Effective Date: September 15, 2023
Amendments to this Policy will be posted on the Site and will be effective when posted. Your continued use of the Site following the posting of any amendment will constitute your acceptance of that amendment, except if your personally identifiable information will be used in a materially different manner. See the Notification of Changes section below for further information.
If you have questions or concerns regarding this Policy, you should contact Fathom by e-mail at [email protected].
1. INFORMATION WE COLLECT AND HOW WE USE IT.
1.1 SOURCES OF INFORMATION.
Fathom collects information from the following sources:
Individuals, who have signed up for our mailing lists, entered one of our sweepstakes or competitions, engaged with us on social media, completed a customer survey or otherwise interacted with us;
Site users, who visit the Site; and
Business clients, providers, licensors, and rights holders with whom we interact for the purpose of acquiring content for distribution, venues and platforms who have booked (or have expressed interest in booking) our content for exhibition, marketing partners, third parties whom provide us a service and/or any other individual with whom we interact solely in the course of business.
1.2 INFORMATION YOU PROVIDE.
We may collect information that identifies you personally (“personally identifiable information”) that you provide as you access and use the Site and other information that may not identify you personally (“aggregated information”). For purposes of this Policy, “personally identifiable information” means any (i) information relating to an identified or identifiable natural person or (ii) information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (for California residents only).
We may collect personally identifiable information from you through several voluntary sources, such as the Site, newsletters, responses, Fathom Fan Club registration, reviews, comments, emails, postings, photographs, messages, the interfacing with social networking sites or other electronic submissions and communications sent by you to Fathom or the Site. We may also collect personally identifiable information from you if you choose to submit information on our Careers page or join our SMS service. We may require certain location information such as ZIP Code in order to provide information that you request, such as venues close to you.
Registration is not required to access the Site. If you choose to register for Fathom Fan Club we may collect your first and last name, contact information such as phone number and email address, date of birth and genre preferences.
In addition to Fathom Fan Club, the personally identifiable information we may collect from you by your visit to the Site or our social media pages, or that you otherwise provide, may include, by way of example:
- Domain name and IP address;
- E-mail address;
- Contact information (including, name, address, zip code, country, and phone number);
- Occupation and position (on our Careers page);
- Employer and employment history (on our Careers page);
- Mobile phone number, mobile carrier’s name, unique identifier for a mobile device and the date, time and content of mobile communications with Fathom;
- GPS or other location-based or geo-positioning information (if we have your permission);
- Audit Information;
- User-specific and aggregate information on areas of the Site accessed; and
- Other information volunteered by you, such as information provided through responses, registrations, reviews, comments, emails, postings, photographs, messages, the interfacing with social networking sites (such as a profile photo, birthday and status), or other electronic submissions and communications sent by you to Fathom or the Site.
*Please note that we may need to obtain additional information from you if you win one of our sweepstakes or competitions. The relevant information we need will depend on the prize you have won and may include (but shall not be limited to): your mailing address (if we need to mail you your prize) and/or your travel details (if we need to arrange travel as part of the prize).
The Site may have features that allow you to store and share your information or content with others. The Site may include features and functions that allow you to post and share content, messages and reviews to forums, message boards, chat rooms or bulletin boards. We may record and store archives of these communications and content on our servers. You acknowledge and consent to the recording and storage of such communications and content. If you choose to provide personally identifiable information through use of these features, that information may be available to a wider community and individuals reading this information may use it or disclose it to other individuals or entities without our control and without your knowledge. We recommend that you think carefully about sharing this type of information, including through forums, message boards, chat rooms or bulletin boards.
Information that you post to the Site or our social media pages as comments, reviews, content, tweets, etc. will be visible to the general public. We may show posts from our social media accounts on our websites. YOU SHOULD NOT SUBMIT OR POST ANY PERSONALLY IDENTIFIABLE INFORMATION TO ANY OF THE SITES UNLESS YOU WANT THAT INFORMATION TO BE ACCESSIBLE BY OTHER USERS OF THE SITES.
Fathom may also receive information about you from third parties where you have expressly consented to such third party sharing your information with us for specific purposes (e.g., where you have indicated to such third party that you wish to hear more about Fathom and its services and/or content) and/or information received pursuant to a contract we may have in respect of a specific piece of content or activity. Please be aware that when you provide information to Fathom through a third-party site or platform (for example, via social networks or mailing list service providers) the information which you provide may be separately collected by such third-party. Fathom does not control third-party sites or platforms and this Policy does not apply to them. Please consult the policy of the relevant third party to find out how they collect and use your information.
1.3 INFORMATION WE COLLECT AUTOMATICALLY.
We may automatically collect personally identifiable information from you when you access the Site. Where possible, our server automatically recognizes each visitor’s Internet Protocol addresses. We also collect information about how visitors use the Site (for example what pages are viewed and events that are purchased). This information allows us to improve the content of the Site and facilitate market research. Sometimes, we utilize the services of a third party to help us understand this information better, although the information that is disclosed to these entities always remains in anonymous and non-personally identifiable form. Please note that we do not collect any point-of-sale financial information such as credit card numbers.
1.4 ENHANCEMENT OF PERSONAL INFORMATION.
We may combine and enhance our user database information with third party data and information to better target our advertising and provide pertinent event offers in which we think our users would be interested. Certain summary demographics are also used in our research product offerings. Individual personally identifiable information is never used in our research product offering and is never tied back to an individual user or resold for any purposes.
2. HOW WE USE YOUR INFORMATION.
The personally identifiable information that Fathom collects from users of the Site may be used for our general commercial purposes, for example to grow our business and to provide the services offered through the Site.
We may use your contact information, on occasion, to send out service-related announcements or to verify your information. For instance, if our Site or any of the services offered through the Site are temporarily suspended for maintenance, we might send users an email.
We may send new registrants of the Site and/or Fathom Fan Club a welcome email. Established members may occasionally also receive information on events, services and special deals, and periodic newsletters. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see the Choice and Opt-out section.
In addition, you specifically agree that we may use your personally identifiable information for the following purposes:
- to respond to any message, you may have sent to us;
- to ask your opinion on our content or services;
- to process your competition entry and, if your entry is successful, to provide you with any relevant prize;
- to keep in contact with you about your selected genre, other upcoming content, events and/or services provided by us that we believe may be of interest to you;
- to send you offers and promotions for content, events and services or relevant third-party content or services;
- to personalize content and experiences;
- to monitor performance of, optimize or improve our products, services, and operations;
- to create anonymous, aggregated statistics about the use of our Site, content, services, and Fathom Fan Club, which we may share with third parties and/or make available to the public;
- to provide you with access to the Site, and provide any services or information that you may have requested from us;
- to improve the Site, and ensure that information on it is presented in the most effective and optimal manner;
- to provide you with advertising based on your activity on the Site and Fathom’s social networks and on third-party sites and applications;
- for security purposes;
- to provide content and/or materials pursuant to a written contractual agreement between us;
- to use information you submit through the Careers page to evaluate and make employment decisions; and
- to enforce, protect and defend legal rights (including those of third-party rights owners in respect of any content distributed by Fathom) and to detect, investigate and prevent activities which may violate our policies or be illegal.
In general, the legal basis for processing personally identifiable information collected by our Site is our legitimate interest namely the proper administration of our Site and business. In order to provide you with information, products, or services that you specifically request from us, or for you to subscribe and receive our email communications, the legal basis for processing your personally identifiable information in these instances is consent.
3. DISCLOSURE/SHARING OF INFORMATION.
In certain instances, we may share your e-mail address with content owners or rights holders so that they can send you offers and promotions about their content, products, or services or in connection with the one or more of the uses listed above.
We may also share certain personally identifiable information we collect through the Site with third party companies so that they may offer products and services to users of our Site that we believe will be of interest to those users. We may also share certain personally identifiable information with third party advertisement serving companies to better target the advertising and other content displayed on the Site and provide pertinent offers we think may be of interest to our users. In addition, third party advertisers may receive certain personally identifiable information about you if you click on advertisements displayed on the Site (and clicking on any advertisement displayed on the Site will be considered your consent to “opt in” for this transfer).
We may disclose aggregated or otherwise non-personally identifiable information, such as usage statistics, to our affiliates and third parties for any purpose.
4. HOW LONG INFORMATION IS KEPT.
We will retain information collected pursuant to this Policy for as long as is necessary to provide you with the services that you have requested from us or for as long as otherwise permitted by law.
5. CHOICE AND OPT-OUT.
We provide certain choices regarding the information users provide to us. We have created mechanisms to provide you with the following control over your information when using our Sites. If you do not wish to have your e‑mail address used for promotional purposes by us, you may withdraw consent at a later time by clicking on the “unsubscribe” link located in the emails sent by us or by managing your preferences so that you receive only e-mails of interest to you.
If you are a user of the Site and you no longer wish to have your email address shared with third parties, you may opt-out from having your email address shared with third parties.
In addition to the above mentioned unsubscribe capabilities, all opt-out requests can be made by emailing us at: [email protected] or writing us at AC JV, LLC Attn: Customer Service, 6465 Greenwood Plaza Blvd., Suite 550, Greenwood Village, CO, 80111.
We allow third-party companies to serve ads and/or collect certain information when you visit our Site. These companies may use personally or non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Site and other web sites or applications in order to provide advertisements about events and services likely to be of greater interest to you. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit the Network Advertising Initiative, a coalition of online advertising networks that provides an opportunity for consumers to opt-out of targeted advertising by member companies. It should be noted that opting out does not mean you will not see advertisements online, but these advertisements will not be targeted based on your online user interest profile.
7. COOKIES AND PIXELS.
A cookie does not collect or keep your name or other personally identifying information; however, we may link the information obtained through cookies to other personally identifiable information to give us a better understanding of your preferences, so that we can provide a more meaningful experience to you on our Site.
We place pixels on our exhibitor sites and third-party ticketing sites to determine what events are ultimately purchased by visitors to our Sites so that we can better target our advertising and communications.
In addition, most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you do so, please note that some parts of our Site may then be inaccessible or function improperly. Please refer to your browser instructions or help screen to learn more about these functions. Further general information about cookies and how they work is available at www.allaboutcookies.org.
8. OTHER WEB SITES; LINKS; WIDGETS.
Certain of the web sites of Fathom’s affiliates, promotional partners, advertisers, sponsors, and other third-party web sites and third-party widgets are accessible through the Site. These third-party web sites and third-party widgets have their own privacy and data collection policies and practices. FATHOM IS NOT RESPONSIBLE FOR ANY ACTIONS OR PRIVACY POLICIES OF SUCH THIRD PARTIES. YOU SHOULD CHECK THE APPLICABLE PRIVACY POLICIES OF THOSE THIRD PARTIES WHEN PROVIDING PERSONALLY IDENTIFIABLE INFORMATION THROUGH LINKED WEB SITES AND WIDGETS.
9. CONSENT TO THE USE OF THIRD-PARTY PROVIDERS.
In addition to the specific third parties noted in this Policy, Fathom may also contract with other third parties to provide various services to Fathom relating to the Site on an outsourced basis rather than performing the services itself. For example, Fathom may contract with an email provider to handle the distribution of email messages to members of the Site. Likewise, Fathom may contract with a web site hosting provider to host all or a portion of the Site for Fathom. Fathom may also contract with third party mobile providers to enable the SMS services. We may also use a third-party provider to serve advertisements and collect and analyze data and patterns regarding usage of the Site. By visiting the Site, all visitors consent to Fathom providing both personal and non-personally identifiable information received from those visitors to these third-party providers for the purpose of enabling the third-party provider to provide these outsourced services to Fathom. In addition, all visitors consent to the collection, maintenance, and processing of their personal and non-personally identifiable information by Fathom and these third-party providers as follows:
Cookie and Pixel Information: Cookies and pixels provide Fathom and its providers with the ability to create an ID in order for Fathom and its providers to match collected data to an anonymous machine including:
- The URLs (or website address) of web pages which have been viewed;
- The date and time of visit to a web page;
- Whether the user has clicked on an ad of one of our advertisers, visited their website, or undertaken a transaction with them;
Session Information: This information relates to user, campaign and interest-based history and is used for frequency capping and interest targeting. This information is gathered from websites visited and clicks registered by the user’s machine.
Request-based Information: This information is passed to Fathom and its providers by the user’s computer browser with every request and is stored entirely anonymously for statistical purposes only:
- IP (Internet Protocol) addresses – Every device connected to the Internet has an IP address. This cannot be traced to an individual user but can be used for geographic targeting and statistical measurements;
- Browser type – e.g. Are you using Google Chrome or Apple’s Safari;
- Computer Operating System – e.g. Are you using Windows or Apple OS.
Mobile Device Information: This information is passed to Fathom and its providers by the mobile communications with Fathom:
- Mobile phone number;
- Mobile carrier’s name;
- Unique identifier for a mobile device;
- Date, time and content of communication with Fathom; and
- Geo-location information if provided as part of location serving.
10. CONSENT TO THE INTERFACE WITH SOCIAL NETWORKING SITES.
Our Site links to numerous social networking sites like Facebook, Twitter, Instagram, YouTube and Snapchat for you to visit or “follow” the Fathom Events pages. In order to enhance your experience on the Site, Fathom may retrieve and collect information about you from your account(s) on various social networking sites, but only if you voluntarily provide it to us, in accordance with the policies and terms of the applicable social networking site. The information you allow us to access varies by social networking site, and it is affected by the privacy settings you establish with the social networking site. By accessing or using the Site or our social network pages in connection with a social networking site(s), you authorize us to collect, store and use in accordance with this Policy any and all information that you agreed the social network site could provide us. In addition, some social networking sites have features which allow you to send information about your activity on our social pages to be published in your profile. If you choose to use these features, then your activity will be shared with the social networking site(s). Individuals reading this information on social networking site(s) may use it or disclose it to other individuals or entities without our control and without your knowledge.
11. LOCATION SERVING.
12. California Consumer Privacy Act (CCPA).
The CCPA provides consumers (California residents) with specific rights regarding their personally identifiable information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that Fathom disclose certain information to you about our collection and use of your personally identifiable information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personally identifiable information we collected about you.
- The categories of sources for the personally identifiable information we collected about you.
- Our business or commercial purpose for collecting that personally identifiable information.
- The categories of third parties with whom we share that personally identifiable information, if any.
- The specific pieces of personally identifiable information we collected about you (also called a data portability request).
- If we sold or disclosed your personally identifiable information for a business purpose.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you services.
- Impose penalties.
- Provide you a different level or quality of services.
- Suggest that you may receive a different level or quality of services.
Exercising Access, Data Portability and Deletion Rights
To exercise the access, data portability and deletion rights described above, please submit a verifiable consumer request to us by either:
Emailing us at: [email protected] or calling us toll-free at: (855) 473-4612 or writing to us at:
AC JV, LLC
Attn: Customer Service
6465 Greenwood Plaza Blvd.
Greenwood Village, CO, 80111
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personally identifiable information. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personally identifiable information; and
- Describe your request with sufficient detail that allows us to property understand, evaluate and respond to it.
Categories of Personally Identifiable Information
Fathom has collected/disclosed (as set forth in this Policy) the following categories of personally identifiable information from/about its consumers/job applicants within the last 12 months:
|Identifiers||A real name, cell phone number, email address, unique personal identifier, online identifiers, IP address, or other similar identifiers.|
|Commercial Information||Records of services purchased, obtained or considered.|
|Usage||Information about your interaction with our Site.|
|Employment Information||Current or past job history, education information and other information submitted as part of a job application.|
Fathom has not sold any personally identifiable INFORMATION IN the past 12 months.
See the sections entitled “Sources of Information” and “Information Your Provide” in this Policy for a list of sources of personally identifiable information.
See the sections entitled “How We Use Your Information” in this Policy for Fathom’s purpose of collecting personally identifiable information.
See the sections entitled “Disclosure/Sharing of Information” in this Policy for a list of who we may disclose your personally identifiable information to.
13. INTERNATIONAL USERS.
If you are located outside of the United States, please note that the Site is hosted on computer servers located in the United States. Therefore, your information may be processed and stored in the United States. As a result, United Sates federal and state governments, courts or law enforcement or regulatory agencies may be able to obtain access to your information through applicable United States laws. Your use of a Site or your submission of any personally identifiable information to us will constitute your consent to the transfer of your personally identifiable information outside of your home country, including the United States, which may have very different date protection and privacy rules and regulations than in your home country.
14. YOUR EU GDPR AND UK GDPR RIGHTS.
This section applies to individuals based in the European Economic Area (“EEA”) and the United Kingdom. In this section, we have summarized the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
Your principal rights under data protection law are:
- the right to access;
- the right to rectification;
- the right to erasure;
- the right to restrict processing;
- the right to object to processing;
- the right to data portability;
- the right to complain to a supervisory authority; and
- the right to withdraw consent.
You have the right to 1) confirmation as to whether we process your personally identifiable information and, where we do, 2) access to the personally identifiable information, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personally identifiable information concerned and the recipients of the personally identifiable information. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personally identifiable information at no charge.
You have the right to have any inaccurate personally identifiable information about you rectified and, taking into account the purposes of the processing, to have any incomplete personally identifiable information about you completed.
In some circumstances you have the right to the erasure of your personally identifiable information without undue delay. Those circumstances include: the personally identifiable information is no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personally identifiable information have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.
In some circumstances you have the right to restrict the processing of your personally identifiable information. Those circumstances are: you contest the accuracy of the personally identifiable information; processing is unlawful but you oppose erasure; we no longer need the personally identifiable information for the purposes of our processing, but you require personally identifiable information for the establishment, exercise or defense of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personally identifiable information. However, we will only otherwise process it: with your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
You have the right to object to our processing of your personally identifiable information on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personally identifiable information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.
You have the right to object to our processing of your personally identifiable information for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personally identifiable information for this purpose.
You have the right to object to our processing of your personally identifiable information for statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
If the processing is carried out by automated means, you have the right to receive your personally identifiable information from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
The legal basis for our processing of your personally identifiable information is:
- legitimate interests; or
- that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract.
If you consider that our processing of your personally identifiable information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU or UK member state of your habitual residence, your place of work or the place of the alleged infringement.
To the extent that the legal basis for our processing of your personally identifiable information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
You may exercise any of your rights in relation to your personally identifiable information by written notice to us at the address below. Fathom will respond to all requests to access, correct or delete personally identifiable information within (30) days.
15. NOTIFICATION OF CHANGES.
If we decide to change this Policy, we will post material changes on the Site or take other steps so our users are aware of what information we collect, how we use it, and if we disclose it. Unless we seek and receive your consent, we will use information in accordance with the Policy under which the information was last collected. Users may prevent their information from being used for purposes other than those for which it was originally collected by emailing us at [email protected].
We will use reasonable security measures on the Site to protect the loss, misuse and alteration of the information under our control. While there is no such thing as “perfect security” on the Internet, we will take all reasonable steps to ensure the safety of your personally identifiable information. For example, our policy is that only those individuals who need your personally identifiable information to perform a specific job are granted access to that personally identifiable information. Likewise, all employees and contractors are kept up-to-date on our security and privacy practices. Finally, the servers that we store personally identifiable information on are kept in a secure environment. While we employ the above steps, we cannot ensure or warrant the security of any information you transmit to Fathom and you do so at your own risk.
17. DO NOT TRACK NOTICE.
While Fathom attempts to honor do not track (“DNT”) instructions we receive from a user’s browser, we cannot guarantee that Fathom’s technology will always respond to such signals, in part, because of the lack of common industry standard for DNT technology. We continue to monitor developments in DNT technology and stay apprised of DNT industry standards as they evolve.
18. CONTACT INFORMATION.
All inquiries concerning this statement and the Site in general may be sent to [email protected].
Thank you for visiting the Site.
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