PRIVACY POLICY

EFFECTIVE DATE: SEPTEMBER 15, 2018

Thank you for visiting Brown Sugar! The Brown Sugar Service is a subscription offering of Brown Sugar, LLC. This privacy policy (“Privacy Policy”) explains the ways your information is collected and used by Brown Sugar, LLC, and the choices you can make about what we do with your information.

The Privacy Policy is an integral part of the Terms of Use for the Brown Sugar Access Points, available at info.brownsugar.com/terms-of-use. The Terms of Use set forth the terms and conditions for your use of the Brown Sugar Access Points. Please read the Terms of Use and this Privacy Policy carefully. By using the Brown Sugar Site or any other Brown Sugar Access Point, you are agreeing to the Terms of Use, including this Privacy Policy.

As used in this Privacy Policy, the terms “Brown Sugar Service” and the “Service” mean the Brown Sugar-branded service offered by Brown Sugar, LLC, for viewing movies, television shows and other content (collectively, “Content”).  The term Brown Sugar Site means the Brown Sugar website,  brownsugar.com, and the term “Brown Sugar Access Point” includes the Brown Sugar Site, Brown Sugar web applications,    and other places operated by Brown Sugar, LLC, where the Service is available, as well as all features, functionalities, content and software associated with the Service at those places. The term “Third-Party Access Points” includes all websites, web applications, and other platforms where the Service is available (such as Amazon.com) that are operated by entities other than Brown Sugar, LLC.  “Subscriber” means someone with authorized access to the Brown Sugar Service through a Brown Sugar Access Point, and “Subscription” means the right to access the Service through a Brown Sugar Access Point. “Personally Identifiable Information” means information, such as name, address, email address, or photograph, that can be used to identify an individual. The terms “we,” “our,” and “us” in this Privacy Policy mean Brown Sugar, LLC, and its parent and affiliated companies, and the terms “you” and “your,” mean you, the end user of the Service.

This Privacy Policy and the Terms of Use include hyperlinks that may not be accessible from some devices. To access the hyperlinks, you may need to visit the Brown Sugar website, brownsugar.com, using a computer.

  1. Contacting Us

If you have questions about your Brown Sugar Subscription account, you can visit the FAQ (Frequently Asked Questions) link on the Brown Sugar Site. The FAQ section also includes information on how to contact our customer service for assistance. For questions about this Privacy Policy, our collection and use of your information, cookies and similar technologies, please contact us by email to [email protected], by mail to Brown Sugar Privacy Coordinator, 2870 Peachtree Road #334, Atlanta, Georgia 30305, or by telephone at 470-355-8718.

If you contact us to assist you, you may be required to authenticate your identity before we can fulfill your request.

  1. Information We Collect
  2. Information You Provide Us: We collect information you provide to us, including name, address, email address, telephone number, and payment method. We collect this information in a number of ways, including:
  • when you open a Brown Sugar Subscription account, enter the information when using the Service through a Brown Sugar Access Point, interact with our customer service, or participate in surveys or marketing promotions; and
  • when you provide Subscription account settings, set Subscription account preferences, provide ratings or reviews, or otherwise provide information to us.
  1. Information we collect automatically: We collect information regarding you and your use of the Brown Sugar Service through Brown Sugar Access Points, including:
  • your activity on the Service (such as Content selections, viewing history, search queries, and use of Brown Sugar Access Points);
  • information about your interactions with customer service (such as the date, time and reason for contacting us, transcripts of any chat conversations, and if you call us, your phone number);
  • information about your computer, mobile device, or other device used to access our Service (such as device type, device ID or unique identifier, browser type, type of operating system, and other device and software characteristics, internet connection information, mobile network, statistics on page views, referral URLs, IP address and standard web log information);
  • general location information (such as city, county, and state);
  • information collected through the use of cookies, web beacons and other technologies, including ad data (such as information on impressions delivered to a cookie, the site URL where the impression was delivered, as well as the date and time), which is explained in more detail below under Cookies, Web Beacons, Analytics and Advertising.
  1. Information Collected from Social Networks and Platforms: We collect information when you engage with Brown Sugar Service Content on or through certain third-party platforms and social networking sites, such as Facebook, or other third-party social media plug-ins and applications, including:
  • information about you that you allow us to access from your social media profile (such as name, email address, photo, gender, birthday, location, user files (e.g., photos and videos), your list of friends, people you follow and/or who follow you, the posts or the “likes” you make); and
  • information collected through the use of cookies and similar technologies (such as content viewed and advertisements you have been shown or may have clicked on through third-party platforms).

Some social networking sites and platforms have privacy settings that allow you to control what information you share. For a description on how social networking sites handle your information, please refer to their privacy policies and terms of use.

  1. Geo-location Information: If you are accessing a Brown Sugar Access Point through a mobile device or a mobile application, you may be asked to share your geo-location information with us so we can customize your experience. If you agree to such collection, you will be able to turn off such data collection at any time by accessing the privacy settings of your mobile device and/or through the settings in the applicable mobile application.
  2. Information From Other Sources: We might supplement the information that you provide us and that we collect automatically with information from other sources, including both online and offline data providers. Such information from other sources might include demographic data, interest-based data, and Internet browsing behavior.
  3. Information We Do Not Collect: We do not knowingly collect or store any Personally Identifiable Information from children under the age of 13 or from individuals who are not located within the United States at the time of their interaction with a Brown Sugar Access Point.

If a parent or guardian becomes aware that his or her child under the age of 13 has provided us with personally identifiable information without the consent of the parent or guardian, the parent or guardian may contact us at [email protected] or at the mailing address provided above, and we will delete the child’s personally identifiable information within a reasonable time. For additional information about our policy of not allowing individuals who are under the age of 18 or have not reached the age of majority in their jurisdiction of residence to become a Brown Sugar Subscriber, please see our Terms of Use at info.brownsugar.com/terms-of-use.

Anyone who has submitted information to a Brown Sugar Access Point may also contact us [email protected] or at the mailing address provided

  1. How We Use the Information We Collect

We use the information we collect to process and administer Subscriber accounts and to communicate with you about these and other matters. For example, we use the information we collect to:

  • open and maintain Subscriber accounts, including communicating with Subscribers from time to time about developments related to their accounts or operational matters related to their accounts (such as password reset requests);
  • prevent, detect and investigate potentially prohibited or illegal activities (such as fraud or copyright infringement) and otherwise enforce our Terms of Use and other terms and conditions of access to our Content (such as determining eligibility for free trials);
  • analyze and understand our audience, optimize the delivery of Content, improve and personalize the Service and its Content offerings, improve our marketing of the Service, and respond quickly and efficiently to inquiries and requests;
  • provide you with customized and personalized recommendations for Content you might like; and
  • communicate with you about the Service (such as by email, text messaging, and social networking sites), including news about new features and Content, special offers, promotional announcements, and consumer surveys.

We may use information that is not Personally Identifiable Information (such as aggregated data) for any legitimate business purpose, including for research and analysis, administration of the Service and Brown Sugar Access Points, and for advertising, and promotional purposes.

  1. Disclosure of Information

We may disclose your information to third parties as follows:

  • We use third parties to perform certain services on our behalf in providing the Service to you. For example, we may use third parties to process credit card transactions or other payment methods, to provide customer service, to collect debts, to provide marketing, advertising, and other communications, to provide infrastructure and IT services, to analyze data (including data about Subscribers’ use of the Service and Service Content), and to conduct and process consumer surveys. Third parties who have access to your Personally Identifiable Information by virtue of providing services on our behalf are required to protect the information in a manner that is consistent with this Privacy Policy and are not authorized to use the information except to carry out the services they are performing for us.

 

  • We may disclose information in response to a court order, subpoena, or a law enforcement agency’s request, or when we believe, in our sole discretion, that it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our Terms of Use.

 

  • We may disclose information to verify or enforce compliance with our Terms of Use and applicable laws or as otherwise required or permitted by law or consistent with legal requirements.

 

  • We may transfer information if we are acquired by, sold to, merged with or otherwise transferred to another entity.
  1. Collection and Use of Information by Third Parties. Third parties that provide services on behalf of Brown Sugar, LLC, may use your Personally Identifiable information only in accordance with the terms of this Privacy Policy. Other third-party sites and platforms may also collect information in connection with the Service.  The information practices of these third-party sites and platforms may be different from ours.  We have no control over information that is submitted to or collected by these third parties, and visitors should consult the privacy policy of the applicable to the third-party site or platform.  Sites and platforms that may collect information in connection with the Service include:
  • Third-Party Access Points – Certain third-party sites and platforms that offer subscriptions to a number of subscription services may include the Brown Sugar Service as one of their subscription offerings. These Third-Party Access Points are operated independently of Brown Sugar, LLC, and have their own policies regarding the collection, use, and disclosure of information.  Current examples of Third-Party Access Points include Amazon.com and Comcast.

 

  • Third-Party Subscription Processors – Certain other third-party sites and platforms may process Subscriptions to the Service through Brown Sugar Access Points that are operated by Brown Sugar, LLC, and available on the third parties’ proprietary platforms. These third parties also operate independently of Brown Sugar, LLC, and have their own policies regarding the collection, use and disclosure of information. Current examples of such third-party Subscription processors include Apple.com, Google Pay, and Roku.

 

  • Linked Sites – The Brown Sugar Access Points may contain links to or integrations with other sites, such as Facebook, Twitter, LinkedIn, or sites operated by other third parties.  These sites have their own policies regarding the use of information, which may be different from ours.
  1. Cookies and Web Beacons

To enhance your experience of the Service and the Brown Sugar Access Points, we use “cookies” or similar technologies. Cookies are text files placed in your computer’s browser to store your settings, preferences and usage.

We use cookies to understand the Service and Brown Sugar Access Point usage, and to improve or customize the Content and the Brown Sugar Access Points. For example, we may use cookies to personalize your experience at our Access Points (for example, to recognize you by name when you return to an Access Point) or to save your password in password-protected areas. We also may use cookies to help us offer you products, programs, or services that may be of interest to you and to deliver relevant advertising.

We, our third-party service providers, advertisers, advertising networks and platforms, agencies, or our partners also may use cookies to manage and measure the performance of advertisements or promotions and other Content displayed on or delivered by or through the Brown Sugar Access Points. This also helps us, our service providers and partners, provide more relevant advertising.

The Adobe Flash Player is a web tool that allows rapid development of highly dynamic content. The Brown Sugar Access Points may employ locally stored objects (sometimes referred to as “Flash cookies”) in certain situations where we use Flash to provide Content such as video streaming, video on demand, video clips or animation. Flash (and similar applications) use this technology to remember settings, preferences and usage similar to browser cookies, but Flash cookies are not managed through your web browser. You can access your Flash management tools directly from Adobe’s website.

We, our third-party service providers, advertisers, advertising networks and platforms, agencies or our partners may also use “web beacons,” clear.gifs, or similar technologies, which are small pieces of code placed on a site or web application or in an email, to monitor the behavior and collect data about the visitors viewing a site or email. For example, web beacons may be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that site. Web beacons may also be used to provide information on the effectiveness of our email campaigns (e.g., open rates, clicks, forwards, etc.).

  1. How We Respond to Do Not Track Signals

At this time the Brown Sugar Access Points do not recognize automated browser signals regarding tracking mechanisms, which may include “do not track” instructions. However, you can change your privacy preferences regarding the use of cookies and similar technologies through your browser. You may set your browser to accept all cookies, block certain cookies, require your consent before a cookie is placed in your browser, or block all cookies. Blocking all cookies will affect your online experience and may prevent you from enjoying the full features offered at the Brown Sugar Access Points. Please consult the “Help” section of your browser for more information.

  1. Analytics

We use the services of reputable third parties to provide us with data collection, reporting, ad response measurement, and website and mobile application analytics, as well as to assist with delivery of relevant marketing messages and advertisements. These third parties may view, edit or set their own cookies. We, our third-party service providers, advertisers, advertising networks and platforms, agencies and/or partners may also place web beacons or similar technologies for these third parties. The use of these technologies by these third parties is subject to their own privacy policies and is not covered by this Privacy Policy.

  1. Advertising

Brown Sugar Access Points may contain advertising. Such ads may be based on the content of pages you are viewing, but we may also provide ads that are tailored to your interests. To help us deliver ads that are of interest to you, we, our third-party service providers, advertisers, advertising networks and platforms, agencies, or our partners may collect information about your online activities across the Brown Sugar Access Points and other sites and supplement this information with information from third parties.

  1. Mobile Device Advertising and Tracking

We, our third-party service providers, advertisers, advertising networks and platforms, agencies, or our partners may also collect identifiers designed to enable advertising on your mobile device. Depending on your device, you may be able to reset your mobile device’s advertising identifier by accessing the privacy settings on your mobile device. In addition, when using a mobile application, you may receive tailored in-application advertisements. Each operating system, such as iOS for Apple phones, Android for Android devices and Windows for Microsoft devices, provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You may review the support materials and/or the privacy settings for the respective operating systems to opt-out of tailored in-application advertisements. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or contact the applicable platform operator.

  1. Unsubscribing from Marketing Communications

If you prefer not to receive marketing communications from the Brown Sugar Service, follow the “unsubscribe” instructions provided on any marketing email you receive from the Service. If you have signed up to receive text messages from us and no longer wish to receive such messages, you may follow the instructions in the text messages to stop the delivery of such messages, which may include by replying “STOP” to the received text message.

  1. Our Commitment to Security

We have put in place physical, electronic, and managerial procedures to safeguard the information we collect. These safeguards vary based on the sensitivity of the information that we collect and store. Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that Personally Identifiable Information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy.

  1. How You Can Access or Correct Information

Access to Personally Identifiable Information that is collected from Brown Sugar Access Points and that we maintain may be available to you. You may send an email or letter to the email or street address listed above under Contacting Us to request access to or correction of your Personally Identifiable Information. For verification purposes please include your first name, last name, email address and the password you use for the Service.

  1. California Residents – Your California Privacy Rights

If you are a California resident, you may request information about our practices related to disclosing your Personally Identifiable Information to certain third parties. “Please send your request (along with your full name, email address, postal address, and the subject line labeled “California Privacy Rights”) by email to [email protected].  You may be required to authenticate your identity before we can fulfill your request.

  1. Updates & Effective Date

This Privacy Policy is effective as of the Effective Date stated above. If you have not reviewed this Privacy Policy since the Effective Date, please review the updated Privacy Policy carefully before using the Service. We update this Privacy Policy from time to time, so please check back frequently. If you continue to use the Service, visit the Site or other Access Points after we change the Privacy Policy, you accept all changes.” Material changes to this Privacy Policy are effective one calendar month after posting unless otherwise specified, provided that with respect to non-Subscribers they are effective immediately upon posting. Non-material changes are effective immediately upon posting. If you do not agree with any changes to the Privacy Policy, your sole remedy is not to use the Service.” As used herein, “Privacy Policy” means the then-current version of them.

The Privacy Policy posted on this Site was updated on September 15, 2018.