Privacy Statement

LAST UPDATED January 8, 2024

Cast & Crew Production Software, LLC, together with our affiliates (“Final Draft”), respects your privacy and is committed to protecting the personal information that you share with us, that is provided to us in connection with our products or services or that we otherwise receive. This Final Draft Privacy Policy describes how we collect and use your personal information.

Protecting the privacy and security of this personal information is central to Final Draft’s mission. Even if you are not a California resident, please note that the section titled “Privacy Notice for California Residents” includes information that is applicable generally. This Final Draft Privacy Policy governs personal information collected by Final Draft for our own purposes as well as information provided to us as a data processor for our clients. It applies to information collected both online and offline.

Final Draft is also committed to transparency. We want individuals to understand how we collect and use personal information so they can interact with Final Draft with confidence. The information below covers how we collect, use, disclose, transfer, and store your information. Please take a moment to familiarize yourself with our privacy practices and if you have any questions, please contact us at the contact information at the end of this Final Draft Privacy Policy.

Privacy Notice for California Residents / Notice at Collection

This Privacy Notice for California Residents supplements the information provided in this Final Draft Privacy Policy and applies solely to all California residents (“consumers” or “you”) as defined by the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA) (collectively, “California Privacy Laws”). We are adopting this Notice to comply with the California Privacy Laws and any terms defined in the California Privacy Laws have the same meaning when used in this notice.

Information We Collect

We collect personal information when you register with us for an account, when you use certain Final Draft products or services, when you visit our websites, when you participate in a survey, when you ask to be included in an email or other mailing list, or when you submit your personal information to us for any other reason. We receive personal information from or on behalf of our clients in connection with our provision of products and services such as our software. We also receive personal information from business partners, vendors, and government entities.

Depending on how you interact with Final Draft, in the last twelve (12) months, we may have collected the following categories of information as summarized below:

• Identifiers (for example, name, address, email address)*
• Personal information categories listed in the California Customer Records statute (for example, name, address, phone number)
• Protected classification characteristics under California or federal law (for example, age, gender)*
• Commercial Information (for example, purchase history)
• Internet or other similar network activity (for example, website history or search history)
• Geolocation data, to the extent it can be derived from other information collected from or about you (for example, IP address, billing address, mailing address)
• Professional or employment-related information (for example, union membership)*
• Account log-in or financial account information allowing access to an account (for example, username, payment information)*

* Includes “sensitive personal information” as defined by the California Privacy Laws (not used or disclosed for any purpose requiring a consumer right to limit under the California Privacy Laws).

We retain personal information in each of these categories permanently, depending on the nature of the products and services we are providing.

Personal information does not include:

• Publicly available information.
• Deidentified or aggregated consumer information.
• Information excluded from the California Privacy Laws’ scope, including:
  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA), the California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We may use or disclose (to our clients, business partners, vendors, government entities, and others as required by law) the personal information we collect for one or more of the following business and commercial purposes:

• To fulfill or meet the reason a party provided the information.
• To create, maintain, customize, and secure your account with us.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To help maintain the safety, security, and integrity of our websites, products and services, databases and other technology assets, and business.
• To provide, support, personalize, and develop our products and services.
• For testing, research, analysis, and product development, including to develop and improve our product, services and our websites.
• To respond to law enforcement requests and as required by applicable law.
• As described to you when collecting your personal information or as otherwise set forth in the California Privacy Laws.
• Other uses that we notify you about.

Final Draft will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice. Final Draft does not sell (as defined by the California Privacy Laws) your personal information. Your personal information may be shared with Final Draft’s subsidiaries or affiliates. All such entities are bound by the appropriate confidentiality and data transfer agreements. Final Draft is a subsidiary of Cast & Crew, and the Cast & Crew Policy is available at: https://www.castandcrew.com/privacy-policy/

Final Draft may disclose your personal information for a business purpose to a third party with your consent or where required in order to provide products or services to you or our clients in accordance with federal and state law.

California Rights and Choices

The California Privacy Laws provide California residents with specific rights regarding their personal information. This section describes your California Privacy Laws rights and explains how to exercise those rights.

Access to Specific Information

You have the right to request that Final Draft disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting, selling or sharing that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you.
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

You have the right to request that Final Draft correct any inaccurate personal information about you that we maintain.

You have the right to request that Final Draft delete your personal information that we collected and retained.  However, due to the nature of the products and services that Final Draft provides, it is likely that we will be required to deny your deletion request due to legal and regulatory requirements and our contractual obligations with our clients.

In general, we may deny your deletion request if retaining the information is necessary for us or our service providers to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it. .

In the event that none of the above exceptions apply, we will delete your personal information from our records once we receive and confirm your verifiable consumer request for deletion.

Opt-Out of Sharing

You have the right to opt-out of the sharing of your personal information. Share is defined under the California Privacy Laws to include the transfer of personal information to third parties for cross-context behavioral advertising purposes. We use cookies, pixels, and similar technology, and we share certain information, such as your IP address or device identifiers, to certain third-party advertisers in order to improve your user experience and to optimize our marketing activities. You have the right to direct us not to share or use your personal information for cross-context behavioral advertising purposes.

Exercising Your Rights

To exercise the rights described above, please submit a verifiable consumer request to us by one of the following:

• Call us toll-free at 888-570-6180, or
• Email us at privacy@castandcrew.com

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We will review the information that you provide for authenticity and veracity against our records in order to confirm your identity.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us.  We will not discriminate or retaliate against you for exercising the rights described above.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

If you have an account, we will deliver our written response to that account. If you do not have an account, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. Where applicable, we will provide your personal information in a format is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. 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.

Information Collection (online & offline)

Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, email address, a home, postal or other physical address, other contact information, title, birth date, gender, occupation, industry, personal interests, and other information when needed to provide a product or service you requested. When ordering products on our websites, you may be asked to provide credit card information. When you browse our websites, you do so anonymously, unless you have previously indicated that you wish Final Draft to remember your login and password. We do not automatically collect personal information, including your email address. We do log your IP address (the Internet address of your computer) to give us an idea of which part of our websites you visit and how long you spend there. We do not link your IP address to any personal information unless you have logged in to our websites. Like many other commercial websites, our websites may use a standard technology called a “cookie” to collect information about how you use the site. Please go to “Cookies and Tracking Information” below for more information.

We collect personal information when you register with us for an account, when you use certain Final Draft products or services, when you register to attend a seminar or participate in an online survey, when you ask to be included in an email or other mailing list, or when you submit your personal information to us for any other reason. We receive personal information from or on behalf of our clients in connection with our provision of products and services. We also receive personal information from business partners and vendors.

Access to certain Final Draft software and web pages may require a login and a password. The use of that software or those web pages, and the information or programs downloadable from those pages, may be governed by a written agreement between your employer or educational institution (our client) and Final Draft. Unless you request deletion of your personal information as specified below, your personal information may be retained by Final Draft to verify compliance with the agreement, log software licenses granted, track software downloaded from those pages, or track usage of other software or applications available on those pages.

Final Draft will collect and process our clients’ and their employees’ personal information in accordance with the terms of our agreements with the client (the employer or educational institution) and applicable law. We will at all times maintain reasonable and appropriate security controls that are in alignment with industry related security frameworks included in the General Data Protection Regulation (GDPR), as it relates to the EU or the UK, as applicable, to protect your information.

Final Draft will only disclose personal information to our clients (the employers or educational institutions) and to other entities in accordance with the terms of our agreements with our clients (the employers or educational institutions) and applicable law. We may disclose your personal information across our company and affiliates with our data processors, as needed to provide the products or services that you or our client (the employer or educational institution) have requested. These entities are all contractually bound to limit use of your personal information as needed to perform the services. We will also disclose personal information when required to do so by law, such as in response to a subpoena, including to law enforcement agencies and courts in the United States and other countries where we operate.

Your personal information may be transferred to our company, affiliated entities, and data processors in the United States and elsewhere in the world. We will always protect the privacy and security of your personal information, regardless of where it is processed. Personal information transfers from the European Economic Area and other countries with data transfer restrictions will be authorized by approved model contract provisions or other appropriate means.

If you have questions about your privacy rights, please contact your employer’s or educational institution’s human resources department. If you have questions about how Final Draft handles your personal information, you may contact us at the contact information at the end of this Final Draft Privacy Policy.

Right to Opt Out

You will always have the opportunity to “opt out” of receiving direct marketing or market research information. This means we assume you have given us your consent to collect and use your information in accordance with this Final Draft Privacy Policy unless you take affirmative action to indicate that you do not consent to receiving direct marketing or market research information.

Cookies and Tracking Technology

A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you have visited, but the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. Some parts of our websites use cookies to track user traffic patterns. We do this in order to determine the usefulness of our website information to our users and to see how effective our navigational structure is in helping users reach that information. If you prefer not to receive cookies while browsing our websites, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser, although you may not be able to take full advantage of our websites if you do so. In particular, you may be required to accept cookies in order to complete certain actions on our websites. You do not need to have cookies turned on, however, to use/navigate through many parts of our websites, except access to certain of Final Draft’s web pages may require a login and password.

Analytics

We use third-party analytics and tracking tools to understand better who is using our product and services, how our product and services are used, and how to improve the effectiveness of our product, services, and related content. We may also use the information collected to draw inferences.

For example, we use Google Analytics to understand better how users interact with our website. For information on Google Analytics’ information-handling practices and how you can control the use of information sent to Google, visit https://policies.google.com/technologies/partner-sites. If you wish to prevent your information from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on available at https://tools.google.com/dlpage/gaoptout.

Information Sharing and Disclosure

Your personal information may be shared across our company, affiliates, or with our data processors. All such entities are governed by this Final Draft Privacy Policy or their own privacy policy, or are bound by appropriate confidentiality and data transfer agreements.

Inside Final Draft, data is stored in controlled servers with limited access. Your information may be stored and processed in the United States or any other country where Final Draft entities, data processors or agents are located.

We may send your personal information to other companies or people under the following circumstances: when we have your consent to share the information; we need to share your information to provide the product or service you or our client (the employer or educational institution) have requested; we need to send the information to companies who work on behalf of Final Draft to provide a product or service to you (we will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other business purpose); we want to keep you up to date on the latest product announcements, software updates, special offers or other information we think you would like to hear about either from us or from our business partners (unless you have opted out of these types of communications); or to support the purposes described under “How Final Draft Uses Collected Information”. We will also disclose your personal information if required to do so by law, to enforce our Terms of Use, or in urgent circumstances, to protect personal safety, the public or our websites. Final Draft further reserves the right to create, utilize and share with third parties anonymized data which may be derived from personal information but does not contain any personally identifying information in its amalgamated form.

Data Security

Your account information, if applicable, is password-protected for your privacy and security. Final Draft safeguards the security of the data you send us with physical, electronic, and managerial procedures. In certain areas of our websites, we use industry-standard SSL-encryption to enhance the security of data transmissions. While we strive to protect your personal information, we cannot ensure the security of the information you transmit to us, and so we urge you to take every precaution to protect your personal data when you are on the internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser.

Software Piracy

We are committed to addressing and eliminating piracy or other misuse of our software and products. As part of these efforts, we may include a security mechanism that can detect the installation or use of unauthorized or modified copies of our software and collect and transmit data about those copies. This data collection is not designed to be performed on users of properly and legally licensed software obtained from us or our authorized resellers. If you do not consent to the collection and transmission of such data (including to the United States), you must not use our software.

We are dedicated to providing reasonable access to your personal information retained when you register with our website and correct any inaccuracies it may contain. Registered users may access their user profile, correct and update their details, or unsubscribe at any time. Registered users who have any problem accessing their profiles, or would like to request a copy of their personal information, should contact Final Draft through the Contact Us link. In all cases we will treat requests to access information or change information in accordance with applicable law.

Children and Privacy

Our websites do not target and are not intended to attract children under the age of 13. We do not knowingly solicit personal information from children under the age of 13 or send them requests for personal information.

GDPR Privacy Statement

Final Draft abides by the GDPR regarding the collection, use, and retention of personal information collected by organizations in the European Economic Area and the United Kingdom. Final Draft certifies that it adheres to the GDPR as it applies to information collected and processed by Final Draft.

Canadian Privacy Personal Information Protection and Electronic Documents Act (PIPEDA) Privacy Statement

Final Draft abides by the Canadian Privacy Personal Information Protection and Electronic Documents Act (PIPEDA) regarding the collection, use, and retention of personal information collected by organizations in Canada. Final Draft certifies that it adheres to PIPEDA as it applies to information collected and processed by Final Draft.

California Privacy Rights

California Civil Code Section 1798 allows California residents to ask companies with whom they have an established business relationship to provide certain information about the companies’ sharing of personal information with third parties for direct marketing purposes.

California customers who wish to request further information about our compliance with this law or have questions or concerns about our privacy practices may contact us by writing to: Legal Department, Cast & Crew, 2300 Empire Avenue, 5thFloor, Burbank, CA 91504.

How Final Draft Uses Collected Information

Final Draft uses information for several general purposes: to fulfill requests for certain products and services, to comply with legal and regulatory obligations, to provide products and services, including the display of content, to audit, research and conduct analysis in order to maintain, protect and improve our products and services, to ensure the technical functioning of our network, to protect the rights or property of Final Draft and our users, to develop new products and services, to personalize your experience on our websites and to keep you up to date on the latest product announcements, software updates, special offers or other information we think you would like to hear about either from us or from our business partners. When you register with us for an account, we may verify your name, address, phone number, and other account details with information held about you by third parties. Subject to any applicable opt-in and opt-out requirements, Final Draft and its affiliates may also use your information to send, or to have business partners send, direct marketing information or conduct market research.

Our Commitment to Your Privacy

To make sure personal information is secure, Final Draft communicates its privacy and security guidelines to its employees and strictly enforces privacy safeguards within our company.

Changes to This Final Draft Privacy Policy

Final Draft may amend this Final Draft Privacy Policy from time to time to assure its consistency and adherence to applicable law. We will post any revised Final Draft Privacy Policy on this site. You may raise any concerns regarding this Final Draft Privacy Policy and our privacy practices using the contact information provided below and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of personal information in accordance with applicable law.

Contact

If you would like to make an opt-out or opt-in request, or have questions, concerns or complaints about this Final Draft Privacy Policy, please feel free to contact us any time through this website, at privacy@castandcrew.com, or at:

Legal Department

Cast & Crew Entertainment Services, LLC 2300 Empire Avenue 5th Floor Burbank, CA 91504-4603