This web site (the “Site”) is owned and operated by Dark Elegy Films (“DEF”, “we”, or “us”). This Privacy Policy (“Privacy Policy”) describes our information and privacy practices with regard to the Site, including the types of information we may gather from you and other visitors to the Site and how we may use and share that information. Except as specifically stated otherwise, this Privacy Policy applies only to information collected on this Site (however the Site is accessed or used, whether via personal computers, mobile devices or otherwise) or where we otherwise collect information online and specifically identify it as being subject to this Privacy Policy. This Privacy Policy does not apply to information collected offline by us.
This Privacy Policy, like the online medium itself, is subject to change, so we encourage you to review this Privacy Policy from time to time. We reserve the right to update or otherwise change this Privacy Policy at any time. We will post any changes here, and any changes will become effective immediately upon being posted unless we tell you otherwise. We will use your information in a manner consistent with the Privacy Policy in effect at the time you submitted the information unless we receive your consent to the new or revised privacy policy.
1. Personal Data We Collect (a) Active Collection of Personal Data. “Personal Data” is information that would allow someone to identify you personally. The types of Personal Data we collect from you via the Site will vary depending on the activity involved, but may include: first and last name, address, e-mail address, mobile phone number and phone number. We do not require that you provide Personal Data to obtain access to public parts of the Site, however, some areas of the Site may ask you to submit Personal Data in order for you to benefit from the specified features or to participate in a particular activity. Providing us with Personal Data about yourself is voluntary, and you can always choose not to provide certain information, but then you may not be able to take advantage of or participate in certain of the Site's features.
In addition, you may have the opportunity to provide us with the Personal Data, such as name, e-mail address and/or mobile phone number, of a friend, such as if you chose to send a friend an electronic greeting card, trailer or other special feature from our Site. The e-mail addresses or phone numbers you supply us for those activities will not be retained for other purposes unless we disclose otherwise at the time you provide such information. We encourage you to send such items only to recipients who are your friends or family or persons with whom you have a relationship.
(b) Active Collection From Third Parties. From time to time we may obtain Personal Data that has been collected by third parties For example, our co-promoters or sponsors may provide us with information, including Personal Data, about users that choose to participate in a promotional opportunity the co-promoter or sponsor is offering in connection with us. We may use such personal information in combination with Personal Data that we have collected from you on the Site, in which case we will apply this Privacy Policy to such. However, because this Personal Data is not collected on the Site, we are not responsible for the accuracy of this data or how such third parties collect and use such data.
2. Passive Collective of Non Personal Data. As you navigate through or interact with the Site, certain other information, such as log files, server logs and clickstream data (collectively, "Non Personal Data") can be passively collected (that is, gathered without you actively providing the information) using various technologies, such as cookies, Internet tags, web beacons, mobile devices or other technologies. We may use such Non Personal Data for many purposes including to provide better service to Site visitors, customize the Site based on your preferences, compile and analyze statistics and trends and otherwise administer and improve the Site for your use. Where we associate Non-Personal Data with Personal Data, we will treat all of that information as Personal Data. We may collect Non-Personal Data using various technologies described as follows:
(i) Cookies. Cookies are pieces of information that a website either transfers to your computer's hard drive (or other Internet-accessing device) or stores temporarily in your computer's memory for record-keeping purposes. We may use cookies for a number of purposes such as when we conduct sweepstakes to limit multiple registrations or to track usage patterns on the Site. While most browsers are set up to accept cookies, you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you decline to accept this Site's cookies, you may not be able to take advantage of or participate in certain features of this Site. We do not save Personal Data in cookies but we may link cookies to any Personal Data or other information we collect.
(ii) IP Addresses. An IP address is a number automatically assigned to your computer or network whenever you are on the Internet. When you request to view pages from this Site, our servers log your IP address. We may use IP address for a number of purposes, such as system administration, to report aggregate information to our business partners or to audit the use of the Site. We may associate your IP address with the Personal Data you provide.
(iii) Web Beacons. The Site's pages and any communications sent by the Site may contain a small graphic image called a web beacon, which is sometimes also called a "clear gif. Web beacons can be very small and invisible to the user, but, in general, any electronic image viewed as part of a web page or Site communication, including HTML based content, can act as a web beacon. We may use web beacons to count visitors to our Site or to monitor how visitors navigate our Site, and we may include web beacons in communications sent from the Site in order to count how many messages we sent were actually opened or acted upon.
(iv) Mobile Devices. Certain mobile service providers uniquely identify mobile devices and we will receive such information if you access the Site through mobile devices. Certain features of the Site may require collection of a mobile phone number and we may associate that phone number and other Personal Data to the mobile device identification information. Additionally, some mobile phone service providers operate a system that pinpoints the physical location of devices that use their service. Depending on the provider, we may automatically receive this information.
3. The Way We Use Personal Data.
(a) We retain and may use your Personal Data for many purposes, including:
• to send newsletters and other communications for which you have subscribed or agreed to receive;
• provide you with services or fulfill transactions that you have requested;
• send you offers or promotional materials on behalf of DEF or third parties;
• communicate with you regarding information, features or offers that we believe will be of interest to you;
• contact you regarding a Promotion in which you have participated;
• respond to your questions or other requests;• contact you with regard to your use of the Site, including, without limitation, changes to the Site's Privacy Policy, Terms of Use or other Site policies;
• to improve or customize the Site and its content, features and services;
• allow you to access specific sections of Site for which you have registered; or
• for other internal business purposes or for other purposes disclosed at the time you provide your Personal Data.
Additionally, where you have submitted information to us through the Site via a "contact us" or other similar mechanism, we will not use the information submitted by you to contact you for marketing purposes unrelated to your request.
(b) Please note that in accordance with our routine record keeping, we may delete certain records that contain Personal Data you have submitted through the Site. We are under no obligation to store such Personal Data indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Data. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.
4. How We Share Personal Data.
We may disclose Personal Data and Non Personal Data (collectively, “Information”) with third parties or nonaffiliated companies under the following circumstances:
(i) Service Providers. We may share Information with parties who work on our behalf to support our business needs or to provide a product or service for you on our behalf. Such parties may host and help manage the Site, send e-mail newsletters and/or other communications, provide wireless services on our behalf, clear and process credit card payments or perform other administrative services.
(ii) Marketing Purposes. There may be instances on the Site, such as in connection with a sweepstakes sponsored by or co-branded with a third party, where we may ask you if you would like us to share Personal Data with a particular party for their marketing purposes. We will share your Personal Data with that third party for marketing purposes only where you have opted in or otherwise you have indicated your consent. Please note that when you do agree that we may share your Personal Data with the third party for marketing purposes, your information will be subject to that third party's privacy policy. Therefore, you will need to contact that third party directly if you later decide that you do not want that third party to user your Personal Data.
(iii) Sale/Reorganization. We reserve the right to disclose and transfer Information about you (and you consent to such disclosure and transfer): (i) to a subsequent owner, co-owner or operator of the Site, including any applicable database; or (ii) in connection with a corporate merger, consolidation, restructuring, reorganization, issuance of securities, the sale of substantially all of DEF's stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process.
(iv) Legal and Safety Obligations. We may disclose your Information: (i) if we are required to respond to subpoenas, court orders, legal process or other valid law enforcement measures; (ii) at the request of governmental authorities conducting an investigation; (iii) when we believe in good faith that the law requires disclosure; (iv) to verify or enforce compliance with the Site's Terms of Useor other policies governing the Site; (v) whenever we believe disclosure is necessary to limit our legal liability or to protect or enforce the rights, interests, or safety of the Site, visitors to the Site or other third parties; or (vi) to respond to an emergency.
(v) Unlawful Access. Your Information may be disclosed to third parties (e.g., hackers) who unlawfully intercept or access Information or confidential transmissions.
(vi) Advertisers. We may disclose Non Personal Data, such as aggregate user data, to advertisers, business partners and other third parties.
(vii) Submissions. Pursuant to the Submissions Policy of our Terms of Use, we may publish your name, voice, likeness and other Personal Information in connection with any submissions you may make to the Site.
5. Linking to Third Party Websites. The Site may contain links to third-party websites, which may provide additional information, goods, services and/or promotions. For example, you may encounter links from sponsors or partners, which may include EPG's logo or other identifying marks as part of a co-branding arrangement. These third party websites are owned and operated independently of EPG, and may have their own separate privacy and data collection practices. EPG has no responsibility or liability whatsoever for the actions or policies of these independent websites, and is not responsible for the content or privacy practices of such websites, even where EPG has entered into a co-branding agreement with the third party website.
6. Communications; Unsubscribe. Users who receive a newsletter or other promotional/marketing communications from us and who wish to remove themselves from our mailing lists can do so by following the link provided in the communication received. However, even if you opt-out from receiving our newsletters or other marketing/promotional communications from us, we reserve the right to send you certain communications relating to our Site, such as service announcements, notices of changes to this Privacy Policy or our Terms of Use or similar administrative or transactional messages, without offering you the opportunity to opt-out of receiving such information.
8. Advertisements on the Site. Advertisements from third party advertisers ("Advertisers") may appear on the Site. Advertisers may compile information about the advertisements that appeared to you on the Site or others using your computer, and which advertisements you, or others using your computer, access. The Advertisers may use cookies, web beacons and other methods of passively collecting Information. The collection of Information through these methods may allow the Advertisers to track each time you are sent an online advertisement from that Advertiser. These Advertisers may use this information to deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy does not cover these methods for collecting information by these Advertisers or the use of the information collected by the Advertisers.
9. Data Security. While we have taken steps to protect the Personal Data we collect from you on the Site, you should keep in mind, however, that no Internet or wireless transmission is ever completely secure or error-free. In particular, e-mail or text messages sent to or from the Site may not be secure. Likewise, we cannot guarantee the security of any information that you disclose to us, or that we store internally, and you do so at your own risk. Please consider this when you choose the information, if any, you wish to transmit to the Site or to EPG through the Internet or wireless transmissions.
10. Children Younger than 13 Years. This Site is a general audience website that does not knowingly collect Personal Data from children younger than 13 years ("Child" or "Children"). If you are a Child younger than 13 years, please do not send any information about yourself to us. If we are notified that a Child has submitted Personal Data to the Site, we will delete that Child's Personal Data.
11. Visitors Residing Outside The United States, And Consent To Transfer. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Site or providing us with your information, you fully understand and clearly and intentionally consent to this Privacy Policy and to the collection, storage, and processing of such information in the United States.
12. How To Contact Us. If you have any questions, comments, requests, or concerns about this Privacy Policy, please contact us as at info@darkelegy.com
