PRIVACY POLICY
Effective 28 May, 2020
Table of Contents:
1. SCOPE AND APPLICATION: What and who this Policy covers
2. COLLECTION OF INFORMATION: The sources of and methods by which we and our service providers collect information from and about you
3. USE AND DISCLOSURE: How we use the information we collect from and about you, and who we might share it with and why
4. LEGAL BASIS: The purposes for which your information is collected or used
5. SECURITY: How we protect your information from loss or misuse
6. USER ACCESS AND CONTROL: How you can access and control the information we maintain about you
7. DATA RETENTION: Information about how long your information is retained
8. OTHER IMPORTANT INFORMATION: Other things you should know about this Policy and how we handle your information
9. CONTACT US: How to contact us about this Policy
This Privacy Policy applies to all users of the DisneyInFlight website (www.disneyinflight.com) and related features and linked online resources (the "Services") and describes how we collect, use and disclose information from or about you wherever the Services may be accessed.
For the purposes of European data protection laws, the data controller of personal information of EU residents is the member of the Walt Disney Family of Companies that has the contractual or other business relationship with you (or the company you work for) connected with your access and use of the Services in accordance with the Services' Terms and Conditions. Other members of the Walt Disney Family of Companies may have access to your personal information where they perform services on behalf said data controller (as a data processor), and, unless prohibited under applicable law, for use on their own behalf (as another independent data controller) for the purposes described in this Privacy Policy.
This Privacy Policy also applies to the collection and use of your personal information by any members of The Walt Disney Family of Companies (the "Affiliates") that may need access your personal information in connection with the purposes set out in this Privacy Policy. A list of Affiliates can be found [here]. Users who visit other Affiliates' services should still refer to their separate privacy policies, which may differ in some respects from this Privacy Policy.
The Services are for a general audience, are not targeted to children, and do not knowingly collect personal information from children under 13 years of age.
The following information is collected from or about you:
Registration Information is the information you submit to register or access a Service, for example, to create an account. Registration Information may include, for example, name, email address, password, gender.
Social Media Information and Content. If you access or log-in to the Service through a third party, such as a your designated television content provider or another website, app, service or log-in (“Other Service”), or connect the Service to Other Services, the information we collect may also include your user ID and/or user name associated with that Other Service, any information or content you have permitted the Other Service to share with us, such as your account information. When you access the Services through Other Services, or when you connect the Service to Other Services, you are authorizing the collection, storage, and use of such information in accordance with this Privacy Policy.
Activity Information. When you access and interact with the Services, certain information about those visits may be collected. For example, in order to permit your connection to the Services, servers of the Service receive and record information about your computer, device, and browser, including potentially your IP address, browser type, authentication identifiers, and other software or hardware information. If you access the Services from a mobile or other device, a unique device identifier assigned to that device, geolocation data (including your precise location), or other transactional information for that device may be collected in order to provide the Services to it.
Information from Other Sources. To improve the quality of the Services, the information collected from you may be supplemented with information from other sources, such as publicly available information, commercially available sources and information from Affiliates or business partners.
Do Not Track Signals. At this time the Services do not respond to browser ‘Do Not Track’ signals, as the work of interested stakeholders and others to develop standards for how such signals should be interpreted is ongoing.
Collection of Personal Financial Information by a Payment Service. In some cases, an unaffiliated payment service may be used to allow you to purchase a product or make payments (“Payment Service”). If you wish to purchase a product or make a payment using a Payment Service, you will be directed to a Payment Service webpage. Any information that you provide to a Payment Service will be subject to the applicable Payment Service's privacy policy, rather than this Privacy Policy. The Services have no control over, and are not responsible for, any Payment Service's use of information collected through any Payment Service.
Sensitive Information. You should not send or disclose to the Services any sensitive personal information (such as social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership).
The personal information and other information collected from or about you is used for the following purposes:
a) To provide and manage the Service. The information collected from or about you is used to provide the Services and features to you, including to measure and improve those Services and features; and to develop new products and services; to improve and personalize your experience with both online and off-line Services by delivering content you will find relevant and interesting, including advertising and marketing messages; to allow you to comment on content, and participate in online games, contests, other promotions or rewards programs; to provide you with customer support and to respond to inquiries. In order to provide you with content and advertising that is more interesting and relevant to you, the information from or about you may be used to make inferences and predictions about your potential areas of interest. When the information collected from or about you are anonymized and does not identify you as a specific person, it may be used for any purpose or share it with third parties, to the extent permitted by applicable law.
b) To allow service providers to assist in providing and managing the Services. The information collected from or about you may be made available to certain third party service providers, such as contractors, analytics and other measurement companies, agents or sponsors who help analyze and understand your use of the Services, and manage and/or provide the Services.
c) To deliver video content. In the ordinary course of our business, the information collected from or about you may be shared with third parties in order to process your requests and fulfill your orders for video content offered through the Services, including, to provide you with access to localized content and provide video content recommendations. For example, to process your request to view certain authenticated video content through the Services, information about you may be shared, including, without limitation, what you have viewed, with your designated television content provider and/or our third party service providers in order to authenticate and/or authorize you to view authenticated video content through the Services.
d) To contact you. Certain promotional materials (e.g., newsletters or email updates) or notifications related to the Services may periodically be sent to the email address you provided to us at registration or for your account, on the basis of your prior consent [when this is required under the applicable law]. If you want to stop receiving promotional materials from the Service, follow the unsubscribe instructions at the bottom of each email. There are certain service notification emails that you may not opt-out of, such as notifications of changes to the Services or policies. If you have installed a mobile app and you wish to stop receiving push notifications, you can change the settings either on your mobile device or through the app.
e) To share with business partners. Your information may be shared with business partners to permit them to send you marketing communications consistent with your choices and subject to your prior consent when this is required under the applicable law.
f) To complete a merger or sale of assets. If all or part of the Services are sold or made part of a sale or transfer of assets or are otherwise involved in a merger or transfer (including, without limitation, in connection with bankruptcy or a similar proceeding), your information may be transferred to the party or parties involved in the transaction as part of that transaction.
g) To protect rights. There may be instances when your information may be used or disclosed without providing you with notice or choice, including situations where there is a good faith belief that such use or disclosure is necessary in order to: (i) protect, enforce, or defend legal rights, privacy, safety, or property or employees, agents and contractors (including enforcement of our agreements and our Terms of Use); (ii) protect the safety, privacy, and security of users of the Services or members of the public; (iii) protect against fraud or for risk management purposes.
h) To comply with legal obligations. There may be instances when your information may be used or disclosed without providing you with notice or choice, including situations where there is a good faith belief that such use or disclosure is necessary in order to (i) comply with the law or legal process; or (ii) respond to requests from public and government authorities.
For the above purposes, your information may be shared with Affiliates as described at the beginning of this Policy.
When we disclose personal information of UK & EU residents to third parties, including our Affiliates, located outside the UK and/or the European Economic Area (EEA) in countries which are not considered adequate by the European Commission, we put in place appropriate and suitable safeguards designed to further protect your personal information, if so required by the applicable data protection laws, such as standard contractual clauses adopted by the European Commission as per Articles 45 and 46 of the EU General Data Protection Regulation 2016/679.
When the information collected from or about you does not - even indirectly - identify you as a specific person, that information may be used for any purpose or share it with third parties.
4. LEGAL BASIS [FOR PROCESSING PERSONAL INFORMATION OF UK AND EU RESIDENTS]
We process your personal information for the purposes of:
1. Section 3 a) to c) of this Privacy Policy are necessary for the provision of the Services and therefore are mandatory as otherwise the services could not be provided;
2. Sections 3 d) and e) of this Privacy Policy is discretionary, but without your consent, it would not be possible for us to provide you with personalized content, to provide you with generic marketing communications of the data controller and third parties services/products or communications based on your interests and needs and to provide co-branded services.
You can revoke your consent to the processing of your personal information for direct marketing purposes at any time by:
a) sending an e-mail to us at the address in Section 9 below; or
b) simply changing your preferences on your user profile settings, if you are registered, or through the consent management tool available on our website, if you are not registered, or by following the unsubscribe instructions in our communications.
3. Section 3 f) and g) of this Privacy Policy is performed on the basis of the legitimate interests of the data controller and/or of its counterparties which are adequately balanced with your interest since the data processing is performed within the limits strictly necessary to perform such These data processing activities are not mandatory and you can object at any time through the modalities as per Section 9 of this Privacy Policy, unless the data controller has compelling legitimate grounds to continue the processing.
4. Section 3 h) of this Privacy Policy are necessary comply with our legal obligations and therefore are mandatory as otherwise the services could not be provided.
5. SECURITY
Administrative, technical, personnel and physical measures in line with industry standards and applicable law requirements are used to safeguard your information in the possession of the Services against loss, theft and unauthorized use, disclosure or modification.
If you believe someone else has obtained access to your password, please change it immediately by logging in to your account.
If you would like to access, review, correct, update, suppress, or otherwise limit our use of your personal information you have previously provided directly to the Services, you may request to do so by contacting us using the mechanisms provided below or by logging in to the Services and updating your account information. We will try to comply with your request as soon as reasonably practicable.
If you are a California resident , you may request that we not share your personal information on a going-forward basis with Affiliates or unaffiliated third parties for their direct marketing purposes by contacting us using the mechanisms below. We will try to comply with your request(s) as soon as reasonably practicable.
If you are an EU or UK resident , you have certain rights in relation to your personal information, including the right to:
a. obtain confirmation as to whether or not your personal information exists, to receive a copy of it and to be informed of its content, source, as well as of further information, also available in this Privacy Policy, on the purposes of processing of your personal information, the categories its recipients, the existence of any automated decision-making, if any, the envisaged period for which we will store it, where possible, as well as the safeguards we have adopted for transfers outside the EEA;
b. request the deletion, anonymization or restriction of the processing of your personal information processed in breach of the applicable law;
c. request that we limit the processing of your personal information where:
1. You contest the accuracy of the personal information until the data controller has taken sufficient steps to correct or verify its accuracy;
2. the processing is unlawful but you do not want us to erase the data;
3. we no longer need the personal information for the purposes of the processing, but you require it for the establishment, exercise, or defense of legal claims; or
d. withdraw your consent to the processing of personal information, if such processing is based on your consent;
e. object to the processing of your personal information, when the processing is based on the legitimate interest of the data controller. Upon your objection, the data controller shall no longer process the personal information unless it demonstrates (i) compelling legitimate grounds for the processing that override your interests, rights and freedoms or (ii) that the processing of the data is for the establishment, exercise or defense of legal claims;
f. restrict the data controller’s processing of your personal information when that processing is based on the data controller’s legitimate interests and where you have objected to the processing on those grounds pending verification as to whether we have compelling legitimate grounds to continue the processing;
g. request the erasure of your personal information without undue delay;
h. “data portability”, namely to receive an electronic copy of your personal information that you have provided to us when (i) that data is being processed by automatic means, and (ii) the processing is either based upon your consent or necessary for the performance of a contract with you;
i. lodge a complaint with the relevant supervisory authority of your country;
j. in case of transfer of personal information to countries that do not offer an adequate level of protection with respect to the protection of personal information, you have the right at any time to request a copy of the safeguards adopted by TWDC to protect your personal information.
To exercise the above rights, EU and UK residents should send a request to the contact details indicated section 9 below.
Your information will be retained for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by applicable law.
Remember that even after you cancel your account, copies of some information from your account may remain viewable in some circumstances where, for example, you have shared information with Other Services. Because of the nature of caching technology, your account may not be instantly inaccessible to others and there may be a delay in the removal of the content from elsewhere on the Internet and from search engines. Backup information related to your account may also be retained on servers for some time after cancelation for fraud detection or to comply with applicable law or internal security policies. It is not always possible to completely remove or delete all of your information due to technical constraints, contractual, financial or legal requirements.
8. OTHER IMPORTANT INFORMATION
Means of Notice and Choice. This Privacy Policy and your account settings are the primary means by which provides you with notice and choice regarding collection and use of your personal information.
Updates to Privacy Policy. This Privacy Policy may be modified. Please look at the Effective Date at the top of this Privacy Policy to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when the revised Privacy Policy is posted on the Services.
Location of Data. The Services are hosted in and managed from the United States by an Affiliate. If you are a user located outside the United States, you understand and consent to having any personal information transferred to and processed in the United States. United States data protection and other relevant laws may not be the same as those in your jurisdiction. This includes the use of cookies and other tracking technologies as described above. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in the United States may be entitled to access your personal information. As a result, please read this Privacy Policy with care. If you are a UK or EU, any transfer of your personal information to the United States is subject to appropriate and suitable safeguards designed to protect your personal data if so required by the applicable data protection laws, such as standard contractual clauses adopted by the European Commission as per Articles 45 and 46 of the GDPR.
Linked Services. The Services may also be linked to sites operated by unaffiliated companies, and may carry advertisements or offer content, functionality, games, newsletters, contests or sweepstakes, or applications developed and maintained by unaffiliated companies. Any responsibility for the privacy practices of unaffiliated companies are totally disclaimed, and once you leave the Services via a link, enable an unaffiliated service, or click an advertisement you should check the applicable privacy policy of the unaffiliated service.
In addition, the Services are not responsible for the privacy or data security practices of other organizations, such as any app developer, app provider, operating system provider, wireless service provider, or device manufacturer, including in connection with any information you disclose to other organizations through or in connection with the Services.
9. CONTACT US
If you have questions about this Privacy Policy please contact us at:
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US Email: privacycontact@disney.com Mail: Disney Interactive 500 South Buena Vista Street Mail Code 7667 Burbank, CA 91521 Phone: (877) 466-6669 |
Europe Email: dataprotection@disney.co.uk Mail: The Walt Disney Company Ltd 3 Queen Caroline Street London UK W6 9PE |