Privacy Statement

Last Updated: July 29, 2015.

CineLux Theatres values its relationships with its guests. As part of its commitment to providing best-in-class service to our guests, CineLux Theatres has created this policy to describe its policies regarding its collection of information from consumers, its use of such information, and its privacy practices with respect to same. In order to make informed decisions regarding your personal information, CineLux Theatres strongly urges you to review this policy completely and carefully.

This privacy policy applies to information collected by CineLux Theatres, its subsidiaries, licensees, and affiliated companies (collectively, “CineLux”) through your (i) use of CineLux’s website and/or mobile application(s), (ii) participation in the My CineLux Rewards loyalty program, or any sweepstakes, promotion, or survey offered by CineLux, and (iii) disclosure of personal information to CineLux through any other means. While your acceptance of this policy is voluntary, your continued use and/or participation in any of the foregoing constitute your acceptance of this policy and any other applicable terms.

How CineLux Collects and Uses Data. For each visitor to our website, our web server automatically recognizes only the consumer’s domain name, not email address. When you visit the CineLux Theatres website, CineLux automatically collects data on your website usage and online behavior, e.g., previous websites you visited, your computer’s web browser, operating system, and IP address, how you navigate and interact with the CineLux site.

We may ask you to provide personally identifiable information when you create an online account, sign up for the My CineLux Rewards loyalty program, download and register our mobile Application, purchase products or services, participate in a sweepstakes, promotion or survey, contact CineLux with a question or concern, or participate in other activities when you visit a CineLux website or use an Application. When you register for the My CineLux Rewards program, Weekly Showtimes Newsletter and contests, you will be asked to provide your name, street address, email address, phone number, birthday and other marketing preferences. Through your participation in the My CineLux Rewards program, CineLux may collect information on your theatre movie transactions as well as concessions and food and beverage purchase at our theaters, including, without limitation, the movies you see, concession items you purchase, and theatres you attend. If you choose to use the Facebook Connect feature or similar features in connection with your account or Application, you are asking the social network provider to share your profile information with CineLux. CineLux will collect, store and use all information it receives from the social network provider about you in connection with this privacy policy.

CineLux may also collect additional information from you, depending on how you engage with CineLux. For example, CineLux may collect information from you if you post messages to our bulletin board, communicate with us through email or online comment cards, or participate in surveys or site registrations. While CineLux generally limits the use of such information to its own internal use to address guest concerns and improve the guest experience, CineLux may post guest feedback and comments on its website or on social media.

Sharing of Information. CineLux uses information collected from you in a number of ways, including, without limitation, to improve the content and navigation of CineLux’s website and mobile applications, to assist in the marketing and promotion of films, events, and CineLux products in which you may be interested, to communicate with you for guest services purposes, and to prevent and detect fraud or other misuse of our website, mobile application, My CineLux Rewards program, and promotions. Further, CineLux routinely shares this information with third parties, such as motion picture distributors, industry data sharing services, and promotional and other business partners.

How CineLux Secures Your Information. CineLux uses several encryption methods, such as Secure Sockets Layer for the transmission of data, and other measures to ensure that the personally identifiable information you submit to CineLux through your use of a CineLux website or Application, is secure. CineLux takes reasonable measures to ensure that your personally identifiable information remains secure. CineLux takes reasonable measures and implements appropriate safeguards to protect your personal information. However, by agreeing to this policy, you acknowledge that, although CineLux endeavors to maintain the security of information in its possession, no security system is capable of preventing all security breaches and by continuing to use the CineLux websites and applications, you accept the risk that a security breach may occur.

Third parties. CineLux retains third parties to place and manage advertisements on its website and mobile applications. These third parties may automatically collect information from you, through cookies and other technology, in order to provide you with advertisements for goods and services in which you may be interested. CineLux also uses third parties to assist it in providing services, fulfilling orders, Data and information requests, to improve your experience with the Applications and on CineLux’s websites and for other business purposes. CineLux will share your personally identifiable information with these third parties for these purposes; however, these third parties will not contact you directly.

In addition, the CineLux website may contain links to other websites that are not operated or controlled by CineLux, including to our online ticketing vendor and social networking sites. CineLux does not endorse the content, nor make any assurances about the security, of these websites. CineLux is not responsible for the privacy practices or content of third party websites. This policy applies only to the information collected by CineLux as specified in this policy. It is your responsibility to understand the individual privacy policies of any website you visit.

Cookies. CineLux websites and Applications are designed to use technology (e.g., cookies, web beacons, and pixel tags) to collect and store information concerning your use of the CineLux websites and Applications, in order to recognize you, provide personalization, optimize performance of the CineLux websites and Applications, and collect traffic data (e.g., number of visitors to the CineLux website, frequency of visits or use, length of visit, and the use made, or the feature, function or advertisement selected). You may adjust your browser’s settings to alert you when a site is attempting to send a cookie and allow you to refuse cookies.

Employment Applications. Employment Applications submitted through CineLux 's Web Site are stored by CineLux for a specified period of time and the information contained in the applications is not released to any person that is not an employee of the CineLux Theaters, except as required by law. We will only contact an applicant to discuss employment interest and for no other purpose.

Website use by children under 13 years of age. CineLux does not specifically target its websites and applications to children under 13 years old. If you are under the age of 13, you should only use our website and applications under the supervision of a parent or guardian.

Policy Changes. CineLux reserves the right to change this policy at any time without notice. You are responsible for keeping apprised of the current policy; thus, CineLux encourages you to check the policy periodically. The policy posted at http://www.cineluxtheatres.com/privacy-policy is the current policy. Your continued use and/or participation in any CineLux website, mobile application, loyalty program, promotion, etc., constitute your acceptance of any revised policy. Notwithstanding the foregoing, CineLux will endeavor to provide notice of any material changes to this policy by sending an email explaining such changes to you at your email address on file with CineLux if you are a My CineLux Rewards member and by posting notice to CineLux’s website.

Disclosures. CineLux may be required to share your personally identifiable information with law enforcement or other governmental agencies in response to a court order, subpoena, government investigation, or as otherwise required by law. CineLux also reserves the right to report to law enforcement agencies any activities that CineLux, in good faith, believes to be unlawful. CineLux also may share certain personally identifiable information when it believes that such sharing is reasonably necessary to protect the rights, property, and safety of others and itself.

Additionally, CineLux may disclose your information as part of a planned or potential corporate sale, merger, reorganization, consolidation, or similar events. Your information will be treated as an asset and be transferred to the purchaser as part of a sale or other transaction.

Indemnity. You agree to indemnify and hold CineLux, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site or Applications, including also your use of the Site to provide a link to another Site or to upload content or other information to the Site.

Opting Out. You are never obligated to provide CineLux with any personal information. At any time, if you would like to cease receiving communications from CineLux or limit our ability to share your information with third parties, you may “opt out.” If you do not want to receive communications from CineLux in the future or have personal information shared with third parties, email guestservices@cineluxmovies.com or call (800) 954-7720 and indicate your preference.

Contact Us. If you have any questions about this Policy or want to give us feedback, please contact us using our contact page or writing to us at:

CineLux Theatres
Attention: Guest Services
PO Box 54100
San Jose, CA 95154

CinemaPlus Platform Integration Addendum

Appended to Independent Operator Terms of Service

CinemaPlus Platform Services; Integration of Governing Documents

[CineLux Theatres] ("Operator") uses software, ticketing, commerce, and related platform services provided by CinemaPlus, LLC, a Nevada limited liability company ("CinemaPlus"), to operate, host, or support certain features and functionality made available through this website, mobile application, point-of-sale system, or other consumer-facing interface (collectively, the "CinemaPlus Services"). By accessing or using any CinemaPlus Services through or in connection with Operator's platform, you acknowledge that your relationship is governed by a layered framework of documents as set forth in this CinemaPlus Platform Integration Addendum (this "Addendum"), and you agree to be bound by each document applicable to your use as described below.

1. Governing Document Framework; Scope and Applicability.

The following documents govern your access to and use of the CinemaPlus Services and your transactions with Operator, each within its defined scope:

(a) This CinemaPlus Platform Integration Addendum is appended to and made a part of the Operator's terms of use, terms of service, privacy policy, refund policies, cancellation policies, loyalty and reward program policies, venue rules, or similar term, as the case may be (collectively, the "Operator Terms"), which are (i) presented above or below; (ii) made available on the Operator's website; (iii) made available through the Operator's services or platform; or (iv) otherwise published by the Operator and made available to users prior to or at the time of their use of the CinemaPlus Services.

(b) The Operator Terms govern your relationship with Operator and all Operator-specific aspects of your experience, including Operator's venue rules, event policies, Operator-specific refund and exchange policies, Operator's own loyalty or subscription offerings, and any other products, services, or experiences offered directly by Operator that are independent of the CinemaPlus Services. The Operator Terms apply solely with respect to Operator's own offerings, venue-specific rules, and Operator-specific transaction terms.

(c) CinemaPlus Terms of Service for End Users, available at https://www.cineluxtheatres.com/terms-of-service (as updated from time to time, the "CinemaPlus Terms of Service for End Users"), govern your access to and use of the CinemaPlus Services themselves, including the software platform, ticketing functionality, concession and merchandise commerce flows, digital stored-value and CinemaCash features, subscription management, mobile ticketing, user accounts, and all other features and functionality provided by CinemaPlus. By using the CinemaPlus Services through Operator's platform, you expressly agree to be bound by the CinemaPlus Terms of Service for End Users as if you had accessed those Services directly through CinemaPlus, and you acknowledge that you have been provided reasonable opportunity to review such terms prior to your use. THE CINEMAPLUS TERMS OF SERVICE FOR END USERS ARE INCORPORATED HEREIN BY REFERENCE WITH THE SAME FORCE AND EFFECT AS IF FULLY SET FORTH IN THE OPERATOR TERMS.

(d) CinemaPlus Privacy Policy, available at https://www.cineluxtheatres.com/privacy-policy (as updated from time to time, the "CinemaPlus Privacy Policy"), governs all matters relating to privacy, cookies, tracking technologies, personal data and personal information, and related data-processing activities conducted by or through the CinemaPlus Services. Operator has agreed with CinemaPlus to adopt and incorporate the CinemaPlus Privacy Policy by prominently posting and conspicuously hyperlinking to it on Operator's consumer-facing interfaces in connection with the CinemaPlus Services. To the extent there is any conflict between the Operator Terms or any Operator-specific privacy disclosure and the CinemaPlus Privacy Policy with respect to personal data collected or processed through or in connection with the CinemaPlus Services, the CinemaPlus Privacy Policy controls solely with respect to such CinemaPlus Services and related data-processing activities. For personal data collected by Operator outside the CinemaPlus Services, Operator's own privacy policy governs.

(e) CinemaPlus Terms of Service for Operators govern the business-to-business relationship between CinemaPlus and Operator, including all commercial, operational, and risk-allocation matters and nothing in the CinemaPlus Terms of Service for Operators creates any obligation of CinemaPlus directly enforceable by end users. The CinemaPlus Terms of Service for Operators are not directed at or enforceable by end users, and nothing in this Addendum is intended to confer any third-party beneficiary rights on end users with respect to those business-to-business provisions.

2. Order of Precedence.

In the event of any conflict or inconsistency among the documents described in Section 1 above with respect to your rights and obligations as an end user, the following order of precedence controls (with each earlier-listed document controlling over later-listed documents to the extent of the conflict, and only within each document's defined scope as set forth in Section 1):

  1. The CinemaPlus Privacy Policy, solely with respect to privacy, cookies, tracking technologies, personal data, and related data-processing matters arising in connection with the CinemaPlus Services;
  2. The CinemaPlus Terms of Service for End Users, solely with respect to your access to and use of the CinemaPlus Services; and
  3. The Operator Terms, with respect to Operator-specific offerings, venue rules, and Operator-specific transaction terms.

No conflict exists, and no order of precedence is triggered, merely because these documents address different subject matters within their respective defined scopes. Operator Terms that impose additional obligations or restrictions consistent with, and not in conflict with, the CinemaPlus Terms of Service for End Users shall apply in addition to, and not instead of, those terms.

With respect to any dispute arising primarily from your use of the CinemaPlus Services, the governing law and dispute-resolution provisions of the CinemaPlus Terms of Service for End Users shall apply. With respect to any dispute arising primarily from Operator-specific offerings or venue-specific terms, the governing law and dispute-resolution provisions of the Operator Terms shall apply.

3. Adoption, Presentation, and Acceptance.

To the extent Operator has validly adopted and presented the CinemaPlus Terms of Service for End Users and the CinemaPlus Privacy Policy by (a) incorporating them herein by reference; and (b) presenting conspicuous links to each at the point of purchase, point of account creation, or in the Operator Terms in a manner that provides users reasonable notice and opportunity to review such terms prior to acceptance. Your continued use of the CinemaPlus Services through Operator's platform, including the completion of any ticket purchase, concession order, subscription enrollment, merchandise transaction, or account registration, constitutes your express acceptance of and agreement to be bound by (i) the Operator Terms; (ii) the CinemaPlus Terms of Service for End Users; and (iii) the CinemaPlus Privacy Policy, each as in effect at the time of such use or transaction, provided that you have been given reasonable notice of such terms and a reasonable opportunity to review them prior to such acceptance. If you do not agree to any of these documents, you may not access or use the CinemaPlus Services through Operator's platform. Notwithstanding the foregoing, with respect to the arbitration provision and class action and jury trial waivers contained in the CinemaPlus Terms of Service for End Users, acceptance is effective only upon the end user's affirmative assent through the mechanism provided at the applicable point of purchase or account registration, and not through continued use alone.

CinemaPlus is an intended third-party beneficiary solely of those provisions of this Addendum that expressly apply to CinemaPlus, reference the CinemaPlus Terms of Service for End Users or the CinemaPlus Privacy Policy, allocate responsibility to CinemaPlus, or disclaim or limit liability of CinemaPlus.

4. Roles and Responsibilities; Merchant of Record.

As between Operator and CinemaPlus, and as between each of them and you:

(a) CinemaPlus provides the technology platform, software, payment processing infrastructure, and related services that enable Operator to offer ticketing, commerce, and related functionality. To the extent CinemaPlus or its payment processor acts as merchant of record or payment facilitator for payment processing purposes with respect to any transaction you complete through the CinemaPlus Services (as will be identified during the applicable checkout flow or as otherwise disclosed in the applicable order confirmation or transaction receipt), CinemaPlus shall be responsible for payment processing and financial settlement for that transaction, in accordance with the CinemaPlus Terms of Service for End Users and applicable payment network rules. CinemaPlus' liability for such transactions shall be governed exclusively by the CinemaPlus Terms of Service for End Users and applicable law.

(b) Operator is solely responsible for: (i) the underlying event, venue, showtime, and ticket availability; (ii) concession and merchandise offerings; (iii) applicable refund and exchange policies; and (iv) all Operator-specific terms and conditions applicable to your transaction. Operator remains solely responsible for all Operator-specific products and services regardless of which party acts as the merchant of record for payment-processing purposes or which party's name appears on any receipt, confirmation, or payment instrument, and CinemaPlus expressly disclaims any warranty, representation, or guarantee regarding such products and services. Except to the extent expressly set forth in the CinemaPlus Terms of Service for End Users or required by applicable law, CinemaPlus acts as a technology platform provider and is not responsible for Operator's performance, products, services, or policies.

(c) Allocation of Recourse. To the extent a claim, issue, dispute, or request relates to Operator-specific matters, including venue rules, event administration, showtimes, ticket availability, concession or merchandise offerings, fulfillment, Operator-specific refund and exchange policies, or other products or services offered by Operator, your recourse shall be against Operator and not CinemaPlus, except to the extent expressly provided in the CinemaPlus Terms of Service for End Users or required by applicable law. To the extent a claim, issue, dispute, or request relates to the CinemaPlus Services, including platform functionality, account access, CinemaCash or other stored-value features, mobile ticketing functionality, or payment-processing matters to the extent CinemaPlus or its payment processor acts as merchant of record or payment facilitator, your recourse shall be against CinemaPlus and not Operator, except to the extent expressly provided in these Operator Terms or required by applicable law. If a matter involves both Operator-specific issues and CinemaPlus Services issues, the foregoing allocation will apply to each party based on the nature of the applicable claim, issue, dispute, or request.

5. Updates to CinemaPlus Documents.

CinemaPlus may update the CinemaPlus Terms of Service for End Users and the CinemaPlus Privacy Policy from time to time in accordance with the terms of those documents and applicable law. As Operator has adopted those documents by reference to the then-current versions hosted at the URLs specified in Section 1 above, the then-current versions of those documents at the time of your use or transaction will apply, provided that material changes to such documents will be effective only upon reasonable notice to users as specified in those documents or as required by applicable law. Operator is responsible for ensuring that current versions of those documents remain accessible from Operator's consumer-facing platform in accordance with Operator's agreement with CinemaPlus.

6. Severability; No Waiver.

If any provision of this Addendum is found unenforceable in a particular jurisdiction or as applied to a particular claim, it will be severed as to that jurisdiction or claim, and the remainder of this Addendum will remain in full force and effect. Operator's failure to enforce any provision of this Addendum on any occasion will not constitute a waiver of Operator's or CinemaPlus' right to enforce such provision subsequently.