Standing Above the Clouds follows the largest political movement in modern Hawaiian history and the indigenous women leaders who have successfully sustained it for so long. At the center of the global movement to protect Mauna Kea are the families of Pua Case, Leina’ala Sleightholm, and Mehana Kihoi. To prevent the building of the world’s largest telescope on their sacred mountain, all three families have put their bodies on the line, faced arrest standing off with police, and testified as key petitioners suing the state of Hawaiʻi. Through the lens of mothers and daughters, the film explores intergenerational healing and the social and emotional labor of retaining ancient ceremonies in a rapidly modernizing world.
Effective Date: December 20, 2021.
1. Introduction and Overview.
2. Information Collection.
A. Information You Provide.
- Contact Data, including your first and last name, company name, and email address.
- Content, including content within any messages you send to us (such as feedback and questions to customer support).
- Usage Data, including data about features you use, pages you visit, content you view and purchase, the time of day you browse, and referring/exit pages.
- Device Data, including data about the type of device or browser you use, device identifiers such as IP address, browser type, operating system, data regarding network connected hardware, and internet service provider.
- Log Files, which are files that record events that occur in connection with your use of the Service.
- Cookies, are small data files stored on a user’s device that act as a unique tag to identify your browser. We use two types of cookies: session cookies and persistent cookies. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Persistent cookies help in understanding how you use the Service, and may remain on your device for extended periods of time, and may be controlled through your browser settings.
- Manage and operate our Service, including financing and producing content such as nonfiction TV series and documentary films;
- Respond to your comments, questions, and requests, and provide customer service;
- Send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages;
- Prevent and address fraud, breach of policies or terms, and threats or harm;
- Monitor and analyze trends, usage, and activities;
- Conduct research, including focus groups and surveys;
- Improve the Service of other Fork Films websites, applications, marketing efforts, products and services;
- Conduct promotions, including verifying your eligibility and delivering prizes in connection with your entities.
- Develop and send you advertising, direct marketing, and communications regarding our and other entities products, services, offers, promotions, rewards and events;
- Fulfill any other purpose at your direction; and
- With notice to you and your consent.
- Service Providers. We share information with our agents, vendors, consultants, and other service providers (collectively “Service Providers”) that process information on our behalf. Service Providers assist us with services such as payment processing, data analytics, marketing, advertising, website hosting, and technical support. These Service Providers are prohibited from using information for any purpose other than to provide this assistance, although we may permit them to use aggregate information which does not identify you or de-identified data for other purposes.
- Partners. We share information with our partners in connection with offering co-branded content and services.
- Promotions. Our promotions may be jointly sponsored or offered by other parties. When you voluntarily enter a promotion, we share information as set out in the official rules that govern the promotion as well as for administrative purposes and as required by law (e.g., on a winners list). By entering a promotion, you agree to the official rules that govern that promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other entities to use your name, voice and/or likeness in advertising or marketing materials.
- Security and Compelled Disclosure. We may share information to comply with the law or other legal process, and where required, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We also share information to protect the rights, property, life, health, security and safety of us, the Service, the individuals involved in our films, or any third party.
- Merger or Acquisition. We may share information in connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another company.
- Affiliates. We share information with our affiliates and related entities, including where they act as our service provider for their own internal purposes.
- Facilitating Requests. We share information at your request.
- Consent. We share information with notice to you and with your consent.
We and our Service Providers (defined below) may collect information you provide directly via the Service, including when you sign-up for our mailing lists, purchase, view or interact with our content, or otherwise communicate or transact with us through the Service. The categories of information we collect, and have collected in the past 12 months, include:
Where you purchase content through the Service, we use Service Providers to process your payment information, including credit or debit card information. We do not have access to or store your credit or debit card information.
You may choose to voluntarily submit other information to us that we have not requested, and in such instances, you are solely responsible for such information.
B. Information Collected Automatically.
In addition, we automatically collect information when you access or use the Service. The categories of information, we automatically collect, and have collected in the past 12 months, include:
The types of tracking technologies we use to automatically collect information include:
For further information on how we use tracking technologies, and your rights and choices regarding them, please see the “Tracking Technologies” section under the “Your Rights and Choices” section below.
C. Information from Other Sources.
3. Use of Information.
Notwithstanding the above, we may use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we use information about you, please see the “Your Rights and Choices” section below.
4. Sharing of Information.
Without limiting the foregoing, in our sole discretion, we may share aggregated information which does not identify you or de-identified information about you except as prohibited by applicable law. For information on your rights and choices regarding how we share information about you, please see the “Your Rights and Choices” section below.
5. Other Parties’ Services, Social and Video Features.
Our Service includes hyperlinks to websites, locations, platforms, or services operated by other parties. For example, we may link to video services, such as iTunes or Netflix, in order to view our films. These services are owned and operated by other parties which may use tracking technologies to independently collect information about you and may solicit information from you.
Certain functionalities on the Service permit interactions that you initiate between the Service and certain other services, such as social networks and video services (“Social and Video Features”). Examples of Social and Video Features include “liking” or “sharing” our content, watching embedded videos using other party’s video service technology, and otherwise connecting our Service to another party’s service. If you use Social and Video Features, information you post or provide access to may be publicly displayed on our Service or other party’s services that you use.
Similarly, if you post information on a website or social network that references our Service (e.g., by using a hashtag associated with Fork Films, our films, TV shows or content in a tweet or status update), your post may be used on or in connection with our Service. Also, both Fork Films and the social network may have access to certain information about you and your use of our Service and their online services.
6. Your Rights and Choices.
- Cookies. Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately.
- Do Not Track. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what website operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.
A. Accessing Your Information.
You may access, update, or remove certain information that you voluntarily submitted to us when you made a purchase through the Service by sending an e-mail to us at firstname.lastname@example.org. We may require additional information from you to allow us to confirm your identity. Please note that we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
B. Tracking Technologies.
Please be aware that if you disable or remove certain tracking technologies some parts of the Service may not function correctly.
C. E-mail Communications.
You can opt out of receiving certain promotional e-mails from us at any time by following the instructions as provided in e-mails to click on the unsubscribe link or by sending an e-mail to us here with the word UNSUBSCRIBE in the subject field of the e-mail. Please note that your opt out is limited to the e-mail address used and will not affect subsequent subscriptions or non-promotional communications, such as those about your account, transactions, servicing, or Fork Films’ ongoing business relations.
The Service is intended for a general audience and not directed to children under 13 years of age. Fork Films does not knowingly collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) in a manner that is not permitted by COPPA. If you are a parent or guardian and believe Fork Films has collected such information in a manner not permitted by COPPA, please e-mail us here or send us a letter to Fork Films LLC, 25 East 21st Street, 7th Floor, New York, NY 10010 (Attention: Legal), and we will remove such data to the extent required by COPPA. We do not knowingly “sell,” as that term is defined under the CCPA, the personal information of minors under 16 years old who are California residents.
8. Data Security.
We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of your information collected through our Service.
9. International Transfer.
11. Contact Us.
If you have any questions or comments about this policy, please e-mail us here or send us a letter to Fork Films LLC, 25 East 21st Street, 7th Floor, New York, NY 10010 (Attention: Legal).
12. Additional Disclosures for California Residents.
- Identifiers, including name, email address, and online identifiers (such as IP address).
- Commercial or transactions information, including trailers watched and records of content purchased.
- Internet activity, including browsing history, search history, and interactions with a website, video, email, or advertisement.
- The categories of personal information we have collected about you;
- The categories of sources from which the personal information was collected;
- The categories of personal information about you we disclosed for a business purpose or sold;
- The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
- The business or commercial purpose for collecting or selling the personal information; and
- The specific pieces of personal information we have collected about you.
To the extent Fork Films is subject to the California Consumer Privacy Act of 2018 (“CCPA”), these additional disclosures apply only to California residents covered by the CCPA.
A. Notice of Collection.
In the past 12 months, we have collected the following categories of personal information enumerated in the CCPA:
For further details on information we collect, including the sources from which we receive information, review the “Information Collection” section above. We collect and use these categories of personal information for the business purposes described in the “Use of Information” section above, including to manage our Service.
We do not sell information as the term “sell” is traditionally understood.
B. Right to Know and Delete.
You have the right to delete personal information we have collected about you. You also have the right to know certain details about our data practices in the past 12 months. In particular, you may request the following from us:
To exercise any of these rights, please submit a request through our Online Form. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.
C. Authorized Agent.
You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.
D. Right to Non-Discrimination.
You have the right not to receive discriminatory treatment by us for the exercise of any your rights.
E. Shine the Light.
California’s “Shine the Light” law permits customers in California to request (i) a list of the categories of personal information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise your rights and make a request, please e-mail us here or send us a letter to Fork Films LLC, 25 East 21st Street, 7th Floor, New York, NY 10010 (Attention: Legal). Requests must include “California Shine the Light Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that Fork Films is not required to respond to requests made by means other than through the provided e-mail address or mail address.
13. Additional Disclosures for Nevada Residents.
Nevada law (NRS 603A.340) requires each business to establish a designated request address where Nevada consumers may submit requests directing the business not to sell certain kinds of personal information that the business has collected or will collect about the consumer. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third party for the third party to license or sell the personal information to other third parties. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please contact us as at email@example.com.