Privacy Policy

Updated as of January 18, 2024

INTRODUCTION

Welcome to www.darkcastleentertainment.com which is owned and operated by Dark Castle Entertainment, LLC (“Dark Castle” or “we,” “us,” or “our”). We respect your privacy and have established this Privacy Policy (the “Policy”) to explain our collection, use, and sharing of information from or about you, and certain choices offered with respect to that information, in connection with your use of this website, its features, related email communications, and any other digital offerings that link to this Privacy Policy (collectively, the “Service”), regardless of how you access it (whether via personal computers, mobile devices or otherwise). Any updates or modifications to this Policy will be posted to the Service and the updated date will be indicated above. For certain aspects of the Service, there may be additional notices about information practices and choices provided to you, which you should read carefully when provided.

By accessing, using, or otherwise interacting with any part of the Service, you acknowledge you have read and understand this Policy, consent to the practices it describes, and agree to the Service’s Terms of Use, which you should review carefully as well. If you do not agree and consent, please discontinue use of the Service.

If you are a California resident, please review Your California Rights for additional information as well as our Notice at Collection.

SUMMARY

Below we have provided a summary of key elements of this Policy. Please review our full Policy, provided below in its entirety.

WHAT MAY WE COLLECT?

Depending on how you interact with us, we and/or our Service Providers (as defined below) may collect information such as the following, some of which may be considered “personal information” under applicable law(s):

Information you provide, such as your name, email, or other contact information for our mailing list or in direct communications to us, any user-generated content or promotion registrations you choose to share with us.
Information collected automatically from you as you access the Service (e.g., device, usage, approximate geolocation). This may involve the use of strictly necessary, functional, and/or performance cookies and similar technologies, such as those used by our Service Providers.
Information from other sources, such as our Service Providers, social media and other public sources where you engage with us, our licensees and other business partners, and affiliates.

HOW WE MAY USE IT?

Your information may be used for certain purposes such as:

To communicate with you and allow you to participate in various features.
To provide, maintain, improve, and secure the Service and its content.
To understand our audience in order to create and market the best content.
To protect and enforce rights, and as otherwise permitted by law.

HOW MAY WE SHARE IT?

Your information may be shared, without limitation, with:

Service Providers for our business purposes such as marketing emails, analytics, cloud storage, website maintenance, and security.
Affiliates and for corporate transactions (e.g., merger or sale).
Law enforcement or others to comply with law or legal process.
Promotional partners and/or the public if you enter promotions.
Your consent or as otherwise permitted by law.
Others in aggregated and/or deidentified manner.

YOUR CHOICES AND YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you have certain rights regarding your personal information including:

You may unsubscribe from marketing emails at any time.
You may be able to control certain cookies through browsers and devices, but we do not respond to “Do Not Track” signals.
California residents may have certain privacy rights as detailed here, including the right to:
- Be informed;
- Know what personal information the business has collected about the consumer;
- Delete personal information that the business has collected from the consumer, subject to certain exceptions;
- Correct inaccurate personal information that a business maintains about a consumer;
- Opt-out of the sale or sharing of their personal information by the business (Dark Castle does not sell personal information);
- Limit the use or disclosure of sensitive personal information by the business, unless certain exceptions apply; and
- Not be discriminated against.
California residents are provided with certain disclosures regarding information collected during the last 12 months, as detailed below.

ADDITIONAL INFORMATION

We do not collect information from minors, as the Service is only available to adults age 18 and up.
We use reasonable security designed to help protect your information.

QUESTIONS/CONTACT

For more information about our privacy practices, read the full Privacy Policy below.
You can also contact us at privacy@darkcastleentertainment.com if you have questions or concerns.

WHAT MAY WE COLLECT?

We and/or our vendors, consultants, agents, and other service providers acting on our behalf (collectively, “Service Providers”) collect information from and about you when you interact with us and in connection with your use of the Service. This information can be collected directly from you or from other parties as well as automatically through the Services. This information may include information that allows someone to directly or indirectly identify or contact you, including, for example, your name, address, telephone number, or e-mail address, which may be considered “Personal Information” (or similar terms) as defined under applicable laws where you reside (collectively “Personal Information”). It may also include information which relates to, or could reasonably be linked with, you or (in some cases) your household, but which may not identify you on its own, such as certain information regarding your devices, site usage, interests, and demographics. Certain information may be excluded from this definition under applicable law such as aggregated or deidentified (in accordance with applicable law), or certain publicly available data.

Information You Provide.

Depending on how you interact with us, we and/or our Service Providers may collect certain information, including Personal Information, that you choose to provide directly, such as:

Contact information (e.g., name, email address) you may provide if you choose to subscribe to our marketing communications.
Any contact or other information you may share should you choose to contact us via email, mail, or other means.

Cookies and Information Collected Automatically.

When you use the Services, certain information about your visit is automatically logged through the use of cookies and similar tools (collectively “Tracking Technologies”). Cookies are small text files that are stored in your computer’s memory and hard drive or in your mobile device or tablet when you visit certain web pages. They and other tracking technologies are used to enable websites to function or to provide information to the owners of a website or other third parties that receive data obtained from that website. Our website uses necessary cookies in order to make our website function and to collect analytics information about your visit. We may use service providers, including Google Analytics to collect such information. For more information on (a) how Google Analytics collects and processes such information, please click here, and (b) how to prevent the use of Google Analytics relating to your use of our Services by downloading and installing a browser plug-in, please click here. You can change your cookie preferences by changing the setting on your web browser to delete or reject cookies. If you delete or reject cookies, some portions of our website may not function properly.

For information on how to control these Tracking Technologies, review What Choices and Controls do You Have below.

Information from Other Sources.

We may obtain information about you from other sources, such as:

Service Providers, such as our analytics and marketing platforms described above or social media vendors.
Other Third Party Sources, such as social media platforms, third party blogs, and other publicly available sources, such as when you post, comment, tag, or otherwise interact with us or our content.
Business Partners, such as merchandising licensees who may share aggregated analytics.

Some of this information may be treated as Personal Information we collect under certain circumstances in accordance with applicable law.

A NOTE ABOUT THIRD PARTY SERVICES

The Service may feature functionality offered by, and/or include hyperlinks to, certain Service Providers, Business Partners, and other third parties and their websites, landing pages, social media platforms, applications, portals, or other services and features owned and/or operated by them (collectively, “Third Party Services”). Should you choose to post information on a Third Party Service, it may be viewed publicly, and if it references the Service (e.g., by using a hashtag associated with us in a tweet or status update), your post may be used in connection with the Service. Further, these Third Party Services may collect or receive certain information, which may include Personal Information, about your use of the Service or the Third Party Service (as applicable), including through the use of their cookies, web beacons, and similar technologies as described generally above, direct collection from you, or otherwise. We have no control over these Third Party Services and are not responsible for them or their privacy practices. Any information collected by a Third Party Service will be governed under the terms of its own privacy policy and terms of use. We encourage you to review such policies thoroughly before disclosing any information to them. The inclusion of links to, or functionality by, Third Party Services on our Service in no way constitutes an endorsement of their content, actions, or policies.

HOW MAY WE USE IT?

Depending on how you interact with us, we may use your information, including Personal Information, for the following purposes:

Communications: We may use your contact information and other identifiers to (a) provide you with communications you elect to receive about us, our projects, and any promotions, (b) respond to your requests, feedback, or questions if you reach out to us, and (c) contact you with regard to your use of the Service and, in our discretion, changes to the Service and/or our policies.
Service Operations: We and/or our Service Providers may use your Usage Information and other aggregated information to ensure that the Service functions properly, to monitor and improve the operation, delivery, and general accessibility on our Service, identify popular areas or features, and otherwise provide, maintain, and improve the Service.
Research: We may use information such as geolocation information from our marketing platform, and publicly available social media engagement data from Third Party Services and other sources, to help us understand our audience generally. This facilitates our ability to develop and produce the best content and market it effectively.
Security, Enforcement, Etc.: We may use information to (a) maintain the safety and security of our Service, (b) to protect the rights and property of Dark Castle and others, (c) to detect, investigate, and prevent security breaches or fraud and other illegal activities, (d) to enforce our Terms of Use and other agreements and resolve disputes, (e) as may be required to comply with our legal obligations, and (f) as may otherwise be permitted by law.

We will retain any Personal Information collected as long as it is needed for the above purposes and in accordance with applicable law.

HOW MAY WE SHARE IT?

We may share the information described above with other parties as follows:

Service Providers: We may share information with our Service Providers (e.g. analytics, marketing, website, cloud, and other technical service providers, professional services firms, etc.) as needed for business and commercial purposes such as storing data you choose to share, providing marketing communications you opt to receive, generating analytics information for our aggregated use, developing, hosting, delivering, securing, and/or maintaining the Service, providing certain functionalities or features on the Service, or other uses of information as described above. We endeavor to limit the Personal Information we provide to such providers to the minimum needed to deliver the service.
Corporate Transactions: We may share information with other third parties in connection with corporate transactions (e.g., merger, acquisition, sale, or financing)
Affiliates: We may share information with our affiliated entities.
Law Enforcement: We may share information with law enforcement, certain Service Providers providing investigative or other relevant services, rights holders, or others when it is necessary for us to comply with applicable law, legal process, or government requests, to respond to legal claims, or to protect our rights or the property or personal safety of Dark Castle, its employees and contractors, licensors, licensees, other third parties, or the public.
Consent, etc.: We may otherwise share information about you with third parties for any other purpose properly disclosed to you (as may be required pursuant to applicable law), at your consent or direction, or as may be otherwise permitted by law.
Aggregate/Deidentified: We may share aggregated and/or deidentified information with distributors and other licensees, licensors, business partners, and other third parties.

Information shared with third parties may be used as described in their respective privacy policies. Some of this information may be deemed Personal Information. Please rest assured we do not sell, trade, or license Personal Information for direct marketing purposes, and would not do so in the future without your consent in accordance with applicable law.

WHAT CHOICES AND CONTROLS DO YOU HAVE?

Communications: You may elect to unsubscribe from promotional communications at any time by following the instructions in any marketing email you get from us. Please note that your opt out is limited to the email address used and will not affect subsequent subscriptions or non-promotional communications, such as replies to any communications from you or any notifications we may send regarding changes to this Privacy Policy or Terms of Service.
Registration Data: Should we ever offer you the opportunity to create an account to access certain features, it may include functionality allowing you to view, update, and/or edit the registration data you provide.
Tracking Technologies: You may be able to exercise certain controls through the settings available to you through your web browser or device or certain third-party browser extensions. You can also visit http://www.allaboutcookies.org..., where you will find information on cookie management and blocking that pertains to a wide variety of browsers. If you elect to reject certain cookies, please note that you may not be able to take full advantage of the features and functions of the Service. You may also learn how to opt out of Google Analytics using the link provided above.
Do Not Track: Certain web browsers may allow you to send “Do Not Track” requests. We do not currently take actions to respond to Do Not Track signals because there is no current industry standard concerning what, if anything, websites should do when they receive such signals. We continue to review new technologies and may adopt a standard if and when one is created. More information about “Do Not Track” is available at https://allaboutdnt.com//.

YOUR CALIFORNIA PRIVACY RIGHTS

CCPA

To the extent applicable, the CCPA imposes certain obligations on us and grants certain rights to California residents (“California Resident,” “you” or “your”) regarding “personal information.” If you are a California Resident, please review the following information about your potential rights with regard to your personal information under the CCPA. The rights described herein are subject to exemptions and other limitations under applicable law. Terms used herein have the meaning ascribed to them in the CCPA. We are a “business.” Please note that though the Service has not been operational prior to the effective date of this Privacy Policy (which coincides with its launch date), we will describe categories of personal information enumerated in the CCPA which may have been collected by prior means in the prior 12 months, and indicate where practices are likely to change.

Notice at Collection and Use of Personal Information

Information We Collect and How We Collect It

Depending on how you interact with us, we may collect the categories of personal information from or about you from the following sources:

Identifiers, such as your name, email, mailing address, and similar identifiers.
- Sources: We may have collected identifiers from: You (e.g., through direct communications), Service Providers, (e.g., social media vendors), Other Sources (e.g., social media), Business Partners (e.g., licensees), Affiliates.

These additional categories and sources may apply to information collected in the future:

Identifiers, such as your IP address
- Sources: Automatically, Service Providers
Internet or other electronic network activity, such as Usage Information as described above.
- Sources: Automatically, Service Providers
Geolocation data, such as approximate general location estimated from your IP address
- Sources: Automatically, Service Providers

Our Use and Collection of Information

We may collect and use personal information from you for the purposes described above in “How May We Use It” above, such as Research (e.g., understanding our audience), Communications (e.g., to respond to direct requests from you), Optional Features (e.g., participation in certain activities on social media pages), and Security/Enforcement. In the future, we may use it for additional purposes such as Service Operations, and additional uses within the categories above.

Sale or Sharing of Personal Information

We do not sell or share your personal information (as those terms are defined under the CCPA).

How Long We Keep Information

We retain your personal information as described above in How May We Use It.

For more information about our privacy practices, please review our entire Privacy Policy.

Our Collection, Use, and Disclosure of Personal Information and Sensitive Personal Information

What Information We Have Collected, the Sources from Which We Collected It, and Our Purpose for Collecting the Information

In the preceding 12 months, depending on how you interact with us, we may have collected the categories of personal information from the categories of sources listed above in “Information We Collect and How We Collect It”. We may collect all or a few of these categories of personal information for the business or commercial purposes identified in “Our Use and Collection of Information”.

Our Disclosure, Share and Sharing of Personal Information:

We do not sell or share your personal information (as those terms are defined under the CCPA). We do not knowingly sell or share the personal information of California Residents under 16 years old.

In the past 12 months, any of the above categories of Personal Information collected may have been disclosed for the purposes described in the “Our Use and Collection of Information” section above, including Service Providers (e.g., our vendors performing services for us), Affiliates, and Law Enforcement/compliance. Future additional categories of disclosures may include the sharing of Identifiers and other information as may be required when you enter Promotions.

In addition, in the preceding 12 months, we may have disclosed all of the categories of personal information identified in “Information We Collect and How We Collect It” to the following categories of third parties: (i) judicial courts, regulators, or other government agents purporting to have jurisdiction over us, our subsidiaries or our affiliates, or opposing counsel and parties to litigation; and (ii) other third parties as may otherwise be permitted by law and for the business or commercial purposes identified above in Our Use and Collection of Information. Additionally, we may disclose your personal information to third parties upon your request, at your direction, or with your consent.

Use and Disclosure of Sensitive Personal Information

Under the CCPA, certain personal information we collect and process may be considered “sensitive personal information.” The CCPA requires that we provide you with a right to limit our use or disclosure of such sensitive personal information in certain circumstances. Currently, we are not using your sensitive personal information for purposes that would require that we provide you with a right to limit

California Residents’ Rights under the CCPA

If your personal information is subject to the CCPA, you may have certain rights concerning that information, subject to applicable exemptions and limitations, including:

The right to be informed, at or before the point of collection, of the categories of personal information to be collected and the purposes for which the categories of personal information shall be used;
The right to know what personal information the business has collected about the consumer, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom the business discloses personal information, and the specific pieces of personal information the business has collected about the consumer (“request to know”);
The right to delete personal information that the business has collected from the consumer, subject to certain exceptions (“request to delete”);
The right to correct inaccurate personal information that a business maintains about a consumer (“request to correct”);
If the business sells or shares personal information, the right to opt out of the sale or sharing of their personal information by the business; (Dark Castle does not sell personal information.)
If the business uses or discloses sensitive personal information for reasons other than for certain purposes specified in the CCPA, the right to limit the use or disclosure of sensitive personal information by the business; (Dark Castle does not use or disclose sensitive personal information for such other reasons) and
The right not to receive discriminatory treatment by the business for the exercise of privacy rights conferred by the CCPA.

The CCPA does not restrict our ability to do certain things like comply with other laws or comply with regulatory investigations. We also reserve the right to retain, and not to delete, certain personal information after receipt of a request to delete from you where permitted by the CCPA or another law or regulation.

Consumer Rights Requests

If you are a California consumer, you or your authorized agent may submit a request to know, delete or correct personal information (“Consumer Rights Request”) by contacting us at privacy@darkcastleentertainment.com or by mail to Dark Castle Entertainment, 8844 W. Olympic Blvd., Suite 100, Beverly Hills, CA 90211, Attn: Privacy. In the request, please specify which right(s) you are seeking to exercise and the scope of the request and include “CCPA Rights Request” in the subject line. In accordance with the CCPA, we may require additional information to verify your identity (or to verify that your authorized agent has the authority to make the request on your behalf) before responding to a CCPA rights request. Such information may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, your name and email address. Any information gathered as part of the verification process will be used for verification purposes only. If we are unable to so verify, we may deny your requests. We will confirm receipt and respond to all verified requests in accordance with applicable timelines required by the CCPA.

“Shine the Light” Law

California’s “Shine the Light” law (California Civil Code Section 1798.83) permits California residents to request certain details about how certain types of their information are shared with third parties for such third parties’ own direct marketing purposes. We do not share such information in such manner, but should we ever do so in the future, we will provide California customers with such information upon request or permit them to opt in to, or opt out of, this type of sharing.

CHILDREN/MINORS

The Service is not directed to children under 18 years of age, who are prohibited from using the Service per our Terms of Use. Accordingly, we do not knowingly collect any Personal Information from them. If you believe we may have collected any from your child on the Service, please contact us via privacy@darkcastleentertainment.com and we will make reasonable efforts to delete it from our records, when required by law.

SECURITY

We take commercially reasonable steps to help protect your Personal Information against unauthorized access, disclosure, misuse, or loss. However, no data transmission or storage can be guaranteed to be 100% secure. Therefore, we cannot ensure or warrant the security of any information collected through the Service.

UPDATES/MODIFICATIONS TO THIS POLICY

From time to time, we may change this Privacy Policy to accommodate new technologies, industry practices, regulatory requirements, or for other purposes. Notice may be provided by posting notice of such changes on the Service, by email to you at the last email address you provided us (if any), or by other means consistent with applicable law.

If you have any questions about this Privacy Policy, you may contact us via privacy@darkcastleentertainment.com. If you would prefer to reach out by mail, please send a letter to: Dark Castle Entertainment, 8844 W. Olympic Blvd., Suite 100, Beverly Hills, CA 90211, Attn: Privacy.