers or promotional and marketing materials on behalf of us or third parties, including to let you know about new products, services or upcoming events;
        • to enable you to participate in a variety of the Service’s features such as to enable you to participate in online surveys, entry sweepstakes, contests or other promotions;
        • to customize your experience on the Service or to serve you specific content that we believe is relevant to you;
        • to improve the Service, marketing endeavors or our Service offerings;
        • to provide customer support;
        • to contact you with regard to your use of the Service and, in our discretion, changes to the Service and/or Service’s policies;
        • to improve the overall experience at the Service;
        • to notify you of product recalls or providing other information concerning products you have purchased;
        • to identify your product and Service preferences so that you can be informed of new or additional products, services and promotions;
        • to improve merchandise selections and the overall shopping experience at the Service;
        • for internal business purposes; and

      • for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.
 

3. How and When Do We Disclose Information to Third Parties?

We may share non-Personal Information, such as aggregated user statistics, with third parties.  Further, we may share your Device Identifiers with third parties along with data related to you and your activities.  Also, we may share your Personal Information with third parties with whom we have marketing or other relationships for the third parties’ direct marketing purposes.  If you are a California resident, you have the right to request additional information about this sharing, so please see Section (3)(f) below.  In addition, we may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information and as described below or otherwise in this Privacy Policy.  We may disclose your information as follows:

  • a)  When You Request Information From or Provide Information to Third Parties.
    You may be presented with an option on our Service to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it.  If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties.  In addition, third parties may store, collect or otherwise have access to your information when you interact with their Tracking Technologies, content, tools apps or ads on our Service or link to them from our Service.  This may include using third party tools such as Facebook, Twitter, Instagram, or other third-party posting or content sharing tools and by so interacting you consent to such third party practices.  It may also include ordering or purchasing products from third parties through us where we indicate that the third party rather than us is the seller.  We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review such third party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.
  • b)  Third Parties Providing Services on our Behalf.
    We may use third-party vendors to perform certain services on behalf of us or the Service, such as: (i) to assist us in Service operations; (ii) to manage a database of customer information; (iii) hosting the Service; (iv) designing and/or operating the Service’s features; (v) tracking the Service’s activities and analytics; (vi) enabling us to send you special offers or perform other administrative services; and (vii) other services designed to assist us in maximizing our business potential.  We may provide these vendors with access to user information, including Device Identifiers and Personal Information, to carry out the services they are performing for you or for us.  Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to information about you, potentially including Personal Information, about you.  We are not responsible for those third party technologies or activities arising out of them.
  • c)  Administrative and Legal Reasons.   
    We may access, use, preserve, transfer and disclose your information (including Device Identifiers and Personal Information) to third parties: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such is required or permitted by law; (ii) to protect and/or defend the Service’s Terms and Conditions or other policies applicable to the Service, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Service or any third party; and/or (iv) to detect, prevent or otherwise address fraud, security or technical issues.  Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion, subject to applicable law.  Such disclosures may be carried out without notice to you.
  • d)  Affiliates and Business Transfer.    
    We may share your information, including your Device Identifiers and Personal Information, and Usage Information with our parent, subsidiaries and affiliates.  We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Service or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.
  • f)  Your California Privacy Rights.   
    We may elect to share information about you with third parties for those third parties’ direct marketing purposes.  California Civil Code § 1798.83 permits California residents who have supplied personal information (as defined in the law) to us to, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes.  If this law applies to you, you may obtain the categories of personal information shared by us and the names and addresses of all third parties that received personal information for their direct marketing purposes from us during the immediately prior calendar year (e.g., requests made in 2017 will receive information about 2016 sharing activities).  To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response.  To make such a request (limit one request per year), please send an email to: [email protected], with “California Privacy Rights” as the subject line or mail us a letter to: Boom Entertainment, Inc., 5670 Wilshire Blvd., Suite 450, Los Angeles, CA 90036.  You must include your full name, email address, and postal address in your request.
  • e)  Sweepstakes, Contests and Promotions. 
    We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the Service that may require registration.  By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion.  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, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.
 

4.Do Third-Party Content, Links to Third-Party Sites and/or Third-Party Apps Appear on the Service?

The Service may contain content, links or apps that are supplied by a third party, and those third parties may collect Usage Information and your Device Identifier when pages from the Service are served to you for their own commercial purposes.  In addition, when you are on the Service you may be directed to other sites and apps that appear to be ours, but are operated and controlled by third parties that we do not control.  We are not responsible for the data collection and privacy practices employed by any of these third parties or their sites or apps and they may be tracking you across multiple online services and may be sharing the results of that tracking with us and/or others.  These third parties may have their own terms of service, privacy policies or other policies and ask you to agree to the same.  For example, if you “click” on a link, the “click” may take you off the Service onto a different location.  These other online services may associate their Tracking Technologies with you, independently collect information about you, including Personal Information, and may or may not have their own published privacy policies.  We are not responsible for these third-party privacy policies or the practices of Third-Party owners.  Be sure to review any available policies before submitting any personally identifiable information to a third-party application or otherwise interacting with it and exercise caution in connection with these applications.  We also encourage you to note when you leave our Service and to review the third-party privacy policies of all third-party locations and exercise caution in connection with them.

 

5. How Do I Change My Information and Communications Preferences?

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration.  The Service may allow you to review, correct or update Personal Information you have provided through the Service’s account functionality, and you may provide updates and changes by contacting us via email at [email protected] or mailing us at the following address: Boom Entertainment, Inc., 5670 Wilshire Blvd., Suite 450, Los Angeles, CA 90036.  If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records).  Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons.

You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails or in some cases by logging into your Service account and changing your communication preferences.  This will not affect subsequent subscriptions and if your opt-out is limited to certain types of emails the opt-out will be so limited.  Subsequent or different subscriptions will be unaffected.  Please note that we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and Service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.  If you have any questions about the Privacy Policy or practices described in it, you should contact us via email at [email protected] or by mail at Boom Entertainment, Inc., 5670 Wilshire Blvd., Suite 450, Los Angeles, CA 90036.

 

6. What About Transfer of Information to the United States?

Our Service is operated in the United States and intended for users located in the United States.  If you are located outside of the United States, please be aware that information we collect, including Personal Information, will be transferred to, and processed, stored and used in the United States.  The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States.  By using the Service or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information, in the United States as set forth in this Privacy Policy.

 

7. What Should Parents Know About Children?

The Service is a general audience web site and we do not knowingly collect any personal information from children younger than the age of thirteen (13) as required by U.S. law.  We will delete any personal information collected that we later determine to be from a user younger than the age of thirteen (13).  If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed personal information to us, please contact us via email at [email protected] or by mail at Boom Entertainment, Inc., 5670 Wilshire Blvd., Suite 450, Los Angeles, CA 90036.

 

8. What About Security?

We endeavor to incorporate commercially reasonable safeguards to help protect and secure your Personal Information.  However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure.  Please note that we cannot ensure the security of any information you transmit to us, and you use our Service and provide us with your information at your own risk.

 

9. What About Changes to the Privacy Policy?

We reserve the right to change this Privacy Policy at any time without notice to you. Any changes will be effective immediately upon the posting of the revised Privacy Policy and your use of our Service indicates your consent to the privacy policy posted at the time of use. However, we will not use your previously collected Personal Information in a manner materially different than indicated at the time it was collected without your consent. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.

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