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Terms of Use
Effective from November 5 th, 2020
These Terms of Use, and any documents referred to herein, set out the terms and conditions on
which you are permitted to use our website efm.patheinternational.com (our Website). By using our
website, you agree to be bound by, and to comply with, these Terms of Use.
Please read these Terms of Use carefully. We recommend that you print off a copy of these Terms of
Use for your records, as well as any future versions of them, as we may update them from time to
time. YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSES 14 (EXCLUSIONS AND LIMITATIONS
OF LIABILITY), 15 (INDEMNIFICATION), 16 (DISCLAIMERS) AND 17 (AGE RESTRICTIONS ON USE OF
OUR WEBSITE).
If for any reason whatsoever you do not agree to these Terms of Use or do not wish to be bound by
them, you must not access or use our website.
Contents
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Our details
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Your responsibility for others who access our website using your device or internet connection
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Other documents governing your use of our website
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Availability of our website
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Changes we may make to these Terms of Use and other documentation
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Your account details
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Ownership of material on our website
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Information and content on our website provided on non-reliance basis
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Permitted use of materials on our website
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Prohibited uses of our website
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Viruses and other harmful content
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Links to other websites
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Links to our website
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Exclusions and limitations of liability
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Indemnification
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Disclaimers
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Age restrictions on use of our website
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Governing law and jurisdiction
- Copyright
1. Our details
1.1 Pathé Films (we, our and us) operates the website.
1.2 Pathé Films is a joint stock company incorporated in France (company number 780 077 921). Our registered address is 2 rue Lamennais – 75008 Paris.
1.3 Our contact telephone number is +33 (0)1 71 72 30 00 and our contact email address is [email protected].
2. Your responsibility for others who access our website using your device or internet connection
You must ensure that any persons who access our website on your computer(s) or device(s), or who are permitted or able to access our website on your computer(s) or device(s), or who use your internet connection, are aware of these Terms of Use and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms of Use. If for any reason whatsoever, such persons do not agree to these Terms of Use or do not wish to be bound by them, they must not access or use our website, and you must not permit them to do so.
3. Other documents governing your use of our website
3.1 In addition to these Terms of Use, your use of our website is also governed by the following documents:
(1.a) Our privacy policy, which is available at [INSERT the URL for Privacy Policy]. Our privacy policy governs our use of your information. It sets out the types of information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information.
(1.b) Our cookies policy, which is available at [INSERT the URL for Cookies Policy]. Our cookies policy governs our use of cookies and similar technologies on our website. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information relating to cookies, such as how to change your browser preferences and settings to accept or reject cookies.
3.2 By accessing and using our website, you agree to be bound by the terms and conditions contained in these Terms of Use, you acknowledge that we will process your information in accordance with our privacy policy, and our use of cookies and similar technologies in accordance with our cookies policy.
3.3 If you do not agree to the terms set out in these Terms of Use, or if you do not wish for us to process your personal information in accordance with our privacy policy, or if you do not agree to our use of cookies or other similar information-gathering technologies in accordance with our cookies policy, you must not use our website.
4. Availability of our website
4.1 We make no representations and provide no warranties that:
(1.a) the website will be made available at any specific time or from any specific geographical location;
(1.b) your access to the website will be continuous or uninterrupted; or
(1.c) the website will be accessible or optimised on all browsers, computers, tablets, phones or viewing platforms.
4.2 We reserve the right to suspend access to all or part of the website for any reason, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the website for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.
5. Changes we may make to these Terms of Use and other documentation
5.1 We reserve the right to update these Terms of Use, our privacy policy, our cookies policy and any other documentation referred to in any of these documents from time to time. We may change our Terms of Use and other documentation for any reason, including:
(1.a) to reflect any changes in the way we carry out our business;
(1.b) to account for any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the website;
(1.c) to accurately describe our current data-processing activities so that you are kept up to date with our latest practices;
(1.d) to inform you of any changes in the way that we use cookies or similar information-gathering technologies; or
(1.e) to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.
5.2 If required by law, we will provide you with notice of any changes in these Terms of Use or the other documentation referred to in them by posting a notice on the website and/or by posting an updated version of these Terms of Use or other such documentation on our website with a new effective date stated at the beginning of them.
5.3 By continuing to access our website after we have updated our Terms of Use you agree to be bound by those updated versions. You also acknowledge that by continuing to access our website after we have updated our privacy policy and/or our cookies policy, that the practices set out in those updated policies will apply to our handling of your information and our use of cookies and similar technologies.
5.4 You must check these Terms of Use and all other documentation referred to in them each time you access our website in order to ensure that you are aware of the terms that apply to you at that time.
5.5 The date that these Terms of Use and/or any other documents (including our privacy policy and cookies policy) were last amended is set out at the top of that document and is referred to as that document’s “effective date”.
6. Your account details
6.1 If we provide you with account information such as a user name, identification number, account code and/or password, you must keep such information confidential and secret and not disclose it to anyone. All account information is provided for use of the named account holder only, and not for any other person. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your account information to any third party.
6.2 Where we provide you with the option to select your own login information, including a password, we recommend that you supply login information unique to your own use of this website, and do not use information from other accounts you may hold with other websites or any easily discoverable information about you. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your login information to any third party.
6.3 You must never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You agree that you will not solicit, collect or use the login credentials of other individuals. We prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.
6.4 We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Terms of Use or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorised access to your account, or any unauthorised disclosure of your login information.
6.5 If you know or suspect that the confidentiality of your login information has been compromised, for example, by the disclosure of such information to any third party, you must immediately change your password. If you are unable to change your password, you must immediately notify us by email, at [email protected]
7. Ownership of material on our website
7.1 All trade marks, service marks, trade names, logos, copyright and other intellectual property rights in our website and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the website and its contents, other than as specifically authorised herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.
7.2 The trade marks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our website (collectively, “Third Party Mark(s)”) may be trade marks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms of Use, or in terms provided by the owner of a Third Party Mark, nothing in these Terms of Use or on or via the website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of our or any Third Party Marks that are used or displayed on the website, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trade marks will benefit us exclusively.
8. Information and content on our website provided on non-reliance basis
8.1 Our website is made available to you with a password sent to you by email, in order to provide you with general information about the line-up of Pathé Films within the framework of the EFM Market. On our website you may watch Pathé Films promoreels and trailers available on Vimeo. We do not make our website available for any other purposes, except as expressly provided in these Terms of Use.
8.2 The content on our website is not intended to be construed as advice. You must not rely on any of the content of our website for any purposes whatsoever, and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on our website at any time.
8.3 We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on our website from time to time are accurate, up to date or complete.
9. Permitted use of materials on our website
9.1 The content on our website is provided only within the framework of the EFM Market. You may not extract, reproduce or distribute the content of our website without our prior written consent.
9.2 Whenever you print, download, share or pass on content from our website to others, you must not make any additions or deletions or otherwise modify any text from our website, you must not alter or change any images, media or graphics from our website in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our website.
9.3 You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third party tools for the extraction or reproduction of any data or content from our website without our prior written consent.
9.4 Whenever you pass on any content or materials from our website to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials.
10. Prohibited uses of our website
10.1 You must not reproduce, duplicate, copy or resell any part of our website or any content from our website, save and except to the extent expressly permitted in these Terms of Use.
10.2 You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our website or any part of it, our systems, any of our hardware or equipment or any networks on which our website is hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.
10.3 You must use our website for lawful purposes only and in accordance with these Terms of Use. You must not use our website:
(3.a) for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;
(3.b) for any fraudulent purposes whatsoever;
(3.c) to conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorised by us;
(3.d) to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;
(3.e) to communicate with, harm or attempt to harm children in any way; or
(3.f) in any way or for any purpose that breaches these Terms of Use or the terms of any of the documents these Terms of Use refer to.
10.4 You must not submit any information about you to us if you are under the age of 18, or about any other person who is either:
(4.a) under the age of 18; or
(4.b) if they are aged 18 or above, where you have not received their prior written consent to submit information about them to us.
10.5 You must not submit to us any information which is considered ‘sensitive personal information’ as according to the European laws and regulations. ‘Sensitive personal information’ is information about you or any other person which reveals your or their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or which is genetic data, biometric data, information which concerns your or their health, sex life or sexual orientation.
10.6 If you accidentally or intentionally submit such information to us, you will be considered to have consented to our processing of that information on the basis of Article 9(2)(a) of the General Data Protection Regulation (Regulation (EU) 2016/769).
11. Viruses and other harmful content
11.1 We do not guarantee that our website does not contain viruses or other malicious software.
11.2 We shall not be responsible for any bugs or viruses on our website, or any software that might be transferred to your computer from our website, or any consequences which the presence or operation of such programs may have.
11.3 You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing device.
11.4 You must not upload or otherwise introduce to our website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.
11.5 You must not use any third parties, software or technology to attempt to gain unauthorised access to our website, our servers, systems, hardware, software or data.
11.6 You must not attempt to perform any denial of service type attack on our website.
11.7 We may report any breach or suspected breach of this clause 11 (Viruses and other harmful content) to the relevant authorities and may disclose your identity.
12. Links to other websites
13.1 You may not link to our website without our prior written consent.
13.2 Where you have obtained our consent to link to our website:
(2.a) you may provide links to our website on other websites owned by you, provided that such websites and the use of any links to our website comply with these Terms of Use;
(2.b) wherever you post a link to our website on any other website, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and
(2.c) you must not link to our website in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and in any event, without having first obtained our prior written consent.
13.3 We may withdraw permission to link to our website at any time. In the event that we withdraw permission to link to our website and inform you of the same, you must immediately remove or cause to be removed any links to our website.
13. Links to our website
13.1 You may not link to our website without our prior written consent.
13.2 Where you have obtained our consent to link to our website:
(2.a) you may provide links to our website on other websites owned by you, provided that such websites and the use of any links to our website comply with these Terms of Use;
(2.b) wherever you post a link to our website on any other website, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and
(2.c) you must not link to our website in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and in any event, without having first obtained our prior written consent.
13.3 We may withdraw permission to link to our website at any time. In the event that we withdraw permission to link to our website and inform you of the same, you must immediately remove or cause to be removed any links to our website.
14. EXCLUSIONS AND LIMITATIONS OF LIABILITY
14.1 We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.
14.2 Subject to the aforesaid, in no event shall we (including our parents, subsidiaries, affiliates, officers, directors, members, employees or agents) under any circumstances whatsoever be liable to you for any loss, damage (whether direct, indirect, punitive, actual, consequential, incidental, special, exemplary, or otherwise) costs, expenses, liabilities or penalties, whether in contract, tort, breach of statutory duty or otherwise, whether foreseeable or unknown, arising from, in connection with or relating to:
(2.a) Your use of our website;
(2.b) Any corruption or loss of data;
(2.c) Any inability to access our website, including, without limitation, any interruptions, suspension or withdrawal of our website (for any reason whatsoever);
(2.d) Any use you make of any content or materials on our website, including any reliance you make on such content or material;
(2.e) Any loss of savings, profits, sales, business or revenue;
(2.f) Any loss of reputation or goodwill;
(2.g) Any loss of savings;
(2.h) Any loss of a chance or opportunity; or
(2.i) Any other secondary, consequential or indirect losses,
And even if we have been advised of the possibility of such loss or damage, without limitation, you assume and shall be liable for the entire cost of all necessary servicing, repair or correction in the event of any such loss, damage, costs, expenses, liabilities or penalties arising.
14.3 We shall not be liable for any damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
14.4 You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
14.5 You agree that in the event that you incur any damages, losses or injuries arising out of, or in connection with, our acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by us, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by us.
14.6 to the extent that any of the provisions of this clause 14 (Exclusions and limitations of liability) are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.
15. INDEMNIFICATION
15.1 You (and also any third party for or on behalf of whom you operate an account or activity on the website) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the website or those conducted on your behalf):
(1.a) your uploads, access to or use of the website;
(1.b) your breach or alleged breach of these Terms of Use;
(1.c) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
(1.d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
(1.e) any misrepresentation made by you.
15.2 You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.
16. DISCLAIMERS
16.1 The website is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, we do not make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to:
(1.a) The service;
(1.b) The website content;
(1.c) User content; or
(1.d) Security associated with the transmission of information to the website.
In addition, we hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
16.2 We do not represent or warrant that the service will be error-free or uninterrupted, that defects will be corrected, or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses. We do not make any representations or warranties that the information (including any instructions) on the service is accurate, complete or useful. You acknowledge that your use of the website is at your sole risk. We do not warrant that your use of the website is lawful in any particular jurisdiction, and we specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these terms of use.
16.3 By accessing or using the website you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.
16.4 We do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of action of any kind or character based upon or resulting from any content.
17. AGE RESTRICTIONS ON USE OF OUR WEBSITE
17.1 Our website and any products or services available on or via the website are not intended for use by individuals under the age of 18.
17.2 We do not knowingly or intentionally process information about any individual under the age of 18.
18. Governing law and jurisdiction
18.1 These Terms of Use, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with French law.
18.2 The courts of Paris shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms of Use and any documents they refer to.
19. Copyright
19.1 The copyright in these Terms of Use is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. Unless expressly indicated otherwise, all intellectual property rights in this document and elsewhere on our website, including any content on our website, are reserved.
©Pathé Films
Privacy Policy
Effective from November 5th, 2020
This Privacy Policy sets out how we, Pathé Films, collect, store and use information about you when you use or interact with our website, efm.patheinternational.com (our website) and where we otherwise obtain or collect information about you.
Contents
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Summary
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Our details
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Information we collect when you visit our website
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Information we collect when you contact us
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Information collected or obtained from third parties
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Our use of profiling
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Disclosure and additional uses of your information
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How long we retain your information
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How we secure your information
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Transfers of your information outside the European Economic Area
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Your rights in relation to your information
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Your right to object to the processing of your information for certain purposes
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Sensitive Personal Information
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Changes to our Privacy Policy
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Copyright
Summary
This section summarises how we obtain, store and use information about you. It is intended to provide a very general overview only. It is not complete in and of itself and it must be read in conjunction with the corresponding full sections of this Privacy Policy.
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Data controller: Pathé Films SAS
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How we collect or obtain information about you:
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when you provide it to us (e.g. by logging in or by contacting us),
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from your use of our website, using cookies and similar technologies, and
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occasionally, from third parties.
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Information we collect: your email addresses, IP address, information from cookies, information about your computer or device (e.g. device and browser type), information about how you use our website (e.g. which pages you have viewed, the time when you view them and what you clicked on, the geographical location from which you accessed our website based on your IP address).
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How we use your information: for statistical purposes, to improve our website, to analyse your use of our website, and in connection with our legal rights and obligations.
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Disclosure of your information to third parties: only to the extent necessary to enable you to watch the Pathé Films promoreels and trailers and where required by law or to enforce our legal rights.
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Do we sell your information to third parties (other than in the course of a business sale or purchase or similar event): No
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Use of automated decision-making and profiling: we use profiling through our use of web analytics. We do not use automated decision-making.
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How long we retain your information: the personal data that we collect are anonymised since it is aimed at statistical purposes only.
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How we secure your information: using appropriate technical and organisational measures such as storing your information on secure servers, only granting access to your information where necessary.
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Use of cookies and similar technologies: we use cookies and similar information-gathering technologies including functional and analytical cookies. For more information, please visit our cookies policy here: [insert URL to Cookies Policy of the website].
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Transfers of your information outside the European Economic Area: In certain circumstances (e.g. with Google Analytics), we will transfer your information outside of the European Economic Area, including to the United States of America. Where we do so, we will ensure appropriate safeguards are in place.
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Your rights in relation to your information
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to access your information and to receive information about its use
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to have your information corrected and/or completed
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to have your information deleted
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to restrict the use of your information
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to receive your information in a portable format
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to object to the use of your information
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to withdraw your consent to the use of your information
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not to have significant decisions made about you based solely on automated processing of your information, including profiling
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to complain to a supervisory authority
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Sensitive personal information: we do not knowingly or intentionally collect what is commonly referred to as ‘sensitive personal information’. Please do not submit sensitive personal information about you to us.
Our details
The data controller in respect of our website is Pathé Films, a French joint stock company registered in Paris (company registration number: 780 077 921) under the address 2 rue Lamennais – 75008 Paris (France).
You can contact the data controller by writing to Pathé Films, 2 rue Lamennais – 75008 Paris (France) or sending an email to [email protected]
If you have any questions about this Privacy Policy, please contact the data controller.
Information we collect when you visit our website
We collect and use information from website visitors in accordance with this section and the section entitled.
Web server log information
We use a third-party server to host our website. Our website server automatically logs the IP address you use to access our website as well as other information about your visit such as the pages accessed, information requested, the date and time of the request, the source of your access to our website (e.g. the website or URL (link) which referred you to our website), and your browser version and operating system.
Our server is located in France.
Use of website server log information for IT security purposes
Our third party hosting provider collects and stores server logs to ensure network and IT security and so that the server and website remain uncompromised. This includes analysing log files to help identify and prevent unauthorised access to our network, the distribution of malicious code, denial of services attacks and other cyber-attacks, by detecting unusual or suspicious activity.
Unless we are investigating suspicious or potential criminal activity, we do not make, nor do we allow our hosting provider to make, any attempt to identify you from the information collected via server logs.
Legal basis for processing: compliance with a legal obligation to which we are subject (Article 6(1)(c) of the General Data Protection Regulation).
Legal obligation: we have a legal obligation to implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk of our processing of information about individuals. Recording access to our website using server log files is such a measure.
Legal basis for processing: our legitimate interests (Article 6(1)(c) of the General Data Protection Regulation).
Legitimate interests: we have a legitimate interest in using your information for the purposes of ensuring network and information security.
Cookies and similar technologies
Cookies are data files which are sent from a website to a browser to record information about users for various purposes.
We use cookies on our website, including functional and analytical cookies. For further information on how we use cookies, please see our cookies policy which is available here: [insert the URL to cookies policy].
You can reject some or all of the cookies we use on or via our website by changing your browser settings but doing so can impair your ability to use our website or some or all of its features. For further information about cookies, including how to change your browser settings, please see our Cookies policy.
Information collected or obtained from third parties
This section sets out how we obtain or collect information about you from third parties.
Information received from third parties
Generally, we do not receive information about you from third parties. The only personal data that we may received are statistical data (i.e. anonymised data) from Vimeo and Google Analytics.
Legal basis for processing: necessary to statistical purposes.
Use of profiling for web analytics
Our web analytics service, Google Analytics uses collects information such as your location (based on your IP address) and your behaviour (based on cookies) when you access our website (such as the pages you visit and what you click on). We will only process information from cookies if you have consented to us setting cookies on your computer in accordance with our cookies policy [insert the URL to cookies policy]. Information collected about you, once collected is anonymised and stored on an aggregate basis.
Logic involved: by automatically analysing and categorising information such as the location (based on IP address) as well as the behaviour and devices of visitors to our website (using cookies), we are able to gain a better understanding of what our website visitors want (in terms of the content of our website and our products), how to improve our website.
Significance and envisaged consequences: cookies will be used to track and store information about your behaviour and device on our website (unless you have opted out from receiving such cookies by using our cookie control tool) and your location will be analysed based on your IP address.
Legal basis for processing: legitimate interests (Article 6(1)(c) of the General Data Protection Regulation).
Legitimate interest: we have a legitimate interest in getting to know our website visitors’ preferences and improving our website’s effectiveness.
Disclosure of your information to service providers
We use a number of third parties to provide us with services which are necessary to enable you to watch the Pathé Films promoreels and trailers within the framework of The EFM Market and who process your information for us on our behalf. These include the following:
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Vimeo
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Google Analytics
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Web developer (France), and
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Hosting provider (France).
Your information will be shared with these service providers where necessary to provide you with the service abovementioned.
Legal basis for processing: legitimate interests (Article 6(1)(c) of the General Data Protection Regulation).
Disclosure of your information to other third parties
Providing information to Google Inc.
Google collects information through our use of Google Analytics on our website. Google uses this information, including IP addresses and information from cookies, for a number of purposes, such as improving its Google Analytics service. Information is shared with Google on an aggregated and anonymised basis. To find out more about what information Google collects, how it uses this information and how to control the information sent to Google, please see the following page: https://www.google.com/policies/privacy/partners/
Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest(s): meeting our contractual obligations to Google under our Google Analytics Terms of Service (https://www.google.com/analytics/terms/us.html).
You can opt out of Google Analytics by installing the browser plugin here: https://tools.google.com/dlpage/gaoptout
Transfer and storage of your information
Information collected by Google Analytics is stored outside the European Economic Area on Google’s servers in the United States of America.
Disclosure and use of your information for legal reasons
Indicating possible criminal acts or threats to public security to a competent authority
If we suspect that criminal or potential criminal conduct has been occurred, we will in certain circumstances need to contact an appropriate authority, such as the police. This could be the case, for instance, if we suspect that a fraud or a cyber-crime has been committed or if we receive threats or malicious communications towards us or third parties.
We will generally only need to process your information for this purpose if you were involved or affected by such an incident in some way.
Legal basis for processing: our legitimate interests (Article 6(1)(c) of the General Data Protection Regulation).
Legitimate interests: preventing crime or suspected criminal activity (such as fraud).
In connection with the enforcement or potential enforcement our legal rights
We will use your information in connection with the enforcement or potential enforcement of our legal rights, including, for example, sharing information with debt collection agencies if you do not pay amounts owed to us when you are contractually obliged to do so. Our legal rights may be contractual (where we have entered into a contract with you) or non-contractual (such as legal rights that we have under copyright law or tort law).
Legal basis for processing: our legitimate interests (Article 6(1)(c) of the General Data Protection Regulation).
Legitimate interest: enforcing our legal rights and taking steps to enforce our legal rights.
In connection with a legal or potential legal dispute or proceedings
We may need to use your information if we are involved in a dispute with you or a third party for example, either to resolve the dispute or as part of any mediation, arbitration or court resolution or similar process.
Legal basis for processing: our legitimate interests (Article 6(1)(c) of the General Data Protection Regulation).
Legitimate interest(s): resolving disputes and potential disputes.
For ongoing compliance with laws, regulations and other legal requirements
We will use and process your information in order to comply with legal obligations to which we are subject. For example, we may need to disclose your information pursuant to a court order or subpoena if we receive one.
Legal basis for processing: compliance with a legal obligation (Article 6(1)(c) of the General Data Protection Regulation).
Legal obligation(s): legal obligations to disclose information which are part of the laws of France, or if they have been integrated into the French legal framework.
How long we retain your information
This section sets out how long we retain your information. We have set out specific retention periods where possible. Where that has not been possible, we have set out the criteria we use to determine the retention period.
Retention periods
In any other circumstances, we will retain your information for no longer than necessary, taking into account the following:
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for statistical purposes : see Google Analytics Terms of Use , see Vimeo Terms of Use.
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whether we have any legal obligation to continue to process your information (such as any record-keeping obligations imposed by relevant law or regulation);
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whether we have any legal basis to continue to process your information (such as your consent);
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how valuable your information is (both now and in the future);
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any relevant agreed industry practices on how long information should be retained;
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the levels of risk, cost and liability involved with us continuing to hold the information;
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how hard it is to ensure that the information can be kept up to date and accurate; and
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any relevant surrounding circumstances (such as the nature and status of our relationship with you).
How we secure your information
We take appropriate technical and organisational measures to secure your information and to protect it against unauthorised or unlawful use and accidental loss or destruction, including:
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only sharing and providing access to your information to the minimum extent necessary, subject to confidentiality restrictions where appropriate, and on an anonymised basis wherever possible;
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using secure servers to store your information;
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verifying the identity of any individual who requests access to information prior to granting them access to information; and
Transmission of information to us by email
Transmission of information over the internet is not entirely secure, and if you submit any information to us over the internet (whether by email, via our website or any other means), you do so entirely at your own risk.
We cannot be responsible for any costs, expenses, loss of profits, harm to reputation, damages, liabilities or any other form of loss or damage suffered by you as a result of your decision to transmit information to us by such means.
Transfers of your information outside the European Economic Area
Your information will be transferred and stored outside the European Economic Area (EEA) in the circumstances set out below.
We will also transfer your information outside the EEA or to an international organisation in order to comply with legal obligations to which we are subject (compliance with a court order, for example). Where we are required to do so, we will ensure appropriate safeguards and protections are in place.
Google Analytics
Information collected by Google Analytics (your IP address and actions you take in relation to our website) is transferred outside the EEA and stored on Google’s servers. You can access Google’s privacy policy here: https://www.google.com/policies/privacy/
Country of storage: United States of America. This country is not subject to an adequacy decision by the European Commission.
Safeguard(s) used: Google has self-certified its compliance with the EU-U.S. Privacy Shield which is available here: https://www.privacyshield.gov/welcome. The EU-U.S. Privacy Shield is an approved certification mechanism under Article 42 of the General Data Protection Regulation, which is permitted under Article 46(2)(f) of the General Data Protection Regulation. You can access the European Commission decision on the adequacy of the EU-U.S. Privacy Shield here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.html
Your rights in relation to your information
Subject to certain limitations on certain rights, you have the following rights in relation to your information, which you can exercise by writing to Pathé Films, 2 rue Lamennais 75008 Paris (France) or sending an email to [email protected]:
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to request access to your information and information related to our use and processing of your information;
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to request the correction or deletion of your information;
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to request that we restrict our use of your information;
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to receive information which you have provided to us in a structured, commonly used and machine-readable format (e.g. a CSV file) and the right to have that information transferred to another data controller (including a third party data controller);
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to object to the processing of your information for certain purposes (for further information, see the section below entitled; and
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to withdraw your consent to our use of your information at any time where we rely on your consent to use or process that information. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your information on the basis of your consent before the point in time when you withdraw your consent.
In accordance with Article 77 of the General Data Protection Regulation, you also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or of an alleged infringement of the General Data Protection Regulation.
For the purposes of France the supervisory authority is the Commission Nationale de l’Informatique et des Libertés (CNIL), the contact details of which are available here: https://www.cnil.fr/en/contact-cnil
Further information on your rights in relation to your personal data as an individual
The above rights are provided in summary form only and certain limitations apply to many of these rights. For further information about your rights in relation to your information, including any limitations which apply, please visit the following pages on the CNIL’s website: https://www.cnil.fr/en/home
You can also find out further information about your rights, as well as information on any limitations which apply to those rights, by reading the underlying legislation contained in Articles 12 to 22 and 34 of the General Data Protection Regulation, which is available here: http://ec.europa.eu/justice/data-protection/reform/files/regulation_oj_en.pdf
Verifying your identity where you request access to your information
Where you request access to your information, we are required by law to use all reasonable measures to verify your identity before doing so.
These measures are designed to protect your information and to reduce the risk of identity fraud, identity theft or general unauthorised access to your information.
How we verify your identity
Where we possess appropriate information about you on file, we will attempt to verify your identity using that information.
If it is not possible to identity you from such information, or if we have insufficient information about you, we may require original or certified copies of certain documentation in order to be able to verify your identity before we are able to provide you with access to your information.
We will be able to confirm the precise information we require to verify your identity in your specific circumstances if and when you make such a request.
Your right to object to the processing of your information for certain purposes
You have the following rights in relation to your information, which you may exercise in the same way as you may exercise by writing to Pathé Films, 2 rue Lamennais – 75008 Paris (France) or sending an email to [email protected].
For more information on how to object to our use of information collected from cookies and similar technologies, please see our cookies policy, which is available here: [insert URL to cookies policy].
Sensitive Personal Information
‘Sensitive personal information’ is information about an individual that reveals their racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic information, biometric information for the purpose of uniquely identifying an individual, information concerning health or information concerning a natural person’s sex life or sexual orientation.
We do not knowingly or intentionally collect sensitive personal information from individuals, and you must not submit sensitive personal information to us.
If, however, you inadvertently or intentionally transmit sensitive personal information to us, you will be considered to have explicitly consented to us processing that sensitive personal information under Article 9(2)(a) of the General Data Protection Regulation. We will use and process your sensitive personal information for the purposes of deleting it.
Changes to our Privacy Policy
We update and amend our Privacy Policy from time to time.
Minor changes to our Privacy Policy
Where we make minor changes to our Privacy Policy, we will update our Privacy Policy with a new effective date stated at the beginning of it. Our processing of your information will be governed by the practices set out in that new version of the Privacy Policy from its effective date onwards.
Major changes to our Privacy Policy or the purposes for which we process your information
Where we make major changes to our Privacy Policy or intend to use your information for a new purpose or a different purpose than the purposes for which we originally collected it, we will notify you by email (where possible) or by posting a notice on our website.
We will provide you with the information about the change in question and the purpose and any other relevant information before we use your information for that new purpose.
Wherever required, we will obtain your prior consent before using your information for a purpose that is different from the purposes for which we originally collected it.
Copyright
The copyright in this Privacy Policy is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. All intellectual property rights in this document are reserved.
©Pathé Films