Privacy Policy

Introduction

NEW DAY FILMS INC. PRIVACY POLICY

Revised: 07 April 2021

Our privacy policy

This Privacy Policy describes the information that New Day Films, Inc. and its affiliates ("New Day ," "we," "us" or "our") may collect through your use of New Day resources, including the website at www.NewDay.com (collectively, the "Service"). It also describes how we may use, disclose and protect information collected through your access to and use of the Service.

1. GENERAL

(a) Consent: By accessing or using the Service, you consent to the collection, use, disclosure, storage and processing of your information in accordance with: (i) this Privacy Policy; (ii) any related terms of service, end user license agreement, or services agreement, including, but not limited to, the agreement between New Day and the institution or organization through which you obtain access to the Service (collectively, "Service Terms"); and (iii) and as permitted or required by applicable law. IF YOU DO NOT CONSENT TO THE COLLECTION AND USE OF INFORMATION FROM OR ABOUT YOU IN ACCORDANCE WITH THIS PRIVACY POLICY, THEN YOU MAY NOT USE NEW DAY SERVICES.

(b) International: The Service may be hosted or operated in countries other than the country in which you reside. Those countries may have different data protection laws and regulations from those that apply in your home country. By accessing or using the Service, you consent to the transfer, storage and processing of your information outside of your home country. Please be aware that the governments, courts, and law enforcement, security or regulatory agencies of a particular country may be able to obtain access to or disclosure of your information as permitted by the laws of that country.

(c) Your Data Protection Rights: We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

The right to access - You have the right to request copies of your personal data. We may charge you a small fee for this service.

The right to rectification - You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete information you believe is incomplete.

The right to erasure - You have the right to request that we erase your personal data, under certain conditions.

The right to restrict processing - You have the right to request that we restrict the processing of your personal data, under certain conditions.

The right to object to processing - You have the right to object to the processing of your personal data, under certain conditions.

The right to data portability - You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights or have questions regarding your rights:

Please email us at: orders@NewDay.com

Call us at: 1-845-774-7051

Write to us at:

Karen Knox
New Day Films Inc.
510 Main Street, Unit 4
Beacon NY 12508

2. HOW WE COLLECT AND USE INFORMATION

(a) Information That You Provide Directly: We may ask for certain information such as your name, institution name, organization name, department, email address, phone number, shipping address, billing address, payment methods, password and other information. We may retain other information you voluntarily provide to us. For example, we collect and process data when you register online or place an order for our streaming service or to purchase a DVD. Another example would be if you voluntarily complete a customer survey or interact with New Day on social media. We use this information to operate, maintain and provide to you the features and functionality of the Service, and as further described below.

(b) Information Collected or Received from Third Parties: We may receive information about you from third parties. For example, the Service may use Google for user authentication. You should always review and, if necessary, adjust your privacy settings on third-party services before linking or connecting them to the Service. We may also collect information about you from our third-party business associates, publicly-available sources and our affiliates.

(c) Analytics information: We may collect, measure and analyze traffic and usage trends for the Service, and we may use third-party analytics tools to help us improve your member experience ("Analytics Tools"). Analytics Tools may use cookies and persistent device identifiers to collect and store information such as time of visit, pages visited, time spent on each page, IP address, and type of operating system used. We use Google Analytics to understand how users interact with the Service. You may learn more about Google Analytics and how Google collects and processes data here: https://policies.google.com/technologies/partner-sites

(d) Cookies: When you visit the Service, we may send one or more cookies (small text files containing a string of alphanumeric characters) to your computer that uniquely identify your browser to enhance your navigation on the Service. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click and other actions you take), and allow us or our third-party business associates to track your usage of the Service. There are at least two different types of cookies: persistent and session cookies. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Service. Persistent cookies can be removed by following your web browser's directions for removal of cookies. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to notify you when a cookie is being sent. However, some features of the Service may not function properly if cookies are disabled.

(e) Log File: Log file information is automatically reported by your browser each time you access a web page. When you access or use the Service, our servers may automatically record certain log file information, such as your web request, internet protocol (IP) address, browser type, referring/exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, and pages viewed.

(f) Clear GIFs/Web Beacons: Clear GIFs (also known as web beacons) allow for the tracking of a user's response to an email or usage of a website in a manner that does not reveal personally identifiable information. We may use clear GIFs or similar technologies to assess responses to emails and usage of the Service. For example, we may use clear GIFs to track when emails are opened and which links are clicked by recipients. You can disable the ability of clear GIFs to capture information by blocking cookies.

(g) Device Identifiers: When you access or use the Service using a mobile device, we may access, collect, monitor and/or remotely store one or more "device identifiers," such as a universally unique identifier ("UUID"). Device identifiers are small data files or similar data structures stored on or associated with your device that uniquely identify your device. A device identifier may consist of data stored in connection with the device hardware, operating system or other software, or data sent to the device by us. A device identifier may convey information to us about how you browse and use the Service. A device identifier may remain persistently on your device to enhance your navigation on the Service. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.

(h) Location Data: When you access or use the Service, we may access, collect, monitor and/or remotely store "location data," which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your device. Location data may convey to us information about how you browse and use the Service. Some features of the site, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.

(i) Commercial & Marketing Communications: We may use the information we collect or receive to communicate directly with you. For example, we may use the information to send you emails containing newsletters, promotions and special offers regarding the Service. We may also use the information to send you service-related notices (e.g., account verification, technical and security notices). In addition, we may also use information we collect or receive to communicate, link, follow, or interact with you on social media platforms such as Instagram, Facebook, Twitter, or LinkedIn. If you have agreed to receive marketing, you may always opt out at a later date. You have the right at any time to stop us from contacting you for commercial or marketing purposes.

(j) Use of Certain Service-Type Information: We may use information from cookies, log files, device identifiers, location data and clear GIFs to: (i) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (ii) provide custom, personalized content or information; (iii) monitor the effectiveness of the Service; (iv) monitor aggregate metrics, such as total number of visitors, traffic and demographic patterns, connection information, statistics on page views, referring source (for example, referral URLs), IP address (which may tell us your general location), and browser and standard web server log information; (v) diagnose or fix technology problems; (vi) provide advertising to your browser or device; and (vii) conduct research or surveys; (viii) monitor your activity such as title selections, shows streamed, and search queries; (ix) monitor your interactions with our emails and texts, and with our messages through push and online messaging channels; (x) collect and review details of your interactions with us, such as the date, time and reason for contacting us, and if you call us, your phone number and call recordings; (xi) collecting device and software characteristics (such as type and configuration).

(k) Use of Information with Your Consent: We may use your information for any other purpose for which you provide consent.

(l) Combining Information: We may combine any of the information we collect from or about you, from one or multiple sources, and use it in the manner described in this Privacy Policy.

3. HOW WE MAY SHARE YOUR INFORMATION

(a) Business Associates and Service Providers: We may share information about you with third-party business associates and service providers that perform services on our behalf in connection with the Service. We use other companies, agents or contractors to perform services on our behalf or to assist us with the provision of the Services to you. For example, we engage third-party companies to provide marketing and advertising communications, email communications, and IT services, to personalize and optimize our Service, to process credit card transactions or other payment methods, to analyze and enhance data (including data about users' interactions with our service), to process and administer consumer surveys, and to provide fulfillment and shipping services for the distribution of Services. We do not authorize them to use or disclose your personal information except in connection with providing their services (which includes maintaining and improving their services). We may also share information about you with any of our subsidiaries or affiliates for purposes consistent with this Privacy Policy. Although, subject to Clauses 3(b), 3(c), and 3(d) of this Privacy Policy, New Day will not share, sell, or otherwise distribute your contact information, including your email address, with any third-party business associate and/or service provider.

(b) Business Change: If we become involved in a merger, consolidation, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution, or other transaction, or if the ownership of all or substantially all of our business otherwise changes, we may share or transfer your information to a third party or parties in connection with such transaction or change in ownership.

(c) Necessary Disclosure: Regardless of the choices you make regarding your information and to the extent permitted or required by applicable law, we may disclose information about you to third parties to (i) enforce or apply this Privacy Policy or the Terms of Service; (ii) comply with laws, subpoenas, warrants, court orders, legal processes or requests of government or law enforcement officials; (iii) protect our rights, reputation, safety or property, or that of our users or others; (iv) protect against legal liability; (v) establish or exercise our rights to defend against legal claims; or (vi) investigate, prevent or take action regarding known or suspected illegal activities; fraud; our rights, reputation, safety or property, or those of our users or others; violation of the Terms of Service; or as otherwise required by law.

(d) Sharing Information: We may share certain service-type information, including information obtained through tools such as cookies, log files, device identifiers, location data, and clear GIFs (such as anonymous usage data, referring/exit pages, and URLs, platform types, number of clicks) with our third-party business associates for the purposes described in the section titled "How We Collect and Use Information." We may also aggregate or otherwise strip data of all personally identifying characteristics and share that aggregated, anonymized data with third parties.

4. HOW WE PROTECT YOUR INFORMATION

We use reasonable administrative, physical, and managerial measures to safeguard your personal information against loss, theft, and unauthorized access, use, and modification. These measures are designed to provide a level of security appropriate to the risks of processing your personal information. Unfortunately, no measures can be guaranteed to provide 100% security. Accordingly, we cannot guarantee the security of your personal information. Communications sent to or from the Service may not be secure. You should use caution whenever submitting information online and take special care in deciding what information you send to us via email.

5. YOUR CHOICES ABOUT YOUR INFORMATION

(a) Controlling Your Settings: You can limit your browser or mobile device from providing certain information by adjusting the settings in the browser, operating system, or device. Please consult the documentation for the applicable browser, operating system, or device for the controls available to you. You can also stop receiving promotional emails from us by following the unsubscribe instructions in those emails. Note that unsubscribe is not available for certain emails concerning your relationship or dealings with us.

(b) Do Not Track: At this time, we do not recognize "do not track" signals sent from web browsers. Third-party services that we use may collect personal information about individual users and their activities over time and across different websites. In some cases, you may be able to disable tracking mechanisms, but doing so may disable certain features of the Service. To disable tracking, please consult the documentation for your browser, operating system, or mobile device. For some devices, it may not be possible to disable tracking mechanisms.

6. HOW LONG WE KEEP YOUR INFORMATION

We will retain your information as long as necessary for the purposes outlined in this Privacy Policy, and for a commercially reasonable time thereafter for backup, archival, fraud prevention or detection, or audit purposes, or as otherwise required by law.

7. CHILDREN'S PRIVACY

You must be 18 years of age or older to access the Service. In certain jurisdictions, the age of majority may be older than 18, in which case, you must satisfy that age in order to access our Service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement, supervision, and approval of a parent or legal guardian. We do not knowingly collect personal information from individuals under 13 years of age. If you are under the age of 13, please do not submit any personal information through the Service.

8. THIRD-PARTY SERVICES AND SERVICES

The Service may reference or provide links to other websites or resources. If you access any website or resources provided by a third party, our Privacy Policy will not apply. Your interactions with such websites and resources are subject to the privacy policies of the third parties that operate them. Please review those policies carefully to understand how those parties will treat your information.

9. THE EXISTENCE OF AUTOMATED DECISION-MAKING, INCLUDING PROFILING

New Day does not make any decisions involving the use of algorithms or profiling that significantly affect you.

10. YOUR CALIFORNIA PRIVACY RIGHTS

Under California Civil Code Section 1798.83, if you are a California resident and your business relationship with us is primarily for personal, family, or household purposes, you may request certain data regarding our disclosure, if any, of personal information to third parties for the third parties' direct marketing purposes. To make such a request, please send an email to privacy@newday.com with "Request for California Privacy Information" in the subject line. You may make such a request up to once per calendar year. If applicable, we will provide you via email a list of the categories of personal information disclosed to third parties for their direct marketing purposes during the immediately-preceding calendar year, along with the third parties' names and addresses. Please note that not all personal information sharing is covered by Section 1798.83's requirements.

11. APPLICABLE LAW

New Day is headquartered in the U.S. and the Services are primarily intended for users in the U.S. By using the Service, you consent to the transfer of information to the U.S. to the extent applicable, and the collection, storage, and processing of information under U.S. laws.

12. UPDATES TO THIS PRIVACY POLICY

We will update this Privacy Policy from time to time in response to changing legal, regulatory, or operational requirements. We will provide notice of any such changes (including when they will take effect) in accordance with law. Your continued use of the New Day Service after any such updates take effect will constitute acknowledgment and (as applicable) acceptance of those changes. If you do not wish to acknowledge or accept any updates to this Privacy Statement, you may cancel your use of the New Day Service. To see when this Privacy Policy was last updated, please see the "Revised" date above.

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