Privacy Policy

Last Updated: May 26, 2022

Kick Ass Pictures Corp. (“Company ” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy.

This policy describes the types of data we might collect from you or that you might provide when you visit the website Kick Ass Pictures.com (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that data.

This policy applies to data we collect:

• On this Website.
• In email, text, and other electronic messages between you and this Website.

It does not apply to data collected by:

• Us offline or through any other means, including on any other website operated by Company or any nonparty; or
• Any nonparty, including through any application or content (including advertising) that might link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your data and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you consent to the practices described in this policy. We may change this policy from time to time (see Changes to Our Privacy Policy). We consider your continued use of this Website after we make changes to be acceptance of those changes, so please check this policy periodically for updates.

1. Children’s Online Privacy

Our Website is not intended for persons under 18-years old. No one under 18-years old may provide any information to or on the Website. We do not knowingly collect personal information from persons under 18-years old. If you are under 18, do not use or provide any personal information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you might use. If we learn we have collected or received personal information from a person under 18, we will delete that information. If you believe we might have any information from or about a person under 18, please contact us at [email protected].

2. Data We May Collect About You

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store, and transfer different types of data about you that we have grouped together as follows:

• Identity Data includes first name, last name, and username or similar identifier.
• Contact Data includes billing address, email address, and telephone numbers.
• Financial Data includes payment card details. We store only limited, if any, Financial Data. Otherwise, our payment processor stores all Financial Data, and we encourage you to review their privacy policy and contact them directly for responses to your questions.
• Transaction Data includes details about payments from you and other details of products and services you have purchased from us.
• Technical Data includes internet protocol (IP) address, ISP name, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our Website.
• Content Data includes data, text (such as comments and hashtags), metadata, emojis, GIFs, memes, and any other material you upload on or through our Website and information about the content you upload. Please remember that Content Data that you post might reveal personal data about yourself.
• Profile Data includes your username and password, including password hints and other information for authentication and account access, purchases made by you, your interests, preferences, feedback, and survey responses.
• Usage Data includes information about how you use our Website, products, and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.

We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data that will be used under this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data) unless you voluntarily provide it. Nor do we collect any information about criminal convictions and offenses.

If You Fail to Provide Personal Data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you do not provide that data when requested, we might not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

3. How We Collect Data About You

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us information about you by filling in forms or by corresponding with us by email. This includes information you provide when you sign up; purchase a membership; create a profile; use the forum (if available); request marketing to be sent to you; enter a competition, promotion, or survey; or give us feedback or contact us. We may also ask you for information when you report a problem with our Website.
• Automated technologies or interactions. As you interact with our Website, we may automatically collect Technical Data about your equipment, browsing actions, and patterns as specified above. We collect this information by using cookies, server logs, log files, pixel tags, and other similar technologies (see Cookies and Automatic Data Collection Technologies). We may also use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Please note that we do not recognize or respond to any do not track signals (DNT). For more information about DNT, visit www.allaboutdnt.com.
• Third parties or publicly available sources. We will receive personal data about you if you visit other websites employing our cookies or from nonparties including, for example, business partners (including affiliates in any affiliate marketing program); subcontractors in technical, payment, and delivery; advertising networks; analytics providers; and search information providers. We do not collect or store your payment card details. That information is provided directly to our third-party payment processors whose use of your personal data is governed by their privacy policy. These third-party payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council.
• User contributions. You also may provide Content Data for us to publish or display (“post”) on public Website areas or transmit to other website users or nonparties. You submit Content Data for posting and transmission to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of any Website users with whom you choose to share your Content Data. Therefore, we cannot and do not guarantee that unauthorized persons will not view your Content Data.

Cookies and Automatic Data Collection Technologies

Our Website uses cookies (small files placed on your device) or other automatic data collection technologies to distinguish you from other Website users. This helps us deliver a better and more personalized service when you browse our Website. It also allows us to improve our Website by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.

You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, certain parts of our Website might become inaccessible and certain features might not work correctly. Unless you adjust your browser settings to refuse cookies, our system will issue them.

Our Website pages and emails might contain web beacons (small transparent embedded images or objects, also known as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count website page visitors or email readers, or to compile other similar statistics including recording Website content popularity or verifying system and server integrity.

Third Party Use of Cookies and Other Tracking Technologies

Some content or applications on our Website are served by nonparties, including advertisers, ad networks and servers, content providers, and application providers. These nonparties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. They may associate the information collected with your personal data or they may collect information, including personal data, about your online activities over time and across different websites or other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control how these nonparty tracking technologies operate or how they may use the collected data. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

4. How We Use Your Personal Data

We use information that we collect about you or that you provide to us, including any personal data to:

• Identify you as a visitor or member on our Website.
• Present our Website and its contents to you.
• Fulfill any other purpose for which you provide it.
• Provide you with notices about your membership, including expiration and renewal notices.
• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• Notify you about changes to our Website or any products or services we offer or provide through it.
• Allow you to participate in interactive features on our Website.
• Respond to your inquiries related to support or other requests.
• Deliver newsletters and other information.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity.
• Improve our Website, products or services, marketing, or customer relationships and experiences.
• Protect our Website, employees, or operations.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

We may also use personal data to contact you about our own and nonparties’ goods and services that might be of interest to you. If you do not want us to use your data in this way, please email us at [email protected]. For more information, see Your Personal Data Use Choices.

We may use nonpersonal data for any business purpose.

5. Disclosure of Your Personal Data

We may disclose Aggregated Data about our users, and information that does not identify any individual, without restriction.

We may share personal data that we collect or you provide as described in this privacy policy with:

• Any member of our corporate group, which means our subsidiaries, our ultimate holding company and its subsidiaries, and our affiliates.
• Business partners, suppliers, service providers, sub-contractors, and other third parties we use to support our business. Examples include analytics and search engine providers that assist us with Website improvement and optimization, payment processing providers that assist us in processing payments from you, email delivery providers, hosting service providers, customer service providers, and marketing efforts. We may allow selected nonparties to use tracking technology on our Website, which will enable them to collect data about how you interact with our Website over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. For example, we use Google Analytics to help us understand how our customers use our Website (you can read more about how Google uses your personal data here: https://policies.google.com/privacy). You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. We contractually require these nonparties to keep that personal data confidential and use it only for the contracted purposes.
• To fulfill the purpose for which you provide it.
• For any other purposes that we disclose when you provide the data.
• With your consent.

We may also disclose your personal data to nonparties:

• If we sell or purchase any business or assets, we may disclose your personal data to the prospective seller or buyer of that business or assets.
• To a buyer or other successor in the event of 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, where one of the transferred assets is the personal data we hold.
• To comply with any court order, law, or legal process, including responding to any government or regulatory request.
• To enforce or apply our Terms of Service and other agreements, including for billing and collection purposes.
• To protect the rights, property, or safety of our business, our employees, our customers, or others. This includes exchanging information with other companies and organizations for cybersecurity, fraud protection, and credit risk reduction purposes.

The categories of personal data we may disclose include:

• Identity Data;
• Contact Data;
• Financial Data;
• Transactional Data;
• Technical Data;
• Content Data; and
• Profile Data.

6. Consent to Personal Data Transfer

We are based in the United States of America. We may process, store, and transfer the personal data we collect, in and to a country outside your own, with different privacy laws that might or might not be as comprehensive as your own. If you are located outside the United States, your personal data may at times be accessible by persons who are located worldwide including in countries that the European Commission or other geopolitical regions have not determined to provide the same adequate level of data protection in your country, province, territory, or geopolitical region.

By submitting your personal data or engaging with our Website, you hereby consent to this transfer, storing, or processing, including the transfer of your data across international boundaries to jurisdictions anywhere in the world as permitted by law.

If you are a Canadian resident or otherwise located in Canada, please note that personal data transfers outside of Canada might result in your data becoming accessible to foreign jurisdiction’s law enforcement or other authorities.

If you are located in the European Economic Area (EEA), Switzerland, or the United Kingdom (UK), please note that your information will be transferred outside of those areas, including to the United States. Nevertheless, whenever we transfer your personal data out of the EEA, Switzerland, or UK, we will use reasonable efforts to ensure a similar degree of protection is afforded to it by ensuring that the recipient third party agrees to contractual clauses or other appropriate safeguards.

7. Your Personal Data Use Choices

We strive to provide you with choices regarding the personal data you provide to us. We have created mechanisms to provide you with the following control over your data:

• Promotional Offers from the Company. If you do not wish to have your Contact Data used by the Company to promote our own or nonparties’ products or services, you can opt-out by checking the relevant box located on the form on which we collect your data (e.g., the registration form) or by sending us an email stating your request to [email protected]. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to the Company as a result of a purchase, service experience, or other transactions.
• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our Website might become inaccessible or not function properly. For more information about the cookies we use, please see Cookies and Automatic Data Collection Technologies.

We do not control nonparties’ collection or use of your information to serve interest-based advertising. But these nonparties may provide you with ways to choose not to have your information collected or used in this way.

Residents of certain jurisdictions, including California, Nevada, Colorado, Connecticut, Virigina, Utah, European Economic Area, and United Kingdom might have additional personal data rights and choices. Please see Your State Privacy Rights and Your EEA/UK Privacy Rights for more information.

8. Accessing and Correcting Your Personal Data

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes. You have the right to request access to and to correct the personal data that we hold about you.

If you want to review, verify, correct, or withdraw consent to the use of (if allowed by the law of your jurisdiction) your personal data, you may send us an email at [email protected] to request access to, correct, or delete any personal data that you have provided to us. In some circumstances, we cannot delete your personal data except by also deleting your user account. We will not accommodate a request to change or delete information if we believe the change or deletion would violate any law or legal requirement or cause the information to be incorrect. We may charge you a fee to access your personal data, however, we will notify you of any fee in advance.

We may request specific information from you to help us confirm your identity and your right to access and to provide you with the personal data that we hold about you or make your requested changes. Applicable law might allow or require us to refuse to provide you with access to some or all the personal data that we hold about you, or we may have destroyed, erased, or made your personal data anonymous under our record retention obligations and practices. If we cannot provide you with access to your personal data, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

If you delete your Content Data from the Website, copies of your Content Data may remain viewable in cached and archived pages or because other Website users might have copied or stored them. Our Terms-of-Service Agreement governs proper access and use of information provided on our Website, including Content Data.

Residents of certain jurisdictions, including California, Nevada, Colorado, Connecticut, Virigina, Utah, European Economic Area, and United Kingdom might have additional personal data rights and choices. Please see Your State Privacy Rights and Your EEA/UK Privacy Rights for more information.

9. Your State Privacy Rights

If you are a California, Nevada, Colorado, Connecticut, Viriginia, or Utah resident, your state’s laws may provide you with additional rights about our use of your personal information. To learn more about your California privacy rights, visit California Privacy Policy. California’s “Shine the Light” law (Civil Code § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to nonparties for their direct marketing purposes. To make that request, please send an email to [email protected].

Colorado, Connecticut, Virigina, and Utah each provide their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Data portability.
• Opt-out of personal data processing for targeted advertising and sales.

Colorado and Virigina also provide their state residents with rights to:

• Correct inaccuracies in their personal information, taking into account the information’s nature and processing purpose.
• Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights, please send an email to [email protected]. To appeal a decision regarding a consumer rights request, please contact us at [email protected].

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out right may submit a request to this designated address: [email protected]. However, please know we do not currently sell data triggering that statute’s opt-out requirements.

10. Your EEA/UK Privacy Rights

If you live in the EEA or the UK, the following terms apply to you.

Legal Basis for Processing

We may process your personal data because you have given us permission to do so (e.g., by sending data through our Website’s contact or signup forms), because the processing is in our legitimate interests and it is not overridden by your rights, or because we need to process your personal data to perform a contract with you or comply with the law.

Your Legal Rights

Under certain circumstances, you have rights under data protection laws concerning your personal data. Your rights may include the following:

• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we might not always be able to comply with your request of erasure for specific legal reasons that will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information that override your rights and freedoms.
• Request restriction of processing your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful, but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information that you initially provided consent for us to use or where we used the information to perform a contract with you.

• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we might not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us at [email protected].

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to honor your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will let you know and keep you updated.

11. Data Retention

Except as otherwise permitted or required by law or regulation, we will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including to satisfy any legal, accounting, or reporting requirements. Under some circumstances, we may anonymize your personal data so that it can no longer be associated with you. We reserve the right to use that anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

12. Withdrawing Your Consent

Where you have given your consent to the collection, use, and transfer of your personal data, you might have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, you may contact us at [email protected]. Please note that if you withdraw your consent, we might not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.

13. Data Security

We have implemented measures designed to secure your personal data from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information through the internet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted to our Website. Any transmission of personal data is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Website.

14. Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal data, we will notify you by email to the email address specified in your account or through a notice on our Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

15. Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at [email protected].