PROMINUTE

PROMINUTE PRODUCTIONS, INC. TERMS OF SERVICE

 

1.         Your Acceptance

 

By using or visiting the ProMinute website, software applications or any ProMinute products, software, data feeds, and services provided to you on, from, or through the ProMinute website or software applications (collectively the "Service") you signify your agreement to: (1) these terms and conditions (the "Terms of Service"), and (2) ProMinute’s Privacy Policy, found at https://www.ProMinute.com/t/privacy (the “Privacy Policy”), and incorporated herein by reference. If you do not agree to any of these terms or the Privacy Policy, please do not use the Service.

 

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. ProMinute may, in its sole and exclusive discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

 

2.         Service

 

These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of ProMinute, including but not limited to all products, software and services offered via the ProMinute website, and other applications.

 

The Service may contain links to third party websites that are not owned or controlled by ProMinute. ProMinute has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, ProMinute will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve ProMinute from any and all liability arising from your use of any third-party website.

 

Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

 

3.         ProMinute Accounts

 

In order to access some features of the Service, you will have to create a ProMinute account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ProMinute immediately of any breach of security or unauthorized use of your account.

 

Although ProMinute will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ProMinute or others due to such unauthorized use.

 

4.         General Use of the Service—Permissions and Restrictions

 

ProMinute hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

 

  • You agree not to distribute in any medium any part of the Service or the Content without ProMinute's prior written authorization, unless ProMinute makes available the means for such distribution through functionality offered by the Service.

  • You agree not to alter or modify any part of the Service.

  • You agree not to access Content through any technology or means other than the video playback pages of the Service itself or other explicitly authorized means ProMinute may designate.

  • You agree not to use the Service for any of the following commercial uses unless you obtain ProMinute's prior written approval:

    • the sale of access to the Service;

    • the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from ProMinute appears on the same page and is of sufficient value to be the basis for such sales.

      • Prohibited commercial uses do not include any use that ProMinute expressly authorizes in writing.

  • You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the ProMinute servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ProMinute grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. ProMinute reserves the right to revoke these exceptions either generally or in specific cases.

  • You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.

  • In your use of the Service, you will comply with all applicable laws.

 

ProMinute reserves the right to discontinue any aspect of the Service at any time.

 

5.         Your Use of Content

 

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

 

The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to ProMinute, subject to copyright and other intellectual property rights under the law.

 

The Services and all Content is provided to you AS-IS, WHERE IS, AND WITH ALL FAULTS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by ProMinute on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of ProMinute or the respective licensors of the Content. ProMinute and its licensors reserve all rights not expressly granted in and to the Service and the Content.

 

You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

 

You understand that when using the Service, you will be exposed to Content from a variety of sources, and that ProMinute is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ProMinute with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless ProMinute, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

 

6.         Your Content and Conduct

 

As a ProMinute account holder, ProMinute may give you the ability to submit Content to the Service, including videos and user comments. You understand that ProMinute does not guarantee any confidentiality with respect to any Content you submit.

 

You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to ProMinute all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.

 

By submitting any Content to ProMinute, you hereby grant ProMinute a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and ProMinute's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that ProMinute may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

 

You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant ProMinute all of the license rights granted herein.

 

ProMinute does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and ProMinute expressly disclaims any and all liability in connection with Content. ProMinute does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and ProMinute will remove all Content if properly notified that such Content infringes on another's intellectual property rights. ProMinute reserves the right to remove Content without prior notice.

 

7.         Account Termination Policy

 

ProMinute will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.

 

ProMinute reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. ProMinute may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.

 

8.         Digital Millennium Copyright Act

 

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • You may direct copyright infringement notifications to: questions@ProMinute.com.

  • You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

 

Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;

  • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;

  • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Seattle, Washington, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

  • If a counter-notice is received by the Copyright Agent, ProMinute may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at ProMinute's sole discretion.

 

9.         Warranty Disclaimer

 

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE AND EXCLUSIVE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROMINUTE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. PROMINUTE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. PROMINUTE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PROMINUTE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

10.        Limitation of Liability

 

IN NO EVENT SHALL PROMINUTE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

YOU SPECIFICALLY ACKNOWLEDGE THAT PROMINUTE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

The Service is controlled and offered by ProMinute from its facilities in the United States of America. ProMinute makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

11.        Indemnity

 

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless ProMinute, its officers, directors, employees and agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, expenses and fees (including, without limitation, attorneys’ fees) arising from or related to: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

 

12.        Ability to Accept Terms of Service

 

You affirm, acknowledge, represent and warrant by your use of the Services that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

 

13.        Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ProMinute without restriction, in its sole and exclusive discretion.

 

14.        General

 

You agree that: (i) the Service shall be deemed solely based in Washington; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over ProMinute, either specific or general, in jurisdictions other than Washington. These Terms of Service shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. Any claim or dispute between you and ProMinute that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in King County, Washington.

 

These Terms of Service, together with the Privacy Policy and any other legal notices published by ProMinute on the Service, shall constitute the full, final and comprehensive agreement between you and ProMinute concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

 

No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and ProMinute's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

 

ProMinute reserves the right to amend these Terms of Service at any time, from time to time, and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to, and acceptance of, its revised terms.

 

Terms of Service Last Updated: March 6, 2020

 

PROMINUTE PRODUCTIONS, INC. PRIVACY POLICY

This Privacy Policy is intended to inform you of the ProMinute Productions, Inc., a Washington corporation ("ProMinute", “we”, “us” or “our”) policies and practices regarding the collection, use and disclosure of any Personal Information you submit to us through www.ProMinute.com (the "Website") or any of our other websites or software applications (collectively, the “Service”), whether you are interested in ProMinute’s products or services or are merely visiting our Website or software applications. This Privacy Policy explains our online and offline information practices, the kinds of information we may collect, how we intend to use and share that information, and how you can opt-out of a use or correct or change such information.

 

"Personal Information" is information about you that is personally identifiable to you, like your name, image, address, email address, or phone number, as well as other non-public information that is associated with the foregoing.

 

By submitting Personal Information through the Service, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Information according to this Privacy Policy. Your Personal Information may be processed by ProMinute in the country where it was collected as well as transferred to and processed in other countries (including the United States) where laws regarding processing of Personal Information may be less stringent than the laws in your country. If you are visiting the Service from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your Personal Information, you consent to any transfer and processing in accordance with this Policy.

 

1. The Data We Collect and How We Use It

 

Information You Choose to Give:

 

  • When you sign up for an account with ProMinute or sign up for content or offers, we may ask you to provide Personal Information such as your email address.

  • When you sign up for content or offers from us, we may also ask that you provide information such as your name, email address and details about how you discovered the Service.

 

When you contact us to submit comments, questions or feedback using the Service, we will collect your name, email address and your comment, question or feedback.

 

  • When you contact us by sending us an email, we will collect your email address and any information contained in the email you send us and any information attached to the email.

  • If you provide feedback on any of our products and services to us, we may use such feedback for any purpose, provided we will not associate such feedback with your Personal Information. ProMinute will collect any information contained in such communication and will treat the Personal Information in such communication in accordance with this Privacy Policy.

 

As otherwise detailed in this Privacy Policy, we will solely process this information to provide you with the service you’ve signed up for.


You may unsubscribe from receiving content or offers from us at any time by emailing: questions@prominute.com.

 

Should you decide to request that we permanently remove you from our mailing list, we may retain your Personal Information in order to meet any regulatory and reporting requirements and to address any customer service issues. Any other Personal Information would be deleted permanently within 30 days.

 

2. Information Collected Automatically

 

When visiting our Website, interacting with our content, using your ProMinute account or the software applications or otherwise using the Service, we collect the following automatically:
 

  • Usage Data: When you use the Service, we capture the name of your internet service provider, the website from which you visited us from, the pages of the Website or software applciations you visit, the date and duration of your visit, and information from the device (device type, operating system, screen resolution, language, country you are located in, and web browser type) used during your visit (“Usage Data”). We only capture and store a truncated version of your IP address. Your full IP address never reaches our servers and we never have access to it.


We use this data to facilitate and improve upon your access to the Service (e.g. to adjust the services to the device you are using), and to recognize and stop any misuse. We also process Usage Data in an anonymized form for statistical purposes and to improve the Service. In addition, we use behavioral data that is automatically collected to improve and personalize our services.

 

  • Cookies: We use cookies to process information including standard internet log information and details of visitor’s behavioral patterns upon using the Service. ProMinute stores this information in a pseudonymized user profile. Cookies are stored on your individual device and you have full control over their use.


We use cookies to provide you with a better experience, and to facilitate the use of certain functions. ProMinute does not process this information to identify individual users or to match it with further data on an individual user.


You may deactivate or restrict the transmission of cookies by changing the settings of your web browser. Cookies that are already stored may be deleted at any time. Should you access the Service with cookies deactivated, you may possibly not be able to use all of the functions on the Service to the full extent.

 

Contact via e-mails: You can use the Service to contact us via the contact form. In that form, we ask for your contact information (e.g. name, email address etc.). If you choose to receive e-mails from us, we may use certain analytics tools to capture data such as when you open our email or if you click on any links or banners in our e-mail.


We may also occasionally send you notification emails about updates to our products, services, legal documents, or offer customer support or marketing emails. Except for cases where we are required to do so by law (e.g. notifying you of a data breach), you shall have the opportunity to unsubscribe from receiving these messages free of charge.


We use this data solely to answer questions we receive or to help us improve on the effectiveness of our communications and marketing campaigns.

 

3. We share some Personal Information with select third-parties and Affiliates:


Except as otherwise stated in this Privacy Policy, we do not trade, rent, or share your Personal Information with third parties. However, we may share your Personal Information with select third parties to provide you with the products and services that we offer you through the Service.

 

We use a few trusted external service providers for data analysis, processing and/or storage offerings. These service providers are carefully selected and meet high data protection and security standards.


We only share information with them:

 

  • if you have provided prior consent;

  • if it is required to achieve the purpose for which we have contracted for services offered by ProMinute;

  • if we are obliged to do so by law or an instruction by a public authority or court; or

  • upon the sale of our business.

 

These third parties are required not to use your Personal Information other than to provide the products and services requested by ProMinute and may be bound by confidentiality agreements with regard to their use of such information. You expressly consent to the sharing of your Personal Information with our contractors and third party service providers for the sole purpose of providing products and services to you.

 

If our company or our assets are acquired by another company, that company will possess the Personal Information collected by us and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

 

Regardless of any choices you make regarding your Personal Information (as described below), we may disclose your Personal Information if we believe in good faith that such disclosure is necessary to: (a) comply with relevant laws or to respond to subpoenas or warrants served on ProMinute; or (b) to protect and defend the rights or property of ProMinute or users of our Services.

 

4. Your California Privacy Rights

 

If you are a California resident, you may request and obtain from us, once a year, free of charge, certain information about the Personal Information (if any) we disclosed to third parties for their marketing purposes in the preceding calendar year. This information would include a list of the categories of Personal Information that we shared and the names and mailing addresses of all third parties with which we shared Personal Information in the preceding calendar year. If you would like to make such a request, please submit your request to Customer Support.

 

5. Your Choices Regarding Your Personal Information

 

In line with applicable law, you have the right to be informed of your Personal Information processed by ProMinute, a right to rectification and/or correction, and a right of erasure and/or restriction of processing. You also have the right to receive from ProMinute a structured, common and machine-readable format of the Personal Information you provided to us.

 

Although ProMinute makes good faith efforts to provide individuals with access to their Personal Information, there may be circumstances in which ProMinute is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others' privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual's privacy in the case in question or where it is commercially proprietary. If ProMinute determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, ProMinute will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.

 

You can review and change your Personal Information by logging into the Service and visiting your account profile page.

 

You may also send us an email at questions@ProMinute.com to request access to, correct or delete any Personal Information that you have provided to us.

 

When you receive promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the communication you receive or by contacting us directly (please see contact information below).


You may at any time change and/or withdraw your consent regarding any use or processing of your Personal Information, without affecting the lawfulness of the processing that was carried out prior to withdrawing it.

 

To this end, you may simply log onto your account, access your profile and make the desired changes or, should this option not be available, please contact our support team at questions@ProMinute.com.


Whenever you withdraw your consent, you acknowledge and agree that this may have a negative influence on the quality of the Website and/or the services we provide. You further acknowledge and agree that ProMinute shall not be held liable with respect to any loss and/or damage to your Personal Information if you choose to withdraw consent.

 

6. Children Under the Age of 13

 

The Children's Online Privacy Protection Act of 1998 and its rules (collectively, “COPPA”) require us to inform parents and legal guardians (as used in this section, “parents”) about our practices for collecting, using, and disclosing personal information from children under the age of 13 (“children”). It also requires us to obtain verifiable consent from a child's parent for certain collection, use, and disclosure of the child's personal information.

This section only applies to children under the age of 13 and supplements the other provisions of this Privacy Policy. Only the other provisions of this Privacy Policy apply to teens and adults.

Information We Collect from Children

Children can access many parts of the Service and its content and use many of its features without providing us with personal information. However, some content and features are available only to registered users. In addition, we use certain technologies, such as cookies, to automatically collect information from our users (including children) when they visit or use the Service.

We only collect as much information about a child as is reasonably necessary for the child to participate in an activity and to interact with mentors and coaches, and we do not condition his or her participation on the disclosure of more personal information than is reasonably necessary. 

Information We Collect Directly. A child must provide us with the following information to register with the Service: the child's first name and last name, email address, short bio and a parent's email address. We also require the child to create a member name and password. We may request additional information from your child, but this information is optional. We specify whether information is required or optional when we request it.

We enable registered users to communicate with others on or through this Service through text and video chat (“Social Features”). The nature of these features allows children to disclose personal information about themselves, including video recordings. We do not monitor or review this content before it is posted, and we do not control the actions of third parties with whom your child shares his or her information. We encourage parents to educate their children about safe internet use and to monitor their children's use of social features.

Automatic Information Collection. We use technology to automatically collect information from our users, including children, when they access and navigate through the Service and use certain of its features. The information we collect through these technologies may include: (i) persistent identifiers that can be used to recognize a user over time and across different websites and online services and (ii) information that identifies a device's location (geolocation information).

We may combine non-personal information we collect through these technologies with personal information about you or your child that we collect online.

How We Use Your Child's Information

We use the personal information we collect from your child to:

  • register him or her with the Service;

  • communicate with him or her about activities or features of the Service that may be of interest; and

  • allow mentors, coaches and other users of the Service to communicate with him or her.

We use the information we collect automatically through technology (see Automatic Information Collection) and other non-personal information we collect to improve our Service and to deliver a better and more personalized experience.

Our Practices for Disclosing Children’s Information

We do not share, sell, rent, or transfer children’s personal information other than as described in this section.

We may disclose aggregated information about many of our users, and information that does not identify any individual or device. In addition, we may disclose children's personal information:

  • To third parties we use to support the internal operations of our Service and who are bound by contractual or other obligations to use the information only for such purpose and to keep the information confidential.

  • If we are required to do so by law or legal process, such as to comply with any court order or subpoena or to respond to any government or regulatory request.

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of ProMinute, our customers or others, including to:

  • protect the safety of a child;

  • protect the safety and security of the Service; or

  • enable us to take precautions against liability.

  • To law enforcement agencies or for an investigation related to public safety.

In addition, if we are involved in a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding or event, we may transfer the personal information we have collected or maintain to the buyer or other successor.

Social Features. The Service offers social features, including text and video chat, that enable children to communicate with others through the Service. We do not control the types of information your child can send or post through them. We encourage parents to educate their children about safety online and to carefully monitor their children's use of social features to ensure they do not disclose their personal information through them.

Accessing and Correcting Your Child's Personal Information

At any time, you may review the child’s personal information maintained by us, require us to correct or delete the personal information, and/or refuse to permit us from further collecting or using the child’s information.

You can review, change, or delete your child’s personal information by:

  • Logging into your child's account and visiting his or her account profile page.

  • Sending us an email at questions@ProMinute.com. To protect your privacy and security, we may require you to take certain steps or provide additional information to verify your identity before we provide any information or make corrections.

Operators That Collect or Maintain Information from Children

The following are all operators that may collect or maintain personal information from children through the ProMinute Service:

ProMinute Productions, Inc.

12445 154th Place

Woodinville, Washington 98072

questions@ProMinute.com 

 

7. Other Sites

 

Our provision of a link to any other site or location is for your convenience and does not signify our endorsement of such other site or location or its contents. Please be aware that the terms of our Privacy Policy do not apply to these outside sites. The Service may contain links to other websites and other websites may reference or link to ProMinute’s Website or other services. These other domains and websites are not controlled by ProMinute, and ProMinute does not endorse or make any representations about any third-party websites or social media platforms.  We have no control over, do not review, and cannot be responsible for these outside sites or their content. We encourage the users of our Service to read the privacy policies of each and every website and application that they interact with. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is solely at your own risk.

 

The Service may also contain links and interactive features with various social medial platforms. If you already use these platforms, their cookies may be set on your device when using our Service or our other services. You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social medial platform or otherwise online, or that you share in an open forum, may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.


8. Security and Retention of Personal Information

 

ProMinute is committed to protecting the security of your Personal Information. Even though ProMinute makes efforts to ensure that your Personal Information is not intercepted, accessed, used, or disclosed by unauthorized persons, you should know that ProMinute cannot fully eliminate security risks associated with Personal Information. We do not accept liability for unintentional disclosure.

 

By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Service or sending an e-mail to you. You may have a legal right to receive this notice in writing.

 

We will store your Usage Data or Personal Information until such time when you withdraw your consent for us to do so. All other data and Personal Information as specified above will be retained for as long as is necessary for the purpose(s) for which we originally collected it. We may also retain information and/or data as required by law.

 

9. Contact Us

 

Should you have any questions or concerns regarding this Privacy Policy, or would like to issue a complaint, please contact us through Customer Support or:

 

ProMinute Productions, Inc.

12445 154th Place

Woodinville, Washington 98072

 

If you wish to inquire with our Customer Support team immediately, please contact our support team at questions@ProMinute.com.

 

By choosing to access or use the Service or any other services provided by ProMinute, or otherwise provide Personal Information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the laws of the State of Washington and the exclusive venue and jurisdiction for the adjudication of any disputes arising in connection with ProMinute, any services or the Website will be in the state and federal courts residing in King County, Washington.

 

10. Privacy Policy Updates

 

This Privacy Policy is a living document. As part of the ProMinute Terms and Conditions, this Privacy Policy is subject to occasional amendment, in accordance with the terms of the Terms and Conditions with respect to the Service. In addition, and at ProMinute’s sole and exclusive discretion:

 

•  Revision to the Privacy Policy. We may revise this Policy at any time, and in our sole and exclusive discretion, so review it periodically. If you continue to access and use the Service and use the services made available to you after such changes have been made, you hereby provide your consent to the changes.

 

•  Posting of Revised Privacy Policy. If there are any material changes to this Privacy Policy, ProMinute will notify you by email or as otherwise required by applicable law. We will post any adjustments to the Policy on the Service, and the revised version will be effective immediately when it is posted (or upon notice as applicable). If you are concerned about how your information is used, read this Privacy Policy periodically.

 

•  New Uses of Personal  Information.  Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt-out. Where consent of the individual for the acquisition, holding or use of Personal Information is otherwise required by law or contract, ProMinute will endeavor to comply with the law or contract.

 

This Policy was last updated on March 6, 2020.

 

© 2020 ProMinute  |  Seattle, WA  |  425.445.1194  |  info@prominute.com