PRIVACY AND COOKIES POLICY
- We use personal data to allow you to use the features in the Content, to process your registration, and to provide you with requested Content related to our movies and other offerings. You can learn more about our use of your personal data in paragraph 1 below.
- If you give us permission, we will send you news and promotional material about Trace. You can change your mind at any time and ask us not to process your personal data for direct marketing purposes, including profiling related to direct marketing. This Policy also explains when we process personal data, for our legitimate interests. You can ask us to stop processing this data. You can learn more about our legitimate interest, your rights and how you can exercise them in paragraph 6 below.
- We provide interactive features that engage with social media sites, such as Facebook and Twitter. If you use these features, these sites will send us personal data about you. See paragraph 2 below for more details.
- Some of our Content may not be designed for children. We may ask for your age before you can sign up to receive newsletters or to use our Content.
- When you make a purchase from one of our sites or apps, we will use your personal data to fulfill your order. We will disclose your personal data to our third-party partners to process your payment and perform some of the other fulfillment on our behalf.
- We disclose your personal data publicly when you post User-Generated Content via our sites or apps. We disclose personal data when you agree that we can share data with our business partners or other Trace Global affiliates. We also share data with third parties we engage to process data on our behalf or when such sharing is required by law, or in certain other situations.
- We transfer your personal data to the United States. We use European Commission approved standard contractual clauses to protect your personal data.
HOW WE USE YOUR INFORMATION
Trace collects personally identifiable information that you voluntarily submit in various contexts including, but not limited to:
- To fulfil a contract, or take steps linked to a contract;
- To process your registration or account creation on a site or app, or entry into a competition, sweepstakes, prize draw, contest, Features, and other promotions offered via the Service and Site
- To send you information about changes to our terms or policies
- To process your payment and fulfil your purchased order
- To participate in online research surveys offered on the Service, Site, Content, and Features
- To report a problem with our Service, Site, Content, and Features and resolving customer service activities (including via email and chat)
- To access the Service via a third-party service (e.g. Facebook)
Where this is necessary for purposes which are in our, or third parties, legitimate interests. These interests are:
- To provide you with access to Content and features in the sites and apps
- To send you information you have requested
- To ensure the security of our sites and apps, by trying to prevent unauthorised or malicious activities
- To tailor Content, advertisements and offers for you.
- Where you give us consent:
- Where you ask us to send marketing information to you via a medium where we need your consent (for example, email marketing)
- Where you give us consent to place cookies and to use similar technologies
- On other occasions where we ask you for consent, for a purpose which we explain at that time
- Where you repost comments about our programs and services made by you on various online platforms (such as Twitter hashtags)
- Where you verify the status of your user account
- For purposes which are required by law:
- Where we need parental consent to provide online services to children under 16, or the relevant age below which parental consent is required. Some of our sites and apps are not designed for children under 16.
- In response to requests by government or law enforcement authorities conducting an investigation.
We retain personal data for so long as we think is reasonably necessary for the purposes described above. Such personally identifiable information may include: name, date of birth, email address, phone number, account registration information, account/username, password, password reminder questions and answers, credit card information (in limited circumstances), bank account information (in limited circumstances), mailing address and information about your interests in and use of various products, programs, and services) you voluntarily provide.
- To fulfil a contract, or take steps linked to a contract;
INFORMATION WE RECEIVE FROM THIRD PARTIES
Sometimes, third party ad servers may present or serve advertisements, provide us with data collection, reporting, ad response measurement, and site analytics, and assist with delivery of relevant marketing messages and advertisements. These third parties may view, edit, or set their own cookies. They may also collect information concerning your online activities over time and across different websites. The information they may collect includes the other sites you have visited or applications that you have downloaded to your mobile device, and other information about you or your device in order to help analyze and serve anonymous targeted advertising. For more information about third-party ad servers and your ability to opt-out of targeted advertising from such third parties, please visit the Network Advertising Initiative (www.networkadvertising.org) and/or the Self-Regulatory Program for Online Behavioral Advertising (www.aboutads.info/choices). If you participate in activities on non-SPE sites or apps - such as participating in a Facebook application - you may allow us to have access to personal data held by Facebook, or other site or app owners.
We will also receive personal data about you if individuals give us access to their profiles, or similar features, on non-SPE sites or apps, and you are one of their "connections".
Some of our Content has 'send to a friend' features. The ‘send to a friend’ feature is when users can ask us to send features to their friends. If a friend asks us to send you a feature, then we will process your contact details (i.e. email address). The contact details are only used to send you the feature and we do not retain the contact detail. If you want to use this feature, you should only provide your friend's contact details to us when you know they would like to hear from us. Your friend will know that you provided their contact details to us.
If we provide online services to a child where we need parental consent for this, we may ask for a parent's email address, in order to obtain the consent.
COOKIES AND SIMILAR TRACKING TECHNOLOGY
Cookies are small information files that our Service, Site, Content, and Features may place on your computer or other device. Cookies by themselves do not provide Trace with personally identifiable information. However, once you choose to furnish us with personally identifiable information, this information may be linked to the data stored in a cookie. In many instances, you can turn off cookies in your web browser (see your browser’s manual or help file for instructions), but if you do turn off cookies you may not be able to access parts of the Service, Site, Content, and Features where cookies are used.
Cookies and similar tracking technologies allow us to recognise you when you visit a site, or app, or open an email – they do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving your experience.
We use tracking technologies for three purposes:
- To provide you with the service you have requested: for example, keeping you logged in during your visit and ensuring security of the Content.
- To show adverts that are more relevant to your interests: for example, with your consent, we use tracking technologies to remember Content that has interested you and then use this to help us serve more relevant ads to you, including when you are on another site. Tracking technologies also help limit the number of times that you see an ad, measure the effectiveness of advertising campaigns and help us and others track whether ads have been properly displayed so we can pay for this. We also allow other organisations to use tracking technologies for these advertising purposes too.
- To analyse and improve your experience: to analyse which Content is most popular and gets viewed the most and which gets viewed the least on our websites and in our emails (where you have chosen to receive emails from us), and to provide us with general information about users of the Content (such as age, gender and interest areas). We also check for bugs and glitches in the Content and remember the choices you have made, such as your language or region, to enhance and personalise your experience. We use analytics services provided by Adobe and Google to help us do this. If you don’t want us to use information about your visits in this way, click here for Adobe and here for Google, to opt-out of their services.
How to manage tracking technologies
If you are using our Content via a browser you can change your cookie preferences and withdraw your consent at any time by changing the settings. In addition:
- the Help menu on the menu bar of most browsers tells you how to prevent your browser from accepting new cookies, how to delete old cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether
- you can opt-out of analytics as described above.
We use Flash cookies to provide some Content such as video clips or animation. Flash cookies are managed through the Flash Player Settings Manager, which is a different interface than the one provided by your web browser. This Settings Manager lets you manage global privacy settings, storage settings, security settings, and automatic notification settings. Beginning with Flash Player 10.3, the Flash Player Settings Manager can be accessed locally on your computer: in the Control Panel on Windows and in System Preferences on Mac. Users of other operating systems and earlier versions of the Flash Player should manage their global privacy settings using the Flash Player Settings Manager provided online from Adobe: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager06.html
PS4, Apple iOS and Android Devices
By accessing certain applications from these devices, you consent to cookies being stored to your device for the following purposes: keeping you logged in, managing parental control PINs, analytics and advertising. These cookies are essential to the operation of the application. It is not currently possible to opt out or remove these cookies from the devices without deleting the application.
- HOW WE SHARE YOUR PERSONAL DATA
Trace may disclose personally identifiable information and non-personally identifiable information to:
- distributors, contractors and third party agents we engage to provide services for Trace. Examples of these services include: (a) payment processing and authorization, and (b) fraud protection and credit risk reduction These third parties may have access to this Service’s user information, including PII, to the extent it is needed to perform their duties and functions.
- corporate affiliates of Trace to identify products and services that may be of interest to you, for research, analysis and to assist in the improvement of our Service or those of our affiliates, and in connection with promotions conducted by us, by our affiliates, or jointly.
- We use payment information, such as credit card numbers and addresses to help provide the Service. For example, we use payment information to process payments from a subscriber (we use a third-party payment processor to do this), to retrieve account information for a subscriber, to determine whether a subscriber is eligible for particular promotions, and to detect abuse of the Service
If we ask you for consent to share your personal data with third parties for their own marketing purposes, and if you give consent, we will share personal data with these third parties. We do not share your personal data with third parties for their own marketing unless you agree to this.
If you register for a promotion, such as a competition, prize draw or contest, which is administered by a third party, your personal data will be disclosed to the organiser for them to administer the promotion. This may also mean that your personal data will be included on a winners list.
If you submit Content to a site or app this will be disclosed publicly.
We share data with third parties who perform functions on our behalf, such as hosting or operating our site and apps, sending e-mails, and carrying out data analysis. Where you make a purchase on one of our sites or apps, we will share your personal data with third parties to process your card payment and deliver your order.
We share your personal data with other Trace entities, which are involved when we process data for the purposes listed at section 1 above. Where you give permission via the registration process or cookie consent tool, we will also share your personal data with other Trace affiliates for them to use for direct marketing purposes.
Trace or any of its assets, including the Content, may be sold, or other transactions may occur in which your personal data may be considered one of the business assets of the transaction. In this case, your personal data may be transferred, either as part of the transaction or during any due diligence process.
We share information with government and law enforcement authorities and with other parties involved in, or contemplating, legal proceedings to comply with a legal obligation, when we believe in good faith that the law requires it, or where this is necessary for us or for third parties to protect our or their rights, property, safety, or security.
Our sites and apps are hosted and operated in the United Kingdom. Your personal data will be transferred to and processed in the United Kingdom where the privacy laws may vary in other countries. We use Standard Contract Clauses approved by the European Commission to protect your personal data. If you would like a copy of those or have other queries, please contact us at firstname.lastname@example.org
AMENDING OR REMOVING YOUR PERSONAL DATA, CONTROLLING MARKETING COMMUNICATIONS, OTHER PRIVACY QUESTIONS AND RIGHTS
You have the right to access your personal data and, if necessary, have it amended or deleted or restricted. You may also ask us to provide some types of personal data to you, or another organisation nominated by you, in a structured and machine-readable format.
You can also ask us not to send marketing communications and not to use your personal data when we carry out profiling for direct marketing purposes. You can opt out of receiving email newsletters and other marketing communications by following the opt-out instructions provided to you in those emails. If you sign up to receive SMS or MMS messages, you can unsubscribe from those messages received by replying "STOP." Transactional account messages will be unaffected if you opt-out from marketing communications.
This Privacy and Cookies Policy applies to Trace. For more details or any privacy questions please contact us at the office below:
TRACE UK WOLRD LIMITED
36-38 Westbourne Grove
Newton Road, London
Greater London W2 5SH
You also have a right to submit a complaint to a supervisory authority for data protection in the country where you live, where you work, or where you consider that a breach of data protection has occurred – although we hope that we can assist with any queries or concerns you may have about our use of your personal data.
- CHANGES TO THIS POLICY.
We reserve the right to change the terms of this Privacy and Cookies Policy at any time, by prominently posting notice of the amendment on the site or app. To the extent permitted by law, these changes will apply from the time they are posted.
Effective Date: This Privacy and Cookies Policy was updated 18 December 2018 and is effective as of that date.
- REPRESENTATIONS AND WARRANTIES.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL TRACE, ITS DISTRIBUTORS, PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS, EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AND EMPLOYEES OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE, SITE, CONTENT OR FEATURES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE COLLECTION OR USE OF INFORMATION FROM YOU IN CONNECTION WITH YOUR USE OF THE SERVICE, SITE, CONTENT OR FEATURES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO AN EVENT OF FORCE MAJEURE.THE ABOVE LIMITATIONS OF LIABLITY WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
- FORCE MAJEURE
- GOVERNING LAW
This agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England, regardless of the laws that might otherwise govern under applicable principles of conflicts of laws thereof. The parties agree that any dispute, claim or controversy arising out of or relating to this agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in London. The arbitration shall be administered by JAMS pursuant to its expedited procedures set out in the JAMS Comprehensive Arbitration Rules and Procedures.