Privacy Policy

PRIVACY NOTICE

 

Dear Customer or User:

In accordance with the Law provisions on the Protection of Personal Data Held by Private Parties (the “Law”) and the Law Regulations on the Protection of Personal Data Held by Private Parties (the “Regulation”), and in compliance with the obligation held by CineplayMAX (through the legal entity responsible for personal data) consisting of protecting the personal data of its customers, affiliates and/or beneficiaries of any of the products, services or memberships belonging to the concept commercially known as CineplayMAX including, if appropriate, the CineplayMAX concept, we inform you the following:

Content of Personal Data

In accordance with the Law, “Personal Data” is understood as any information concerning an identified or identifiable natural person. For the purposes of this Privacy Notice, including but not limited to, will be understood as "Personal Data":

General Data

Name and surname, date of birth, sex, among other similar data concerning a person.

Magazines and Online Transactions

When you subscribe to receive any of the CineplayMAX products (such as movie rentals, electronic newsletters, among others) on any of our platforms (website, mobile devices such as iPhone®, iPad® or any other mechanism, device or platform, such as video game consoles, etc.), in addition to the general data, Personal Data will be considered as the one related to bank cards, such as cardholder name, card number, card expiration date, card type and security code, if applicable, the address and any other information necessary for the online subscription or transaction.

The Personal Data referred to in this point will only be subject to the Purposes of the Treatment established later in this Privacy Notice, for the duration of the commercial relationship; that is, once the relationship and its effects are concluded, Personal Data will be removed from our databases.

Social Networks

Social networks (such as Facebook®, Twitter®, Instagram®, among others) constitute a communication and interconnection platform between digital platforms of the different users, and are unrelated to CineplayMAX and, therefore, are not under its responsibility.

The information you provide within social networks in which CineplayMAX participates as a user, does not constitute or form part of the Personal Data subject to the protection of this Privacy Notice, being the responsibility of the company that provides that platform and who publishes it.

The Personal Data mentioned in this Privacy Notice document will be collected by filling out the forms and/or by compiling the information or documentation required by CineplayMAX electronically on any of the CineplayMAX websites (www.cineplaymax.com), as well as present or future CineplayMAX websites or even personally, when appropriate.

Note: The ownership of the rights on the websites belong to "CINEPLEX INC".

Cookies

Cookies are text files that are automatically downloaded and stored on a hard drive of the user's computer when browsing a certain website and that allow the internet server to remember some user data. Through this Privacy Notice we inform you that CineplayMAX uses certain cookies only to obtain information on the place of access, so that the next time you enter the site, the chosen city will already be preloaded.

Person Responsible for Collecting Personal Data

The legal entity responsible for collecting your Personal Data (in this act, as well as in past and/or future acts), is the legal entity called CINEPLEX INC.

Treatment of your Personal Data

In accordance with the Law provisions, the treatment of Personal Data (“Treatment of Personal Data”) is considered the obtaining, use, disclosure or storage of Personal Data, by any means. The use includes any action of access, management, use, transfer or disposal of Personal Data.

The Processing of Personal Data by CineplayMAX will be limited to the fulfillment of the Treatment Purposes provided in this Privacy Notice and will be subject to the following:

If it is intended to treat your Personal Data for a purpose other than the purposes of this Privacy Notice, CineplayMAX will require obtaining your consent for such purpose.

It will be the one that is necessary, appropriate and relevant for the purposes described in this Privacy Notice.

Purposes of the processing of Personal Data

Through this Privacy Notice, CINEPLEX INC. declares that the purposes of the processing of your Personal Data will be as follows ("Purposes of Processing"):

Account creation, in order to have access to the CineplayMAX platform (through the means indicated in this CineplayMAX Commercial Notice, as well as the material offered there from time to time, subject to the terms and conditions of the service.

Commercial purposes, in order to make known to you the commercial information of CineplayMAX, among the one related to trivia, promotions, contests, information on new products, birthday congratulations, electronic magazine, changes in our products, request evaluation of the service quality, carry out of internal studies on consumer habits and any other promotional or question related to the products and/or services that are part of the concept commercially known as CineplayMAX.

Online collection of transactions, in order to make the charges to the bank cards that are provided in the subscription process, derived from the rental of the material and/or the acquisition of services from CineplayMAX.

For the validation of information and for the processing of authorizations and bank charges necessary to carry out the online collection of transactions, CineplayMAX may transfer your bank details to financial institutions, banks and/or national or foreign third parties related to the charges, processes and collections online, this with the sole purpose of carrying out the aforementioned online transactions.

Operation of the CineplayMAX platform to carry out the transactions of the material that you want to rent and thereby comply with the obligations derived from the transaction, CineplayMAX will use your personal data and the information you provide us to manage, maintain and direct the platform in which the material subject of the transaction will be found.

In relation to the provisions of the preceding paragraph, CineplayMAX may transfer your personal data to national or foreign third parties, solely and exclusively, in order for them to carry out the transactions of the material they wish to rent, as well as to manage, maintain and direct to the platform on which the material will be found.

Delivery of products and fulfillment of obligations with our clients, in case you are awarded a prize, derived from the promotions, trivia or raffles of CineplayMAX or to fulfill the obligations that in your case we have or we would have with you, we will use your Personal Data to contact you or send you the products.

In relation to the above and in the event that, to contact you, deliver the products or to fulfill the obligations that we have or will have, we will require the services of third-party nationals or foreigners to carry out the above steps, CineplayMAX may to transfer your personal data to those third parties, for the sole purpose of making the aforementioned contact, product delivery and fulfillment of obligations.

Statistical purposes, the information collected or derived from the above purposes may be used internally by CineplayMAX for statistical, research, brand analysis or consumer habits purposes.

Acceptance of the Processing of Personal Data

In order for CineplayMAX to carry out the Treatment of Personal Data, our clients and/or holders of Personal Data must grant us express or tacit acceptance for such treatment, which will be carried out by any of the following means:

 Acceptance through electronic means:

  1. a) Publication on CineplayMAX websites:
CineplayMAX will publish this Privacy Notice on the CineplayMAX websites, so that, once you have learned its content, you can grant or deny consent for CineplayMAX to carry out the Treatment of your Personal Data.

This will also proceed if, for any reason, CineplayMAX does not have your email address or when your Personal Data is erroneous or in disuse and does not allow us to locate you.

  1. b) Email
Based on the information that you provide or have provided us, CineplayMAX will send you this Privacy Notice by email, where appropriate, so that once you have learned of its content, you will grant or deny your consent for the Processing of your Personal Data to be carried out.

Acceptance or rejection of the Privacy Notice by electronic means

Acceptance or rejection of the CineplayMAX Privacy Notice by electronic means will be carried out as follows:

CineplayMAX will make the following information available to you (or, where appropriate, send to the email address registered in your name):

The declaration that there is a CINEPLEX Privacy Notice or the modifications or changes made to the Notice, if applicable.

The content of the Privacy Notice and, where appropriate, the updates or adjustments made to it.

An electronic link through which you can accept or not accept the Notice or Privacy, or the changes it may have.

Once you have read and are aware of the content of the Privacy Notice, or of the changes made to it, you will have the following options:

To accept. Through its acceptance, you grant consent and authorization so that CineplayMAX can use your Personal Data according to the Purposes of the Treatment established in the Privacy Notice.

Not accept. When you do not accept the content of the Privacy Notice or its modifications, you deny or cancel your consent and authorization for CineplayMAX to use your Personal Data.

In this case, CineplayMAX will cancel and stop using your Personal Data for the Purposes of the Treatment established in the Privacy Notice, which may imply the cancellation of the service provided, as your data is necessary for these purposes.

Tacit Acceptance

Based on the provisions of this Privacy Notice, as well as any modification or addition to it, they will be made known to you by any of the established means, and in the event that you do not express opposition to their content and scope within a period of 2 months, counted from the date in which CineplayMAX makes available or is informed about the Privacy Notice or its modifications, it will be understood that you grant your tacit consent for the processing of your Personal Data based on the Purposes of the Treatment, established in this Privacy Notice.

 Limitation of the use or disclosure of your Personal Data

 Actions to prevent unauthorized use or disclosure.

In order to guarantee the protection of your Personal Data and limit the unauthorized use or disclosure thereof, CineplayMAX continuously carries out and will carry out the following actions:

  • Confidentiality of information. CineplayMAX will keep confidentiality regarding your collected Personal Data, which will remain even after the end of your commercial or other relationships with the client or holder of the Personal Data.
  • Confidentiality notice. CineplayMAX may provide your Personal Data to third parties (in the terms provided in the Law, in the Regulation or in this Privacy Notice), for which, it will notify, contract and/or agree with the third parties the obligation to comply with the provisions of the Law, of the Regulation and of keeping the confidentiality of your Personal Data.
  • Database administration. Personal Data is managed and protected through the use of databases ("Database"), which are managed by the persons designated by CineplayMAX and/or by third parties expressly authorized in writing, for this purpose, without allow its use, consultation, handling or access to unauthorized persons.
  • Computer and computer systems. Our databases are protected by firewalls, our platform complies with PCI secure connection to accept and transmit online payments focused on preventing people outside from CineplayMAX or unauthorized from accessing your Personal Data.
Requests to Limit Use or Disclosure

In case you want to limit the use or disclosure of your Personal Data, in relation to one or more of the Purposes of the Processing of Personal Data (such as, for example, advertising emails, birthday greetings, awards ceremony, among others), you can send the respective request in accordance with the procedure established in this document of this Privacy Notice, or by accessing the links that are uploaded on the CineplayMAX websites or in the promotional information that we will send you.

Rights of Access, Rectification, Cancellation or Opposition

In accordance with the provisions of the Law and the Regulations, you have the right to access, rectify, cancel or oppose the Treatment of your Personal Data, for which CineplayMAX offers the following procedure:

Department of Personal Data

CineplayMAX has designated a department in charge of the custody of Personal Data (“Department of Personal Data”), which will process your requests and promote the protection of Personal Data within CineplayMAX.

For this, the Department of Personal Data makes available the following forms of contact and receipt of information and related documentation:

Email: contacto@cineplaymax.com
Attention: Department of Personal Data.

Request for Access, Rectification, Cancellation or Opposition

In your capacity as holder of Personal Data, you may submit or send to the Department of Personal Data a request for access, rectification, cancellation or opposition, regarding your Personal Data.

The request must contain, at least:

  • Full name and address of the owner of the Personal Data, or other means to communicate the response to your request.
  • Documents that prove the identity or legal representation of the owner of the Personal Data.
  • Clear and precise description of the Personal Data with respect to which one seeks to exercise any of the aforementioned rights.
  • Any other element or document that facilitates the location of Personal Data.
  • Indicate the modifications to be made and/or the limitations on the use of Personal Data, in accordance with the provisions of this document of this Privacy Notice.
  • Provide documentation to support your request.
Resolution and Communication

CineplayMAX will notify the holder of the Personal Data of the determination adopted, within a period not exceeding 20 business days from the date the request was received. This term may be extended by CineplayMAX on one occasion for an equal period, if the circumstances of the case justify it.

Based on the above, and in accordance with the provisions of the Law and the Regulations, CineplayMAX will inform the owner of the Personal Data of the meaning and motivation of the resolution, by the same means by which the request was made, and will accompany the resolution with the pertinent evidence, if applicable.

When the request is appropriate, it will be made effective by CineplayMAX within 15 business days following the communication of the resolution adopted.

The owner may file a data protection request with the Superintendency of Industry and Commerce for the response received or lack of response from CineplayMAX. The request must be submitted by the owner within 15 business days from the date on which the response is communicated to the owner by CineplayMAX and will be subject to the provisions of the Law and Regulations.

In case of requests for access to Personal Data, it will be necessary for the applicant or her legal representative to previously prove her identity.

The obligation of access to information will be considered fulfilled when CineplayMAX makes Personal Data available to the owner or by issuing simple copies or electronic documents.

In the event that a person requests access to their Personal Data from CineplayMAX assuming that it is responsible and it turns out that it is not, it will suffice for CineplayMAX to indicate this to the owner by any means, (of those established in this section ), to consider the request as accepted.

The answer to your request for access, rectification, cancellation or opposition of Personal Data will be free. It must only cover the justified shipping costs or the cost of reproduction in copies or other formats, which, in due course, will be disclosed to CineplayMAX.

Refusal to access Personal Data

CineplayMAX may deny total or partial access to Personal Data or to the rectification, cancellation or opposition to the treatment thereof, in the following cases:

  • When the applicant is not the owner, or the legal representative is not accredited for it.
  • When the applicant's Personal Data is not found in the CineplayMAX Database.
  • When the rights of a third party are infringed.
  • When there is a legal impediment or resolution of an authority.
  • When the rectification, cancellation or opposition has been previously carried out, so that the request lacks material.
Consequences of Cancellation

The cancellation of Personal Data will give rise to a blocking period after which CineplayMAX will proceed to delete the corresponding data. Once the corresponding Personal Data has been canceled, CineplayMAX will notify its owner. Once this has been done, CineplayMAX may keep Personal Data exclusively for the purposes of the responsibilities derived from the treatment referred to in the Advertising Notice.

When the Personal Data has been transmitted to third parties prior to rectification or cancellation and are processed by the third parties, CineplayMAX must inform you of the request made by the owner, so that they can proceed with such rectifications or cancellations.

Likewise, when the information collected in the Personal Data is no longer necessary for the fulfillment of the purposes set out in this Privacy Notice and in the applicable legal provisions, your Personal Data will be canceled from the CineplayMAX Databases.

Changes to the Privacy Notice

CineplayMAX reserves the right to make, at any time, modifications or updates to this Privacy Notice, for the attention of legislative developments, internal policies, new requirements for the provision or offering of its products and services, or for commercial practices.

Therefore, if CineplayMAX comes to modify the content of this Privacy Notice, it will inform you through any of the forms and means established in this document of this Notice.

This Privacy Notice was last updated on April 27, 2020.

Transfer of Personal Data

In the event that CineplayMAX arrives to transfer your Personal Data to any of its national or foreign suppliers or third parties in order to carry out the Purposes of the Treatment established in this Privacy Notice, it will do so after entering into confidentiality agreements and/or through the applicable contractual or legal document and, as long as (i) the provider or third party to whom it is transmitted agrees to submit the processing of Personal Data to this privacy notice. The user expressly agrees to abide by the provisions of the local and federal laws applicable in the United States of America.

If you do not express your opposition for your Personal Data to be transferred to third parties, it will be understood that you have given CineplayMAX your consent to do so.

Final Considerations - Informative Nature of this Document

The content of this Privacy Notice is purely informative, so if you wish to express your acceptance or rejection of its content, we invite you to enter the Personal Data collection sections established on the websites of CineplayMAX, where you can issue such acceptance or rejection both to the content of this Privacy Notice and to the possible transfer of your Personal Data, or, where appropriate, send the corresponding request to the CineplayMAX Personal Data Department.
 
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