Welcome to Trakt! This Privacy Policy explains how we at trakt, inc. ("Trakt," "us," "our," or "we") collect and treat information when you use trakt.tv or its subdomains, the Trakt mobile application (the "App"), our user forums, and other features and services we offer (collectively, our "Services"). This Privacy Policy is governed by and part of our Terms of Use. Any terms defined in the Terms of Use have the same meaning when used in this Privacy Policy. Please note that this Privacy Policy does not apply to any third-party platforms, such as the third-party content streaming services you may use in conjunction with our Services.

Please read this Privacy Policy carefully to fully understand our privacy practices. Our Privacy Policy may be updated from time to time, and we will notify you of any material changes by posting the new Privacy Policy for the Sites at http://trakt.tv/privacy. If you have any questions about this Privacy Policy, please contact us at [email protected].

1

Consent

By accessing or using our Services in any manner, you consent to our privacy practices described in this Privacy Policy. If you do not agree with this Privacy Policy, do not access or use our Services.

2

Personal Information

As used in this Privacy Policy, "Personal Information" means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information falls within certain categories, for example:

1. Identifiers (e.g., name, email, telephone number, address, username);
2. Sensitive Personal Information (e.g., precise geolocation; race or ethnic origin; religious beliefs; health information; contents messages when we are not the recipient);
3. Legally protected information (e.g., race, citizenship, marital status, sex);
4. Employment-related information (e.g. current or past employment);
5. Non-public educational information, including information protected under the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R. Part 99);
6. Biometrics (e.g., DNA, face/voice prints, health data) and audio, electronic, visual, thermal, or olfactory information;
7. Inferences drawn from Personal Information to create a profile about preferences, characteristics, trends, predispositions, behavior, attitudes, intelligence, and aptitudes;
8. Commercial information (e.g., products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies); and
9. Internet or other similar activity (e.g., browsing history; content interactions).

Information that is not protected as Personal Information includes publicly available information; aggregated information (meaning data summaries or reports with the Personal Information removed); or de-identified information that cannot be easily linked back to the individual.

3

Children's Privacy

Our Services are not directed to children under 18. We do not knowingly collect Personal Information from children under 18. If we learn we have collected or received Personal Information from a child under 18, we will delete that information. Please contact us at [email protected] if you believe we have received information from a child under 18.

4

Categories and Sources of Personal Information Collected

Trakt may collect Personal Information (a) with your consent; (b) if we have a legitimate interest in doing so; or (c) as authorized or required by law. We only collect, use, retain, and disclose Personal Information as reasonably necessary and proportionate to provide our Services or for other purposes that we disclose to you and are compatible with the context of how we collected your Personal Information. During the preceding 12 months, we have collected Personal Information in the categories of identifiers, commercial information, inferences and internet or similar activity. We collect this information from you and your interactions with the Services including:

1. Your Trakt Account, with your consent. When you sign up for Trakt and create your profile, we may collect identifiers like your name and email address, as well as your general location. We use this information to give you access to the Services and to offer you software updates and product announcements. You can also include commercial information in your profile like your content preferences and interests, which we may use to generate inferences about you as a user of our Services. If you participate in our user forum, VIP user opportunities, or other interactive features, we will collect and process any Personal Information you submit for those purposes. We collect this information with your consent, and we use it to provide you with the Services you request, communicate with you about Trakt, and send you marketing messages according to your preferences.
2. Your Scrobble & Sync activities, to achieve a legitimate interest. If you install the Scrobble plug-in, Trakt will track all of the content you watch to keep your devices in sync across the various applications you use. We also collect data about your content interactions to personalize your experience and to improve our Services. We may process this data to serve you with targeted advertisements based on your content and communication preferences or aggregate the data to recommend popular content to other users and to analyze trends in user interests.
3. Technical data from your use of the Services, to achieve a legitimate interest. We use cookies and related technologies (as described under Cookies) to collect technical data, including some Personal Information, from your use of the Services. For example, we may automatically collect your (i) browsing history; (ii) device information (e.g., IP address, browser type, device ID); (iii) content interactions; (iv) generalized geolocation; and (v) web traffic data to understand how users access the Services and to troubleshoot technical issues. Trakt may use this data to identify third-party ad content that is relevant to you and to serve those advertisements to you on the Services or on social media or other platforms that you use, according to your stated preferences (see Your Privacy Rights for more information). We collect and process this information to achieve our legitimate interests of providing you with the Services to which you subscribe and improving our technology and the Services we offer.

Trakt might also use your Personal Information to: (i) monitor your compliance with any of your agreements with us; (ii) protect your privacy and enforce this Privacy Policy; (iii) if we believe it is necessary, to identify, contact, or bring legal action against persons or entities who may be causing injury to you, to us, or to others; (iv) comply with a law, regulation, legal process, or court order; or (v) fulfill any other purpose to which you consent.

5

Cookies

Trakt uses cookies and related technologies to collect information, including some Personal Information for analytics, tracking, and advertising purposes. Cookies allow websites and platforms to analyze user trends, remember a user from one session to the next, and enable certain features to function. Trakt uses first party cookies to support your account login and other essential functions. Details about Trakt cookie use is below.

You can adjust your device settings or install a third-party plugin to prevent cookies from interacting with your device or collecting your Personal Information. However, doing this will prevent you from using certain features on the Services.

6

Retention of Personal Information

Trakt retains Personal Information for the minimum period necessary to provide you with the Services you request. Personal Information associated with your user account is retained until you delete it or cancel your account. If you cancel your account, Trakt will delete or anonymize all of your Personal Information then mark the account as private and schedule it for deletion. An account cannot be restored once deleted. User comments posted to Trakt forums are retained indefinitely unless you request deletion. Data collected via cookies and similar technologies is kept for up to 26 months. We may retain data, including Personal Information, for longer periods if it is critical to our business and securely stores that retained data. For example, we may retain de-identified data about your content interactions in perpetuity for purposes like supporting our Discover feature, analyzing user behavior on an aggregate level, or improving our Services. Trakt regularly reviews and deletes or deidentifies unnecessary data.

7

Disclosing Personal Information

Trakt will only disclose Personal Information to the third parties as described in this section, with your permission, or as required by law. In the preceding 12 months, we have disclosed identifiers, commercial information, inferences and internet or similar activity to third-party recipients for a business purpose. We may disclose this information to the following recipients:

1. Other Trakt Users. Personal Information you include in your user forum messages and your public profile may be viewable or accessible by other Trakt users. Please think carefully about the Personal Information you make available to others on the Services. You can review and revise your profile information at any time.
2. Service Providers. Trakt uses third-party service providers like data hosting companies, analytics services, and payment processors that may have access to your Personal Information to perform their contractual obligations to us. The type of information that we disclose to a service provider will depend on the service that they provide to us. Our service providers are subject to contractual agreements that protect your Personal Information, and we require all service providers to maintain confidentiality standards that are commercially reasonable to ensure the security of your Personal Information.
3. Cookie Data Recipients. We may permit certain trusted third parties to place cookies, pixels, and related technologies on your browser subject to your device settings. These technologies capture data that is transmitted back to the trusted third party so Trakt can market to you on corresponding social media channels and other platforms. You can opt-out of our use of your Personal Information in this manner by contacting [email protected] or updating your device settings to control how these technologies interact with your browser.
4. Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries in accordance with applicable privacy laws.
5. Other Third Parties, as permitted by applicable law. For example: if we go through a business transition (e.g., merger, acquisition, or sale of a portion of our assets); to comply with a legal requirement or a court order; when we believe it is appropriate to take action regarding illegal activities or prevent fraud or harm to any person; to exercise or defend our legal claims; or for any other reason with your consent.
6. Law enforcement, and other governmental agencies, at our sole discretion in connection with an investigation of any matter that is illegal or that could expose Trakt or our affiliates or subsidiaries to liability.
7. Aggregated and De-Identified Information. Trakt reserves the right to disclose aggregated, anonymized, or de-identified information about any individuals with non-affiliated entities for research, product development, marketing, or other purposes, without restriction.

8

Your Privacy Rights

This section offers instructions to control how Trakt collects and uses your Personal Information and provides the notices of privacy rights as required under the laws applicable to residents of California and other US states, Canada, and the EEA and UK.

1. Controlling Your Personal Information. Trakt provides you a variety of methods and options to exercise controls over your Personal Information, such as:
1. Your Account. You can review, update, correct or delete the Personal Information associated with your Trakt account at any time by logging into your account and saving your changes. Please visit your account settings to view available options to access, correct, delete, or limit Trakt's use of your Personal Information. Note that deleting your account removes any Personal Information attached with your account and anonymizes your statistical data.
2. Marketing. We may use your contact information to send you marketing communications in compliance with applicable law. You may opt-out of our marketing messages at any time by updating your account preferences, clicking the "Unsubscribe" button contained in our emails, texting STOP in reply to our text messages, or by sending a request to [email protected].
3. Profiling and Data Sharing. You can opt-out of Trakt's algorithm used to personalize your user experience or sharing your Personal Information for cross-contextual advertising by emailing [email protected] and/or adjusting your device settings as described below.
4. Device Settings. You can control the data we collect through automated means by adjusting your device settings, such as blocking pop-up ads or cookies, or by installing a third-party plugin to control how cookies interact with your device.
5. Do Not Track. Do Not Track signals are signals sent through a browser informing us that you do not want to be tracked. Currently, our systems do not recognize browser "do-not-track" requests, but you may disable certain tracking via your device settings.
2. Consumer Privacy Requests. If you wish to control your Personal Information beyond the methods described above, or if you want to express concerns, lodge a complaint, or request information, please send a verifiable Consumer Privacy Request by email to [email protected] with a subject line "Privacy Request." Please send the email from the same address attached to your Trakt account and include your Trakt username to verify your identity. Trakt will honor your Consumer Privacy Request to the extent provided under the laws that apply to you and to our business.

Trakt can only fulfill a Consumer Privacy Request when we have sufficient information to verify that the requester is the person or an authorized representative of the person about whom we have collected Personal Information, and to properly understand, evaluate, and respond to the request. We do not charge a fee to process or respond to a verifiable request unless we have legal grounds to do so. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. We endeavor to respond to Consumer Privacy Requests in accordance with the requirements of the law applicable to your jurisdiction.

3. California and Certain Other U.S. States. This section provides the disclosures and notices required under the California Consumer Privacy Act of 2018 ("CCPA") and offers informational notices to residents of Virginia, Colorado, Nevada, and other U.S. states with laws providing similar protections. NOTE THAT TRAKT IS NOT CURRENTLY GOVERNED BY THE CCPA AND IS EXEMPT FROM CERTAIN OTHER US PRIVACY LAWS. This section is offered as a courtesy to describe the rights afforded to residents of the State of California and other states to the extent the same legal protections apply (each a "Consumer"). Consumers may exercise the rights below to the extent provided by the laws that apply to the Consumer and to Trakt, subject to our receipt of a verifiable Consumer Privacy Request and any exceptions and limitations that may apply:
1. Right to Correct. You may request that we correct inaccurate Personal Information about you on our systems. If you become aware that the Personal Information that we hold about you is incorrect, or if your information changes, please inform us and we will update our records.
2. Right to Deletion. You have the right to request that we delete any of your Personal Information that we collected and retained, with certain exceptions. Trakt may permanently delete, deidentify, or aggregate the Personal Information in response to a request for deletion. If you submit a Consumer Privacy Request to delete your Personal Information, we will confirm the Personal Information to be deleted prior to its deletion, and we will notify you when your request is complete.
3. Limited Use and Disclosure of Sensitive Personal Information. Trakt does not seek to collect sensitive Personal Information about any individual. In no case will Trakt use or disclose any sensitive Personal Information for the purpose of inferring characteristics about you. If this ever changes in the future, we will update this Privacy Policy and provide you with a method to limit use and disclosure of your sensitive Personal Information.
4. Opt-Out of Sharing Personal Information. As part of the Services, Trakt might shares certain Personal Information with trusted third parties. For example, we may place cookies on your browser to track the performance of Trakt or affiliate ads. To opt-out of this sharing of your Personal Information, you may email us at [email protected]. Note that if you opt-out of sharing your Personal Information, Trakt features like Discover or Scrobble may not function.
5. Opt-Out of Profiling. Trakt uses algorithms to personalize your experience using our Services which may include evaluation, analysis, or prediction of your interests and preferences. All profiling is generated from information you include in your account profile and how you interact with our Services, and our use of profiling will not impact your access to our Services. To opt-out of a tailored experience, or to learn more about how we use automated profiling to improve your user experience, please contact [email protected] or submit a consumer privacy request.
6. No CCPA Sale of Personal Information. Trakt does not exchange Personal Information with third parties for compensation. If this changes in the future, we will update this Privacy Policy and provide a method to opt-out of such sale.
7. Right to Access. You have the right to request that we provide you with access to specific pieces of Personal Information we have collected about you over the past 12 months (also called a data portability request). If you submit an access request, we will provide you with copies of the requested pieces of Personal Information in a portable and readily usable format. Please note that Trakt may be prohibited by law from disclosing pieces of Personal Information that would create a substantial, articulable, and unreasonable risk to the security of the information, our business systems, or your account. Under the CCPA, Trakt is only required by law to respond to two access requests within a 12-month period.
8. Right to Disclosure. You may request that we disclose information to you about our collection and use of your Personal Information over the past 12 months, such as: (a) the categories of Personal Information we have collected about you; (b) the categories of sources for the Personal Information we have collected about you; (c) our business purpose for collecting or selling that Personal Information; (d) the categories of third parties with whom we share that Personal Information; and (e) if we sold or shared your Personal Information under the CCPA, two separate lists stating: (i) sales or sharing, identifying the Personal Information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained. Under the CCPA, Trakt is only required to respond to two disclosure requests within a 12-month period.
9. Right to Nondiscrimination. We will not discriminate against you for exercising your privacy rights. Unless permitted by law, we will not: (i) deny you goods or services; (ii) charge you different prices or rates for goods or services; (iii) provide you a different level or quality of goods or services; (iv) retaliate against you as an employee, applicant for employment, or independent contractor for exercising your privacy rights; or (v) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services, because you exercised a right under applicable privacy laws.
10. Right to Disclosure of Marketing Information. California's Shine the Light Act (Civil Code sections 1798.83-1798.84) entitles California residents to request certain disclosures regarding Personal Information sharing with affiliates and/or third parties for marketing purposes.
4. Canada. We adopted this section to provide supplemental information in compliance with Canada's Personal Information Protection and Electronic Documents Act ("PIPEDA"). This section applies solely to residents of Canada where PIPEDA applies ("Canadian Consumers"). PIPEDA gives Canadian Consumers specific rights regarding Personal Information offering details on an identifiable person without the inclusion of name, title, telephone number, and business address of an employee of a business or organization. The following paragraphs describe PIPEDA rights and explain how to exercise those rights.
1. Right to know why we collect, use, and distribute the Personal Information we process. We have set the required notices in this Privacy Policy. We may provide you with additional notices about other ways we process your Personal Information, such as by sending you a notice via email or by other means of communication.
2. Right to expect us to collect, use, or disclose Personal Information responsibly and not for any other purpose other than which you consented. We set your expectations in this Privacy Policy and collect express or implied consent at various stages of collection or processing. If we collect or use your Personal Information based on your consent, we will also notify you of any changes and will request your further consent as needed. You may withdraw your consent at any time with reasonable notice to [email protected].
3. Right to accuracy of your Personal Information. We take steps to reasonably ensure that your Personal Information we are using is accurate. In most cases, we rely on you to ensure that your information is current, complete, and accurate. We provide methods for you to correct, update, and delete inaccurate Personal Information in your account, and we will provide you with reasonable assistance to ensure that your Personal Information is accurate in our systems and with our service providers.
4. Right to access your Personal Information. Upon written request and identity authentication, we will provide you with your Personal Information under our control, information about the ways in which that information is being used and a description of the individuals and organizations to whom that information has been disclosed. We will make the information available within 30 days or provide written notice where additional time is required to fulfil the request. If limited by law or potential infringement on another's privacy rights, we may not be able to provide access to some or all of the Personal Information you request. If we must refuse an access request, we will notify you in writing, document the reasons for refusal, and outline further steps that are available to you.
5. European Economic Area and United Kingdom. We adopted this section to comply with the General Data Protection Regulations ("GDPR") and its counterpart regulation applicable to residents of the United Kingdom. This section applies solely to residents of the EEA and the United Kingdom ("Data Subjects"). Trakt collects and processing Personal Information of Data Subjects as a controller. If you are a Data Subject, you have the following rights in relation to the Personal Information we hold about you:
1. Right to know how we process your Personal Information. We have set the required notices in this Privacy Policy. We may provide you with additional notices about other ways we process your Personal Information, such as by sending you a notice via email or by other means of communication.
2. Right to access your Personal Information. You can request to access your Personal Information by emailing [email protected]. Upon request, we will provide you with a copy of your Personal Information, along with details about the types of Personal Information we process, why we process it, and any third parties we work with to collect Personal Information on our behalf. We may have one or more legally valid reasons to refuse your request in whole or in part, for example, to protect the rights of other individuals.
3. Right to restrict processing of your Personal Information. You can request that we restrict the processing of your Personal Information if: (i) the data is inaccurate; (ii) the processing is unlawful; (iii) we no longer need the Personal Information; or (iv) you exercise your right to object.
4. Right to rectify your Personal Information. If you become aware that the Personal Information that we hold about you is incorrect, or if your information changes, please inform us and we will update our records.
5. Right to data portability. In some circumstances, we are required to provide your Personal Information to another organization at your request and in a structured, commonly used machine-readable format, so that the other organization can read and use it.
6. Right to erasure (a.k.a. the "right to be forgotten"). Upon your request, and in certain circumstances and where we are required to do so by law, we are required to delete or anonymize your Personal Information. This right is not absolute, and we may be entitled to retain and process your Personal Information despite your request. If you make this request, we balance certain legal, contractual, and business interests against your right to request the deletion of your Personal Information.
7. Right to object to certain processing of your Personal Information. Upon your request, and in certain circumstances and where we are required to do so by law, we will limit our processing of your Personal Information as you request.
8. Right to not be subject to Automated Decision-Making ("ADM"). Trakt does not use ADM to provide the Services. If this changes in the future, we will update this posting to describe our use of ADM and your options to exercise your right to not be subject to ADM.

If you are a resident of the EEA and you believe we are unlawfully processing your Personal Information, you also have the right to complain to your local data protection supervisory authority. If you are a resident in Switzerland, you have the right to complain to the Swiss data protection authorities.

9

Data Security

Trakt employs reasonable and appropriate security procedures and practices to help protect your Personal Information from unauthorized or illegal access, destruction, use, modification, or disclosure. Trakt uses secure cloud servers to process and store all data, including your Personal Information. Access to Personal Information is limited to employees and contractors as needed to perform their job functions. We also ensure that our employees, contractors, and agents responsible for handling privacy inquiries are informed of applicable legal requirements and we restrict access to those who need that information to process it.

However, no transmission of data over the Internet is 100% secure, and we cannot guarantee that unauthorized third parties will not defeat our security measures or use your Personal Information for improper purposes. You are responsible for maintaining the confidentiality of your account username and password. We encourage you to protect against unauthorized access to your account and device by choosing a robust password and signing off after each session. Trakt is not responsible for any lost, stolen, or compromised passwords, or for any activity on your account via unauthorized activity.

10

Cross-Border Data Transfers

Trakt is owned and operated in the United States. We use technical infrastructure in the United States and other jurisdictions to provide our Services to Trakt users wherever they are located. As such, we must sometimes transfer data across jurisdictional boundaries. If you use our Services, it is possible that your Personal Information may be transferred outside of your jurisdiction to the United States or other locations where privacy laws may not be as protective as those in your jurisdiction. The United States, EEA Member States, and other countries all have different laws. When your information is moved from your home country to another country, the laws and rules that protect your Personal Information in the country to which your information is transferred may be different from those in the country in which you live. For example, if your information is in the US, it may be accessed by government authorities in accordance with US law.

Trakt is committed to using lawful data transfer mechanisms for all cross-border transfers of Personal Information. For Personal Information of Data Subjects transferred from the EEA to outside the EEA, Trakt relies on the most current Standard Contractual Clauses adopted by the European Commission or another appropriate legal basis for such data transfers, where required. To the extent that Trakt is deemed to transfer Personal Information outside of the EEA, we do so on the legal basis that such transfer is necessary to provide you with the Services you have chosen to use.

By allowing us to collect Personal Information about you, you consent to the transfer and processing of your Personal Information as described in this section. We do not warrant that our Services are appropriate or authorized for use in any other jurisdictions. You are solely responsible for determining whether your use of our Services complies with applicable laws.

11

Third-party Platforms and Social Media

Trakt may provide links or allow you to link to your Trakt account to third-party streaming services, social media, or other websites or platforms. These features are offered as a convenience only, and Trakt is not responsible for and has no ability to control the privacy and data collection, use, and disclosure practices of any third party. When you click on links that take you to external websites or platforms, you will be subject to their privacy policies and practices and not ours. Trakt encourages you to review and understand the privacy policies of such websites or platforms before submitting any information.

12

Changes to this Privacy Policy

Trakt reserves the right to amend this Privacy Policy at any time by updating this posting without notice and revising the last updated date. All changes are effective immediately when posted and apply to all access to and use of our Services. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes.