BANZAI ENTERTAINMENT INC

Version:  August 2021

Banzai’s is a production house with a team of innovative, creative, artists who love telling stories through filmmaking.  

This Privacy Policy sets out how and to what extent Banzai and its partners and affiliates (“us,” “our,” or “we”) collect and use information from users who access or use our website and services, including thebanzai.com, our mobile applications, our web client or professional client, and/or any of our other sites, products, or services that link to this Privacy Policy (the “Services”). By using our Services, you understand that we will collect and use your information as described in this Privacy Policy (collectively “you”).

If you or your organization has an individual agreement with us, that agreement may have privacy terms that also apply to the information you provide to us under that agreement. Please review the terms in that agreement because they may be different or more restrictive than the terms in this Privacy Policy.

As part of our Services, users want us to collect and record information that helps the parties assess the validity of the transactions. This information includes the persons who are involved in the transactions and the devices those persons use.

SECTION 1:  How We Collect Information

To provide and improve our Services and to support advertising and marketing, we collect certain, limited information about visitors to our sites, users of our Services, the devices they use, and sometimes their locations.

We collect certain information directly from you, such as when you fill out forms with a name or email address. Generally with sole respect to the functionality of our Site, we may collect other information from you automatically through your use of the Services, usually about devices, browsers, locations, usage/transactional data about how you use our Services, error logs and other similar information.  Please see Section 5 regarding your further rights with respect to collected information.

You have choices about whether you visit our sites, install our apps, or provide information to us. However, if you do not provide us with certain information, you may not be able to use some parts of our Services. For example, if you do not adopt an electronic signature, then you may not be able to accept or receive certain communications or services through our service. For choices you may have, please see Section 5 of this Privacy Policy.

Information We Collect from You.  You provide us with information about yourself when you:  Register or log in to your account; Start, sign, or review an electronic document; Create or edit your user profile; or Contact customer support.

Examples of the information you may provide are: name, email address, phone number, billing/payment information, and/or electronic signature.

You also provide us with information about others when you use parts of our Services, such as when you start or participate in an electronic transaction, and provide multiple parties with document access for signing or other purposes, add others as a member to an existing account, or

refer friends.  Your main choice for these types of information is to simply not provide it, such as by not creating a profile.  

We also reserve the right to keep certain transactional data (non-content data about electronic transactions you start, review, or sign) such as: names and email addresses of parties to an envelope, envelope subject, history of actions that individuals take on an envelope (e.g. review, sign) and information about those individuals or their devices, such as name, email address, IP address, and authentication methods, cookies and Related Technologies.  At Banzai, our only purpose for accessing and collecting transactional data is for assistant us in helping to provide our clients with the best possible User experience, including maximizing our response and resolution times for resolving potential site and/or user issues.  We have tried to reach a reasonable balance between the period of time that we maintain User Activity Logs for the foregoing purposes, versus offering the maximum amount of privacy to our Users by deleting any and all User data as quickly as prudent business practices and applicable laws allow.

We may use cookies, which are text files containing small amounts of information that are downloaded on your device (“Cookies”), or related technologies, such as web beacons, local shared objects and tracking pixels to store or collect information. We also allow others to use Cookies within the Services as described below. Cookies can store your preferences, and your username.  

Information We Collect & Process on Behalf of Customers. When our customers use our Services, we process and store certain information on their behalf as a data processor. We act primarily as a data and communications portal, pursuant to which we process information on the customer's behalf and in accordance with their instructions. In those instances, the customer as the data controller is responsible for most aspects of the processing of the information. If you have any questions or concerns about how information is processed in these cases, including how to exercise your rights as a data subject, we recommend contacting the relevant customer.

SECTION 2:  Use of Information

In general, we collect, use and store or process your information to provide our Services, to fix and improve those services, to develop new services, and to market our companies and their products and services. Here are some examples of how we use the information we process:

Provide you with the services and products you request and provide a vehicle for the forwarding and collection of payments;

Send you records of our relationship, including for purchases or other events;

Market features, products, or special events using email or phone or send you marketing communications about third party products and services we think may be of interest to you;

Record details about what happens with electronic documents, such as who viewed or signed, the devices used and when these events occur;

Choose and deliver content and tailored advertising;

Create and review data about our users and how they use our Services;

Test changes in our Services and develop new features and products;

Fix problems you may have with our Services, including answering support questions and resolving disputes;

Manage the Banzai services platforms including support systems and security;

Prevent, investigate and respond to fraud, unauthorized access to or use of our Services, breaches of terms and policies, or other wrongful behavior;

Meet legal retention periods; and

Other Uses. We may combine the information we collect (“aggregate”) or remove pieces of information (“de-identify”) to limit or prevent identification of any particular user or device to help with goals like research and marketing. This Privacy Policy does not apply to our use of such aggregated or de-identified information.

Lawful Basis for Processing Your Information. If European data protection law applies and Banzai acts as a controller, our lawful basis for collecting and using the information described in this Privacy Policy will depend on the information concerned and the specific context in which we collect or use it.

We normally collect or use information from you or others only where we have your consent to do so, where we need the information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may have a legal obligation to collect or retain personal information or may need the personal information to protect your vital interests or those of another person. For example, when we:

Use information to create and manage an account, we need it in order to provide relevant services;

Gather and record data associated with use of a digital certificate or digital signature, it is to comply with regulations;

Use names and email addresses for email marketing purposes, we do so with your consent (which you are permitted to revoke at any time); and

Gather usage data and analyze it to improve our Services, we do so based on our legitimate interest in safeguarding and improving our Services.

If you have questions about or need further information concerning the lawful basis on which we collect and use your personal information, please contact us using the contact details provided in Section 11.

SECTION 3:  Information Sharing

We do not rent, sell, or share your information with third parties except as described in this Privacy Policy.

We share information as follows:

Service Providers. Generally limited to the extent reasonably necessary for the functionality of our Site, we may share your information with other companies we use to support our Services. These companies provide services like search technology, advertising, authentication systems, bill collection, fraud detection, and customer support. Our service providers are required to safeguard your personal information, comply with this Privacy Policy and are not permitted to use it for their own purposes.

Affiliates. We may share your information with other companies under common ownership or control with Banzai. Our affiliates are required to safeguard your persona information, and may only use your information as described in this Privacy Policy.

Safety, Security, and Compliance with Law. We may share your information to follow applicable law, or to respond to legal process (like a subpoena). We also may share your information when there are threats to the physical safety of any person, violations of this Privacy Policy or other agreements, or to protect the legal rights of third parties, including our employees, users, or the public.

Business Transactions. We may share your information during a corporate transaction like a merger, or sale of our assets. If a corporate transaction occurs, we will provide notification of any changes to control of your information, as well as choices you may have.

Consent. We may share your information in other ways if you have asked us to do so or have given consent. For example, with your prior consent, we may post user testimonials that may identify you.

Your information may also be shared as described below:

Third Parties. When you make a payment to another user within our Services, we share your payment method details with the third-party payment processor selected by you or the other user.

Public Information.

Your Employer or Organization. When you create an account or user role with an email address assigned to you as an employee, contractor or member of an organization, that organization (if it is a Banzai customer with certain features) can find your account and take certain actions that may affect your account.

 

SECTION 4:  Retention of Information

We keep your personal information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws. Where there are technical limitations that prevent deletion or anonymization, we safeguard personal data and limit active use of it.

See Section 5 for choices about storage of your information.

SECTION 5:  Your Choices

This section describes many of the actions you can take to change or limit the collection or use of your information.

Profile. You are required to fill out an account profile in order to use the Site. You can access, review and make changes to your account information at any time.

Marketing Messages. You have the option to opt out of any email marketing messages we send by clicking on the “unsubscribe” link in the email message.  Please note that in any event that you unsubscribe, we may send you one message to confirm you want to opt out, and if you are a registered user of our Services, or if you have engaged in transactions with us, we may continue to send transactional or relationship messages (e.g., signing notifications or account notifications) after you opt out of marketing messages.  To opt out of any notifications that do not include an embedded “unsubscribe” function, please contact us using the information provided in Section 11.

Cookies and Other Related Technology. You can choose to decline cookies through your browser settings. However, if you decline cookies, you may not be able to use some parts of our Services.

We do not recognize or respond to browser-initiated Do Not Track signals.

Device and Usage Information. If you do not want us to see your device location, you can turn off location sharing on your device, change your device privacy settings, or decline to share location on your browser.

Closing Your Account. If you wish to close your account, please contact us, or go to your account settings.

Complaints. We are committed to resolving valid complaints about your privacy and our collection or use of your personal data. For questions or complaints regarding our data use practices or Privacy Policy, please contact us using the email address listed in Section 11.  If you are in Switzerland or the European Economic Area (“EEA”), please also refer to Section 8 of this Privacy Policy.

SECTION 6:  Children's Privacy

Our Services are not designed for and are not marketed to people under the age of 18 (“minors”). We do not knowingly collect or ask for information from minors. We do not knowingly allow minors to use our Services. If you are a minor, please do not use our Services or send us your information. We delete information that we learn is collected from a minor without verified parental consent. Please contact us if you believe we might have information from or about a minor.

SECTION 7:  California Residents' Privacy

If you are a California resident, you may ask for a list of third parties that have received your information for direct marketing purposes during the previous calendar year. This list also contains the types of information shared. We provide this list at no cost. We do not share your information with third parties for their own marketing purposes.

SECTION 8:  Users From Outside the United States

By using our Services, you:

Acknowledge that your information will be processed as described in this Privacy Policy, and consent to having your information transferred to our affiliates and facilities, in the United States or elsewhere, and to the facilities of those third parties with whom we share it as described in this Privacy Policy.

If you are in Switzerland or the European Economic Area (EEA), you may have additional rights under data protection law.

Transfers to the U.S. and Third Countries. If you are in Switzerland or the European Economic Area (“EEA”), you understand and acknowledge that Banzai may transfer your personal data outside of Switzerland and the EEA for processing. Banzai has adopted Binding Corporate Rules to facilitate the transfer of personal data from the EEA to Banzai outside of the EEA. You may view our Binding Corporate Rules upon request, using the contact information provided at Section 11.

Other Rights:

You can access and review information associated with your account at any time. You also can request the following information: (a) How we collect and use your information and why; (b) The categories of personal data involved; (c) The categories of recipients of your personal data; (d) How we received your personal data; and (d) How long we use or store your personal data or the manner in which we determine relevant retention periods.

You also have a right to correct your personal data. In certain situations, you can ask that we erase or stop using your information (and object to use of your personal data) or export your data.  Where we rely on your consent to process your personal data, you have the right to decline consent and/or if provided, to withdraw consent at any time. This will not affect the lawfulness of processing prior to the withdrawal of your consent. At any time, you can request that we stop using your information for direct marketing purposes. See Section 5 of our Privacy Policy for more information on your choices.

You have a right to provide us with guidance on the use, storage, and deletion of your personal data after your death.  You have a right to raise questions or complaints with your local data protection authority at any time.  If you wish to exercise these rights, please contact us at info@thebanzai.com.

SECTION 9:  How We Protect Your Information

To keep your information safe, we use physical, electronic, and managerial tools. We apply these tools based on the sensitivity of the information we collect, use, and store, and the current state of technology. Although we take steps to prevent unauthorized access to or use of personal information, the Internet and our Services are not 100% secure. For this reason, we are not able to guarantee that information we collect or store will always be protected from unauthorized access, or that it will only be used as described in this Privacy Policy.  For this reason, we have endeavored to maintain a policy of maintaining our User information and log data for the minimum reasonable period we feel is prudent for the maximum benefit of the stated purposes defined in Section 2.

SECTION 10:  Changes to This Policy

We may amend this Privacy Policy to reflect changes in the law, our companies, our Services, our data collection use and practices, or advances in technology. Our use of the information we collect is subject to the Privacy Policy in effect at the time such information is used. Depending on the type of change, we may notify you of the change by posting on this page or by email. Please carefully review any changes made to this Privacy Policy.

 

SECTION 11:  How to Contact Us

For questions or complaints regarding our use of your information or Privacy Policy, please contact us at info@thebanzai.com or Banzai, Attn: Chief Privacy Officer, .