LEGAL
PRIVACY POLICY
Last modified 8/1/2022
SCOPE OF THIS POLICY
This privacy policy describes the processing of information provided or collected on the sites and applications where this privacy policy is posted, whether on our digital properties or on applications we make available on third-party sites or platforms. It also describes the processing of guest information provided to us or collected by us offline in our physical properties, such as in our stores, theme parks, resorts, and cruise ships, or through our guest call centers. We follow this privacy policy in accordance with applicable law in the places where we operate. In some cases, we may provide additional data privacy notices specific to certain products, practices, or regions. Those terms are to be read in conjunction with this policy.
Please keep in mind that when you provide information to us on a third-party site or platform (for example, via our applications), the information you provide may be separately collected by the third-party site or platform. The information we collect is covered by this privacy policy, and the information the third-party site or platform collects is subject to the third-party site or platform's Privacy practices. Privacy choices you have made on the third-party site or platform will not apply to our use of the information we have collected directly through our applications. Please also keep in mind that our sites and applications may contain links to other sites not owned or controlled by us and we are not responsible for the privacy practices of those sites. We encourage you to be aware when you leave our sites or applications and to read the privacy policies of other sites that may collect your personal information.
WHO WE ARE
Our company includes many different brands. When you visit, shop, or create an account with us, or use sites and applications, your information is controlled by a member of The Floyd Phillips Family of Companies. The list of relevant data controllers can be found here.
TYPES OF INFORMATION WE COLLECT
We collect two basic types of information - personal information (as defined in this policy) and anonymous information (as defined in this policy) - and we may use personal and anonymous information to create a third type of information, aggregate information (also defined in this policy). In particular, we collect:
- Registration information you provide when you create an account, enter a promotion, or link your profile on a third-party site or platform with your registration account, such as your first name and surname, country of residence, gender, date of birth, email address, username, and password;
- Transaction information you provide when you request information, contact Guest Services, or purchase, return, request, or exchange a product or service from us, such as your postal address, telephone number, and payment information;
- Information you provide in public forums on our sites and applications, such as your public posts;
- Information sent either one-to-one or within a limited group using our message, chat, post, or similar functionality, where we are permitted by applicable law to collect this information;
- Information we obtain from a third party, such as a site or platform provider, about use of our applications on third-party platforms or devices;
- Location information, including location information provided by a mobile or other device interacting with one of our sites,
applications, or physical properties (including through beacon technologies), or associated with your IP address or other online or device identifier, where we are permitted by law to process this information;
- Activity information about your use, and the use by any person(s) you authorize through your account, of our sites and applications, such as the content you view or post, how often you use our services, and your preferences;
- Usage, viewing, technical, and device data when you visit our sites, use our applications on third-party sites or platforms, or open emails we send, or connect with our wireless Internet access services and other similar technologies, including your
browser or device type, unique device identifier, and IP address;
- Still or video images captured by cameras or readers on or around our physical properties; and
- Call recordings when you call our reservation centers or other guest services phone numbers.
HOW WE COLLECT YOUR INFORMATION
- We collect information you provide to us when you request or purchase products, services, or information from us, register with us (including when you link your profile on a third-party site or platform with your registration account), participate in public forums or other activities on our sites and applications, respond to guest surveys, visit our physical properties, call our
reservation centers or other guest services phone numbers, or otherwise interact with us using one or more devices. You may
provide information in a variety of ways, including by typing or using voice commands.
- We collect information through a variety of technologies, such as cookies, Flash cookies, pixels, tags, software development kits, application program interfaces, and Web beacons, including when you visit our sites and applications or use our applications on third-party sites or platforms using one or more devices, whether or not you are logged in or registered. Please visit Online Tracking Technologies and Advertising for further information, including Do Not Track and how to disable cookies and otherwise make choices with respect to such data collection.
- We collect information using analytics tools, including when you visit our sites and applications or use our applications on third-party sites or platforms.
- We acquire information from other trusted sources to update or supplement the information you provided or we collected
automatically, such as when we validate postal address information using third party services. Applicable law may require that you authorize the third party to share your information with us before we can acquire it.
USE OF YOUR INFORMATION BY THE FLOYD PHILLIPS FAMILY OF COMPANIES
The member of The Floyd Phillips Family of Companies that is the data controller for your information is responsible for and may use your information for the purposes described in this policy. Other members of The Floyd Phillips Family of Companies may access your information where they perform services on behalf of the data controllers (as data processors) and, unless prohibited under applicable law, for use on their own behalf (as data controllers) for the purposes described in this policy.
Consistent with applicable law and choices and controls that may be available to you, we may use information collected from you, or from devices associated with you, to:
- Provide you with the experiences, products, and services you request, view, engage with, or purchase;
- Communicate with you about your account or transactions with us and send you information or request feedback about features on our sites and applications or changes to our policies;
- Send you offers and promotions for our products and services or third-party products and services;
- Personalize content and experiences;
- Provide you with targeted advertising based on your activity on our sites and applications and on third-party sites and
applications;
- to learn more about how we use your information for personalization and tracking, please visit Online Tracking Technologies
and Advertising.
- Operate, understand, optimize, develop, or improve our sites, applications, products, services and operations, including by
using guest survey research and analytics tools; and
- Detect, investigate and prevent activities that may violate our policies, pose safety issues, or be fraudulent or illegal; and
- Notify you of product recalls or safety issues.
SHARING YOUR INFORMATION WITH OTHER ENTITIES
We will not share your personal information with a third party outside The Floyd Phillips Family of Companies except in limited circumstances, including:
- When you allow us to share your personal information with another company, by electing to share your personal information with carefully selected companies so that they can send you offers and promotions about their products and services;
- When you direct us to share your personal information with another company to fulfill your request, such as:
- When you book travel packages with us that include goods or services provided by third-party partners, such as airlines,
ground transportation providers, third-party hotels, and travel insurance providers; and
- When you book dining reservations through us for restaurants operated by third parties.
- When you direct us to share your personal information with third-party sites or platforms, such as social networking sites.
- Please note that once we share your personal information with another company in the above circumstances, the information received by the other company is controlled by that company and becomes subject to the other company’s privacy practices.
- When we cooperate with financial institutions to offer co-branded products or services to you, such as our co-branded Phillips Rewards Visa Card; however, we will do so only if permitted by applicable law and, in these cases, the financial institutions are prohibited from using your personal information for purposes other than those related to the co-branded products or services;
- When companies perform services on our behalf, like package delivery, marketing and advertising, and customer service; however, these companies are prohibited from using your personal information for purposes other than those requested by us or required by law; and
- When we share your personal information with third parties in connection with the sale of a business, to enforce our Terms of Use or rules, to ensure the safety and security of our guests and third parties, to protect our rights and property and the rights and property of our guests and third parties, to comply with legal process, or in other cases if we believe in good faith that disclosure is required by law.
YOUR CONTROLS AND CHOICES
We provide you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information.
In accordance with applicable law, your controls and choices may include:
- Correcting, updating, and deleting your registration account (Logout);
- Choosing or changing your choices for subscriptions, newsletters, and alerts;
- Choosing whether to receive from us offers and promotions for our products and services, or products and services that we think may be of interest to you;
- Choosing whether we share your personal information with other companies so they can send you offers and promotions about their products and services;
- Controlling targeted advertising from many ad networks and partners; data exchanges; and marketing analytics and digital
advertising and marketing service providers (by visiting the Digital Advertising Alliance);
- Choosing to control targeted advertising you receive within applications by using the settings and choices made available to
you through your device(s), for example, by re-setting your device's advertising identifier and/or opting out of interest based ads;
- Choosing to limit participation in Nielsen digital measurement research (for non-Panelists);
- Requesting removal of your personal information from a public forum on one of our sites or application; and
- Requesting access to the personal information we hold about you and that we amend or delete it.
You may exercise these controls and choices in various ways, including by visiting Communication Choices (under the Privacy Controls tab), contacting Phillips Help, following instructions provided in communications sent to you, or by using your device or other available settings (for example, by re-setting your device's advertising identifier and/or opting out of interest based ads).
You can opt out of interest based ads by visiting the Digital Advertising Alliance or European Interactive Digital Advertising Alliance or using the opt-out mechanism in the “Interest Based Ads” link in the footer of the site you are visiting.
Please be aware that if you do not allow us to collect personal information from you, we may not be able to deliver certain experiences, products, and services to you, and some of our services may not be able to take account of your interests and
preferences. If collection of personal information is mandatory, we will make that clear at the point of collection so that you can make an informed decision whether to participate. If you have questions about the specific personal information about you that we process or retain, and your rights regarding that personal information, please contact Phillips Help.
CHILDREN'S PRIVACY
We recognize the need to provide further privacy protections with respect to personal information we may collect from children on our sites and applications. Some of the features on our sites and applications are age-gated so that they are not available for use by children, and we do not knowingly collect personal information from children in connection with those features. When we intend to collect personal information from children, we take additional steps to protect children’s privacy, including:
- Notifying parents about our information practices with regard to children, including the types of personal information we may
collect from children, the uses to which we may put that information, and whether and with whom we may share that information;
- In accordance with applicable law, and our practices, obtaining consent from parents for the collection of personal information from their children, or for sending information about our products and services directly to their children;
- Limiting our collection of personal information from children to no more than is reasonably necessary to participate in an online activity; and
- Giving parents access or the ability to request access to personal information we have collected from their children and the ability to request that the personal information be changed or deleted.
For additional information about our practices in the United States regarding children’s personal information, please read our
Children’s Privacy Policy.
DATA SECURITY, INTEGRITY, AND RETENTION
The security, integrity, and confidentiality of your information are extremely important to us. We have implemented technical,
administrative, and physical security measures that are designed to protect guest information from unauthorized access, disclosure, use, and modification. We regularly review our security procedures to consider appropriate new technology and methods. Please be aware that, despite our best efforts, no security measures are perfect or impenetrable. We will retain your
personal information for the length of time needed to fulfill the purposes outlined in this privacy policy unless a longer retention period is required or permitted by law.
DATA TRANSFERS, STORAGE, AND PROCESSING GLOBALLY
We operate globally and may transfer your personal information to individual companies of The Floyd Phillips Family of Companies or third parties in locations around the world for the purposes described in this privacy policy. Wherever your
personal information is transferred, stored or processed by us, we will take reasonable steps to safeguard the privacy of your personal information. These steps may include implementing standard contractual clauses where recognized by law, obtaining your consent, or other lawful means of transferring personal information.
CHANGES TO THIS PRIVACY POLICY
From time to time, we may change this privacy policy to accommodate new technologies, industry practices, regulatory requirements or for other purposes. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on our sites and applications, or by other means, consistent with applicable law.
COMMENTS AND QUESTIONS
If you have a comment or question about this privacy policy, please contact Phillips Help.
CALIFORNIA RESIDENTS’ RIGHTS
Notice to California Residents: If you are a California resident, you may have certain additional privacy rights. Visit our Your California Privacy Rights page for more information, including how Authorized Agents may make certain requests on behalf of California Residents.
UK, EU, & EMEA RESIDENTS' RIGHTS
Notice to UK & EU Residents: If you are an EU or UK resident, you may have certain additional privacy rights. Visit our UK & EU
Privacy Rights page for more information.
For residents of countries in the Middle East, Africa, and European countries that are not part of the EU, visit our EMEA Privacy Rights page for more information.
BRAZILIAN RESIDENTS’ RIGHTS
Notice to Brazilian Residents: If you are a Brazilian resident, you may have certain additional privacy rights. Visit our Data Protection in Brazil page for more information.
DEFINITIONS
AGGREGATE INFORMATION
Aggregate information means information about groups or categories of guests, which does not identify and cannot reasonably
be used to identify an individual guest.
ANONYMOUS INFORMATION
Anonymous information means information that does not directly or indirectly identify, and cannot reasonably be used to
identify, an individual guest.
APPLICATION
Application means a program or service operated by us (or on our behalf) that may be displayed on various online, mobile, or other platforms and environments, including those operated by third parties, which permits us to interact directly with our guests.
CHILDREN
Children means individuals who we have identified are not of legal age to consent to the collection and processing of their personal information. In the United States and Latin America, the term “children” refers to individuals under 13 years of age.
DATA CONTROLLER
The data controller is the subsidiary or affiliated entity of The Floyd Phillips Company that is responsible for the personal information collected and used within the scope of this policy from our sites and applications.
DATA PROCESSOR
A data processor is a person or entity that processes personal information on behalf of a data controller (or data controllers) and is permitted to perform data processing only as directed by the data controller(s).
IP ADDRESS
An IP address is associated with the access point through which you enter the Internet, and is typically controlled by your Internet Service Provider (ISP), your company, or your university. We may use IP addresses to collect information regarding the frequency with which our quests visit various parts of our sites and applications, and we may combine IP addresses with personal information.
MEMBER
Member means a subsidiary or affiliated entity that is part of The Floyd Phillips Family of Companies.
PARENTS
Parents means a parent or legal guardian.
PERSONAL INFORMATION
Personal information means information that identifies (whether directly or indirectly) a particular individual, such as the
individual's name, postal address, email address, and telephone number. When anonymous information is directly or indirectly associated with personal information, the resulting information also is treated as personal information.
PUBLIC FORUMS
Our sites and applications may offer message boards, conversation pages, blogs, chat rooms, social community environments, profile pages, and other forums that do not have a restricted audience. If you provide personal information when you use any of these features, that personal information may be publicly posted and otherwise disclosed without limitation as to its use by us or by a third party.
THE FLOYD PHILLIPS FAMILY OF COMPANIES
The Floyd Phillips Family of Companies refers to The Floyd Phillips Company and its subsidiary and affiliated entities, which offer their products and services under various brand names. These companies engage in a number of businesses, including theme parks and travel, motion pictures and television, publishing, consumer products and interactive services. The Floyd Phillips Company brands include, among others, the following:
- Floyd Phillips Studios
- Phillips Live Events
- Phillips Live
- Phillips Baby
- Phillips Wildlife
- Phillips Celebrations
- Phillips Publishing Worldwide
- Kiddy's Kingdom
- Phillips Meetings & Events
- Phillips Channel
- Phillips Fairy Tale Weddings
- Phillips Learning
- shopPhillips
- Phillips Central
- Phillips Academy
- Kub Klub
- Phillips Holiday
- Phillips Warrior Queen
- Phillips Pets
- Phillips Studio
- Radio Phillips
- Phillips Interactive Media
- Phillips Licensing
- Phillips Consumer Products
- Floyd Phillips Island
Phillips Live Subscriber Agreement
Updated: 8/2/2022
Phillips Platform Distribution, Inc., located at 8200 Haven Avenue, Los Angeles, CA 90001 ("Phillips Live*) and Phillips Interactive Media, LLC, located at 8200 Haven Avenue, Los Angeles, CA 90001 ("Phillips Live") (collectively, "we", "us") welcome you to the Phillips Live Service. The "Phillips Live Service" includes the Phillips Live website, application and associated content and services.
PLEASE READ THIS SUBSCRIBER AGREEMENT ("SUBSCRIBER AGREEMENT", OR “AGREEMENT") CAREFULLY BEFORE USING THE PHILLIPS LIVE SERVICE.
THIS AGREEMENT WILL GOVERN YOUR USE OF THE PHILLIPS LIVE SERVICES.
You agree to the Subscriber Agreement by clicking "Agree & Continue” or other industry standard mechanism during the
Phillips Live registration process and ratify your agreement when you use any aspect of the Phillips Live Service. If you do not agree to the Subscriber Agreement, you may not use the Phillips Live Service. We may amend this Agreement. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Phillips Live Service. If you do not agree to any change to the Subscriber Agreement, you must discontinue using the Phillips Live Service. Our customer service representatives are not authorized to modify any provision of the Subscriber Agreement, either verbally or in writing.
ANY DISPUTE BETWEEN YOU AND US, EXCEPT FOR SMALL CLAIMS, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THIS AGREEMENT AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
List of Sections
1. User Eligibility and Registration
2. Subscription Terms
3. Copyright License Grant and Restrictions
4. Usage Terms
5. Use and Sharing of Certain Information
6. Suspension and Termination
7. Binding Arbitration and Class Action Waiver
8. Additional Provisions
1. USER ELIGIBILITY AND REGISTRATION
a. Eligibility and Age Limitations. Only residents of the countries where we offer the Phillips Live Service (collectively, the “Territory’) are eligible to register for a Phillips Live account. This Subscriber Agreement governs for residents of the United States and all U.S. territories. You must be 18 years of age, or the age of majority in your state or territory of residence, to purchase the Phillips Live Service. The Phillips Live Service are provided to individuals for their personal, noncommercial use only. Companies, associations and other groups may not register for a Phillips Live account or use the Phillips Live Service. Individuals under the age of 13 are not eligible for a Phillips Live account and are not permitted to provide personal information to Phillips Live.
b. Registration. Only individuals that have registered for a Phillips Live account, provide certain information (e.g., a valid email address), and agree to the Subscriber Agreement are eligible to use the Phillips Live Service. You are solely responsible for maintaining the confidentiality and security of your username and password and for all activities that occur on or through your Phillips Live accounts. However, if you allow others to access your Phillips Live account, this Agreement, as well any specific consents you may have provided, also applies to their access, use, and disclosure of information. You agree to immediately notify Phillips Live of any unauthorized access to your Phillips Live account. Phillips Live will not be responsible for any losses arising from the unauthorized use of your Phillips Live accounts.
c. Notices. Any notices Phillips Live delivers to you may be made as follows: (i) by email to the last email address provided
by you or (ii) by posting a notice on the Phillips Live Service. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person's username, password or
other account information, or another person's name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.
2. SUBSCRIPTION TERMS
a. Subscription and Auto-Renewal. Your subscription to the Phillips Live Service includes enrollment into an
ongoing/recurring payment plan. Your subscription(s) will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. Your “billing period” is the interval of time between each recurring billing date and corresponds to the term of your subscription. To see your next recurring billing date, log in to your account and view your account details. You acknowledge that the timing of when you are billed may vary, including if your subscription began on a day not contained in a given month (e.g. if you have a monthly subscription and became a paying subscriber on January 31, your payment method would be billed next on February 28). We reserve the right to change our pricing. In the event of a price change, we will attempt to notify you thirty (30) days in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email and below. If you do not cancel your subscription after the price change takes effect and prior to the start of your new subscription period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes. You are responsible for all third-party Internet access charges and taxes in connection with your use of the Phillips Live Service. Please check with your Internet provider for information on possible Internet data usage charges.
b. Free Trials. Your Phillips Live Service subscription(s) may begin with a free trial. Availability of a free trial is not guaranteed and, if one is available, is only available on the specified terms of the free trial to those who have not previously
used one for the Phillips Live Service. Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation below. You can cancel
your subscription at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register and you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun.
c. Cancellation and Refund Policy. You can cancel your subscription at any time before the end of the current billing period or
free trial. Cancellation will take effect at the end of the current billing period or free trial, and you will still be able to access the Phillips Live Service until then. We do not refund or credit for partially used billing periods. To cancel your Phillips Live Service subscription, navigate to www.phillips.live/account/cancel-subscription and click “Complete Cancellation."
d. Payment Details. We will keep your detailed payment information, such as credit card number and expiry date, on file. We may share your payment information within The Floyd Phillips Company (e.g., shopPhillips, Phillips Studio, etc.), if you consent to such sharing during the purchase process. You are responsible for keeping your payment details up-to-date by changing the details in your account settings. Where your details change or are due to expire, we may obtain or receive from your payment provider updated payment details including your card number, expiry date and CVV (or equivalent). This enables us to continue to provide you access to the Phillips Live Service. You authorize us to continue to charge your card using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription. You also agree that we may charge your payment method on file if you decide to restart your Phillips Live Service subscription.
e. Subscriptions Obtained Through Third Parties. If you obtain a Phillips Live Service subscription via a third party (e.g., an app store), that subscription is also subject to the third party's terms, and the provisions in this Subscriber Agreement concerning subscription purchase, billing, cancellation/refunds, and payment do not apply to that subscription to the extent this Subscriber Agreement conflicts with the applicable third party's terms. For subscriptions obtained via a third party, your billing relationship will be directly with the applicable third party. Any fees charged for your Phillips Live Service will be billed by the applicable third party using the payment information you have provided to such third party. To cancel a Phillips Live Service subscription obtained via a third party, please follow the cancellation instructions set out by the
applicable third party. You can visit our Help Center for instructions on how to cancel a Phillips Live Service
subscription obtained via a third party.
f. Bundled Subscription Options. We may offer a Phillips Live Service subscription bundled with other subscription services, including subscriptions to third-party products and services, e.g., a wireless plan. Notice of the terms of the bundled
subscription options will be provided to you at the time you register. Third-party subscriptions, products, and services are governed by terms of use issued by those third parties.
3. COPYRIGHT LICENSE GRANT AND RESTRICTIONS
a. License. Within the Territory and subject to the terms and conditions in this Subscriber Agreement, Phillips Live grants you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to do
the following:
i. Install and make non-commercial, personal use of the Phillips Live Service; and
ii. stream or temporarily download copyrighted materials, including but not limited to movies, television shows, other entertainment or informational programming, trailers, bonus materials, images, and artwork (the "Phillips Live Content") that are available to you from the Phillips Live Service.
This is a license agreement and not an agreement for sale or assignment of any rights in the Phillips Live Content or the Phillips Live Service. The purchase of a license to stream or temporarily download any Phillips Live Content does not create an ownership interest in the Phillips Live Content. Such Phillips Live Content, including the copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights in the Phillips Live Content, are owned by The Floyd Phillips Company, its affiliates and/or other licensors, and is protected by the copyright laws of the United States, as well as other intellectual property laws and treaties.
b. Restrictions on Your Use of the Phillips Live Content. You agree that as a condition of your license, you may not and agree not to:
i. circumvent or disable any content protection system or digital rights management technology used in connection with the Phillips Live Service to control access to the Phillips Live Content;
ii. copy the Phillips Live Content (except as expressly permitted by this Subscriber Agreement);
iii. rebroadcast, transmit or perform the Phillips Live Content available via the Phillips Live Service
iv. create derivative works of the Phillips Live Content; or
v. allow third parties to violate the above restrictions.
c. Restrictions on Your Use of the Phillips Live Service. You agree that as a condition of your license, you may not and agree not to:
i. move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the Phillips Live Service and/or the video player(s), underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the video player(s);
ii. modify the Phillips Live Service, including, but not limited to, by removing identification, copyright or other proprietary notices from the Phillips Live Content or the Phillips Live Service;
iii. access or use the Phillips Live Service in a manner that suggests an association with our products, services or brands;
iv. use the Phillips Live Service for any commercial or business related use or in any commercial establishment or area open to the public (e.g., lobby, bar, restaurant, diner, stadium, casino, dub, cafe, theater, etc.) or build a business utilizing the Phillips Live Content or Phillips Live Service, whether or not for profit:
v. create derivative works of any components of the Phillips Live Service owned by The Phillips Live Company, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law;
vi. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Phillips Live Service
vii. access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Phillips Live Service using a robot, spider, scraper or other automated means or manual process without our express written
Permission;
viii. damage, disable, overburden or impair the Phillips Live Service;
ix. use the Phillips Live Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Subscriber Agreement;
x. share your login credentials with third parties; or
xi. otherwise allow third parties to violate the above restrictions.
d. Violations. Any attempt to perform any of the restrictions listed in Sections 3(b) and 3c) above is a violation of the rights of
Phillips Live, and the copyright holder.
4. USAGE TERMS
a. Phillips Live Compatible Devices. Use of the Phillips Live Service requires compatible devices, and certain software may require periodic updates, and your use of the Phillips Live Service may be affected by the performance of these elements. You can access Phillips Live Content with almost any Internet-connected computer or through the Phillips Live Service application available for certain mobile or other devices (Internet connection required) (each, a "Compatible Device"). For specifics concerning supported devices, operating systems, web browsers and optimal streaming support please visit our Help Center. You can add a Compatible Device to your Phillips Live accounts by downloading the Phillips Live Service application(s) to the Compatible Device and by signing into your Phillips Live account{s) through the application.
b. Internet Connection. You must have a high speed Internet connection in order to access and use certain aspects of the Phillips Live Service.
c. Streaming Phillips Live Content. Phillips Live Content can be streamed through the Phillips Live Service over an active Internet connection. Up to four (4) concurrent streams are allowed for each Phillips Live account at any time. The number of concurrent streams available for use may change from time to time at our discretion.
d. Downloading Phillips Live Content. Phillips Live Content may be available for temporary download for offline viewing on certain Compatible Devices. Downloads are limited to a maximum of ten (10) Compatible Devices for each of the Phillips Live Service. You will not be permitted to download to an additional device once the maximum of ten (10) Compatible Devices has been reached for that service. You must connect your Compatible Device to the Internet and access the Phillips Live Service at least once every thirty (30) days for your downloaded Phillips Live Content to remain available for offline viewing. The length of time that certain temporary downloads remain available to you for offline viewing may change from time to time at our discretion.
e. Profiles. Phillips Live offers the option to personalize use of the Phillips Live Service through the creation of one or more profiles under one account. You may designate a profile as a Kid profile, which will restrict viewing of certain Phillips Live Content from within that profile. Please visit our Help Center if you would like more information about Kid profiles.
f. Phillips Live Content Availability. Certain Phillips Live Content available through the Phillips Live Service subscription may not be available in all countries or territories within the Territory. Geographic restrictions will be enforced according to the location from which you are accessing the Phillips Live Service, and we may use different technologies and methods to verify your geographic location.
g. Future Unavailability. It is possible that the Phillips Live Service, and/or some or all Phillips Live Content may not be available for streaming or downloading at any given time including (i) during any maintenance or update periods; (ii) any power or server outages; (iii) as a result of war, riots, strikes, social unrest; or (iv) as a result of other matters beyond the control of us or third parties. Phillips Live will take reasonable efforts to provide you with as much prior notice as possible; however, Phillips Live shall have no liability to you in such event. There may be times when we have to remove certain features or functionality and/or devices or platforms from being able to access the Phillips Live Service. We will do our best to let you know of any of these changes, usage rules and restrictions, but you acknowledge that we may do so in our sole discretion at any time without notice. You also agree that we will not be liable to you for any modification, suspension or discontinuance of the Phillips Live Service, although if you are a subscriber and we suspend or discontinue your subscription to the Phillips Live Service, we may, in our sole discretion, provide you with a credit, refund, discount or other form of consideration. However, if we terminate your account or suspend or discontinue your access to the Phillips Live Service due to your violation of the Subscriber Agreement, then you will not be eligible for any such credit, refund, discount or other consideration.
i. Promotional and Experimental Features. In our continued assessment of the Phillips Live Service, we may from time to time, with respect to any or all of our users, experiment or otherwise offer certain features or other elements of the Phillips Live Service, including promotional features, user interfaces, plans and pricing. Your use of any updates, modifications to, or replacement versions of the Phillips Live Service shall be governed by this Subscriber Agreement and any additional terms you agree to when you install such update, modification, or replacement
version.
5. USE AND SHARING OF CERTAIN INFORMATION
For more information about our collection, use, and sharing of your information please refer to our PRIVACY POLICY, which is incorporated herein by this reference.
Phillips Live reserve the right to, and you agree that Phillips Live may, release your details to system
administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents and violations of law.
You agree that Phillips Live may, in its sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the Phillips Live Service, and to any Phillips Live Content if Phillips Live believes you are using or have used the Phillips Live Service in violation of the Subscriber
Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, Phillips Live may restrict or suspend your access to your Phillips Live account(s) for cause and upon reasonable notice to you, which may be communicated electronically, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if Phillips Live reasonably believes that your Phillips Live account has been created fraudulently, your Phillips Live account has been accessed fraudulently, or anyone uses your Phillips Live account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. Phillips Live also reserve the right, after notice to you, to terminate any
Phillips Live account that remains inactive for one year (failure to log in to your Phillips Live account will constitute inactivity for purposes of this Agreement).
You agree that Phillips Live will not be liable to you of to any third party for any such restriction, suspension, or termination of your access to your Phillips Live account or content.
UPON TERMINATION OF YOUR PHILLIPS LIVE ACCOUNT, WHETHER TERMINATED BY PHILLIPS LIVE, OR AT YOUR
REQUEST (OTHER THAN A CANCELLATION OF YOUR SUBSCRIPTION, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE
TO THE END OF THE BILLING PERIOD), YOU WILL IMMEDIATELY LOSE THE RIGHT TO ACCESS STREAMED CONTENT
THROUGH THE PHILLIPS LIVE SERVICE AND WITHIN A LIMITED PERIOD WILL LOSE THE RIGHT TO VIEW PHILLIPS LIVE CONTENT DOWNLOADED WITHIN THE PHILLIPS LIVE SERVICE.
7. BINDING ARBITRATION AND CLASS ACTION WAIVER
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS.
Neither you nor Phillips Live will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
You and Phillips Live agree to arbitrate, as provided below, all disputes between you (including any related disputes involving The Floyd Phillips Company or its affiliates), that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. "Dispute" includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning the Phillips Live Service, or this Agreement, whether in
contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and Phillips Live empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any daim that all or any part of this Subscriber Agreement are void or voidable.
a. In the event of a dispute, you or Phillips Live must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the
dispute, and the relief requested. You must send any notice of dispute to Phillips Live, 8200 Haven Avenue, Los Angeles, California 90001, USA, Attention: Legal. We will send any notice of dispute to you at the contact information we have for you. You and Phillips Live will attempt to resolve a dispute through informal negotiation within sixty (60) days
from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
b. If you, Phillips Live do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.A Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services ("JAMS") in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "JAMS Rules"). The JAMS Rules and instructions about how to initiate an
arbitration are available at www.jamsadr.com or 1-800-352-5267. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in either Los Angeles, California or the borough of Manhattan, New York, New York, whichever is more convenient for you; provided, however, that if circumstances prevent you from traveling to Los Angeles or New York, JAMS may hold an in-person hearing in your hometown area. You and Phillips Live agree to submit to the exclusive jurisdiction of the
federal or state courts located in either Los Angeles, California or the borough of Manhattan, New York, New York, whichever is more convenient for you, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
In accordance with the JAMS Rules, the party initiating the arbitration (either you or Phillips Live) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management
Fees and all professional fees for the arbitrator's services, we will reimburse you for the filing fees you incurred.
Except as provided above with respect to jurisdiction in Los Angeles, California and Manhattan, New York, New York, nothing in
this arbitration provision shall be construed as consent by Phillips Live, or their affiliates to the jurisdiction of any other court
with regard to disputes, claims or controversies unrelated to the Phillips Live Service, or this Agreement.
8. ADDITIONAL PROVISIONS
a. You understand and agree that the Phillips Live Content you receive through the Phillips Live Service is intended for informational and entertainment purposes only; it does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
b. Content Subjectivity. Phillips Live Content tends to elicit varying reactions among different people. You may come across Phillips Live Content that you find offensive, indecent, explicit or objectionable. Also, content ratings, types, genres, categories, and/or descriptions are provided as suggestions to help with navigation and for informational
purposes. We do not guarantee that you will agree with them. You acknowledge these risks and your responsibility for making your own choices regarding what Phillips Live Content is appropriate for your family.
c. Photo sensitivities. Phillips Live Content may contain some flashing lights sequences or patterns which may affect users who are susceptible to photosensitive epilepsy or other photo sensitivities. Additionally, 4K UHD HDR content versions enable greater brightness and color saturation which may also affect users.
d. Content Quality. We use various technologies to provide you with an optimal viewing experience. For example, HD quality is available for certain Phillips Live Content and 4K Ultra HD quality is available for certain Phillips Live Content. That said, the playback quality of Phillips Live Content, including resolution, may be affected by the format of the Phillips Live Content, your location, the speed, bandwidth and specific terms of your Internet service, and the devices and/or equipment used, among other factors. The time it takes you to begin viewing Phillips Live Content will vary based on a number of factors, including your location, Internet bandwidth, the number of devices simultaneously connecting to the same network, the Phillips Live Content you have selected, and the configuration of the device you are using. As a result, we are unable to make any warranties about the Phillips Live Content in these respects.
e. Third-Party Services and Content. The Phillips Live Service may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the
terms of use, agreements and privacy policies that apply to such third-party services and content. If you access the Phillips Live Service using a third-party service or device (for example, an Apple iOS, Android or Microsoft Windows-powered device) then Apple Inc., Google, Inc. or Microsoft Corporation, respectively, or another such company that offers a third-party service or device, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract. You agree that your access to the Phillips Live Service using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service.
f. Mobile Networks. When you access the Phillips Live Service through a mobile network, your network or
roaming provider's messaging, data and other rates and fees will apply. Downloading, installing or using the Phillips Live Service may be prohibited or restricted by your network provider and the Phillips Live Service may not work with your network provider or device.
g. Submissions and Unsolicited Ideas Policies. Our policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary
relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. Phillips Live does not claim ownership over any ideas, suggestions, or other materials submitted; however, as to such materials, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, display, create derivative works, or otherwise exploit them for any purpose without limit as to time,
manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
g. Contact Information.
You may contact Phillips Live as follows:
by email at: help@phillips.live
h. DISCLAIMERS OF WARRANTY; LIABILITY LIMITATION. YOU ACKNOWLEDGE AND AGREE TO THE ESSENTIAL CONDITION THAT THE PHILLIPS LIVE CONTENT AS WELL AS THE PHILLIPS LIVE SERVICE ARE PROVIDED "AS IS* AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PHILLIPS LIVE, AND THEIR AFFILIATES, LICENSORS, AGENTS, AND SERVICE PROVIDERS (COLLECTIVELY, THE *PHILLIPS LIVE PARTIES") EACH EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, SATISFACTORY QUALITY AND NONINFRINGEMENT, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE PHILLIPS LIVE PARTIES DO NOT WARRANT THAT THE CONTENT AND THE PHILLIPS LIVE SERVICE WILL BE WITHOUT ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. THE PHILLIPS LIVE PARTIES DO NOT WARRANT OR OTHERWISE STATE THAT THE PHILLIPS LIVE CONTENT AND THE PHILLIPS LIVE SERVICE WILL MEET YOUR REQUIREMENTS. YOU AND NOT THE PHILLIPS LIVE PARTIES ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OCCASIONED BY USE OF THE PHILLIPS LIVE CONTENT AND THE PHILLIPS LIVE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE PHILLIPS LIVE PARTIES BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE PHILLIPS LIVE CONTENT OR THE PHILLIPS LIVE SERVICES, HOWEVER CAUSED. NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000). THE LIABILITY LIMITATIONS IN THIS SECTION APPLY UNDER ANY LEGAL THEORY (TORT, CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE) EVEN IF THE PHILLIPS LIVE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
j. Choice of Forum. You agree that any action at law or in equity arising out of or relating to this Agreement that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the borough of Manhattan, New York, New York, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
k. Choice of Law. This Agreement is governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any conflict of law principles.
|. Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall
be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
m. Survival. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.
n. Entire Agreement. This Subscriber Agreement and the provisions referenced herein, constitute the entire agreement between you and Phillips Live pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of the Subscriber Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
YOUR CALIFORNIA PRIVACY RIGHTS
Updated: 8/2/2022
This notice to California residents is provided under California law, including the California Consumer Privacy Act ("CCPA"), Cal. Civ. Code 1798.100, et seq. This notice supplements our Privacy Policy by explaining your privacy rights if you are a California resident, providing our “notice at collection,” and providing certain mandated disclosures about our treatment of California residents’ information, both online and offline.
Notice of Collection of Personal Information
We collect these categories of personal information when you interact with us: identifiers/contact information, demographic information (such as gender and age), payment card information associated with you, commercial information, Internet or other electronic network activity information, geolocation data, audio, electronic, visual or similar information, and inferences drawn from the above. We collect this information so that we can best serve you, including to fulfill your requests and to share offers that we think you may be interested in. A more detailed description of these purposes is in our Privacy Policy under “Use of Your Information by The Floyd Phillips Family of Companies.”
California residents also have the right to “opt out" of the “sale” of their “personal information” to “third parties” (as those terms are defined in the CCPA and described below).
CCPA Mandatory Disclosures
We also make the following disclosures for purposes of compliance with the CCPA:
- We collected the following categories of personal information in the last 12 months: identifiers/contact information, demographic information (such as gender and age), payment card information associated with you, commercial information, Internet or other electronic network activity information, geolocation data, audio, electronic, visual or similar information, and inferences drawn from the above.
- The sources of personal information from whom we collected are: directly from our guests, third-party sites or platforms that you link with your registration account, analytics tools, social networks, advertising networks, and third-party services that update or supplement information we hold about you.
- The business or commercial purposes of collecting personal information are as summarized in our “notice at collection” section, and as described in more detail in our Privacy Policy under “Use of Your Information by The Floyd Phillips Family of Companies."
- We disclosed the following categories of personal information for a business purpose in the last 12 months: identifiers/contact information, demographic information (such as gender and age), payment card information associated with you, commercial information, Internet or other electronic network activity information, geolocation data, audio, electronic, visual or similar information, and inferences drawn from the above.
We disclosed each category to third-party business partners and service providers, third-party sites or platforms such as social networking sites, and other third parties as described in the “Sharing Your Personal Information with Other Entities” section of the Privacy Policy.
- As the term is defined by the CCPA, we “sold” the following categories of personal information in the last 12 months: identifiers/contact information, Internet or other electronic network activity information, and inferences drawn from the above. We “sold” each category to advertising networks, data analytics providers, and social networks.
- The business or commercial purposes of “selling” personal information is for third-party companies to perform services on our behalf, such as marketing, advertising, and audience measurement.
- We do not “sell” personal information of known minors under 16 years of age.
Your Rights
Right to Access
If you are a California resident, you have the right to request, up to two times each year, access to categories and specific pieces of personal information about you that we collect, use, disclose, and sell.
Right to Delete
if you are a Califomia resident, you have the right to request that we delete personal information that we collect from you, subject to applicable legal exceptions.
Right to Opt Out of Sale of Personal Information
If you are a California resident, you have the right to “opt out" of the “sale” of your “personal information” to “third parties" (as those terms are defined in the CCPA).
Process to Make a CCPA Request
Making Access and Deletion Requests
To make an access or deletion request, please visit thefloydphillipscompany.com/privacy-policy. Before completing your request, we may need to verify your identity. We will send you a link to verify your email address and may request additional documentation or information solely for the purpose of verifying your identity.
Instructions for Authorized Agents Making Access and Deletion Requests
You may also use an authorized agent to submit an access or deletion request on your behalf. Authorized agents may submit access and deletion requests at thefloydphillipscompany.com/privacy-policy. An authorized agent must have your signed permission to submit a
request on your behalf or provide proof that they have power of attorney in accordance with California probate law. Authorized
agents that are business entities must be registered with the California Secretary of State to conduct business in California.
Before completing requests from authorized agents, we may contact you directly to confirm you've given your permission and/or to verify your identity.
Making Requests to “Opt Out” of the “Sale” of “Personal Information”
To submit a request to opt out of the sale of your personal information, you may visit our “Do Not Sell My Personal Information” Rights page or send an email to caprivacy@thefloydphillipscompany.com with the subject line “do not sell info.” You may also use an authorized agent to submit a request to opt out on your behalf if you provide the authorized agent signed written permission to do so. Authorized agents may submit requests to opt out by visiting thefloydphillipscompany.com/privacy-policy. You have the right not to receive discriminatory treatment for the exercise of your privacy rights conferred by the CCPA.
Shine the Light Act
if you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure
of your personal information by certain members of The Floyd Phillips Family of Companies to third parties for the third parties’ direct marketing purposes. We take great pride in the relationship of trust we have built with our guests over many years and we are dedicated to treating your personal information with care and respect. Pursuant to California Civil Code Section 1798.83(c) (2), members of The Floyd Phillips Family of Companies do not share guests’ personal information with other member companies
or others outside The Floyd Phillips Family of Companies for those parties’ direct marketing use unless a guest elects that we do so.
- To make such a request, please send an email to caprivacy@thefloydphillipscompany.com or write us at:
Removal of Content
if you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have
publicly posted.
- To make such a request, please send an email with a detailed description of the specific content or information to caprivacy@thefloydphillipscompany.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if
requested.
CALIFORNIA PRIVACY RIGHTS METRICS
Request to Know
- Requests Received: 0
- Requests Completed in Whole or in Part: 0
- Requests Not Completed*: 0
- Average Days to Complete: 0
Request to Delete
- Requests Received: 0
- Requests Completed in Whole or in Part: 0
- Requests Not Completed*: 0
- Average Days to Complete: 0
Do Not Sell My Information
- Requests Received: 0
- Requests Completed in Whole or in Part: 0
- Requests Not Completed*: 0
- Average Days to Complete: 0
This data reflects all requests received from individuals in the U.S. as well as certain requests from individuals outside of the U.S.
between January 1 and December 31, 2022.
* Requests may not be completed due to various factors including because a request was not verifiable, was made multiple times, or where we did not have any personal information associated with the requester.
THE FLOYD PHILLIPS COMPANY
To learn more about your Do Not Sell My Personal Information rights, visit us here: thefloydphillipscompany.com/privacy-policy
LEGAL
PRIVACY POLICY
Last modified 8/1/2022
SCOPE OF THIS POLICY
This privacy policy describes the processing of information provided or collected on the sites and applications where this privacy policy is posted, whether on our digital properties or on applications we make available on third-party sites or platforms. It also describes the processing of guest information provided to us or collected by us offline in our physical properties, such as in our stores, theme parks, resorts, and cruise ships, or through our guest call centers. We follow this privacy policy in accordance with applicable law in the places where we operate. In some cases, we may provide additional data privacy notices specific to certain products, practices, or regions. Those terms are to be read in conjunction with this policy.
Please keep in mind that when you provide information to us on a third-party site or platform (for example, via our applications), the information you provide may be separately collected by the third-party site or platform. The information we collect is covered by this privacy policy, and the information the third-party site or platform collects is subject to the third-party site or platform's Privacy practices. Privacy choices you have made on the third-party site or platform will not apply to our use of the information we have collected directly through our applications. Please also keep in mind that our sites and applications may contain links to other sites not owned or controlled by us and we are not responsible for the privacy practices of those sites. We encourage you to be aware when you leave our sites or applications and to read the privacy policies of other sites that may collect your personal information.
WHO WE ARE
Our company includes many different brands. When you visit, shop, or create an account with us, or use sites and applications, your information is controlled by a member of The Floyd Phillips Family of Companies. The list of relevant data controllers can be found here.
TYPES OF INFORMATION WE COLLECT
We collect two basic types of information - personal information (as defined in this policy) and anonymous information (as defined in this policy) - and we may use personal and anonymous information to create a third type of information, aggregate information (also defined in this policy). In particular, we collect:
- Registration information you provide when you create an account, enter a promotion, or link your profile on a third-party site or platform with your registration account, such as your first name and surname, country of residence, gender, date of birth, email address, username, and password;
- Transaction information you provide when you request information, contact Guest Services, or purchase, return, request, or exchange a product or service from us, such as your postal address, telephone number, and payment information;
- Information you provide in public forums on our sites and applications, such as your public posts;
- Information sent either one-to-one or within a limited group using our message, chat, post, or similar functionality, where we are permitted by applicable law to collect this information;
- Information we obtain from a third party, such as a site or platform provider, about use of our applications on third-party platforms or devices;
- Location information, including location information provided by a mobile or other device interacting with one of our sites,
applications, or physical properties (including through beacon technologies), or associated with your IP address or other online or device identifier, where we are permitted by law to process this information;
- Activity information about your use, and the use by any person(s) you authorize through your account, of our sites and applications, such as the content you view or post, how often you use our services, and your preferences;
- Usage, viewing, technical, and device data when you visit our sites, use our applications on third-party sites or platforms, or open emails we send, or connect with our wireless Internet access services and other similar technologies, including your
browser or device type, unique device identifier, and IP address;
- Still or video images captured by cameras or readers on or around our physical properties; and
- Call recordings when you call our reservation centers or other guest services phone numbers.
HOW WE COLLECT YOUR INFORMATION
- We collect information you provide to us when you request or purchase products, services, or information from us, register with us (including when you link your profile on a third-party site or platform with your registration account), participate in public forums or other activities on our sites and applications, respond to guest surveys, visit our physical properties, call our
reservation centers or other guest services phone numbers, or otherwise interact with us using one or more devices. You may
provide information in a variety of ways, including by typing or using voice commands.
- We collect information through a variety of technologies, such as cookies, Flash cookies, pixels, tags, software development kits, application program interfaces, and Web beacons, including when you visit our sites and applications or use our applications on third-party sites or platforms using one or more devices, whether or not you are logged in or registered. Please visit Online Tracking Technologies and Advertising for further information, including Do Not Track and how to disable cookies and otherwise make choices with respect to such data collection.
- We collect information using analytics tools, including when you visit our sites and applications or use our applications on third-party sites or platforms.
- We acquire information from other trusted sources to update or supplement the information you provided or we collected
automatically, such as when we validate postal address information using third party services. Applicable law may require that you authorize the third party to share your information with us before we can acquire it.
USE OF YOUR INFORMATION BY THE FLOYD PHILLIPS FAMILY OF COMPANIES
The member of The Floyd Phillips Family of Companies that is the data controller for your information is responsible for and may use your information for the purposes described in this policy. Other members of The Floyd Phillips Family of Companies may access your information where they perform services on behalf of the data controllers (as data processors) and, unless prohibited under applicable law, for use on their own behalf (as data controllers) for the purposes described in this policy.
Consistent with applicable law and choices and controls that may be available to you, we may use information collected from you, or from devices associated with you, to:
- Provide you with the experiences, products, and services you request, view, engage with, or purchase;
- Communicate with you about your account or transactions with us and send you information or request feedback about features on our sites and applications or changes to our policies;
- Send you offers and promotions for our products and services or third-party products and services;
- Personalize content and experiences;
- Provide you with targeted advertising based on your activity on our sites and applications and on third-party sites and
applications;
- to learn more about how we use your information for personalization and tracking, please visit Online Tracking Technologies
and Advertising.
- Operate, understand, optimize, develop, or improve our sites, applications, products, services and operations, including by
using guest survey research and analytics tools; and
- Detect, investigate and prevent activities that may violate our policies, pose safety issues, or be fraudulent or illegal; and
- Notify you of product recalls or safety issues.
SHARING YOUR INFORMATION WITH OTHER ENTITIES
We will not share your personal information with a third party outside The Floyd Phillips Family of Companies except in limited circumstances, including:
- When you allow us to share your personal information with another company, by electing to share your personal information with carefully selected companies so that they can send you offers and promotions about their products and services;
- When you direct us to share your personal information with another company to fulfill your request, such as:
- When you book travel packages with us that include goods or services provided by third-party partners, such as airlines,
ground transportation providers, third-party hotels, and travel insurance providers; and
- When you book dining reservations through us for restaurants operated by third parties.
- When you direct us to share your personal information with third-party sites or platforms, such as social networking sites.
- Please note that once we share your personal information with another company in the above circumstances, the information received by the other company is controlled by that company and becomes subject to the other company’s privacy practices.
- When we cooperate with financial institutions to offer co-branded products or services to you, such as our co-branded Phillips Rewards Visa Card; however, we will do so only if permitted by applicable law and, in these cases, the financial institutions are prohibited from using your personal information for purposes other than those related to the co-branded products or services;
- When companies perform services on our behalf, like package delivery, marketing and advertising, and customer service; however, these companies are prohibited from using your personal information for purposes other than those requested by us or required by law; and
- When we share your personal information with third parties in connection with the sale of a business, to enforce our Terms of Use or rules, to ensure the safety and security of our guests and third parties, to protect our rights and property and the rights and property of our guests and third parties, to comply with legal process, or in other cases if we believe in good faith that disclosure is required by law.
YOUR CONTROLS AND CHOICES
We provide you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information.
In accordance with applicable law, your controls and choices may include:
- Correcting, updating, and deleting your registration account (Logout);
- Choosing or changing your choices for subscriptions, newsletters, and alerts;
- Choosing whether to receive from us offers and promotions for our products and services, or products and services that we think may be of interest to you;
- Choosing whether we share your personal information with other companies so they can send you offers and promotions about their products and services;
- Controlling targeted advertising from many ad networks and partners; data exchanges; and marketing analytics and digital
advertising and marketing service providers (by visiting the Digital Advertising Alliance);
- Choosing to control targeted advertising you receive within applications by using the settings and choices made available to
you through your device(s), for example, by re-setting your device's advertising identifier and/or opting out of interest based ads;
- Choosing to limit participation in Nielsen digital measurement research (for non-Panelists);
- Requesting removal of your personal information from a public forum on one of our sites or application; and
- Requesting access to the personal information we hold about you and that we amend or delete it.
You may exercise these controls and choices in various ways, including by visiting Communication Choices (under the Privacy Controls tab), contacting Phillips Help, following instructions provided in communications sent to you, or by using your device or other available settings (for example, by re-setting your device's advertising identifier and/or opting out of interest based ads).
You can opt out of interest based ads by visiting the Digital Advertising Alliance or European Interactive Digital Advertising Alliance or using the opt-out mechanism in the “Interest Based Ads” link in the footer of the site you are visiting.
Please be aware that if you do not allow us to collect personal information from you, we may not be able to deliver certain experiences, products, and services to you, and some of our services may not be able to take account of your interests and
preferences. If collection of personal information is mandatory, we will make that clear at the point of collection so that you can make an informed decision whether to participate. If you have questions about the specific personal information about you that we process or retain, and your rights regarding that personal information, please contact Phillips Help.
CHILDREN'S PRIVACY
We recognize the need to provide further privacy protections with respect to personal information we may collect from children on our sites and applications. Some of the features on our sites and applications are age-gated so that they are not available for use by children, and we do not knowingly collect personal information from children in connection with those features. When we intend to collect personal information from children, we take additional steps to protect children’s privacy, including:
- Notifying parents about our information practices with regard to children, including the types of personal information we may
collect from children, the uses to which we may put that information, and whether and with whom we may share that information;
- In accordance with applicable law, and our practices, obtaining consent from parents for the collection of personal information from their children, or for sending information about our products and services directly to their children;
- Limiting our collection of personal information from children to no more than is reasonably necessary to participate in an online activity; and
- Giving parents access or the ability to request access to personal information we have collected from their children and the ability to request that the personal information be changed or deleted.
For additional information about our practices in the United States regarding children’s personal information, please read our
Children’s Privacy Policy.
DATA SECURITY, INTEGRITY, AND RETENTION
The security, integrity, and confidentiality of your information are extremely important to us. We have implemented technical,
administrative, and physical security measures that are designed to protect guest information from unauthorized access, disclosure, use, and modification. We regularly review our security procedures to consider appropriate new technology and methods. Please be aware that, despite our best efforts, no security measures are perfect or impenetrable. We will retain your
personal information for the length of time needed to fulfill the purposes outlined in this privacy policy unless a longer retention period is required or permitted by law.
DATA TRANSFERS, STORAGE, AND PROCESSING GLOBALLY
We operate globally and may transfer your personal information to individual companies of The Floyd Phillips Family of Companies or third parties in locations around the world for the purposes described in this privacy policy. Wherever your
personal information is transferred, stored or processed by us, we will take reasonable steps to safeguard the privacy of your personal information. These steps may include implementing standard contractual clauses where recognized by law, obtaining your consent, or other lawful means of transferring personal information.
CHANGES TO THIS PRIVACY POLICY
From time to time, we may change this privacy policy to accommodate new technologies, industry practices, regulatory requirements or for other purposes. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on our sites and applications, or by other means, consistent with applicable law.
COMMENTS AND QUESTIONS
If you have a comment or question about this privacy policy, please contact Phillips Help.
CALIFORNIA RESIDENTS’ RIGHTS
Notice to California Residents: If you are a California resident, you may have certain additional privacy rights. Visit our Your California Privacy Rights page for more information, including how Authorized Agents may make certain requests on behalf of California Residents.
UK, EU, & EMEA RESIDENTS' RIGHTS
Notice to UK & EU Residents: If you are an EU or UK resident, you may have certain additional privacy rights. Visit our UK & EU
Privacy Rights page for more information.
For residents of countries in the Middle East, Africa, and European countries that are not part of the EU, visit our EMEA Privacy Rights page for more information.
BRAZILIAN RESIDENTS’ RIGHTS
Notice to Brazilian Residents: If you are a Brazilian resident, you may have certain additional privacy rights. Visit our Data Protection in Brazil page for more information.
DEFINITIONS
AGGREGATE INFORMATION
Aggregate information means information about groups or categories of guests, which does not identify and cannot reasonably
be used to identify an individual guest.
ANONYMOUS INFORMATION
Anonymous information means information that does not directly or indirectly identify, and cannot reasonably be used to
identify, an individual guest.
APPLICATION
Application means a program or service operated by us (or on our behalf) that may be displayed on various online, mobile, or other platforms and environments, including those operated by third parties, which permits us to interact directly with our guests.
CHILDREN
Children means individuals who we have identified are not of legal age to consent to the collection and processing of their personal information. In the United States and Latin America, the term “children” refers to individuals under 13 years of age.
DATA CONTROLLER
The data controller is the subsidiary or affiliated entity of The Floyd Phillips Company that is responsible for the personal information collected and used within the scope of this policy from our sites and applications.
DATA PROCESSOR
A data processor is a person or entity that processes personal information on behalf of a data controller (or data controllers) and is permitted to perform data processing only as directed by the data controller(s).
IP ADDRESS
An IP address is associated with the access point through which you enter the Internet, and is typically controlled by your Internet Service Provider (ISP), your company, or your university. We may use IP addresses to collect information regarding the frequency with which our quests visit various parts of our sites and applications, and we may combine IP addresses with personal information.
MEMBER
Member means a subsidiary or affiliated entity that is part of The Floyd Phillips Family of Companies.
PARENTS
Parents means a parent or legal guardian.
PERSONAL INFORMATION
Personal information means information that identifies (whether directly or indirectly) a particular individual, such as the
individual's name, postal address, email address, and telephone number. When anonymous information is directly or indirectly associated with personal information, the resulting information also is treated as personal information.
PUBLIC FORUMS
Our sites and applications may offer message boards, conversation pages, blogs, chat rooms, social community environments, profile pages, and other forums that do not have a restricted audience. If you provide personal information when you use any of these features, that personal information may be publicly posted and otherwise disclosed without limitation as to its use by us or by a third party.
THE FLOYD PHILLIPS FAMILY OF COMPANIES
The Floyd Phillips Family of Companies refers to The Floyd Phillips Company and its subsidiary and affiliated entities, which offer their products and services under various brand names. These companies engage in a number of businesses, including theme parks and travel, motion pictures and television, publishing, consumer products and interactive services. The Floyd Phillips Company brands include, among others, the following:
- Floyd Phillips Studios
- Phillips Live Events
- Phillips Live
- Phillips Baby
- Phillips Wildlife
- Phillips Celebrations
- Phillips Publishing Worldwide
- Kiddy's Kingdom
- Phillips Meetings & Events
- Phillips Channel
- Phillips Fairy Tale Weddings
- Phillips Learning
- shopPhillips
- Phillips Central
- Phillips Academy
- Kub Klub
- Phillips Holiday
- Phillips Warrior Queen
- Phillips Pets
- Phillips Studio
- Radio Phillips
- Phillips Interactive Media
- Phillips Licensing
- Phillips Consumer Products
- Floyd Phillips Island
Phillips Live Subscriber Agreement
Updated: 8/2/2022
Phillips Platform Distribution, Inc., located at 8200 Haven Avenue, Los Angeles, CA 90001 ("Phillips Live*) and Phillips Interactive Media, LLC, located at 8200 Haven Avenue, Los Angeles, CA 90001 ("Phillips Live") (collectively, "we", "us") welcome you to the Phillips Live Service. The "Phillips Live Service" includes the Phillips Live website, application and associated content and services.
PLEASE READ THIS SUBSCRIBER AGREEMENT ("SUBSCRIBER AGREEMENT", OR “AGREEMENT") CAREFULLY BEFORE USING THE PHILLIPS LIVE SERVICE.
THIS AGREEMENT WILL GOVERN YOUR USE OF THE PHILLIPS LIVE SERVICES.
You agree to the Subscriber Agreement by clicking "Agree & Continue” or other industry standard mechanism during the
Phillips Live registration process and ratify your agreement when you use any aspect of the Phillips Live Service. If you do not agree to the Subscriber Agreement, you may not use the Phillips Live Service. We may amend this Agreement. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Phillips Live Service. If you do not agree to any change to the Subscriber Agreement, you must discontinue using the Phillips Live Service. Our customer service representatives are not authorized to modify any provision of the Subscriber Agreement, either verbally or in writing.
ANY DISPUTE BETWEEN YOU AND US, EXCEPT FOR SMALL CLAIMS, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THIS AGREEMENT AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
List of Sections
1. User Eligibility and Registration
2. Subscription Terms
3. Copyright License Grant and Restrictions
4. Usage Terms
5. Use and Sharing of Certain Information
6. Suspension and Termination
7. Binding Arbitration and Class Action Waiver
8. Additional Provisions
1. USER ELIGIBILITY AND REGISTRATION
a. Eligibility and Age Limitations. Only residents of the countries where we offer the Phillips Live Service (collectively, the “Territory’) are eligible to register for a Phillips Live account. This Subscriber Agreement governs for residents of the United States and all U.S. territories. You must be 18 years of age, or the age of majority in your state or territory of residence, to purchase the Phillips Live Service. The Phillips Live Service are provided to individuals for their personal, noncommercial use only. Companies, associations and other groups may not register for a Phillips Live account or use the Phillips Live Service. Individuals under the age of 13 are not eligible for a Phillips Live account and are not permitted to provide personal information to Phillips Live.
b. Registration. Only individuals that have registered for a Phillips Live account, provide certain information (e.g., a valid email address), and agree to the Subscriber Agreement are eligible to use the Phillips Live Service. You are solely responsible for maintaining the confidentiality and security of your username and password and for all activities that occur on or through your Phillips Live accounts. However, if you allow others to access your Phillips Live account, this Agreement, as well any specific consents you may have provided, also applies to their access, use, and disclosure of information. You agree to immediately notify Phillips Live of any unauthorized access to your Phillips Live account. Phillips Live will not be responsible for any losses arising from the unauthorized use of your Phillips Live accounts.
c. Notices. Any notices Phillips Live delivers to you may be made as follows: (i) by email to the last email address provided
by you or (ii) by posting a notice on the Phillips Live Service. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person's username, password or
other account information, or another person's name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.
2. SUBSCRIPTION TERMS
a. Subscription and Auto-Renewal. Your subscription to the Phillips Live Service includes enrollment into an
ongoing/recurring payment plan. Your subscription(s) will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. Your “billing period” is the interval of time between each recurring billing date and corresponds to the term of your subscription. To see your next recurring billing date, log in to your account and view your account details. You acknowledge that the timing of when you are billed may vary, including if your subscription began on a day not contained in a given month (e.g. if you have a monthly subscription and became a paying subscriber on January 31, your payment method would be billed next on February 28). We reserve the right to change our pricing. In the event of a price change, we will attempt to notify you thirty (30) days in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email and below. If you do not cancel your subscription after the price change takes effect and prior to the start of your new subscription period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes. You are responsible for all third-party Internet access charges and taxes in connection with your use of the Phillips Live Service. Please check with your Internet provider for information on possible Internet data usage charges.
b. Free Trials. Your Phillips Live Service subscription(s) may begin with a free trial. Availability of a free trial is not guaranteed and, if one is available, is only available on the specified terms of the free trial to those who have not previously
used one for the Phillips Live Service. Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation below. You can cancel
your subscription at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register and you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun.
c. Cancellation and Refund Policy. You can cancel your subscription at any time before the end of the current billing period or
free trial. Cancellation will take effect at the end of the current billing period or free trial, and you will still be able to access the Phillips Live Service until then. We do not refund or credit for partially used billing periods. To cancel your Phillips Live Service subscription, navigate to www.phillips.live/account/cancel-subscription and click “Complete Cancellation."
d. Payment Details. We will keep your detailed payment information, such as credit card number and expiry date, on file. We may share your payment information within The Floyd Phillips Company (e.g., shopPhillips, Phillips Studio, etc.), if you consent to such sharing during the purchase process. You are responsible for keeping your payment details up-to-date by changing the details in your account settings. Where your details change or are due to expire, we may obtain or receive from your payment provider updated payment details including your card number, expiry date and CVV (or equivalent). This enables us to continue to provide you access to the Phillips Live Service. You authorize us to continue to charge your card using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription. You also agree that we may charge your payment method on file if you decide to restart your Phillips Live Service subscription.
e. Subscriptions Obtained Through Third Parties. If you obtain a Phillips Live Service subscription via a third party (e.g., an app store), that subscription is also subject to the third party's terms, and the provisions in this Subscriber Agreement concerning subscription purchase, billing, cancellation/refunds, and payment do not apply to that subscription to the extent this Subscriber Agreement conflicts with the applicable third party's terms. For subscriptions obtained via a third party, your billing relationship will be directly with the applicable third party. Any fees charged for your Phillips Live Service will be billed by the applicable third party using the payment information you have provided to such third party. To cancel a Phillips Live Service subscription obtained via a third party, please follow the cancellation instructions set out by the
applicable third party. You can visit our Help Center for instructions on how to cancel a Phillips Live Service
subscription obtained via a third party.
f. Bundled Subscription Options. We may offer a Phillips Live Service subscription bundled with other subscription services, including subscriptions to third-party products and services, e.g., a wireless plan. Notice of the terms of the bundled
subscription options will be provided to you at the time you register. Third-party subscriptions, products, and services are governed by terms of use issued by those third parties.
3. COPYRIGHT LICENSE GRANT AND RESTRICTIONS
a. License. Within the Territory and subject to the terms and conditions in this Subscriber Agreement, Phillips Live grants you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to do
the following:
i. Install and make non-commercial, personal use of the Phillips Live Service; and
ii. stream or temporarily download copyrighted materials, including but not limited to movies, television shows, other entertainment or informational programming, trailers, bonus materials, images, and artwork (the "Phillips Live Content") that are available to you from the Phillips Live Service.
This is a license agreement and not an agreement for sale or assignment of any rights in the Phillips Live Content or the Phillips Live Service. The purchase of a license to stream or temporarily download any Phillips Live Content does not create an ownership interest in the Phillips Live Content. Such Phillips Live Content, including the copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights in the Phillips Live Content, are owned by The Floyd Phillips Company, its affiliates and/or other licensors, and is protected by the copyright laws of the United States, as well as other intellectual property laws and treaties.
b. Restrictions on Your Use of the Phillips Live Content. You agree that as a condition of your license, you may not and agree not to:
i. circumvent or disable any content protection system or digital rights management technology used in connection with the Phillips Live Service to control access to the Phillips Live Content;
ii. copy the Phillips Live Content (except as expressly permitted by this Subscriber Agreement);
iii. rebroadcast, transmit or perform the Phillips Live Content available via the Phillips Live Service
iv. create derivative works of the Phillips Live Content; or
v. allow third parties to violate the above restrictions.
c. Restrictions on Your Use of the Phillips Live Service. You agree that as a condition of your license, you may not and agree not to:
i. move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the Phillips Live Service and/or the video player(s), underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the video player(s);
ii. modify the Phillips Live Service, including, but not limited to, by removing identification, copyright or other proprietary notices from the Phillips Live Content or the Phillips Live Service;
iii. access or use the Phillips Live Service in a manner that suggests an association with our products, services or brands;
iv. use the Phillips Live Service for any commercial or business related use or in any commercial establishment or area open to the public (e.g., lobby, bar, restaurant, diner, stadium, casino, dub, cafe, theater, etc.) or build a business utilizing the Phillips Live Content or Phillips Live Service, whether or not for profit:
v. create derivative works of any components of the Phillips Live Service owned by The Phillips Live Company, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law;
vi. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Phillips Live Service
vii. access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Phillips Live Service using a robot, spider, scraper or other automated means or manual process without our express written
Permission;
viii. damage, disable, overburden or impair the Phillips Live Service;
ix. use the Phillips Live Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Subscriber Agreement;
x. share your login credentials with third parties; or
xi. otherwise allow third parties to violate the above restrictions.
d. Violations. Any attempt to perform any of the restrictions listed in Sections 3(b) and 3c) above is a violation of the rights of
Phillips Live, and the copyright holder.
4. USAGE TERMS
a. Phillips Live Compatible Devices. Use of the Phillips Live Service requires compatible devices, and certain software may require periodic updates, and your use of the Phillips Live Service may be affected by the performance of these elements. You can access Phillips Live Content with almost any Internet-connected computer or through the Phillips Live Service application available for certain mobile or other devices (Internet connection required) (each, a "Compatible Device"). For specifics concerning supported devices, operating systems, web browsers and optimal streaming support please visit our Help Center. You can add a Compatible Device to your Phillips Live accounts by downloading the Phillips Live Service application(s) to the Compatible Device and by signing into your Phillips Live account{s) through the application.
b. Internet Connection. You must have a high speed Internet connection in order to access and use certain aspects of the Phillips Live Service.
c. Streaming Phillips Live Content. Phillips Live Content can be streamed through the Phillips Live Service over an active Internet connection. Up to four (4) concurrent streams are allowed for each Phillips Live account at any time. The number of concurrent streams available for use may change from time to time at our discretion.
d. Downloading Phillips Live Content. Phillips Live Content may be available for temporary download for offline viewing on certain Compatible Devices. Downloads are limited to a maximum of ten (10) Compatible Devices for each of the Phillips Live Service. You will not be permitted to download to an additional device once the maximum of ten (10) Compatible Devices has been reached for that service. You must connect your Compatible Device to the Internet and access the Phillips Live Service at least once every thirty (30) days for your downloaded Phillips Live Content to remain available for offline viewing. The length of time that certain temporary downloads remain available to you for offline viewing may change from time to time at our discretion.
e. Profiles. Phillips Live offers the option to personalize use of the Phillips Live Service through the creation of one or more profiles under one account. You may designate a profile as a Kid profile, which will restrict viewing of certain Phillips Live Content from within that profile. Please visit our Help Center if you would like more information about Kid profiles.
f. Phillips Live Content Availability. Certain Phillips Live Content available through the Phillips Live Service subscription may not be available in all countries or territories within the Territory. Geographic restrictions will be enforced according to the location from which you are accessing the Phillips Live Service, and we may use different technologies and methods to verify your geographic location.
g. Future Unavailability. It is possible that the Phillips Live Service, and/or some or all Phillips Live Content may not be available for streaming or downloading at any given time including (i) during any maintenance or update periods; (ii) any power or server outages; (iii) as a result of war, riots, strikes, social unrest; or (iv) as a result of other matters beyond the control of us or third parties. Phillips Live will take reasonable efforts to provide you with as much prior notice as possible; however, Phillips Live shall have no liability to you in such event. There may be times when we have to remove certain features or functionality and/or devices or platforms from being able to access the Phillips Live Service. We will do our best to let you know of any of these changes, usage rules and restrictions, but you acknowledge that we may do so in our sole discretion at any time without notice. You also agree that we will not be liable to you for any modification, suspension or discontinuance of the Phillips Live Service, although if you are a subscriber and we suspend or discontinue your subscription to the Phillips Live Service, we may, in our sole discretion, provide you with a credit, refund, discount or other form of consideration. However, if we terminate your account or suspend or discontinue your access to the Phillips Live Service due to your violation of the Subscriber Agreement, then you will not be eligible for any such credit, refund, discount or other consideration.
i. Promotional and Experimental Features. In our continued assessment of the Phillips Live Service, we may from time to time, with respect to any or all of our users, experiment or otherwise offer certain features or other elements of the Phillips Live Service, including promotional features, user interfaces, plans and pricing. Your use of any updates, modifications to, or replacement versions of the Phillips Live Service shall be governed by this Subscriber Agreement and any additional terms you agree to when you install such update, modification, or replacement
version.
5. USE AND SHARING OF CERTAIN INFORMATION
For more information about our collection, use, and sharing of your information please refer to our PRIVACY POLICY, which is incorporated herein by this reference.
Phillips Live reserve the right to, and you agree that Phillips Live may, release your details to system
administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents and violations of law.
You agree that Phillips Live may, in its sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the Phillips Live Service, and to any Phillips Live Content if Phillips Live believes you are using or have used the Phillips Live Service in violation of the Subscriber
Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, Phillips Live may restrict or suspend your access to your Phillips Live account(s) for cause and upon reasonable notice to you, which may be communicated electronically, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if Phillips Live reasonably believes that your Phillips Live account has been created fraudulently, your Phillips Live account has been accessed fraudulently, or anyone uses your Phillips Live account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. Phillips Live also reserve the right, after notice to you, to terminate any
Phillips Live account that remains inactive for one year (failure to log in to your Phillips Live account will constitute inactivity for purposes of this Agreement).
You agree that Phillips Live will not be liable to you of to any third party for any such restriction, suspension, or termination of your access to your Phillips Live account or content.
UPON TERMINATION OF YOUR PHILLIPS LIVE ACCOUNT, WHETHER TERMINATED BY PHILLIPS LIVE, OR AT YOUR
REQUEST (OTHER THAN A CANCELLATION OF YOUR SUBSCRIPTION, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE
TO THE END OF THE BILLING PERIOD), YOU WILL IMMEDIATELY LOSE THE RIGHT TO ACCESS STREAMED CONTENT
THROUGH THE PHILLIPS LIVE SERVICE AND WITHIN A LIMITED PERIOD WILL LOSE THE RIGHT TO VIEW PHILLIPS LIVE CONTENT DOWNLOADED WITHIN THE PHILLIPS LIVE SERVICE.
7. BINDING ARBITRATION AND CLASS ACTION WAIVER
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS.
Neither you nor Phillips Live will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
You and Phillips Live agree to arbitrate, as provided below, all disputes between you (including any related disputes involving The Floyd Phillips Company or its affiliates), that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. "Dispute" includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning the Phillips Live Service, or this Agreement, whether in
contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and Phillips Live empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any daim that all or any part of this Subscriber Agreement are void or voidable.
a. In the event of a dispute, you or Phillips Live must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the
dispute, and the relief requested. You must send any notice of dispute to Phillips Live, 8200 Haven Avenue, Los Angeles, California 90001, USA, Attention: Legal. We will send any notice of dispute to you at the contact information we have for you. You and Phillips Live will attempt to resolve a dispute through informal negotiation within sixty (60) days
from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
b. If you, Phillips Live do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.A Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services ("JAMS") in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "JAMS Rules"). The JAMS Rules and instructions about how to initiate an
arbitration are available at www.jamsadr.com or 1-800-352-5267. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in either Los Angeles, California or the borough of Manhattan, New York, New York, whichever is more convenient for you; provided, however, that if circumstances prevent you from traveling to Los Angeles or New York, JAMS may hold an in-person hearing in your hometown area. You and Phillips Live agree to submit to the exclusive jurisdiction of the
federal or state courts located in either Los Angeles, California or the borough of Manhattan, New York, New York, whichever is more convenient for you, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
In accordance with the JAMS Rules, the party initiating the arbitration (either you or Phillips Live) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management
Fees and all professional fees for the arbitrator's services, we will reimburse you for the filing fees you incurred.
Except as provided above with respect to jurisdiction in Los Angeles, California and Manhattan, New York, New York, nothing in
this arbitration provision shall be construed as consent by Phillips Live, or their affiliates to the jurisdiction of any other court
with regard to disputes, claims or controversies unrelated to the Phillips Live Service, or this Agreement.
8. ADDITIONAL PROVISIONS
a. You understand and agree that the Phillips Live Content you receive through the Phillips Live Service is intended for informational and entertainment purposes only; it does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
b. Content Subjectivity. Phillips Live Content tends to elicit varying reactions among different people. You may come across Phillips Live Content that you find offensive, indecent, explicit or objectionable. Also, content ratings, types, genres, categories, and/or descriptions are provided as suggestions to help with navigation and for informational
purposes. We do not guarantee that you will agree with them. You acknowledge these risks and your responsibility for making your own choices regarding what Phillips Live Content is appropriate for your family.
c. Photo sensitivities. Phillips Live Content may contain some flashing lights sequences or patterns which may affect users who are susceptible to photosensitive epilepsy or other photo sensitivities. Additionally, 4K UHD HDR content versions enable greater brightness and color saturation which may also affect users.
d. Content Quality. We use various technologies to provide you with an optimal viewing experience. For example, HD quality is available for certain Phillips Live Content and 4K Ultra HD quality is available for certain Phillips Live Content. That said, the playback quality of Phillips Live Content, including resolution, may be affected by the format of the Phillips Live Content, your location, the speed, bandwidth and specific terms of your Internet service, and the devices and/or equipment used, among other factors. The time it takes you to begin viewing Phillips Live Content will vary based on a number of factors, including your location, Internet bandwidth, the number of devices simultaneously connecting to the same network, the Phillips Live Content you have selected, and the configuration of the device you are using. As a result, we are unable to make any warranties about the Phillips Live Content in these respects.
e. Third-Party Services and Content. The Phillips Live Service may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the
terms of use, agreements and privacy policies that apply to such third-party services and content. If you access the Phillips Live Service using a third-party service or device (for example, an Apple iOS, Android or Microsoft Windows-powered device) then Apple Inc., Google, Inc. or Microsoft Corporation, respectively, or another such company that offers a third-party service or device, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract. You agree that your access to the Phillips Live Service using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service.
f. Mobile Networks. When you access the Phillips Live Service through a mobile network, your network or
roaming provider's messaging, data and other rates and fees will apply. Downloading, installing or using the Phillips Live Service may be prohibited or restricted by your network provider and the Phillips Live Service may not work with your network provider or device.
g. Submissions and Unsolicited Ideas Policies. Our policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary
relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. Phillips Live does not claim ownership over any ideas, suggestions, or other materials submitted; however, as to such materials, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, display, create derivative works, or otherwise exploit them for any purpose without limit as to time,
manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
g. Contact Information.
You may contact Phillips Live as follows:
by email at: help@phillips.live
h. DISCLAIMERS OF WARRANTY; LIABILITY LIMITATION. YOU ACKNOWLEDGE AND AGREE TO THE ESSENTIAL CONDITION THAT THE PHILLIPS LIVE CONTENT AS WELL AS THE PHILLIPS LIVE SERVICE ARE PROVIDED "AS IS* AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PHILLIPS LIVE, AND THEIR AFFILIATES, LICENSORS, AGENTS, AND SERVICE PROVIDERS (COLLECTIVELY, THE *PHILLIPS LIVE PARTIES") EACH EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, SATISFACTORY QUALITY AND NONINFRINGEMENT, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE PHILLIPS LIVE PARTIES DO NOT WARRANT THAT THE CONTENT AND THE PHILLIPS LIVE SERVICE WILL BE WITHOUT ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. THE PHILLIPS LIVE PARTIES DO NOT WARRANT OR OTHERWISE STATE THAT THE PHILLIPS LIVE CONTENT AND THE PHILLIPS LIVE SERVICE WILL MEET YOUR REQUIREMENTS. YOU AND NOT THE PHILLIPS LIVE PARTIES ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OCCASIONED BY USE OF THE PHILLIPS LIVE CONTENT AND THE PHILLIPS LIVE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE PHILLIPS LIVE PARTIES BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE PHILLIPS LIVE CONTENT OR THE PHILLIPS LIVE SERVICES, HOWEVER CAUSED. NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000). THE LIABILITY LIMITATIONS IN THIS SECTION APPLY UNDER ANY LEGAL THEORY (TORT, CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE) EVEN IF THE PHILLIPS LIVE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
j. Choice of Forum. You agree that any action at law or in equity arising out of or relating to this Agreement that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the borough of Manhattan, New York, New York, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
k. Choice of Law. This Agreement is governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any conflict of law principles.
|. Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall
be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
m. Survival. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.
n. Entire Agreement. This Subscriber Agreement and the provisions referenced herein, constitute the entire agreement between you and Phillips Live pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of the Subscriber Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
YOUR CALIFORNIA PRIVACY RIGHTS
Updated: 8/2/2022
This notice to California residents is provided under California law, including the California Consumer Privacy Act ("CCPA"), Cal. Civ. Code 1798.100, et seq. This notice supplements our Privacy Policy by explaining your privacy rights if you are a California resident, providing our “notice at collection,” and providing certain mandated disclosures about our treatment of California residents’ information, both online and offline.
Notice of Collection of Personal Information
We collect these categories of personal information when you interact with us: identifiers/contact information, demographic information (such as gender and age), payment card information associated with you, commercial information, Internet or other electronic network activity information, geolocation data, audio, electronic, visual or similar information, and inferences drawn from the above. We collect this information so that we can best serve you, including to fulfill your requests and to share offers that we think you may be interested in. A more detailed description of these purposes is in our Privacy Policy under “Use of Your Information by The Floyd Phillips Family of Companies.”
California residents also have the right to “opt out" of the “sale” of their “personal information” to “third parties” (as those terms are defined in the CCPA and described below).
CCPA Mandatory Disclosures
We also make the following disclosures for purposes of compliance with the CCPA:
- We collected the following categories of personal information in the last 12 months: identifiers/contact information, demographic information (such as gender and age), payment card information associated with you, commercial information, Internet or other electronic network activity information, geolocation data, audio, electronic, visual or similar information, and inferences drawn from the above.
- The sources of personal information from whom we collected are: directly from our guests, third-party sites or platforms that you link with your registration account, analytics tools, social networks, advertising networks, and third-party services that update or supplement information we hold about you.
- The business or commercial purposes of collecting personal information are as summarized in our “notice at collection” section, and as described in more detail in our Privacy Policy under “Use of Your Information by The Floyd Phillips Family of Companies."
- We disclosed the following categories of personal information for a business purpose in the last 12 months: identifiers/contact information, demographic information (such as gender and age), payment card information associated with you, commercial information, Internet or other electronic network activity information, geolocation data, audio, electronic, visual or similar information, and inferences drawn from the above.
We disclosed each category to third-party business partners and service providers, third-party sites or platforms such as social networking sites, and other third parties as described in the “Sharing Your Personal Information with Other Entities” section of the Privacy Policy.
- As the term is defined by the CCPA, we “sold” the following categories of personal information in the last 12 months: identifiers/contact information, Internet or other electronic network activity information, and inferences drawn from the above. We “sold” each category to advertising networks, data analytics providers, and social networks.
- The business or commercial purposes of “selling” personal information is for third-party companies to perform services on our behalf, such as marketing, advertising, and audience measurement.
- We do not “sell” personal information of known minors under 16 years of age.
Your Rights
Right to Access
If you are a California resident, you have the right to request, up to two times each year, access to categories and specific pieces of personal information about you that we collect, use, disclose, and sell.
Right to Delete
if you are a Califomia resident, you have the right to request that we delete personal information that we collect from you, subject to applicable legal exceptions.
Right to Opt Out of Sale of Personal Information
If you are a California resident, you have the right to “opt out" of the “sale” of your “personal information” to “third parties" (as those terms are defined in the CCPA).
Process to Make a CCPA Request
Making Access and Deletion Requests
To make an access or deletion request, please visit thefloydphillipscompany.com/privacy-policy. Before completing your request, we may need to verify your identity. We will send you a link to verify your email address and may request additional documentation or information solely for the purpose of verifying your identity.
Instructions for Authorized Agents Making Access and Deletion Requests
You may also use an authorized agent to submit an access or deletion request on your behalf. Authorized agents may submit access and deletion requests at thefloydphillipscompany.com/privacy-policy. An authorized agent must have your signed permission to submit a
request on your behalf or provide proof that they have power of attorney in accordance with California probate law. Authorized
agents that are business entities must be registered with the California Secretary of State to conduct business in California.
Before completing requests from authorized agents, we may contact you directly to confirm you've given your permission and/or to verify your identity.
Making Requests to “Opt Out” of the “Sale” of “Personal Information”
To submit a request to opt out of the sale of your personal information, you may visit our “Do Not Sell My Personal Information” Rights page or send an email to caprivacy@thefloydphillipscompany.com with the subject line “do not sell info.” You may also use an authorized agent to submit a request to opt out on your behalf if you provide the authorized agent signed written permission to do so. Authorized agents may submit requests to opt out by visiting thefloydphillipscompany.com/privacy-policy. You have the right not to receive discriminatory treatment for the exercise of your privacy rights conferred by the CCPA.
Shine the Light Act
if you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure
of your personal information by certain members of The Floyd Phillips Family of Companies to third parties for the third parties’ direct marketing purposes. We take great pride in the relationship of trust we have built with our guests over many years and we are dedicated to treating your personal information with care and respect. Pursuant to California Civil Code Section 1798.83(c) (2), members of The Floyd Phillips Family of Companies do not share guests’ personal information with other member companies
or others outside The Floyd Phillips Family of Companies for those parties’ direct marketing use unless a guest elects that we do so.
- To make such a request, please send an email to caprivacy@thefloydphillipscompany.com or write us at:
Removal of Content
if you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have
publicly posted.
- To make such a request, please send an email with a detailed description of the specific content or information to caprivacy@thefloydphillipscompany.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if
requested.
CALIFORNIA PRIVACY RIGHTS METRICS
Request to Know
- Requests Received: 0
- Requests Completed in Whole or in Part: 0
- Requests Not Completed*: 0
- Average Days to Complete: 0
Request to Delete
- Requests Received: 0
- Requests Completed in Whole or in Part: 0
- Requests Not Completed*: 0
- Average Days to Complete: 0
Do Not Sell My Information
- Requests Received: 0
- Requests Completed in Whole or in Part: 0
- Requests Not Completed*: 0
- Average Days to Complete: 0
This data reflects all requests received from individuals in the U.S. as well as certain requests from individuals outside of the U.S.
between January 1 and December 31, 2022.
* Requests may not be completed due to various factors including because a request was not verifiable, was made multiple times, or where we did not have any personal information associated with the requester.
THE FLOYD PHILLIPS COMPANY
To learn more about your Do Not Sell My Personal Information rights, visit us here: thefloydphillipscompany.com/privacy-policy