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Privacy Policy
PLEASE READ. Your
Use of this site is subject to the following Privacy Policy
statement and the web site Terms of Service.
Notice
This Web site is
operated by Xanthe Films LLC., and/or its subsidiary companies in
the United States of America (collectively, “XF”). This privacy
policy (“Privacy Policy”) applies to information that you provide to
XF via this site, and/or by use of other services (collectively, the
“Services”) that may be provided by other means or media, including
as set forth below and as defined in the applicable Terms of Service
or other terms.
This Privacy
Policy is intended to provide you notice of XF’s information
management practices, including the types of information gathered,
how it is used and safeguarded, and the degree to which you may
control the maintenance and sharing of your information. Your use of
any XF Service or Web site constitutes acceptance of this Privacy
Policy and any other applicable terms. The
Terms of Service
for this Web site are hereby incorporated by
reference.
Personally Identifiable Information That We Collect
XF respects your privacy and is committed to protecting personally
identifiable information that you provide in connection with your
use of its Web sites and Services.
E-mail
Newsletter Subscriptions
To subscribe to our e-mail newsletters, you will need to provide
your e-mail address. You may also be asked for other information
when you subscribe.
User
Accounts
In order to use our chat rooms, message boards, and certain other
Services, you will need to register and create a user account ("User
Account"). There is no cost to create a User Account in most cases.
You may be asked to choose a user name, screen name, or member name
(each, a "User Name") and password. Please do not use your real name
or the real name of another person when selecting a User Name. You
will also be asked to provide certain personally identifiable
information and other information about yourself, such as your first
and last name, date of birth, address, telephone number, and e-mail
address.
Please note that your User Name will be
available to the Internet's general public while you participate in
some Services, like chat rooms or message boards, so you should
exercise discretion when using these Services. This Privacy Policy
does not apply to any information you may disclose publicly in such
Services. In some instances, you may choose to create a "Public
Profile" that will be available to others on the Internet. Public
Profiles are managed entirely by you, and you are solely responsible
for your Public Profile's content and its "public" or "private"
status. You are also responsible for maintaining and updating the
registration information in your User Account with current and
complete information. You may access, edit or remove your Public
Profile by signing in to your User Account and following the
directions there. You can also send an e-mail to
info@xanthefilms.com
to request deactivation of your User Account.
Special Promotions and
Purchases
To participate in some Services such as sweepstakes, contests and
surveys ("Special Promotions"), or to make online purchases
("Purchases"), you will need to provide personally identifiable
information, such as name, mailing address, e-mail address, phone
number, and date of birth. Your information may be collected by XF
or by a third party, such as a co-sponsor or a vendor involved in,
or providing services in connection with, a Special Promotion, or an
e-commerce partner in the case of a Purchase (e.g., www.Tower.com or
www.yahoo.com).
If you make a Purchase or enter a sweepstakes or other Special
Promotion on one of our sites or through our Services, XF will
collect your personally identifiable information, and you are deemed
to consent to us providing your information to third parties who
provide certain services such as processing of credit card
transactions, customer service, promotion or sweepstakes
administration, order fulfillment and/or prize delivery, as
applicable. (As more fully described below in Use, Disclosure, and
Sharing of Information - Personally Identifiable Information, these
third parties are prohibited from using this information for their
own marketing purposes and/or from sharing, selling, or otherwise
distributing any personal data of our customers, unless you choose
to opt in for such additional uses and/or disclosure by the third
parties, under their respective privacy policies.)
If you make a purchase or enter a promotion (such as a sweepstakes)
in which XF is participating on a third party's Web site (or through
some other means or medium), we will collect your information from
the third party only if you opt-in to receive additional
communications from us, or we are required to fulfill some function
in relation to your activity (e.g., to send your order or deliver a
prize).
Information
Collected by Other Means or Media
In some situations, we may also collect personally identifiable
information and other information about you through other means,
directly or indirectly. For example, if you access any XF content,
or purchase such content via your wireless carrier or through
another third party, XF may collect information directly from you or
through the third party. Likewise, if you use our software, or
provide information to other companies who share information about
their customers, we may collect additional information about you. In
each of these cases, XF will apply this policy to any personally
identifiable information.
Information About Other People
Some XF sites and Services may ask you to submit personally
identifiable information about other people. For example, you might
submit a person's name and other personally identifiable information
if you purchase a gift and want to have it sent directly to the
recipient. A record of that transaction will be maintained as
allowed and/or required by law.
Customer Service
Some Services may offer support and technical assistance through
customer service centers via telephone, online chat, or e-mail.
Whenever you communicate with customer service, you do so with the
understanding that an operator may view and make changes to the
information in your User Account in order to provide the assistance
that you need.
Non-Personally Identifiable Information That We Collect
As part of the registration process for some Services, you may be
asked to provide information that does not personally identify you.
For example, you may be asked to provide information concerning your
film, music or other entertainment preferences, purchasing habits,
and the like. This information is generally optional but may be
included in your User Account profile. XF requests this information
to understand you better and to also bring to your attention new
services, programs, or offers that may be of interest to you.
In many cases, XF will automatically collect certain non-personally
identifiable information about your use of its sites and Services.
XF might collect, among other things, information concerning the
type of Internet browser or computer operating system you are using,
the domain name of your Internet service provider, your "click path"
through the XF sites or "click-through" from an e-mail, the Web site
or advertisement that was linked to or from the XF site when you
visited, and your IP address. To do this, XF may use cookies and
other technology (see below). If you are using our wireless
Services, we may also automatically collect information such as the
type of wireless device you are using, your mobile identification
number (assigned by your telecommunications carrier) and
telecommunications carrier. Your use of our Web sites and Services,
and information provided through these technologies, will be
anonymous unless you provide us with personally identifiable
information or have provided such information in the past.
Cookies and Related Technology
XF Web sites, and some Services and advertisements may contain
"cookies," clear gifs (also known as web beacons or web bugs), or
similar technology. A cookie is a piece of data that is sent to your
Internet browser, which will store the cookie on your computer if
your browser is enabled to accept cookies. Web beacons assist in the
delivery of cookies and the collection of non-personally
identifiable information, such as "click path" and other data as
described above.
XF uses cookies, clear gifs, frames, server log analysis and other
technologies as they are developed to customize your experience with
our sites and Services.
Most Internet browsers will allow you to erase cookies from your
computer hard drive, block acceptance of cookies, or receive a
warning before a cookie is stored. You should refer to your browser
instructions or "Help" screen to learn more about how to manage
cookies. Please note, however, that if you block cookies, some
portions of the XF Web sites and Services may not function properly.
XF does not control cookies in third party ads, and visitors are
encouraged to check the privacy policies of advertisers and/or ad
services to learn about their use of cookies and other technology.
The ads appearing on our Web sites may be delivered to you by
third-party advertising companies. XF's Privacy Policy does not
cover the use of information collected from you by third party ad
servers. These companies may use information (not including your
name, address, e-mail address or telephone number) about your visits
to this and other Web sites in order to provide advertisements on
this site and other sites about goods and services that may be of
interest to you.
Special
Notice Regarding Children Under 13
XF recognizes the sensitivity of personally identifiable information
concerning children under the age of 13 and therefore provides this
Special notice. XF is committed to complying with all applicable
laws and regulations regarding children, including the Children's
Online Privacy Protection Act ("COPPA"). Except in limited
circumstances allowed by COPPA, XF will not knowingly collect,
maintain, or disclose any personally identifiable information from a
child under 13 without first obtaining consent from that child's
parent or legal guardian.
If you are the parent or guardian of a child under 13, and your
child would like to participate in certain Services for which COPPA
requires your consent (and XF has chosen to make such Services
available to children in this age group), your child will be
prompted to print out a form for you to complete and mail in to XF.
The form will list the information required from both
parent/guardian and child, as well as the intended uses of the
information. XF will only collect information that is reasonably
necessary for your child to participate, and XF will not share your
child's personally identifiable information with any third party
(except for purposes of fulfillment by a third party that has agreed
to protect the information in accordance with this Privacy Policy),
unless you specifically consent, or as permitted by COPPA or other
applicable law. You may also subsequently revoke your consent and
request that your child's information be removed from XF's active
list. Please refer to the form for instructions and further
information.
If you are a parent or guardian who has discovered that your child
under the age of 13 has submitted his or her personally identifiable
information without your permission or consent, XF will make
reasonable efforts to remove the information from its active list,
at your request. To request the removal of your child's information,
please send an e-mail to
info@xanthefilms.com
and be sure to include in your message the
same User Name and password and/or e-mail address that your child
submitted.
XF encourages parents and guardians to spend time online with their
children to become familiar with the types of content available on
the XF Web sites and the Internet generally.
Use, Disclosure, and Sharing of Information
Non-Personally Identifiable Information
From time to time, XF may use and share with third parties
aggregate, non-personally identifiable user information to show
general demographic and preference information among users of the XF
Web sites.
Personally Identifiable Information
XF uses information about you to deliver the Services that you
request, to keep you informed about changes affecting our Services
or your account, to inform you of other Services or offers in which
you might be interested, and to improve and enhance our sites and
Services. If you provide XF with personally identifiable
information, we will take all reasonable and appropriate steps to
protect it from unauthorized disclosure.
If you opt in to receive e-mail from us, you can always opt out of
future marketing messages by following the directions in each
message to "unsubscribe." However, if you choose to opt out of
marketing messages, we reserve the right to contact you regarding
your account status, technical support, product information, changes
to account terms, and any other matter that might affect our service
to you and/or any products you purchased from us or registered with
us, as applicable.
As stated in the Terms of Service, you will be deemed to have
consented to the disclosure to, and use by, a subsequent owner or
operator of a XF Web site or Service, of any information about you
contained in the applicable XF database, if XF or one of its
companies assigns its rights and obligations regarding any of your
information at the time of a merger, acquisition, or sale of all or
substantially all of XF's or such XF company's assets related to the
applicable site or Service to a subsequent owner or operator. In the
event of such a merger, acquisition, or sale, your continued use of
the site or any related Service signifies your agreement to be bound
by the Terms of Service and Privacy Policy of the site's or
Service's subsequent owner or operator.
The XF companies may work together in order to provide portions of
the XF sites and some Services (e.g., to fulfill prizes won in a
sweepstakes, or to provide other support for a Service). These
companies will handle your personally identifiable information in
accordance with this Privacy Policy.
As stated above in Personally Identifiable Information That
We Collect - Special Promotions and Purchases, XF may also
work with third parties to provide some Services on our sites. In
connection with those Services, you are deemed to consent to us
sharing your information with third parties who provide services
such as processing of credit card transactions, customer service,
promotion administration, order fulfillment and/or prize delivery,
as applicable. Third parties who provide, or participate in,
Services on XF sites are prohibited from using our customers'
personally identifiable information for marketing purposes and/or
from sharing, selling, or otherwise using such information, unless
you choose to opt in to marketing, sharing, or other uses by the
third parties. If you do not want your information to be
used for marketing (or other purposes unrelated to the provision of
XF Services) by a third party who participates in a Service on one
of our sites, do not opt in to such use by that third party when you
register to participate in the Service.
Please note that whenever you opt in to receive future
communications from a third party, your information will be subject
to the third party's privacy policy. If you later decide that you do
not want that third party to use your information, you will need to
contact the third party directly, as we have no control over how
third parties use information. You should always review the privacy
policy of any party that collects your information to determine how
that entity will handle your information.
XF will not share, sell, rent, or disclose any personally
identifiable information that we have collected except as stated
herein, or in the following instances: 1) we have been given your
consent to disclose; 2) we have previously informed you of the
disclosure, including by means of our Privacy Policy or on the Web
site, or through the Service where you provided your information; 3)
we are required by law, legal process, or court order to disclose;
4) disclosure is necessary to identify, contact, or bring legal
action against someone who may cause or be causing harm to, or
interference with, XF's rights or property, other XF Web site users,
or anyone else; or 5) to respond to an inquiry, request or complaint
that you have made. XF may also use IP addresses in cooperation with
Internet service providers to identify users if we deem it necessary
to comply with law, to enforce compliance with this Privacy Policy
or our Terms of Service, or to protect our sites, customers, or
others.
Our
Commitment to Data Security
While XF takes reasonable and appropriate precautions to protect
your personally identifiable information from unauthorized
disclosure and to prevent possible security breaches in our Web
sites, Services, and customer databases, no Web site, Internet
transmission, computer system, or wireless connection is completely
secure. Consequently, XF cannot guarantee that unauthorized access,
hacking, data loss, or other breaches will never occur. Your use of
the XF sites and Services is at your own risk. XF urges you to take
steps to keep your information safe by memorizing your password or
keeping it in a safe place (separate from your account information),
logging out of your User Account, and closing your Web browser.
Whenever you give XF sensitive or confidential information (for
example, credit card numbers for Purchases), XF will take
commercially reasonable steps to protect the information by
establishing a secure connection with your Web browser. XF employs a
security technology known as a secure-socket-layer ("SSL") to
protect the transmission of payment information to the site. Unless
otherwise specified herein or on the site where you make a Purchase,
credit card numbers are used only for payment processing and are not
retained for marketing purposes.
Hyperlinks To and From Other Sites
XF sites may frame, and/or contain links to, or advertisements
about, non-XF Web sites. Other sites may also reference, advertise,
or link to XF sites. XF does not endorse or sponsor other Web sites,
is not responsible for the privacy practices or the content of non-XF
sites, expressly disclaims any statements or assertions made on such
Web sites, and denies all liability associated with your use of, and
the content on, such other sites and advertisements.
Consent to Processing in the United States
By providing any personally identifiable information to XF, all
users, including, without limitation, users in the member states of
the European Union, fully understand and unambiguously consent to
this Privacy Policy and to the collection, storage, and processing
of such information in the United States of America.
Contact Us Regarding Privacy
XF is dedicated to protecting your personally identifiable
information and welcomes comments and questions on this Privacy
Policy. You may e-mail your questions or comments to:
info@xanthefilms.com
Notification of Changes
XF reserves the right to change this Privacy Policy and its Terms of
Service at any time. In case of any material change to the Privacy
Policy, we will replace the "Privacy Policy" link on the home page
of our sites with a link entitled "Updated Privacy Policy" for no
less than 30 days. All changes to the Privacy Policy and/or Terms of
Service will be effective when posted, and your continued use of any
XF site or Service after the posting will constitute acceptance of,
and agreement to be bound by, those changes.
Effective Date: March 31, 2006
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