This Privacy Policy is incorporated in and subject to the Terms of Service ("Terms"). By using the Site and the Beneath the Earth Services, you expressly consent to the use of your Data in accordance with this Privacy Policy.
The Site is not intended for children under 13 years of age and we do not knowingly collect personal information from children under this age.
The definitions in the Terms shall apply to this Privacy Policy.
1. Your Data
"Your Data" means:
- any information about you which is personally identifiable, including, without limitation, your name, date of birth, gender, email address, address, country of residence, user name, password and other information from which you can be identified and which you may disclose to us or otherwise via the Site at any time.
2. Collection of your Data
We collect your Data when:
- you register to receive email notifications from Beneath the Earth Films
- you make a complaint or enquiry or provide other feedback to us;
- you submit an entry to a questionnaire or survey, competition or prize draw; or
- you disclose your Data to us or otherwise through the Site at any other point.
3. Use Of your Data
We use your Data to:
- process and deal with any complaints or enquiries made by you;
- monitor, develop and improve the Site, the Beneath the Earth Services and your experience, and tailor the Site and the Beneath the Earth Services to your specific preferences;
- investigate any suspected breach of the Terms made by or otherwise relating to you;
- where (and only where) agreed by you, to send you and keep you updated with information by email and/or SMS about existing and new services and special offers from us;
- where you have submitted an entry to a survey or questionnaire, to publish the results of such survey or questionnaire; and
- where you are a prize winner, to publish or otherwise make available a list of prize winners.
- To opt-out of receiving any information pursuant to paragraph 3.5 you can:
use the facility contained in any such communication; or
email us at contact@beneathearth.com
4. Passing On your Data To Third Parties
1. We may pass on your Data to other parties as follows:
a. to our employees and agents to administer Festival Submissions (including, without limitation, providing customer and marketing services, data analysis and postal and email delivery services);
b. to Beneath the Earth Films companies to provide the Beneath the Earth Services to you or to promote the services offered by us or them which may interest you;
c. some general statistical information about the Site user base, sales patterns, traffic volumes and related matters may be passed on to reputable third parties but these details will not include information personally identifying you; or
d. we may disclose your Data, without your consent, to the police, regulatory bodies or legal advisers in connection with any alleged criminal offence or suspected breach of the Terms by you or where required by law.
2. From time to time, we may ask you to participate in surveys designed to help us improve the Site. Any Data provided to us in connection with any survey will be used only in relation to that survey, and will only be disclosed to third parties in non-personally-identifying form.
3. We reserve the right to transfer all Data in our possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of our assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred personally-identifying information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and are given an opportunity to affirmatively opt-in to accept it. Data submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor organization.
4. The third parties to whom we pass on your Data will be restricted by law or under the terms of our confidentiality agreements with such third parties from using your Data for purposes other than those set out in this paragraph 4.
5. We do not pass or sell your Data to third persons for any other purpose than those set out in this paragraph 4. Any marketing under paragraph 3 is conducted by us on behalf of third parties and they do not have any access to your Data unless you yourself choose to contact them.
5. Data Security
1. We endeavour to take all reasonable steps to protect your Data. All the Data collected by us is stored on a secure server. The secure server software encrypts all information you input before it is sent to us.
2. If you are resident in the United States, we will notify you at the most current email address that you have provided to us in the event of a security breach. It is therefore extremely important that you update us if you change email addresses and that you make sure that we always have the most current email address for you on file. Any security breach notice will be sent to you as soon as possible following our discovery or notice of a security breach, and without unreasonable delay, subject to any determination by a law enforcement agency that notice would impede a criminal investigation, in which case the notice will be sent once the agency determines that notice will not compromise the investigation.
3. Unfortunately and notwithstanding paragraphs 5.1 to 5.3 above, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Data, we cannot guarantee the security of your Data transmitted to the Site; any transmission is at your own risk.
6. Cookies
1. Cookies are small pieces of information stored by your browser on your computer's hard drive. We use cookies to allow us to understand who has seen which pages and advertisements and when, to determine how frequently particular pages are visited, to determine the most popular areas of the Site and most popular Content and generally in order to monitor usage of the Site. We also use cookies to enable us to customize your experience of the Beneath the Earth Services and to target Content and advertising in accordance with your preferences. Most web browsers automatically accept cookies, though you do not have to. We do not control the use of cookies by third parties. If you wish to disable cookies then you can do so by readjusting your browser settings although please note that by disabling cookies you may not be able to use all features of the Site.
2. For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.
3. A "Web Beacon" is an object that is embedded in a web page that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page. We (or third parties authorised to act on our behalf) may use Web Beacons on the Site to count users who have visited particular pages and to deliver co-branded services. Web Beacons are not used to access users' Data; they are a technique we may use to compile aggregated statistics about Site usage. Web Beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the Web Beacon resides. You may not decline Web Beacons, however, they can be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis.
8. Location of your data
We hold your Data in the United States where the Site servers are located. As set out in paragraph 4, we may pass onto Beneath the Earth Films companies or reputable third parties general statistical information about the Site user base, sales patterns, traffic volumes and related matters but these details will not include information personally identifying you. In addition, we may need to share your information (including in some instances personally identifying information) with reputable third parties for the purposes described in paragraph 4.1 above. These Beneath the Earth companies or reputable third parties may be based outside the USA and, by using the Site and the Beneath the Earth Services, you expressly agree that we may transfer your Data outside the USA solely for these purposes.
9. Other links
Please be aware that the Site may link to other web sites that may be accessed by you through our Site. We are not responsible for the data policies, content or security of these linked web sites. We do not have any control over the use to which third parties may put your Data where you choose to purchase products or services or otherwise to contact them via this Site. It is your responsibility to review the data policies, content or security of these linked websites.
10. Changes to this privacy policy
We may change this Privacy Policy at any time by giving you notice or by publishing the modified Privacy Policy on the Site. It is your responsibility to review this Privacy Policy (as amended by us from time to time). However, we will not use your Data for any new purposes without your consent. If any amendment to this Privacy Policy is unacceptable to you, you should cease using the Site and/or the Beneath the Earth Services. If you continue using the Beneath the Earth Services following notification of the modified Privacy Policy, you will be deemed to have accepted and will be bound by the modified Privacy Policy.
11. Contacting Us
If you have any questions about our Privacy Policy or how we use your Data please contact us by email at contact@beneathearth.com
This Privacy Policy was last updated on 3 March 2012
