Last Updated: March 13, 2023
Effective: March 13, 2023
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.
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 collects profile information, such as your interests, inferences, preferences, and favorites.
1.1.5 Credit Card Information.
184.108.40.206 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.
220.127.116.11 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.
18.104.22.168 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, non-precise 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 Non-precise 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 non-precise geographic location, 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 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 post information to services such as Facebook and Twitter, such as reviews of, comments on, and “likes” about BroadwayHD content. BroadwayHD may collect information you make public using that other party’s service.
1.4.2 Data from Other Sources. BroadwayHD collects information about you from other online sources, such as 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.
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 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 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, including through tracking technologies provided by third parties that are incorporated into the BroadwayHD service as well as into our ads displayed on other websites and services. Some of these tracking technologies and third parties may track your activities across time and services for purpose of associating the different devices you use, and delivering relevant ads and/or other content to you (“Interest-based Advertising”). 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.
2.7. 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.
2.9 For details on your rights and choices regarding how we use information about you, please see the “Your Choices About Your Information” section below.
3. How BroadwayHD Discloses Your Information.
3.1. Information Disclosed To 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. To the extent required by law, 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 discloses to service providers who provide technical support, authenticate users, enforce digital rights, and assist with audience measurement/track royalty payment obligations.
3.2. Information Disclosed To Business Partners.
3.2.1. Audience Measurements. Our business partners, such as theater producers and advertisers, have an interest in the popularity of individual programs and of the BroadwayHD service as a whole. Accordingly, BroadwayHD may disclose with other parties your BroadwayHD viewing history on the BroadwayHD service in calculating audience measurement statistics.
3.2.2. Joint Promotions. BroadwayHD may offer joint promotions or programs that, in order for you to be able to participate, will require us to disclose your information to 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.
3.2.3. Information Disclosed for Advertising and Analytics. We disclose information for analytics and advertising related purposes. The receiving persons may act as our service providers, or in certain contexts, independently decide how to process information. For more information on advertising and analytics, see the “Your Choices About Your Information” section below.
3.4. 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.
3.5. Facilitating Requests or Notice and Consent. BroadwayHD discloses information at your request or direction, or with notice to you and your consent.
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 required by law, promptly notify those individuals whose information may have been compromised and take other steps in accordance with any applicable laws and regulations.
5. Your Choices About Your Information.
5.2 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.
5.3. 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.
5.4. 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.
5.4.1. 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.
5.5. 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.
5.6. Opting Out of Notifications from BroadwayHD.
5.6.1. Email Messages. You can stop receiving promotional email communications from BroadwayHD by clicking on the “unsubscribe” link provided in such communications.
BroadwayHD will use commercially reasonable efforts to promptly process all unsubscribe requests.
5.6.3. 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. If you are a California resident, please visit the “California law” section below for details on how to exercise your rights to opt-out of sales or sharing through preference signals.
5.7. 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.
5.8. 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/.
Opting out via the methods described in sections 5.9 and 5.9 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 using this form: https://forms.gle/gSYLNVjN37wYtNYJ9; or by sending an email to email@example.com with the phrase “Delete My Account” in the subject line. 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.
8.1. We retain information for the length of time that is reasonably necessary for the purpose for which it was collected, and as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.
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 firstname.lastname@example.org.
9.2. 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 email@example.com and we will remove such data to the extent required by COPPA.
10. Other Web Sites and Sites:
14. Applicable Law.
14.1. 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 firstname.lastname@example.org.
14.2. California law. These additional disclosures apply only to California residents.
14.2.1. California Consumer Privacy Act. The California Consumer Privacy Act of 2018 as replaced by the California Privacy Rights Act (“CPRA”) 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.
22.214.171.124. Notice of Collection. In the past twelve months, we have collected the following categories of personal information enumerated in the CPRA:
● 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.
● Non-precise Geolocation data.
● Employment and education information.
● Inferences drawn from the above information about your predicted characteristics and preferences.
126.96.36.199. 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.
We do not knowingly sell or share the personal information of minors under 16 years old who are California residents.
188.8.131.52. Right to Know, Correct, 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 or shared;
● The categories of third parties to whom the personal information was disclosed for a business purpose or sold or shared;
● The business or commercial purpose for collecting or selling or sharing the personal information; and
● The specific pieces of personal information we have collected about you.
In addition, you have the right to correct or delete the personal information we have collected from you. To exercise any of these rights, please submit through this form: https://forms.gle/gSYLNVjN37wYtNYJ9; or call our toll-free number at 888-441-4717. If you have an account with us, we may require you to use the account to submit the request. In the request, please specify 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, correct, and delete.
184.108.40.206. Right to Opt-Out. To the extent BroadwayHD sells or shares your personal information as the term “sell” or “share” is defined under the CPRA, you have the right to opt-out of the sale of personal information through the Do Not Sell or Share My Personal Information link in the footer of our website. In addition, you may exercise this right by turning on a recognized opt-out preference signal, such as Global Privacy Control (https://globalprivacycontrol.org/), in your browser or extension.
When you submit an opt-out, your opt-out will only apply to sales and shares of personal information through tracking technologies from the specific browser from which you submitted the opt-out because the connection between your browser identifiers and other personal information we have about you is not known to us.
220.127.116.11. Authorized Agent. You can designate an authorized agent to submit requests on your behalf. Requests must be submitted through the designated methods listed above. However, we will require written proof of the agent’s permission to do so and verify your identity directly.
18.104.22.168. Right to Non-Discrimination. You have the right not to receive discriminatory treatment by us for the exercise of any of your rights.
22.214.171.124 Retention. We retain each category of personal information for the length of time that is reasonably necessary for the purpose for which it was collected. For further information regarding our retention policy, please see the “Retention” section above.
126.96.36.199 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.
14.3. Virginia law. These additional rights and disclosures apply only to Virginia residents. Terms have the meaning ascribed to them in the Virginia Consumer Data Protection Act (“VCDPA”).
14.3.1 Right to Know, Correct, and Delete. You have the following rights under the VCDPA:
● To confirm whether or not we are processing your personal data
● To access your personal data
● To correct inaccuracies in your personal data
● To delete your personal data
● To obtain a copy of your personal data that you previously provided to us in a portable and readily usable format
● To opt out of the processing of personal data for purposes of targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you
To exercise these rights, please submit through this Form: https://forms.gle/gSYLNVjN37wYtNYJ9; or call our toll-free number at 888-441-4717. We will respond to your request within 45 days. If you have an account with us, we may require you to use the account to submit the request. We may require specific information from you to help us confirm your identity and process your request.
If we refuse to take action on a request, you may appeal our decision within a reasonable period time by contacting us at email@example.com and specifying you wish to appeal. Within 60 days of our receipt of your appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, you may submit a complaint to the Virginia Attorney General at https://www.oag.state.va.us/consumercomplaintform.
14.4 International law.
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 submit through this form: https://forms.gle/gSYLNVjN37wYtNYJ9. 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 fulfill 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 firstname.lastname@example.org. You also have the right to lodge a complaint with the data protection regulator in your jurisdiction.