This notice describes Fenix’s privacy policy (hereinafter referred to as the “Fenix Privacy Statement” or “Privacy Statement”) and applies to the Site, including all online services and functions.

Registration

Fenix requires users who wish to contribute to the Site to register by completing the appropriate Fenix registration form(s). During registration, you will be required to provide contact information often consisting of an email address, username, and password. Fenix requires your true name and identifying information for registration. For sites where Fenix does not require your true name or any identifying information, you agree not to choose a name that misleads or misidentifies you as another person, Fenix, or is confusingly similar to any products, services, trademarks, or is indecent or otherwise offensive. If you choose to use your own name, you consent to it being passed to others by certain functionality and uses of the Site. Fenix does provide a way for you to correct, update, and/or remove any personal information which is done via your user profile page. Fenix reserves the right, in its sole discretion, to remove any user for any reason at any time.

Protection of Minors

Fenix does not permit children under the age of 13 to register for the Site or use any of its functionality for which registration is required.

Collected Information

Fenix collects different types of information from the Site, such as general demographic information, viewership data, and other anonymous information, as well as some personal information (the “Collected Information”). This anonymous information identifies what content is viewed, related transfer rates, length of viewing, which pages are viewed, and other similar data. Collected Information helps Fenix maintain, administer, and monitor the Site in order to analyze trends, improve the overall quality of the Site, enhance Fenix’s services, tailor the Site to viewers’ needs, and respond to your inquiries. Such analysis and information is aggregated across users, does not identify you as an individual, and does not link to any personally identifiable information. Fenix may use personal information to facilitate requests, to contact you if a problem arises, to facilitate the employment application process, or for other uses consistent with this statement.

Cookies and Log Information

When you visit web pages associated with the Site, Fenix sends one or more cookies (which is a small file containing a string of characters) to your computer or other device that uniquely identifies your browser. Fenix uses cookies to improve the quality of Fenix’s services, including for storing user preferences, improving search results and ad selection, and tracking user trends, such as how people search. Fenix servers automatically record information that your browser sends whenever you visit the Site. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request, and one or more cookies that may uniquely identify your browser.

User Communications

When you send email or other communications to Fenix, Fenix may retain those communications and related email addresses in order to process your inquiries, respond to your requests, and improve our Site. In addition, Fenix may use your username and email address to provide you with email newsletters, announcements, Fenix news about products and/or services, and information about your user account. If you do not wish to receive these kinds of communications, you may “opt out” by: (a) unchecking the email newsletters and announcements during registration, (b) by doing the same within your user profile, or (c) contacting unsubscribe@fenixlive.com with your complete contact information and desire to unsubscribe.

Additional Information

Fenix may partner with other third parties (e.g., Livestream LLC (“Livestream”)) to provide specific services. When you sign up for such services, Fenix may share names or other contact information as necessary for such third parties to provide such services. Fenix does not authorize third parties to use personally identifiable information except for the purposes related to those services.

Legal Compliance

Fenix may disclose Collected Information if required to do so by law or under a good faith belief that such action is necessary to conform to the law or comply with legal process, to protect and defend Fenix’s rights and/or property, and Fenix’s customers, whether or not required to do so by law. Fenix reserves the right to contact appropriate authorities and disclose Collected Information to them at its discretion when it appears that individuals using Fenix’s products or services are engaged in activities that are illegal or violate the Fenix Terms of Service.

Sharing with Third Parties

For clarity, the Livestream Privacy Policy (located here) shall be incorporated herein and shall also apply with respect to the use of the Site. Except as outlined in this statement or on Fenix’s websites, Fenix does not provide your personal information to third parties without your consent. Fenix may share the information you provide with Fenix’s subsidiaries and related companies. From time to time, Fenix may need to share Collected Information with third parties who perform certain services and functions on Fenix’s behalf. These parties only have access to the Collected Information they need to perform their functions and Fenix requires them to use the Collected Information only in connection with the services they provide for Fenix. Should Fenix merge with or be acquired by another Fenix, or if the business unit providing your service were sold to another Fenix, Collected Information may be transferred to and used by the resulting combined Fenix. If Fenix were to cease operations, this customer data might be transferred to and used by another Fenix, which offers similar or related products or services. While we cannot predict a great deal about such an unlikely event, we would hope this would provide you with continuity of service.

Secured Information

Fenix maintains a variety of physical, electronic, and procedural safeguards to guard Collected Information. All Collected Information is stored on physically and electronically secured servers. Access to Collected Information is strictly limited to individuals with a legitimate reason to have access and who have agreements that prohibit the unauthorized use or disclosure of such information. Employees who violate Fenix’s privacy access policies are subject to disciplinary actions, including termination when appropriate. In addition, all of Fenix’s Collected Information is firewall-protected against unauthorized access into our systems and our servers are not directly connected to the Internet. While Fenix cannot guarantee that loss, misuse, or alteration of your data will not occur, Fenix works hard to prevent such occurrences.

Your California Privacy Rights

Residents of California, under California law, have the right to request from companies conducting business in California a list of all third parties to which Fenix has disclosed personal information during the preceding year for direct marketing purposes and a disclosure of the shared information. Alternatively, the law provides that if Fenix has a privacy policy that provides you with an “opt-out” choice for use of your personal information by third parties for marketing purposes, Fenix may instead provide you with information on how to exercise your disclosure choice options.
This Site qualifies for the alternative option. Fenix’s Site has a privacy policy which provides you with information on how you may “opt-out” from the use of your personal information by third parties for direct marketing purposes. Therefore, Fenix is not required to maintain or disclose a list of the third parties that received your personal information during the preceding year for marketing purposes. If you are a resident of California and request information about how to exercise your third party disclosure choices, send a request to the email address below.

European Users

Please note that the information you enter into the Site or otherwise provide to Fenix, or its subsidiaries or divisions, may be transferred outside of the European Economic Area for purposes of processing, by Fenix, in order to provide this Site and its services to you. Article 26 of the European Union Data Directive allows for transfer of personal data from the European Union to a third country if the individual has unambiguously given his consent to the transfer of personal information, regardless of the third country’s level of protection.
By agreeing to this Privacy Statement, you consent to the transfer of all such information to the United States and the processing of that information as described in this Privacy Statement.

Privacy Statement Updates

Fenix will update this Privacy Statement as Fenix’s business and services expand and change. Updates to this policy will be posted to the Site. Fenix encourages you to review this policy periodically to review any changes that have been posted. Fenix will never change its commitment to your privacy.

Questions

If you have any questions, comments, or feedback about Fenix’s use of Collected Information or about this Privacy Statement, please contact us at legal@fenixlive.com. Fenix will use reasonable efforts to promptly investigate any complaint you may have regarding our use of Collected Information and to comply fully with the legal and regulatory supervisory authorities responsible for enforcing Fenix’s adherence to the privacy principles stated above.