Kaleidescape Privacy Policy

Last updated: March 11, 2025

Kaleidescape, Inc. and its affiliates and subsidiaries (referred to as “Kaleidescape”, “we”, “us” or “our”) respects your privacy and we are committed to protecting it through our compliance with this privacy policy (“Privacy Policy”). This Privacy Policy describes how we collect, use, and share your personal information when you use your Kaleidescape System (“System”), the Kaleidescape Movie Guide and Music Guide Services, the Kaleidescape Music Export, Kaleidescape mobile applications (e.g. the Second Screen App for iPad, the Kaleidescape App for iPhone, and the Kaleidescape App for Android), the Kaleidescape Movie Store (“Movie Store”), Kaleidescape websites, or when you otherwise interact with us (together, “Kaleidescape Services”) as well as the rights and choices you have associated with that information. If you are located in California, please also review this notice.

This Privacy Policy supplements and is incorporated into the Kaleidescape Service & License Agreement (“SLA”). This Privacy Policy constitutes the entire agreement between you and Kaleidescape concerning the subject matter herein, and your use of Kaleidescape Services, or your acceptance of the Kaleidescape Service & License Agreement, will signify your acceptance of and consent to this Privacy Policy and our privacy practices.

We encourage you to review this Privacy Policy regularly to stay informed about our privacy practices and the choices available to you. If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact our privacy officer (“Privacy Officer”) at legal@kaleidescape.com.

We collect your personal information in order to provide and continually improve our products and services. Further, we strive to collect only the personal information that we need.

When you use Kaleidescape Services, we collect the following types of personal information about you:

• Account Information. Your Kaleidescape account and related account details, including email address, devices registered, account status, and account age.
• Contact Information. Data such as name, address, phone number, email address, and other contact information.
• Device Information. Data from which your devices could be identified, such as device serial number and device component serial number, and about your device, such as software version, settings, and other unique identifiers, including IP address.
• Payment Information. Data about your billing address and method of payment, such as credit, debit, or other payment card information.
• Transaction Information. Data about purchases of Kaleidescape Services and transactions facilitated by Kaleidescape, including purchases on Kaleidescape Services.
• Diagnostic and Usage Information. Data about your activity on and use of Kaleidescape Services, including performance and other diagnostic data. The data includes:
  • From Our System: A detailed record of the operating history of your System, such as browser interface settings, CD, DVD, and Blu-ray imports, downloads from the Movie Store, user inputs and response times (including details about movies played), disk errors or failures, disk space use, component temperatures, information entered into the browser interface, and other information about your use and interaction with the onscreen display. This data also includes the serial numbers of the components of your System and their IP addresses.
  • From Our Websites: Your IP address and website usage information when you visit our websites, such as page interaction information.
  • From Our Mobile Applications: Details on Movie Store browsing, searching and purchase transactions, titles in users’ content collections, Kaleidescape player control, your use and interaction with the application’s display, as well as usage of the notification center, downloads management and configuration settings features of the application.
• Location Information. Your general location based on your IP address.
• Communication Information. Details such as the content of your communications with Kaleidescape, including interactions with consumer support and contacts through social media channels.

You are not required to provide the personal information that we have requested. However, if you choose not to do so, in many cases we will not be able to provide you with our products or services or respond to requests you may have.

We collect your personal information from the following sources:

• Directly from you. When you use Kaleidescape Services, you may provide and we will collect the following types of personal information: contact information, account information, payment information, and communication information.
• Automatically when you use Kaleidescape Services. We automatically collect the following types of personal information: diagnostic and usage information, device information, account information, transaction information, and communication information.
• Information from other sources. We may collect the following types of personal information from other sources: location information, payment information, and diagnostic and usage information. These sources include: service providers that collect or provide information to us in connection with the services that they perform on our behalf. This may include service providers such as those that help us determine a general geographic location based on your IP address in order to customize Kaleidescape Services and for other uses consistent with this Privacy Policy, those that provide us with payment processing services, as well as those that provide us with data analytics.

We use your personal information to operate, provide, develop, improve, and promote Kaleidescape Services, and to communicate with you. This involves using the types of personal information, listed above, for the following purposes:

• The purposes for which you specifically provided the information including, for example, to provide a service that you desire, to troubleshoot your System, or to send emails that you have requested.
• To provide functionality, analyze performance, fix errors, and improve the usability and effectiveness of Kaleidescape Services.
• To send you email notifications about new or existing products and services, such as software upgrades.
• To enhance existing features, products and services, or to develop new features, products and services.
• To better understand our consumers, distribution channel, and market.
• To provide third parties with aggregate information (that will not identify you or your household) about our user base and usage patterns, including movies played.
• To allow us to make recommendations and to improve your experience and that of others based on your usage characteristics and preferences, and those of other Kaleidescape Services users.
• To comply with applicable law, for example, to comply with a lawful governmental request.
• To prevent and detect fraud and abuse in order to protect the security of our users, Kaleidescape, and others.
• To communicate with you in relation to Kaleidescape Services.
• To advertise and market to you, including, for example, sending you promotional communications and presenting you with relevant offers. If you do not want to receive direct marketing communications, you can opt-out at any time by contacting us using the contact details below. If you opt-out of receiving marketing material from us, Kaleidescape may still contact you in relation to its ongoing relationship with you.
• As otherwise reasonably necessary to carry out our business and provide the Kaleidescape Services.

Please note that we may also use your personal information for other purposes with your consent.

Your personal information is an important part of our business, and we are not in the business of selling your personal information to others. We share your personal information only as described below.

• Service Providers. We occasionally hire other companies to provide limited services on our behalf including, for example, packaging, mailing and delivering products and services, answering consumer questions about products and services, processing registrations, providing marketing assistance, providing business support services, processing payments, providing storage, providing analytics, analyzing our market, and designing future products. We will only provide those companies with the information they need to deliver their services, and they are prohibited from using that information for any other purpose.
• Business Transfers. As we continue to develop our business, we might sell or buy other businesses or services. In such transactions, consumer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, you consent otherwise). Also, in the unlikely event that Kaleidescape or substantially all of its assets are acquired, consumer information will be one of the transferred assets.
• Protection of Kaleidescape and Others. When we believe in good faith that it is necessary to release information to comply with the law, enforce or apply our conditions of use and other agreements, or protect the rights, property, or safety of Kaleidescape, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

A cookie or other tracking technology is a small piece of script or code that is stored on your browser or device to help websites and apps remember you and collect information about your use of Kaleidescape Services. We use cookies, pixels, and other technologies (collectively, "cookies") to make your experience on Kaleidescape Services better. These technologies help recognize your browser or device, maintain your preferences, and provide certain features (like saving your location). Approved third parties may also set cookies when you interact with Kaleidescape Services. Third parties include search engines, providers of measurement and analytics services, and social media networks. Third parties use cookies in the process of delivering content, including ads relevant to your interests, to measure the effectiveness of their ads, and to perform services on behalf of Kaleidescape.

You can manage browser cookies through your browser settings. The ‘Help’ feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, how to block cookies, and when cookies will expire. If you block all cookies on your browser, neither we nor third parties will transfer cookies to your browser. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some features and services may not work.

We may also work with third parties that collect data about your use of Kaleidescape Services and other sites or apps over time for non-advertising purposes. For example, we use Google Analytics to improve the performance of Kaleidescape Services and for other analytics purposes. For more information, see Google’s Privacy & Terms. To opt out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout.

At this time, we do not respond to any “Do Not Track” signals.

The disclosures found in this section of the Privacy Policy are required by California law, and provide a “Notice at Collection” under the California Consumer Privacy Act (“CCPA”).

Personal Information We Collect. The personal information that we collect, or have collected from users in the twelve months prior to the last updated date of this Privacy Policy, fall into the following categories:

• Identifiers (such as name, postal address, phone numbers, IP address, account name, information about your Kaleidescape account, unique identifiers and other online identifiers).
• Personal information described in Cal. Civ. Code § 1798.80(e) (such as name, address, phone number, credit card number, debit card number, and other payment details).
• Commercial information (such as transaction history and purchase and content consuming activity)
• Internet or other electronic network activity information (such as browsing history, search history, and information regarding a consumer’s interaction with Kaleidescape Services)
• Geolocation data (such as your general location based on your IP address)
• Audio, electronic, visual, thermal, olfactory or similar information (such as images, audio recordings and video recordings that you provide when you interact with consumer support)
• Inferences we may make using the categories of personal information above in the context of Kaleidescape Services.
• Sensitive personal information (such as account log-in, debit card, or credit card number in combination with any password or credentials that grant access to a consumer’s account).

Sources of Personal Information. We explain our sources of personal information in the section “Where We Collect Your Personal Information From” above. For ease of reference, we collect the above categories of personal information from the following sources: directly from you, automatically when you use Kaleidescape Services, and from other sources such as service providers.

Uses of Personal Information. We use and have used in the twelve months prior to the last updated date of this Privacy Policy, each of the categories of personal information for one or more of the purposes described in the section “How We Use Your Personal Information”. For ease of reference, we use your personal information to do the following:

• The purposes for which you specifically provided the information including, for example, to provide a service that you desire, to troubleshoot your System, or to send emails that you have requested.
• To provide functionality, analyze performance, fix errors, and improve the usability and effectiveness of Kaleidescape Services.
• To send you email notifications about new or existing products and services, such as software upgrades.
• To enhance existing features, products and services, or to develop new features, products and services.
• To better understand our consumers, distribution channel, and market.
• To provide third parties with aggregate information (that will not identify you or your household) about our user base and usage patterns, including movies played.
• To allow us to make recommendations and to improve your experience and that of others based on your usage characteristics and preferences, and those of other Kaleidescape Services users.
• To comply with applicable law, for example, to comply with a lawful governmental request.
• To prevent and detect fraud and abuse in order to protect the security of our users, Kaleidescape, and others.
• To communicate with you in relation to Kaleidescape Services.
• To advertise and market to you, including, for example, sending you promotional communications and presenting you with relevant offers. If you do not want to receive direct marketing communications, you can opt-out at any time by contacting us using the contact details below. If you opt-out of receiving marketing material from us, Kaleidescape may still contact you in relation to its ongoing relationship with you.
• As otherwise reasonably necessary to carry out our business and provide the Kaleidescape Services.

As otherwise reasonably necessary to carry out our business and provide the Kaleidescape Services.

Selling or Sharing Personal Information. In the twelve months prior to the last updated date of this Privacy Policy, we have not “sold” or “shared” (as defined by the CCPA) any of your personal information.

Categories of Personal Information Disclosed for a Business Purpose. The personal information that we may have disclosed for a business purpose to the third parties identified in the section “Who We Disclose Personal Information To” in the twelve months prior to the last updated date of this Privacy Policy includes the following categories:

• Identifiers such as your name, postal address, phone numbers, IP address, or unique identifiers, for example if we use a service provider to deliver products or services, to help us determine your general location, or to provide analytics.
• Personal information described in Cal. Civ. Code § 1798.80(e), such as a credit card number or other payment details, for example if we use a service provider to process payments.
• Commercial information, such as details of a product or service you purchased, for example if we use a service provider to process your transactions.
• Internet or other electronic network activity information, such as if we use a service provider to help us gather crash reports for analyzing the health of our devices and services, or information relating to our prevention and detection of fraud or other unauthorized activity, which may require disclosing certain information about potentially affected consumers to law enforcement.
• Audio, electronic, visual, thermal, olfactory or similar information, such as images, audio recordings and video recordings, for example if we use a service provider to review consumer provided images and recordings to provide consumer support.

Use and Disclosure of Sensitive Personal Information. We do not use or disclose sensitive personal information for purposes other than those specified in § 7027(m) of the CCPA regulations.

Minors and Personal Information. We do not knowingly “sell” or “share” (as defined by the CCPA) the personal information of minors under the age of 18.

Retention of Personal Information. We retain personal information only for so long as necessary to fulfill the purposes for which it was collected, including as described in this Privacy Policy, or as required by law. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy. When assessing retention periods, we first carefully examine whether it is necessary to retain the personal information collected and, if retention is required, work to retain the personal information for the shortest possible period permissible under law.

California consumers have certain rights with respect to their personal information under the CCPA.

Right to Know/Access. You have the right to request that we disclose: the categories and specific pieces of personal information we have collected about you; the categories of sources from which personal information are collected; our business or commercial purpose for collecting, using, disclosing, selling or sharing personal information; the categories of third parties to whom we disclose, sell, or share personal information; and the categories of personal information we have disclosed, sold, or shared about you for a business or commercial purpose. You also have a right to confirm whether we process your personal information, and to access and receive a copy of the specific personal information we have collected about you.

Right to Deletion. You have a right to request deletion of your personal information, subject to exceptions under applicable laws.

Right to Correction. You have a right to request correction of any inaccurate personal information we hold about you, subject to exceptions under applicable laws.

Right to Limit the Use of Sensitive Personal Information. We do not use or disclose sensitive personal information for any purposes that would require offering you a right to limit under the CCPA.

Right Not to Receive Discriminatory Treatment. You have a right not to be subject to discriminatory treatment for exercising any of your rights described under this section. We will not discriminate against you based on your exercise of any of your rights.

You can exercise your rights to know/access, delete, and correct directly by submitting a request to our Privacy Officer at legal@kaleidescape.com. We may ask you for information that we consider necessary to verify your identity for security and to prevent fraud. This information may include name, contact information, and information related to your transaction or relationship with us, but the specific information requested may differ depending on the circumstances of your request.

You may also designate an authorized agent to exercise your rights to know/access, delete, or correct on your behalf. We may ask authorized agents to submit proof of their authority to make a request, such as a valid power of attorney or proof that they have signed permission from you, who is the subject of the request. In some cases, we may be required to contact you to verify your identity or confirm the authorized agent has permission to submit the request. If you are an authorized agent seeking to exercise such rights to know/access, delete, or correct on behalf of a Kaleidescape Services user, please submit a request to our Privacy Officer at legal@kaleidescape.com.

We are committed to managing personal information in accordance with the Australian Privacy Principles (“APPs”) under the Privacy Act 1988 (Cth) (“Australian Privacy Act”) and in accordance with other applicable privacy laws.

Right to Access or Seek Correction of Your Personal Information. You are entitled to access your personal information held by Kaleidescape on request. To request access to your personal information please contact our Privacy Officer using the contact details set out below.

You will not be charged for making a request to access your personal information but you may be charged for the reasonable time and expense incurred in compiling information in response to your request.

We will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up-to-date. You can help us to do this by letting us know if you notice errors or discrepancies in information we hold about you and letting us know if your personal details change.

However, if you consider any personal information we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading you are entitled to request correction of the information. After receiving a request from you, we will take reasonable steps to correct your information.

We may decline your request to access or correct your personal information in certain circumstances in accordance with the APPs. If we do refuse your request, we will provide you with a reason for our decision and, in the case of a request for correction, we will include a statement with your personal information about the requested correction.

Complaints About the Handling of Your Personal Information. You may contact Kaleidescape at any time if you have any questions or concerns about this Privacy Policy or about the way in which your personal information has been handled.

You may make a complaint about privacy to the Privacy Officer at the contact details set out below.

The Privacy Officer will first consider your complaint to determine whether there are simple or immediate steps which can be taken to resolve the complaint. We will generally respond to your complaint within a week.

If your complaint requires more detailed consideration or investigation, we will acknowledge receipt of your complaint within a week and endeavour to complete our investigation into your complaint promptly. We may ask you to provide further information about your complaint and the outcome you are seeking. We will then typically gather relevant facts, locate and review relevant documents and speak with individuals involved.

In most cases, we will investigate and respond to a complaint within 30 days of receipt of the complaint. If the matter is more complex or our investigation may take longer, we will let you know.

If you are not satisfied with our response to your complaint, or you consider that Kaleidescape may have breached the APPs or the Privacy Act, a complaint may be made to the Office of the Australian Information Commissioner (“OAIC”). The OAIC can be contacted by telephone on 1300 363 992 or by using the contact details on the OAIC website at https://www.oaic.gov.au/.

We are committed to managing your personal information in accordance with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and in accordance with other privacy laws.

Right to Access and Correct. To the extent required by applicable law, you have the right to request access to and correct your personal information. If you wish to do any of these things, please contact our Privacy Officer using the contact details set out below. Depending on your data choices and province of residence, certain services may be limited or unavailable.

Right to Withdraw Consent. When you consent to our processing your personal information for a specified purpose, you have the right to withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, and we will stop any further processing of your data for that purpose. If you wish to do this, please contact our Privacy Officer using the contact details set out below. Additionally, as stated above, depending on your data choices and province of residence, certain services may be limited or unavailable.

Right to Challenge Compliance. If you have any questions or concerns about our Privacy Policy or privacy practices, you can contact our Privacy Officer using the contact details below. You can also ask us questions about how to submit a privacy complaint and we will endeavor to help.

We review your inquiry to determine how best to respond to your question or concern. In most cases, all substantive contacts receive a response within seven days. In other cases, we may require additional information or let you know that we need more time to respond.

Where your complaint indicates an improvement could be made in our handling of privacy issues, we will take steps to make such an update at the next reasonable opportunity. In the event that a privacy issue has resulted in a negative impact on you or another person, we will take steps to address that with you or that other person.

You may at any time — including if you are not satisfied with our response — refer your complaint to the applicable data protection authority. If you ask us, we will endeavor to provide you with information about relevant complaint avenues which may be applicable to your circumstances.

Personal Information Transfers. When we transfer personal information from Canada to the United States, we ensure that the information is transferred in accordance with this Privacy Policy and as permitted by applicable Canadian privacy laws.

Your personal information may be stored and processed in the United States by Kaleidescape or by our service providers, including Amazon Web Services (AWS). We use contractual safeguards, including data processing agreements with appropriate privacy and security provisions, when transferring your personal information to the United States.

You should be aware that privacy laws in the United States may not provide the same level of protection as Canadian privacy laws, and your information may be subject to lawful access by US courts, law enforcement, and national security authorities. For more information about our policies and practices regarding service providers in the United States, contact our Privacy Officer using the contact details set out below.

Minors and Personal Information. We do not sell or provide Kaleidescape Services to minors. If you are under the age of majority in your province or territory of residence, you may use Kaleidescape Services only with the involvement of a parent or guardian.

We are committed to managing your personal information in accordance with the UK General Data Protection Regulation (“UK GDPR”) and in accordance with other privacy laws.

Data Controllers. Kaleidescape, Inc. is the data controller of personal information collected and processed through Kaleidescape Services.

Right to Access, Correct, and Delete. Subject to applicable law, you have the right to request access to, correct, and delete your personal information.

Right to Data Portability. Subject to applicable law, you have the right to request portability of your personal information.

Right to Object and Restrict. Subject to applicable law, you have the right to object to our processing of your personal data or ask that we restrict the processing of your personal information in certain instances.

Right to Withdraw Consent. Subject to applicable law, when you consent to our processing your personal information for a specified purpose, you may withdraw your consent at any time and we will stop processing of your data for that purpose.

Right to File a Complaint. You have the right to file a complaint with a data protection authority, but we encourage you to first contact us with any questions or concerns.

Right Not to Be Subject to Solely Automated Decisions. We do not make any decisions solely using automated means, where such decision would have a legal effect on you or produce a similarly significant effect.

Exercising Your Rights. If you wish to exercise any of your rights described above in this section, please contact our Privacy Officer at the contact details set out below.

UK GDPR & UK Data Protection Laws - Legal Basis. The UK GDPR and applicable UK data privacy laws require a legal basis for our use of your personal information. Our basis varies depending on the specific purpose for which we use personal information. We use:

• Performance of a contract when we provide you with Kaleidescape Services, or communicate with you about them. This includes, for example, when we use your personal information to take and handle orders, deliver products and services, and process payments.
• Our legitimate business interests and the interests of our customers when we improve Kaleidescape Services, when we detect and prevent fraud and abuse in order to protect the security of our customers, ourselves, or others, and when we provide you with advertising.
• Your consent when we ask for your consent to process your personal information for a specific purpose that we communicate to you.
• Compliance with a legal obligation when we use your personal information to comply with laws.

Personal Information Transfers. When we transfer personal information from the UK to the United States, we ensure that the information is transferred in accordance with this Privacy Policy and as permitted by applicable laws on data protection.

For these transfers to the United States, we implement appropriate safeguards to protect your personal information. Specifically, we rely on Standard Contractual Clauses (SCCs) approved by the UK government when transferring personal data to our service providers in the United States, including Amazon Web Services (AWS). These contractual mechanisms are designed to ensure your personal information receives an adequate level of protection when transferred internationally.

You can request more information about these safeguards and obtain a copy of the relevant SCCs by contacting our Privacy Officer using the contact details provided below.

Minors and Personal Information. We do not sell or provide Kaleidescape Services to minors. If you're under 18, you may use Kaleidescape Services only with the involvement of a parent or guardian.

The security, integrity, and confidentiality of your personal information are extremely important to us. We have implemented technical, administrative, and physical security measures that are designed to protect guest information from loss, theft, or any unauthorized access, disclosure, use, copying, or modification. Please be aware that, despite our best efforts, no security measures are perfect or impenetrable.

Your information may be stored and processed in the United States or any country in which Kaleidescape or its subsidiaries or agents maintain a presence; you consent to any such transfer of your personal information outside of your country and to the usage of your personal information as described in this Privacy Policy.

Unless an exception under the APPs applies, we will only disclose your personal information to overseas recipients where we have taken reasonable steps to ensure that the overseas recipient does not breach the APPs in relation to your personal information.

Please note that personal information stored or processed outside of your country may be subject to access by foreign government authorities under applicable laws.

As explained in the section “Retention of Personal Information”, we retain personal information only for so long as necessary to fulfill the purposes for which it was collected, including as described in this Privacy Policy, or as required by law. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy. When assessing retention periods, we first carefully examine whether it is necessary to retain the personal information collected and, if retention is required, work to retain the personal information for the shortest possible period permissible under law.

From time to time, we may change this Privacy Policy to accommodate new technologies, industry practices, regulatory requirements or for other purposes. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on our sites and applications, or by other means, consistent with applicable law.

Even though Kaleidescape has taken steps to ensure that your personal information will not be collected, used, or disclosed by Kaleidescape except as set forth by this Privacy Policy, technical mistakes are possible. If such a mistake takes place, we will take commercially-reasonable steps to correct it.

The contact details for Kaleidescape are:

Kaleidescape Privacy Officer

Address: 295 North Bernardo Avenue Mountain View, CA 94043 United States

Email address: legal@kaleidescape.com

Telephone number: +1 (650) 625-6100