Privacy Policy

Last Updated: July 27, 2021

Effective: August 27, 2021

This Privacy Policy explains how BroadwayHD collects information about you online, and how BroadwayHD uses and shares that information. It will also specify the choices BroadwayHD and others offer you with respect to that information.

This Privacy Policy applies to your use of the BroadwayHD service, regardless of how you access or use the service, and any offline location that makes this Privacy Policy available to you. By visiting the BroadwayHD site, viewing any BroadwayHD programs or otherwise using the BroadwayHD service - whether you are a subscriber, registered user, or a visitor who has not subscribed to or registered for the BroadwayHD service - you agree to our Terms of Use available under the legal link on our website, and consent to the collection, use, activities and disclosure practices described in this Privacy Policy, and in any additional privacy statements that may be posted on any applicable part of the BroadwayHD site.

If you do not agree to, consent to and accept the terms set forth in this Privacy Policy, you must immediately discontinue use of the BroadwayHD service and uninstall any BroadwayHD applications you have downloaded to your devices.

If you have any questions or wish to exercise your rights and choices, please contact us as set out in the “Contact Us” section. If you are a Nevada resident, California resident, or a data subject in Europe, please see additional disclosures at the end of this Privacy Policy.

For personal data transferred from the United Kingdom, the European Union, and Switzerland, we will provide appropriate safeguards, such as through the use of standard contractual clauses.

1. Information BroadwayHD Collects.

BroadwayHD collects information about you, about the ways you use the BroadwayHD service and about the ways you interact with BroadwayHD content. BroadwayHD also collects information about the computer or mobile device you use to access the BroadwayHD service.

1.1 Information You Provide BroadwayHD Directly.

1.1.1 When you register for, and/or agree to pay for, a BroadwayHD account, BroadwayHD collects your name, email address, credit card information, billing address, ZIP code and other information.

1.1.2 BroadwayHD also retains messages you send through the site and details of your interactions with us, such as the date, time and reason you contact us. If you reach us by chat, we may retain a transcript of that chat conversation; if you call us, we may retain your phone number and a recording of the call.

1.1.3 BroadwayHD collects information you provide us when you respond to surveys, set your account preferences, give reviews or ratings of BroadwayHD programs or other content, give feedback through the BroadwayHD site or participate in sweepstakes and promotions that BroadwayHD may run from time to time.

1.1.4 BroadwayHD may provide you the opportunity to post comments, questions and other content publicly in forums and on blogs. Your name and profile may be publicly displayed along with any comments, questions or other content you post to the site.

1.1.5 BroadwayHD collects profile information, such as your interests, inferences, preferences, and favorites.

1.1.6 Credit Card Information.

1.1.6.1 BroadwayHD outsources the processing of credit card information to a service provider. Other than the last four digits of your credit card and the brand of the credit card, BroadwayHD does not store other cardholder data. However, the payment processing service provider does store this information.

1.1.6.2 The processing of payments will be subject to the terms, conditions and privacy policies of the payment processing service provider. BroadwayHD is not responsible for errors made by the payment processor.

1.1.6.3 BroadwayHD also requests your email address when you make credit card payments through the website so that BroadwayHD can reach you should further verification of your credit card information be required.

1.1.6.4 As indicated by a Self-Assessment Questionnaire, BroadwayHD is in compliance with the data security standards established by the Payment Card Industry Security Standards Council.

1.2 Information BroadwayHD Collects Automatically.

1.2.1 Log Data File Information. When you log on to the BroadwayHD service, our servers automatically receive and store information such as your IP address (which may tell us your general location); the characteristics of your web browser (such as type and operating system); your internet service provider; date/time stamps; and other web pages you view (such as your referring and exit pages).

1.2.2 Usage and In-App Tracking Data. BroadwayHD collects information when you use the BroadwayHD service or interact with BroadwayHD advertising. Examples of this information include the names of videos you watch (associated with an IP address, your name, or email address); search queries; number of clicks; and how you interact with links and advertisements. We use “cookies” and “device identifiers” (see below) to help collect this information.

1.2.3 Analytics Information. BroadwayHD directly measures or uses analytics tools such as Google Analytics to help us measure traffic and usage trends; analyze how people use the BroadwayHD service; compile statistics on BroadwayHD activity; and provide BroadwayHD with other information. These measurements are taken using cookies, device identifiers and other tracking technologies. Analytic information may be transmitted to and stored by BroadwayHD and/or service providers on servers in the U.S. (or elsewhere). Please note that analytics information is generally stored in an aggregated form such that it cannot reasonably be manipulated to identify any particular user.

1.3 More Information About Cookies and Similar Technologies.

1.3.1 Cookies. When you visit the BroadwayHD site, the site automatically sends one or more cookies to your device. Cookies are small text files containing a string of alphanumeric characters derived from your information; the files are used to uniquely identify your device when you log on to the BroadwayHD service. These cookies send information to BroadwayHD about your browsing activity, including the web pages you visit. Some of these cookies expire when you leave the site, and some remain on your computer or device.

1.3.2 Device Identifiers and Location Data. BroadwayHD uniquely identifies your device through device identifiers. Device identifiers are computer code included in mobile apps that enable data to be collected. BroadwayHD receives information through device identifiers about your geographic location, including with your consent, precise location data (e.g., latitude/longitude data), how you use the BroadwayHD site, and how you interact with advertising.

1.3.3 Web Beacons. Web beacons are files that your computer downloads when you access a website or when a picture automatically appears when you open an email. BroadwayHD uses web beacons to anonymously track your online usage patterns and to tell us when you open emails we send. Web beacons are also called web bugs, clear gifs, tracking pixels, internet tags and pixel tags.

1.3.4 Voice Processing Technologies, which are technologies used to collect audio through the microphone on your device to effectuate an instruction or request by you. We only maintain audio long enough to complete your instruction or request and then immediately delete it. We may use non-audio data associated with the collection for additional purposes such as data analytics and in accordance with this Privacy Policy.

1.3.4 Other technologies. BroadwayHD uses technologies similar to cookies, such as browser storage, embedded scripts and plugins, to identify your computer or device and track your web activity. Like cookies, some of these technologies may store small amounts of data on your computer or device.

1.4 Information BroadwayHD Receives from Other Applications and Sources.

1.4.1 Other Party Applications. The BroadwayHD service may allow you to register for our service through another service. Also, the BroadwayHD service may allow you to post information to services such as Facebook and Twitter, such as reviews of, comments on, and “likes” about BroadwayHD content. BroadwayHD may collect information about you from those other parties, such as your user ID and password, as well as any information you make public using that other party’s service. BroadwayHD may also collect any information you allow that other party to share, such as your public profile, birthday, friends and “likes.”

1.4.2 Data from Other Sources. BroadwayHD collects information about you from other online sources, such as data aggregators, public databases, social media platforms with which you interact, streaming platforms, and our service providers. Examples of this may include information (whether identified, de-identified or anonymous) about your interests, demographic data, purchasing behavior, and activities online (such as websites visited and advertisements viewed). Such information may be combined with information BroadwayHD collects about you, including video viewing information.

2. How BroadwayHD Uses Information.

BroadwayHD uses the information it collects for all purposes not prohibited by law or inconsistent with this Privacy Policy, including without limitation as follows.

2.1. Personalization. BroadwayHD uses collected information to authenticate the identity of its users without requiring users to re-enter their information every time they visit the site, as well as to quickly and efficiently respond to user inquiries and requests. By tracking geographic locations, BroadwayHD provides users localized content and advertising. By retaining user preferences, BroadwayHD is able to provide users with customized and personalized viewing recommendations for BroadwayHD content.

2.2. Enhanced Functionality. BroadwayHD uses information about how the site is being used, such as which pages and videos are popular, conversion rates, viewing patterns, click-through rates and similar metrics, to analyze and better understand the BroadwayHD audience, to improve the functionality of the BroadwayHD service and to improve the selection of programming available through the service. The information collected also allows BroadwayHD to diagnose and fix technical problems and automatically update the BroadwayHD mobile app.

2.3. Commercial and Marketing Communications. BroadwayHD uses the information it collects to communicate directly with you by such means as emails, text messages and push notifications. These messages may include information such as announcements of new programming; invitations to participate in sweepstakes, promotions, special offers and consumer surveys; and information about new features and content available on the service. The information collected also allows BroadwayHD to assist you with operational tasks such as password reset requests.

2.4. Advertising and Audience Measurement. BroadwayHD uses the information it collects to better target and personalize the advertising users see. Aggregated information collected by BroadwayHD may be used to measure the audience for any given BroadwayHD program or for the BroadwayHD service as a whole.

2.5. Compliance. BroadwayHD uses the information it collects, including video viewing information, to enforce its Terms of Use; to prevent, detect and investigate potentially prohibited, illegal or fraudulent activities; and to otherwise protect the rights of BroadwayHD, its service providers, business partners and users.

2.6. Aggregated Information. In addition to the individual data uses described in this Privacy Policy, BroadwayHD may aggregate or de-identify information about you and other individuals together, or otherwise "de-identify" the information about you (which means that the information does not identify you personally). BroadwayHD may use aggregated, de-identified information for any legitimate business purpose, including for research and analysis, administration of the BroadwayHD service, advertising (e.g., improving our targeting efforts) and promotional purposes.

2.7. To Provide the BroadwayHD Service. BroadwayHD uses the information it collects to operate and manage the BroadwayHD service, perform the services requested by you, such as responding to your comments, questions, and requests, and provide customer service.

2.8. At Your Direction or With Notice and Your Consent. BroadwayHD uses the information it collects to fulfill any other purpose at your direction or with notice to you and with your consent.

3. How BroadwayHD Shares Your Information.

3.1. Information Shared with Your Consent. Any information or content that you voluntarily disclose, including user generated content such as comments on news stories posted to the BroadwayHD service, becomes available to the public and may be viewable by others. This information can include personal information about you or information that may reveal additional personal information that you choose to include within such feedback (such as your full name, email address, geographic location, social media related account identifiers and any blog URLs). In addition, BroadwayHD may allow for the RSS syndication and other outgoing news/content feeds of all of its public content and may allow third parties to access such information via a site application programming interface ("API"). If you remove information that you have posted to the BroadwayHD site, copies may remain viewable in cached and archived pages of the BroadwayHD site and/or on sites of third parties who have made use of a site API, as well as on the devices of other users who have copied or saved that information.

3.2. Information Shared with Service Providers. BroadwayHD relies on service providers to keep the site up and running smoothly. For example, BroadwayHD may engage service providers to provide marketing, advertising, communications, infrastructure and IT services; to personalize and optimize the BroadwayHD service; to process credit card transactions or other payment tools; to provide customer service; to collect debts; to analyze and enhance data (including data about users' interactions with the BroadwayHD service); and to process and administer consumer surveys. Those service providers will be given limited access to your information as is reasonably necessary. BroadwayHD does not authorize service providers to use or disclose your personal information except in connection with providing their services to BroadwayHD, although we may permit them to use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law. Specifically as to video viewing information, BroadwayHD shares with service providers who provide technical support, authenticate users, enforce digital rights, and assist with audience measurement/track royalty payment obligations.

3.3. Information Shared with Business Partners.

3.3.1. Audience Measurements. Our business partners, such as theatre producers and advertisers, have an interest in the popularity of individual programs and of the BroadwayHD service as a whole. Accordingly, BroadwayHD may share with other parties your BroadwayHD viewing history on the BroadwayHD service in calculating audience measurement statistics.

3.3.2. Joint Promotions. BroadwayHD may offer joint promotions or programs that, in order for you to be able to participate, will require us to share your information with other parties, including for administrative purposes and as required by law (e.g., on a winner’s list). Please note that these other parties are responsible for their own privacy practices. By entering into a promotion, you agree to the official rules that govern that promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.

3.3.3. Information Shared with Advertisers.

3.3.3.1. BroadwayHD may allow ad servers or ad networks to place advertisements on the BroadwayHD site. These ad servers or ad networks use technology to send ads and ad links directly to your browser or mobile device, and will automatically receive your IP address when they do so. They may also use other technologies (such as cookies, device identifiers, location data and web beacons) to compile information about your browser’s or device’s visits and usage patterns to measure the effectiveness of their ads and to personalize advertising content.

3.3.3.3. Please note that an advertiser may ask BroadwayHD to show an ad to a certain audience of users (e.g., based on demographics or other interests). In that situation, BroadwayHD will determine the target audience and deliver the advertising to that audience (“Matched Ads”); only anonymous aggregated data is provided to the advertiser. If you interact with such an ad, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach and deem your response as permission to use your information. BroadwayHD also uses Matched Ads by uploading a customer list to another party’s platform and the other party matching common factors between our data and their data or other datasets. For instance, we incorporate the Facebook pixel on our BroadwayHD service and may share your email address with Facebook as part of our use of Facebook Custom Audiences.

3.3.3.4. When you view an advertisement - whether or not you click on it - or when you interact with an advertisement, the advertiser, advertising technology companies, and service providers that perform advertising-related services for BroadwayHD and our business partners collect some information from or about you. Please be aware that BroadwayHD may not notify you when you have chosen to click through to another website or service when you respond to ads.

3.4. Information BroadwayHD is Required to Share by Law. BroadwayHD will disclose your information when required to do so by law or subpoena, or if BroadwayHD reasonably believes that such action is necessary to: (a) satisfy any applicable law, regulation, legal process or government request; (b) enforce the BroadwayHD Terms of Use, including the investigation of potential violations thereof; (c) detect, prevent, or otherwise address illegal or suspected illegal activities (such as payment fraud); (d) address security or technical issues; and/or (e) exercise or protect the rights, property or safety of BroadwayHD and its users.

3.5. Change of Control. If all or part of BroadwayHD is sold, merged, reorganized, restructured or transferred, BroadwayHD may transfer any and all information in its possession, including personal information, to one or more parties as part of any such transaction, including as part of the due diligence process.

3.6. Facilitating Requests or Notice and Consent. BroadwayHD shares information at your request or direction, or with notice to you and your consent.

Please note that when you interact with other parties, including when you leave the BroadwayHD services and/or content, those parties may independently collect information about you and solicit information from you. The information collected and stored by those parties remains subject to their own policies and practices, including what information they share with us, your rights and choices on their services and devices, and whether they store information in the U.S. or elsewhere. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.

4. How BroadwayHD Stores and Protects Your Information.

4.1. To protect your privacy and security, BroadwayHD takes reasonable administrative, logistical, physical and managerial steps (such as requesting a unique account password) designed to safeguard your information against loss, theft and unauthorized access. Nevertheless, transmissions via the internet and online digital storage are never completely secure, which means that BroadwayHD cannot guarantee the safety of your information.

4.2. In the event that any information under the control of BroadwayHD is compromised as a result of a breach of security, BroadwayHD will take reasonable steps to investigate the situation and, where appropriate, promptly notify those individuals whose information may have been compromised and take other steps in accordance with any applicable laws and regulations. Residents of New York may have additional rights in the event of a data breach, as discussed below.

5. Your Choices About Your Information.

5.1. You Control Your Account Information and Settings. You may update your BroadwayHD account information at any time by logging in to your account and changing your profile settings.

5.2. Opting Out of Cookies. Most commercial browsers include a mechanism for removing or disabling most cookies. Please note that commercial browsers may not effectively block Flash cookies (also known as locally shared objects), HTML5 cookies or other tracking technologies. Also, please note that disabling or removing these technologies may impede the proper operation of the BroadwayHD service, and that your ability to limit browser-based tracking technology when you revisit the site after disabling or removing these technologies is subject to your browser settings and capabilities.

5.3. Opting Out of Tracking/Recording from your Mobile Device. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms. Also, most functionality of a mobile app, such as app-related tracking technologies not used in connection with an internet browser, can only be disabled by uninstalling the app. Disabling tracking tools on your mobile device prevents BroadwayHD and its business partners from tracking your browser’s activities for use in targeting advertising. Please note, however, that doing so may disable features available through the BroadwayHD service.

5.3.1. Advertising Data Collection Choices. Through the settings on most mobile devices you can select "Limit Ad Tracking" (for iOS devices) or "Opt out of Interest-Based Ads" (for Android devices) which will allow you to limit the use of information collected from or about your mobile device for the purpose of presenting you with online behavioral advertising.

5.3.2. Location Data Collection Choices. You may be able to opt out of the collection of precise location data from your mobile device by BroadwayHD by disabling “Location Services” for the BroadwayHD app in your device’s settings. Please note that by not allowing BroadwayHD to collect precise location data, your access to the BroadwayHD service on your mobile device may be limited.

5.4. Opting Out of Web Beacons. Most commercial email clients include a mechanism for preventing web beacons from downloading automatically when an email is opened. Please refer to your email clients’ technical information for instructions on how to disable web beacons. In addition, there are several browser add-ins that enable you to block web beacons from downloading automatically when you surf the web. Please note that disabling web beacons may disable features available through the BroadwayHD service.

5.5. Opting Out of Notifications from BroadwayHD.

5.5.1. Text Messages. If you no longer wish to receive promotional text messages from BroadwayHD, you may text "STOP" to the number indicated in the message or follow other instructions provided in such message to avoid future messages being sent to you; send an email message to privacy@broadwayhd.com with the words "Opt Out" in the subject field; or send mail to the following postal address:

BroadwayHD LLC Attn: Opt Out 36 West 44th Street, Suite 400 New York, NY 10036

BroadwayHD will use commercially reasonable efforts to promptly process all opt-out requests.

5.5.2. Email Messages. You can also stop receiving promotional email communications from BroadwayHD by clicking on the "unsubscribe link" provided in such communications; by sending an email message to privacy@broadwayhd.com with the word "No email" in the subject field; or by sending mail to the following postal address:

BroadwayHD LLC Attn: No Email 36 West 44th Street, Suite 400 New York, NY 10036

BroadwayHD will use commercially reasonable efforts to promptly process all unsubscribe requests.

5.5.3. Site-Related Notices. BroadwayHD may use your information to send site-related notices (e.g., account verification, purchase and billing confirmations, technical and security notices) to your email address or mobile device via push notification. Notwithstanding anything to the contrary in this Privacy Policy, you may not opt out of receiving site-related messages.

5.5.4. Do Not Track. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services. Since there is currently no consensus as to what “Do Not Track” means and how to respond to “Do Not Track” signals, BroadwayHD does not respond to such signals. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.

5.6. DAA Self-Regulatory Program for Online Behavioral Advertising. The Digital Advertising Alliance ("DAA") is an independent non-for-profit organization led by marketing and advertising industry trade associations. The DAA has promulgated Self-Regulatory Principles for Online Behavioral Advertising and provides a centralized tool called WebChoices that enables internet users to make choices about the use of their personal information for online advertising by DAA members. The DAA has also promulgated rules for the Application of Self-Regulatory Principles to the Mobile Environment and a mobile application called AppChoices. The app can be downloaded from the DAA website or from your device’s app store. To learn more about the targeted ads provided by DAA participating companies, and how to opt out of receiving certain targeted ads from them, please visit: (i) for website targeted ads from DAA participants, https://www.aboutads.info/choices; (ii) for app targeted ads from DAA participants, https://www.aboutads.info/appchoices.

5.7. The Network Advertising Initiative. The Network Advertising Initiative ("NAI") is a cooperative of online marketing companies that has developed its own Code of Conduct. The NAI also offers an online Opt Out of Interest-Based Advertising centralized tool for opting out of interest-based advertising delivered by its member companies. To learn more about the targeted ads provided by NAI member companies, and how to opt out of receiving certain targeted ads from them, please visit https://www.networkadvertising.org/choices/.

5.8. Analytics and Advertising Tracking Technologies. You may exercise choices regarding the use of cookies from Google Analytics by installing the Google Analytics Opt-Out Browser Add-on or by visiting: (i) for Google Analytics https://tools.google.com/dlpage/gaoptout and (ii) for Google Analytics for Display Advertising or the Google Display Network https://www.google.com/settings/ads/onweb/.

Opting out via the methods described in sections 5.7 and 5.8 above only means that the selected participants should no longer deliver certain targeted ads to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., in connection with the participants’ other customers or from other technology services).

6. Security and Account Access.

You are responsible for maintaining the secrecy of your unique BroadwayHD password and account information and for controlling access to your email and mobile device communications from BroadwayHD at all times. We recommend a password that contains alphanumeric characters and keyboard symbols (e.g. $, #, * etc.). If you share or otherwise allow others to have access to your BroadwayHD account, they will be able to see your information (including in some cases personal information) such as your watch history, ratings, reviews and account information (including your email address or other information in your account).

7. How to Delete Your Account.

You may delete your BroadwayHD account by sending an email to privacy@broadwayhd.com with the word “Cancel” in the subject field. You must cancel your subscription before you are able to delete your account. Please note that, after you delete your account, BroadwayHD may retain some information from or about you in accordance with applicable law, including for various legal, operational, accounting, and auditing purposes.

8. How long BroadwayHD Keeps User-Generated Content.

8.1. Following the termination or deactivation of your BroadwayHD account, BroadwayHD may retain your profile information and user-generated content for a commercially reasonable period of time for backup, archival, or audit purposes.

8.2. BroadwayHD will make commercially reasonable efforts to honor your request to delete your information; however, certain information will actively persist on the BroadwayHD website even if you close your account, such as messages you posted to the BroadwayHD website. In addition, the personal information within a closed account, and information you update or delete, may remain in the archives of BroadwayHD for the administrative and/ or internal purposes of BroadwayHD. It is not always possible to completely remove or delete information from the BroadwayHD databases. In addition, BroadwayHD typically will not remove information you have posted publicly.

8.3. Please remember that neither you nor BroadwayHD can delete all copies of information that has been previously shared with others.

9. Children’s Privacy.

9.1. The BroadwayHD service is not directed to children under the age of 18 and does not knowingly allow such persons to register as users. If you are under 18, please do not send any information about yourself to us, including your name, address, telephone number, or email address. In the event that BroadwayHD learns that we have collected personal information from a child under the age of 18 without any verification of parental consent, we will delete that information as quickly as possible. If you believe that BroadwayHD might have any information from or about a child under 18, please contact us at privacy@broadwayhd.com.

9.2. Any California residents under the age of 18 who have registered to use the BroadwayHD service, and who have posted content or information on the service, can request removal of their information by sending an email to us at privacy@broadwayhd.com detailing where the content or information is posted and attesting that a minor posted it. BroadwayHD will then make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished the content, or the content may have been archived by search engines and other means that BroadwayHD does not control.

9.3. BroadwayHD does not knowingly collect or solicit any personal information as defined in the U.S. Children’s Privacy Protection Act (“COPPA”) in a manner that is not permitted by COPPA, and for any children’s or mixed-use portions of the service (if any) BroadwayHD will comply with COPPA. If you are a parent or guardian and believe BroadwayHD has collected children’s personal information in a manner not permitted by COPPA, please contact us at privacy@broadwayhd.com and we will remove such data to the extent required by COPPA.

10. Other Web Sites and Sites:

10.1. Links. Please note that when you use a link to go from the BroadwayHD site to another service, the BroadwayHD Privacy Policy does not apply to that other service and BroadwayHD is not responsible for the practices employed by that other service. Your browsing and interaction on any other service, including those that have a link or advertisement on the BroadwayHD site, are subject to that service’s own rules and policies. In addition, BroadwayHD is not responsible and has no control over any other services that you authorize to access your user-generated BroadwayHD content. If you are using a another service (like Facebook or Twitter) and you allow that other service access to your user-generated BroadwayHD content you do so at your own risk.

10.2. Brand Pages. We may offer our content through social media. Any information you provide to us when you engage with our content (such as through our brand page or via Facebook Messenger) is treated in accordance with this Privacy Policy. Also, if you publicly reference the BroadwayHD service on social media (e.g., by using a hashtag associated with BroadwayHD in a tweet or post), we may use your reference on or in connection with the BroadwayHD service.

10.3 Voice-Activated Skills. We may offer skills through Alexa, Google Home, and other voice-activated platforms, and use the voice processing and other technologies discussed in the “Information Collected Automatically” section above. Any information you provide to us when you engage with our skills is treated in accordance with this Privacy Policy.

11. Advertisers.

The BroadwayHD Privacy Policy does not apply to, and we cannot control the activities of, advertisers not owned and operated by BroadwayHD. Please consult the respective privacy policies of such advertisers or contact such advertisers for more information.

12. Questions.

If you have any questions about this Privacy Policy, including questions about reviewing or modifying your account information, opting out of cookie collection and other tracking recording tools, or opting out of receiving communications from BroadwayHD, you can contact us directly at privacy@broadwayhd.com.

This Privacy Policy has been designed to be accessible to people with disabilities. If you experience any difficulties accessing the information here, please contact us at customerservice@broadwayhd.com.

13. Changes to Our Privacy Policy.

BroadwayHD may modify or update this Privacy Policy from time to time to reflect the changes in our business practices, industry standards and applicable laws. You should review this page periodically. When we change the policy in a material manner we will let you know and update the ‘last modified’ date at the top of this page.

14. Applicable Law.

14.1. New York law. If you are a resident of New York, you have certain rights under the New York State Information Security Breach and Notification Act. The Act requires businesses to notify affected consumers following the discovery of a breach of the security of a business data system. In certain circumstances, businesses also have to notify the 3 nationwide consumer reporting agencies of such breaches.

14.2. Nevada Law. Nevada law (NRS 603A.340) requires each business to establish a designated request address where Nevada consumers may submit requests directing the business not to sell certain kinds of personal information that the business has collected or will collect about the consumer. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third party for the third party to license or sell the personal information to other third parties. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please contact us as at privacy@broadwayhd.com.

14.3. California law. These additional disclosures apply only to California residents.

14.3.1. California Consumer Privacy Act. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt-out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise those rights.

14.3.1.1. Notice of Collection. In the past twelve months, we have collected the following categories of personal information enumerated in the CCPA:

· Identifiers, including name, postal address, email address, and online identifiers (such as IP address).

· Customer records, including phone number, billing address, and credit or debit card information.

· Characteristics of protected classifications under California or federal law, including gender.

· Commercial or transactions information, including records of BroadwayHD products or services purchased, obtained, or considered.

· Internet activity, including browsing history, search history, and interactions with our websites, emails, applications, or advertisements.

· Geolocation data.

· Employment and education information.

· Inferences drawn from the above information about your predicted characteristics and preferences.

14.3.1.2. For further details on information we collect, including the sources from which we receive information, review the “Information BroadwayHD Collects” section above. We collect and use these categories of personal information for the business purposes described in the “How BroadwayHD Uses Information” section above, including to manage the BroadwayHD service and content.

14.3.1.3. We do not generally sell information as the term “sell” is traditionally understood. To the extent “sale” under the CCPA is interpreted to include the activities set out in this Privacy Policy, such as those disclosed in the “How BroadwayHD Shares Your Information” section above, we will comply with applicable law as to such activity. We disclose the following categories of personal information for a commercial purpose: identifiers, characteristics, commercial or transactions information, internet activity, geolocation data, inferences drawn. Please review the “How BroadwayHD Shares Your Information” section above for further details about the categories of parties with whom we share information.

14.3.1.4. Right to Know and Delete. You have the right to know certain details about our data practices in the past 12 months. In particular, you may request the following from us:

· The categories of personal information we have collected about you;

· The categories of sources from which the personal information was collected;

· The categories of personal information about you we disclosed for a business purpose or sold;

· The categories of third parties to whom the personal information was disclosed for a business purpose or sold;

· The business or commercial purpose for collecting or selling the personal information; and

· The specific pieces of personal information we have collected about you.

In addition, you have the right to delete the personal information we have collected from you. To exercise any of these rights, please submit a request by emailing us at privacy@broadwayhd.com or calling our toll-free number at 888-441-4717. In the request, please specific which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know and delete.

14.3.1.5. Right to Opt-Out. To the extent BroadwayHD sells your personal information as the term “sell” is defined under the CCPA, you have the right to opt-out of the sale of personal information by use to third parties at any time. You may submit a request to opt-out by emailing us at privacy@broadwayhd.com or calling our toll-free number at 888-441-4717.

14.3.1.6. Authorized Agent. You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.

14.3.1.7. Right to Non-Discrimination. You have the right not to receive discriminatory treatment by us for the exercise of any of your rights.

14.3.2. Shine the Light. If you are a California resident, under the so-called “Shine The Light” law you may be entitled to request certain information regarding our disclosure, if any, of personal information (such as your name and contact information) to third parties who wish to contact you or send you promotional information about their products and services directly (as compared to when the third party is acting on our behalf or you have provided your personal information as part of a co-promotion by BroadwayHD and the third party). If you are a California resident and would like to request a copy of information regarding our disclosure to third parties for their direct marketing purposes in the preceding calendar year, please send us a letter at Attention: Legal Department, BroadwayHD, 36 West 44th Street, Suite 400, New York, NY 10036.

14.4. International law.

14.4.1. BroadwayHD is a United States company. If you are located outside the United States and provide personal information to BroadwayHD, BroadwayHD transfers personal information to the United States and other countries for processing. The United States may not have the same data protection laws as the country in which you initially provided the personal information. When BroadwayHD transfers your information to the United States, BroadwayHD will protect that information as described in this Privacy Policy. By visiting the BroadwayHD website, or providing BroadwayHD with any personal information, you consent to the transfer, processing and storage of your personal information in the United States.

14.4.2. BroadwayHD protects personal data from data subjects in the European Union, other European Economic Area (“EEA”) countries, the United Kingdom, and Switzerland. For personal data transferred from the EEA, the United Kingdom, or Switzerland, we will provide appropriate safeguards, such as through the use of standard contractual clauses.

14.5. Additional Disclosures for Data Subjects in Europe.

14.5.1. Roles. Data protection laws in Europe distinguish between organizations that process personal data for their own purposes (known as “controllers”) and organizations that process personal data on behalf of other organizations (known as “processors”). BroadwayHD acts as a controller with respect to personal data collected as you interact with our websites, emails, and advertisements.

14.5.2. Lawful Basis for Processing. Data protection laws in Europe require a “lawful basis” for processing personal data. Our lawful bases include where: (a) you have given consent to the processing for one or more specific purposes, either to us or to our service providers or partners; (b) processing is necessary for the performance of a contract with you; (c) processing is necessary for compliance with a legal obligation; or (d) processing is necessary for the purposes of the legitimate interests pursued by us or a third party, and your interests and fundamental rights and freedoms do not override those interests. Where applicable, we will transfer your personal data to third countries subject to appropriate or suitable safeguards, such as standard contractual clauses.

14.5.3. Your Data Subject Rights. You have the right to access, rectify, or erase any personal data we have collected about you. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.

To exercise any of these rights, please contact us as set out in the “Questions” section above and specify which right you are seeking to exercise. We will respond to your request within 30 days. We may require specific information from you to help us confirm your identity and process your request.

Please note that we retain information as necessary to fulfil the purposes for which it was collected, and may continue to retain and use information even after a data subject request for purposes of our legitimate interests, including as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.

If you have any issues with our compliance, you may email us at privacy@broadwayhd.com. You also have the right to lodge a complaint with the data protection regulator in your jurisdiction.