SPE UK Privacy Policy
This UK Privacy Policy ("Privacy Policy") applies to the web sites, web pages, interactive features, applications, widgets, blogs, social networks and social network "tabs", alternative reality worlds, and other online or wireless offerings that post a link to this Privacy Policy, whether accessed via computer, mobile device or other technology (each individually, a "Site" and collectively, "Sites"). The Sites are offered by Sony Pictures Releasing (UK) and its subsidiaries or affiliated companies, including, without limitation, Columbia Pictures Corporation Ltd. (collectively, "SPE," or "we", "us", "our"). This Privacy Policy applies only to information collected by the Sites that post it and does not apply to information collected offline or otherwise outside of the Sites, unless specifically stated.
This Privacy Policy explains how we collect, use and share personal information from which you may be identified ("Personal Data"), provided by you to us when you access or use this Site. Please read this Privacy Policy carefully. In addition, please review the Site's Terms of Use, which govern your use of the Site and any content you submit to the Site.
We take our privacy obligations seriously, and we use the Personal Data you provide to us only for the purposes for which you have consented, and only as specified in this Privacy Policy. Before you submit Personal Data to us via the Site, you will be asked to give your consent to the collection, processing and use of your Personal Data by checking the appropriate box that appears on your screen. If you do not agree to the collection, processing and use of your Personal Data as described in this Privacy Policy, you may refuse to give your consent. In that case, you will not be able to use those parts of the Site that require your Personal Data for their performance, or upload any video images or photographs to the Site.
1. WHAT INFORMATION DOES THIS PRIVACY POLICY COVER?
This Privacy Policy covers the Personal Data that is collected on or through the Site, and from which a living individual may be personally identified. Personal Data is any information from which you may be identified, and includes, without limitation, your name, email or street address, telephone number and any photographs or video images that you may upload to the Site.
Information You Provide
We will collect Personal Data when you use the Site or its features to register for updates or to take part in interactive games, features or competitions or if you upload video recordings, photographs or other images or content from which you can be identified, or if you otherwise communicate or interact with us.
We may also collect other "non identifiable" information about you, such as demographic information (i.e., your age) or certain information about your preferences and interests. If we combine demographic or other non-identifying information we collect about you that allows you to be identified, we will treat the combined information as Personal Data.
Information You Disclose Publicly on the Site
The Site may allow you to submit certain user generated content ("User Generated Content") for public display on the Site. You should note that other people may be able to view your User Generated Content once it is uploaded to the Site, and may use or share it with third parties. We have no control over who views your User Generated Content, or any third party uses that are made of it. This Privacy Policy will not apply to third party uses of any User Generated Content after it is uploaded to the Site. Think carefully before you upload User Generated Content.
User Generated Content may be published in any media or format (currently existing or hereafter developed). We may also publish your name and likeness with your User Generated Content, and we may use your User Generated Content, or any portion of it, for advertising, marketing, publicity and promotional activities, for example via Facebook, Twitter, Foursquare, Gowalla and/or other social networking and/or geo-location sites or services. For full terms and conditions regarding User Generated Content you submit to the Site, please review the Site's Terms of Use.
Information We Collect Automatically
Whenever you visit or interact with the Site, we, as well as our service providers and/or third-party advertisers, may use a variety of technologies that automatically or passively collect information about how the Site is accessed and used ("Usage Information"). Usage Information may include, in part, browser type, operating system, the page served, the time, and the preceding page views. Usage Information is generally non-identifying, but if we associate it with other information so that you can be identified, we treat it as Personal Data.
We also automatically collect your IP address or other unique identifier ("Device Identifier") for the computer, mobile device, technology or other device (collectively, "Device") you use to access the Site. A Device Identifier is a number that is automatically assigned to your Device when you access a web site or its servers, and our computers identify your Device by its Device Identifier. Some mobile service providers may also provide us or our third-party service providers with information regarding the physical location of the Device used to access the Site.
Information We Receive From Third Parties
We may receive information about you from third parties. For example if you are on another website and you opt-in to receive information from us, that website might send us your email address and other information. Or, you might participate in a third party feature (such as one of our Facebook applications) through which you allow us to collect (or the third party to share) your Personal Data. Unless you have already consented to our using this Personal Data, we will use it only to contact you to ask if you would like to receive further communications from us. If you do consent to our use of your Personal Data it will (unless we advise you that other privacy terms apply to such Personal Data) be subject to the terms of this Privacy Policy.
Cookies and Other Tracking Technologies
The technologies used on the Site to collect Usage Information include cookies. A cookie is a small piece of data that is sent to your Device from a website and is stored on your Device's hard drive. Our cookies record information that does not identify you, about your visit to the Site, for example, so that we can personalize features for you. A flash cookie is a data file placed on a Device via the Adobe Flash plug-in that may be built-into or downloaded by you to your Device. We use "web beacons" and similar technology to assist with delivery of the cookie, and the collection of certain non Personal Data (such as your "click path").
We may ask for your consent to our use of certain types of cookies when you first enter the Site, by way of a "pop up." You can also set your Device to accept all cookies, to notify you when a cookie is used, or to reject all cookies. If you are asked for consent to our use of cookies, and don't give it, or if you choose to set your browser to reject all cookies, we won't be able to tailor your Site experience specifically for you, and you may not be able to take advantage of all of the Site's features. Further information about disabling general cookies, can be found in your browser settings. For information about disabling flash cookies, Adobe provides the following information http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.
Third Party Cookies
We may license technology to serve advertisements on the Site and within its videos and other content. In addition, we may use third party network advertisers to serve advertisements and third party analytics service providers to evaluate and provide us with information about the use of the Site to better understand who is using the Site, and how it is being used. For example, we may use Omniture, a web analysis service provided by Adobe, and/or Google Analytics, a web analysis service provided by Google, or other web analysis services. Google Analytics sets a cookie to collect and store anonymous information relating to your use of the Site (for example, time of visit, pages visited, IP address and type of operating system used) and to compile reports for us about activity on the Site. Google has developed a browser plug-in to allow you to opt out of Google Analytics' tracking software - see http://www.google.com/intl/en/analytics/privacyoverview.html for more information. To opt out of Omniture's cookie tracking, see http://omn.sonypictures.com/optout.html.
We do not share Personal Data with these third parties, but ad network providers, advertisers and/or analytics service providers may set and access their own cookies, web beacons and other technologies on your Device and they may otherwise collect or have access to information about you, including Usage Information.
Cookies and web beacons, including those set by third party advertisers, may be used to, among other things, target advertisements for products and services in which you might be interested, prevent you from seeing the same advertisements too many times, or to conduct research regarding the usefulness of certain advertisements to you. We may share Usage Information about visitors to the Site with third party advertising companies for the same purposes. We may use a variety of companies to serve advertisements.
You may wish to visit http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding the "opt-out" procedures of certain third party ad servers we may use.
By consenting to the use of cookies on the Site when asked, or by allowing the use of cookies and other tracking technologies on your Device, you are agreeing to our collection and use of information via cookies and other tracking technologies as detailed in this Privacy Policy.
2. CHILDREN'S PERSONAL DATA
Children Under the Age of 13
While we encourage parents to enjoy the Sites and their features with their children, we do not knowingly collect, use, maintain or disclose Personal Data of children younger than 13 years of age ("children"). Children can surf the Sites and play with the features, but they are not permitted to provide Personal Data.
If we learn we have collected Personal Data about a child, we will delete that Personal Data without delay. If you believe we have collected Personal Data about a child, please contact us by email at SonyPrivacy@spe.sony.com, or write to us at:
Sony Pictures Releasing (UK)
Sony Pictures Europe House
25 Golden Square, London W1R 9LU
Teens
SPE may require consent from parents before teens aged 13 to 16 provide Personal Data (which may include User Generated Content) through the Sites.
3. HOW WE USE YOUR INFORMATION
We will use information collected through the Sites to: (1) allow you to participate in the features we offer on the Site; (2) process your registration and/or upload your User Generated Content; (3) provide you with information that you requested or agreed to receive; (4) improve the Site and for internal business purposes; (5) contact you with regard to your use of the Site, and any changes to our policies; (6) tailor content, advertisements and offers we serve you; and (7) for purposes disclosed at the time you provide your Personal Data or otherwise with your consent.
If you use the Site to send a friend an invitation to participate in the Site, or send other SPE related communications, the information you provide is used on a one-time basis to facilitate the communication on your behalf, and is not used for any other marketing purposes unless we obtain consent from that person.
4. WITH WHOM DO WE SHARE YOUR PERSONAL DATA?
We may share non-personal information, such as aggregate user statistics, demographic information, and Usage Information with third parties. We may also share your information as disclosed at the time you provide your information, as set forth in this Privacy Policy and in the following circumstances:
Third Parties Providing Services On Our Behalf
We may from time to time employ third parties to perform functions on our behalf; examples include hosting or operating our Site, sending e-mail communications, and data analysis. We may share Personal Data with third parties in order for them to provide content or otherwise perform services for us.
Business Transfers
We may share your Personal Data with other entities affiliated with us for internal reasons, primarily for business and operational purposes. SPE or any of its assets, including the Site, may be sold, or other transactions may occur in which your Personal Data is one of the business assets of the transaction. In such case, your Personal Data may be transferred.
Competitions and Other Promotions
If you choose to register for a promotion, such as a competitions, prize draw or contest, your Personal Data may be disclosed to third parties for purposes of the administration of such promotion.
Legal Protections and Law Enforcement
We may transfer and disclose information, including your Personal Data, Usage Information and Device Identifier (including IP address), to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce the Site's Terms of Use or other applicable policies; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to this Site or the public. Pursuant to valid requests by law enforcement agencies, we may also use Device Identifiers to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies, in our discretion. Such disclosures may be carried out without notice to you.
5. ACCESSING OR UPDATING YOUR INFORMATION AND OPTING OUT FROM COMMUNICATIONS
You have the right to access your Personal Data held by us and, if necessary, have it amended or deleted. You can also request not to receive email communications and/or other marketing information from us. For more details please contact us by email at SonyPrivacy@spe.sony.com or write to us at:
Sony Pictures Releasing (UK)
Sony Pictures Europe House
25 Golden Square
London W1R 9LU
You should be aware that it is not always possible to completely remove or delete all of your information from our databases because of our data backup and archive system.
6. SECURITY
We incorporate commercially reasonable technical, organizational and administrative safeguards to help protect and secure your Personal Data. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and your use of the Site is at your own risk.
7. CONSENT TO TRANSFER
The Site is hosted and operated in the United States. Any Personal Data you provide will be transferred to and processed in the United States where the privacy laws may not be as comprehensive as those in the United Kingdom. By using the Site, and providing us with any information, you consent to the transfer of your information to, and its processing in, the United States.
8. AMENDING OR REMOVING YOUR PERSONAL DATA
You may ask us to modify or remove your Personal Data from any or all of our databases at any time by emailing us at SonyPrivacy@spe.sony.com, or writing to us at:
Sony Pictures Releasing (UK)
Sony Pictures Europe House
25 Golden Square, London W1R 9LU
9. NOTIFICATION OF CHANGES AND YOUR ACCEPTANCE OF THE PRIVACY POLICY; PRIVACY QUESTIONS
We reserve the right to change the terms of this Privacy Policy at any time, by prominently posting notice of the amendment on this Site. The changes will become effective fourteen days after posting and will apply to any Personal Data you provide to us after that date. If we make any changes to this Privacy Policy that materially impact the way that we collect, process or store your Personal Data, we will, to the extent that we have your email address, notify you by email. You will be given the choice at that time to consent to the use of your Personal Data in such manner.
10. GOVERNING LAW; ARBITRATION
The validity, construction, performance and enforcement of this Privacy Policy (and any claim, dispute or matter arising under or in connection with it or its enforceability) and any non-contractual obligations out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales. Any dispute shall be referred to and finally resolved by arbitration under the Rules of the London Court of International Arbitration as in force from time to time, which Rules are deemed to be incorporated by reference into this section. For the purpose of any such arbitration: (a) the number of arbitrators shall be one, who shall be a retired judge with at least 10 years experience in commercial matters (the parties shall discuss in good faith and shall use reasonable endeavours to agree a joint nomination within ten (10) days after submission of the request for arbitration); (b) the seat, or legal place, of arbitration shall be London, England; and (c) the language to be used in the arbitral proceedings shall be English. The parties hereby waive any rights of application to the English courts for determination of a point of law under section 45 of the United Kingdom Arbitration Act 1996. The arbitrator shall have the power to grant interim and permanent injunctions and other interim measures of relief which the arbitrator may in his or her discretion consider necessary. Neither party shall be entitled or permitted to commence or maintain any action in any court with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator's award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of the arbitrator, either party may seek interim relief in the High Court of Justice of England and Wales, or, if sought by SPE, such other court as may have jurisdiction over you in addition to the High Court of Justice of England and Wales, without SPE waiving its right to have any such dispute resolved by arbitration; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator's decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the High Court of Justice of England and Wales, or, if sought by SPE, such other court as may have jurisdiction over you in addition to the High Court of Justice of England and Wales, which may be made ex parte, for confirmation and enforcement of the award. The arbitration shall be conducted in complete confidence. The fact that there is a dispute between the parties that is the subject of an arbitration shall be confidential to the same extent. The parties undertake not to disclose details of the dispute or of the arbitration except to their professional advisers, and shall procure that their professional advisers do not disclose such details. The parties shall keep confidential and not use for any collateral or ulterior purpose all documents and materials relating to the dispute, produced for, or arising in relation to, the arbitration except: so far as is necessary to implement and enforce any agreement in writing settling a dispute; as required by court order; or otherwise as required by law. Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any motion picture, production or project related to SPE, its parents, subsidiaries and affiliates, or the use, publication or dissemination of any advertising in connection with such motion picture, production or project.