Effective Date: June 26, 2020
At Essence Studios, LLC (“Essence Studios,” “Us,” “We,” or “Our”), we value your privacy. This Privacy Policy and Statement (“Statement”) explains our privacy practices and how they relate to the information, including Personal Data (i.e. any information relating to an identified or identifiable natural person), that we collect from and about you and other individuals who interact with us through our website, mobile applications, and other product and service offerings such as our events, productions, and newsletters (collectively, our “Services”). This Statement does not apply to Essence Studios employees who are covered by separate Privacy Practices.
Below is a general summary of the types of information we collect, how we use that information, and with whom we share it. We may update this Statement from time to time and when that happens, we will notify you of any changes by posting our revised Privacy Statement on our websites, including an effective date, and in some cases, we may contact you directly to let you know of the changes. The most current version of our Privacy Statement is always available by clicking the “Privacy” link at the bottom of our websites. If you have any questions about our privacy practices, please contact us at privacy@essencestudios.com.
If you are visiting our website from the European Union (“EU”) or where EU data protection laws apply, please see Section 11 on your EU Privacy Rights for additional information. If you are a resident of the State of California and are visiting our website from a location where California data protection laws apply, please see Section 12 on your California Privacy Rights for additional information.
Privacy Statement Contents
1. Personal Data Collected
How we collect your Personal Data depends on how you interact with Essence Studios, such as through our website, mobile applications and the other Services it offers.
Categories of Personal Data We generally collect Personal Data directly from you. This can be through email or over the phone, or through online forms or other functionality of our website or mobile applications that allows you to submit information to us. The Personal Data that we collect includes:
If you use our mobile applications, as may be offered, we may also collect your geolocation data for purposes of personalizing content offerings, which may be considered Personal Data under applicable law. We only collect this type of data, however, when you have expressly consented to granting our mobile application access to your geolocation. You may at any time opt-out of sharing your geolocation by changing the settings on your mobile device(s).
We also automatically collect your IP address and other information about you from cookies, and other similar technologies, which may be considered Personal Data under applicable laws. For more information on use of cookies and similar technologies, please see Section 4 below.
When we Collect Your Personal Data
We collect Personal Data directly from you when you:
We may also combine the information that we collect directly from you with information that we receive from third parties, including those that are acting on our behalf or who may be providing services to us, such as web analytics.
2. How We Process Your Personal Data and On Which Legal Grounds
We process your Personal Data for our legitimate interests or as otherwise set out in this Privacy Statement. Whenever a particular processing activity requires your consent, we will ask you separately for your consent and in some cases, this may be done as part of a contract with you. We process your Personal Data in order to:
3. With Whom We Share Personal Data
We may share your Personal Data with our corporate affiliates, subsidiaries, business units and other companies with which we share common ownership, for the purposes described above. We may also share your Personal Data:
Most web browsers include settings that will allow you to opt-out of receiving (i.e. reject) the cookies that we use on our websites. Please note, however, that if you change your web browser settings after you have already visited our websites, you may also have to delete any existing cookies from your web browser.
Many of our cookies are functionality cookies and some of these cookies are managed for us by third parties. While you can opt-out of receiving our cookies and still access our website, you may find that some parts of our website will no longer continue to function the same way as when cookies are enabled or may appear to function improperly. This is because we rely on certain cookies to provide a seamless, interactive and personalized online experience and without certain cookies, some functionality of our website may become unavailable.
Do Not Track At this time, the Essence Studios websites do not respond to Do Not Track beacons sent by browser plugins as there is not yet a common agreement about how to interpret these signals. For more detailed information about cookies visit www.allaboutcookies.org. To opt out from behavioral advertising by networks adhering to the Network Advertising Initiative visit http://optout.networkadvertising.org/. We may also employ Nielsen’s proprietary measurement software to contribute to our market research efforts, including those involving television viewership. To learn more about this information, please click here. Nielsen’s software may collect your choices with regards to it.
Your California Privacy Rights relating to Marketing Use of Your Personal Data
A business subject to California Civil Code section 1798.83 is required to disclose to its California customers, upon request, the identity of any third parties to whom the business has disclosed personal information within the previous calendar year, along with the type of personal information disclosed, for the third parties’ direct marketing purposes. Please note that under California law, businesses are only required to respond to a customer request once during any calendar year.
If you wish to opt-out of such disclosures of your Personal Data or if you would like additional information on your opt-out rights under this law, please contact us privacy@essencestudios.com. Mention in your email that you are making a “California Shine the Light” inquiry. We will respond within 30 days. Please also see Section 12 below for additional information about California privacy rights.
5. Your Choices
We value your interest in accessing the Personal Data that you provide to us in order to correct, amend or delete it. You may request such access by contacting us at privacy@essencestudios.com. Please note, however, that we may deny your access requests in certain circumstances if, for instance, allowing you access: would compromise another’s privacy rights; be likely to interfere with the safeguarding of national security, defense, or public security; could interfere with law enforcement or legal actions; or in other situations in compliance with applicable laws. These are examples and other reasons may apply. If you do not wish to receive information from us via email or traditional mailing regarding our Services, please let us know by clicking on the “Unsubscribe” link shown at the end of our emails and electronic newsletters, or by contacting us at privacy@essencestudios.com. We will remove your name from our distribution lists upon request in accordance with applicable law. For additional information about EU rights, please see Section 11 below.
6. Retention of Data
We will keep your Personal Data as reasonably necessary to fulfill the purposes for which Personal Data is collected as stated herein; for as long as is necessary for the performance of the contract between you and us, if any; and to comply with legal and statutory obligations, such as in tax, trade and corporate laws. When we no longer need your Personal Data for our purposes, we will destroy, delete or erase that Personal Data or convert it into an anonymous form.
7. Security of Data
Our security measures include safeguarding and monitoring networks and controlling access to our files, equipment and buildings. While we will take reasonable steps to protect your Personal Data in our possession from loss, misuse, unauthorized access, disclosure, alteration, and destruction, no system is completely secure and therefore, we cannot assure you that the Personal Data we collect will never be used or disclosed in a manner that is inconsistent with this Privacy Statement.
8. Links to and Privacy Statements of Third Party Sites
Our Services may contain links to third party websites and other services whose privacy practices may be different than ours. We facilitate these connections in order to enhance your online experience with us; however, once you click on a link to another website (a “Third Party Site”), you are no longer using our Services, including our websites or mobile applications. This Statement applies only to Essence Studios’ data processing activities as they relate to the Personal Data Essence Studios collects through its Services, but does not apply to or describe the privacy practices associated with any Third Party Site. We encourage you to read the privacy statements of all Third Party Sites that you chose to visit and contact the operators and anyone else associated with the Third Party Sites if you have questions or concerns about their data processing activities.
9. Children’s Privacy
Unless we have specifically indicated otherwise on a particular website or mobile application, we do not knowingly collect Personal Data from children under the age of sixteen (16), nor have we designed our Services for or directed our Services at children under the age of sixteen (16). By using our Services, you represent that you are age sixteen (16) or over. If you are a child under sixteen (16) years of age, you should not send any Personal Data about yourself to us through our websites or mobile applications. If you believe that a child may have provided his or her Personal Data to us or if you have any questions about which websites or mobile applications we have designed for use by children under the age of sixteen (16), please contact us at privacy@essencestudios.com. If we become aware that we have collected Personal Data from a child under the age of sixteen (16) through Services that are not designed for or directed at children under the age of sixteen (16), or without the verifiable consent from the child’s parent or guardian, we will dispose of that Personal Data immediately as required by applicable law.
10. International Transfers of Your Personal Data
By using the Site or providing Personal Data to Essence Studios, your Personal Data will be transferred to the United States where Essence Studios is headquartered. If you are not a resident of the United States, your country’s laws governing data collection and use may differ from those in the United States. For example, the data protection laws of the United States have not been found by the European Commission to provide the same level of protection as EU data protection law. Some third parties with whom we share your Personal Data may be located in third countries that do not provide the same level of protection to your Personal Data. Certain third countries have been officially recognized by the European Commission as providing an adequate level of protection (list available here). We may also transfer your Personal Data to our affiliates and third-party service providers located in third countries, such as EU member states, Hong Kong, and South Africa, where our affiliates and third- party service providers process data on our behalf in relation to the Services we offer. Transfers to third parties located in third countries outside the European Economic Area (“EEA”) take place using an acceptable data transfer mechanism, such as the EU-U.S. Privacy Shield for transfers to self-certified U.S. organizations, the EU Standard Contractual Clauses, Binding Corporate Rules, approved Codes of Conduct and Certifications or in exceptional circumstances on the basis of permissible statutory derogations. Please contact privacy@essencestudios.com if you want to receive further information or, where available, a copy of the relevant data transfer mechanism.
11. Your EU Privacy Rights
If you are visiting our Services from the EU or where applicable EU data protection laws so provide, you may also exercise the following rights regarding your Personal Data:
Access You have the right to obtain from us confirmation if your Personal Data is being processed and certain information in this regard.
Rectification You have the right the request the rectification of inaccurate Personal Data and to have incomplete data completed.
Objection You have the right, when we process Personal Data on the grounds of legitimate interests, to object to the processing of your Personal Data for compelling and legitimate reasons relating to your particular situation, except in cases where legal provisions expressly provide for that processing. In addition, you have the right to object at any time where your Personal Data is processed for direct marketing purposes.
Portability You may receive your Personal Data that you have provided to us in a structured, commonly used and machine-readable format and have the right to transmit them to other data controllers without hindrance. This right only exists if the processing is based on your consent or a contract and the processing is carried out by automated means.
Restriction You may request to restrict processing of your Personal Data if (i) you contest the accuracy of it – for a period we need to verify your request; (ii) the processing is unlawful and you oppose the erasure of it and request restriction instead; (iii) we no longer need it, but you tell us you need it to establish, exercise or defend a legal claim; or (iv) you object to processing based on public or legitimate interest – for a period we need to verify your request.
Erasure You may request to erase your Personal Data if it is no longer necessary for the purposes for which we have collected it, you have withdrawn your consent and no other legal ground for the processing exists, you objected and no overriding legitimate grounds for the processing exist, the processing is unlawful, or erasure is required to comply with a legal obligation.
Right to lodge a complaint You also have the right to lodge a complaint with a supervisory authority, in particular in the EU Member State of your residence, or the location where the issue that is the subject of the complaint occurred.
Right to refuse or withdraw consent Please note that in case we ask for your consent to certain processing, you are free to refuse to give consent and you can withdraw your consent at any time without any adverse negative consequences. The lawfulness of any processing of your Personal Data that occurred prior to the withdrawal of your consent will not be affected.
If you have questions about exercising any of those rights or their applicability to any of our particular processing activities or have questions about any data transfer mechanism or want a copy thereof, you may contact us at privacy@essencestudios.com.
12. Your California Privacy Rights
California Consumer Privacy Act. If you are a California resident, you have specific privacy rights governed by the California Consumer Privacy Act (CCPA). These rights include:
You may submit a request to enact any of the above rights by sending an email to privacy@essencestudios.com. We may require additional information to verify your identity before responding to a CCPA rights request. For instance, if you have previously provided your name to us, we may ask you for other information (e.g., last four digits of your credit card, email address, phone number) so that we can match the new information you provide with the information we have. We may also use other verification methods as the circumstances dictate. If through reasonable efforts we are unable to verify your request to a reasonable degree of certainty, we will notify you. We will respond to your request within 45 days if possible and required under the law.
Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Services to you. If you ask us to delete it, you may no longer be able to access or use the Services.
You may also have the right to receive information about the financial incentives that we offer to you (if any).
Note you can authorize an agent to exercise any of these California privacy rights on your behalf. Note that we will take additional measures to verify the legal authority of your agent.
Personal Information That We May Collect About California Residents:
Personal Information Disclosed for a Business Purpose or Sold About California Residents:
Categories of Personal | Personal Information | Disclosed for a Business Purpose | Sold |
---|---|---|---|
Identifiers | Names and Aliases | X | X |
Physical Address | X | X | |
Phone Number | X | X | |
E-Mail Address | X | X | |
IP Address | X | X | |
Unique Identifiers | X | X | |
Commercial Information | Interactions with Customer Service | X | X |
Information about transactions made on our services | X | X | |
Individual’s Preferences and Attributes | X | X | |
Internet/ Electronic Activity | Cookies/Web Beacons | X | X |
Device Attributes | X | X |
To opt-out of the sale of your personal information, please send an email to privacy@essencestudios.com.
Sources of Data about California Residents - When you:
Business or Commercial Purposes for Collecting or Selling Personal Information about California Residents:
Third Parties with Whom we Share Personal Information:
We may also enable our websites or mobile applications to include social media features that allow you to share information within your social networks and interact with Essence Studios on various social media platforms. Use of these features may result in additional collection or sharing of information about you, depending on the feature and the particular social media platform. We encourage you to review the privacy policies and settings on all social media platforms with which you interact to make sure you understand the information that may be collected, used and shared by those sites. This Privacy Statement does not apply to the privacy practices of any third-party social media platforms that may be accessible through links on the Essence Studios websites or mobile applications.
Do Not Track.
Our websites and apps are not designed to respond to “do not track” requests from browsers.
Changes to This California Consumer Privacy Act Disclosure We may change or update this Disclosure from time to time. When we do, we will post the revised Disclosure on this page with a new “Last Updated” date. For further details on California residents’ privacy rights see Cal Civil Codes §§ 1798.80-83.
13. Contact Information
Unless otherwise stated, Essence Studios is a data controller for purpose of the information it collects and processes in accordance with this Statement. If you have any questions about this Statement or if you believe that your Personal Data has been processed or disclosed in violation of this Statement, please contact us by sending an email to privacy@essencestudios.com. © 2020 Essence Studios, LLC