Please find below:
1 – Website Terms and Conditions
2 – Cookies Policy
1. SWAN FILMS WEBSITE TERMS & CONDITIONS
Last updated 8 January 2021
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SITES.
Please read these terms and conditions of use carefully before you start to use the Websites as they represent a binding legal agreement and you will be bound by them. We recommend that you print a copy of these terms for future reference.
By using the Websites, you confirm that you accept these terms and conditions of use and that you agree to comply with them.
If you do not agree to these terms and conditions of use, you must not use the Websites.
Other Applicable Terms & Policies
The following additional terms also apply to your use of the Websites:
Information about the owner of the Websites
The Websites are operated by Swan Films Ltd (“We”, “Our”, “Swan Films”). We are registered in England and Wales under company number 08741246 and have our registered office at 5 Elstree Gate, Elstree Way, Borehamwood, Hertfordshire, WD6 1JD. You can contact us by telephoning us at +44 (0) 20 3095 9490 or by writing to us at firstname.lastname@example.org.
Changes to these Terms & Conditions
Please note that we reserve the right to revise or amend these terms at any time to reflect changes to our business or changes in the law. Where these changes are significant we will endeavour to e-mail all of our registered users to make sure that they are informed of such changes.
However, it is your responsibility to check these terms before each use of the Websites.
When using these Websites (and our online communications infrastructure including email and any enquiry forms that we may offer users or add in the future) you agree:
- any information you submit is accurate and truthful and you will keep this information accurate and up to date;
- not to impersonate other people, particularly employees and representatives of Swan Films or our affiliates;
- not to use obscene or vulgar language;
- not to submit information or content that is unlawful or otherwise objectionable including, but not limited to, content that is defamatory, abusive, offensive, racist, sexist, homophobic, threatening, vulgar, obscene, hateful, content which promotes or incites violence or is otherwise inappropriate;
- to refrain from using our Websites and online communications systems for unauthorised mass-communication such as “spam” or “junk email”;
- not to use the Websites to advertise or offer to sell any goods or services for any commercial purpose, or to promote any surveys, contests or chain letters without the express written permission of Swan Films;
- not to make available any material which is protected by copyright, trade mark or other proprietary right on the Websites without the express permission of the owner of the copyright, trade mark or any other proprietary right and you will be solely liable for any damages resulting from any infringement of the above. If you believe that any materials on the Websites infringe your copyright or trademark, you may request that they be removed. This request must be emailed with your name, address and telephone number along with any supporting information. For copyright or trademark issues relating to the Websites, please email: email@example.com;
- not to upload to the Websites files that contain viruses or files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information in the possession of Swan Films or any third party, and you will be solely responsible for any damages from any claims that may arise because you posted files that caused damage to the operation of another person’s software, hardware or telecommunications equipment;
- to evaluate for yourself the accuracy, completeness or usefulness of any opinion, advice or other content on the Websites; and
- to only use the Websites for lawful purposes.
Swan Films is the owner and/or the licensee of all intellectual property rights inherent in the Websites, and in the material published on it including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software. Unless specifically stated otherwise, nothing in these terms or on the Website shall give effect to any transfer of such intellectual property rights from us to you.
Your sole right to use the intellectual property inherent in the Websites is a non-exclusive licence to make use of such content only as is strictly necessary to enable you to access the Websites and to peruse their contents.
You may print off one copy, and may download extracts, of any page(s) from the Websites for your personal use and you may draw the attention of others within your organisation to content posted on the Websites.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Websites must always be acknowledged.
You must not use any part of the content on the Websites for commercial purposes without obtaining a licence to do so from us or our licensors.
You acknowledge that you are responsible for any material that you post on the Websites and that if you breach any of these terms and conditions you may be personally liable to any third party that suffers harm as a result.
You agree to indemnify and keep indemnified us, our successors and assigns, our directors, trustees, offices, employees and agents from and against all liabilities, claims, losses, costs, damages and expenses including legal fees which are reasonably incurred by us should you breach any of these terms and conditions.
This indemnity includes your use of the information you read on the Websites, together with any introduction or collaboration that you enter into as a result of viewing the Websites.
Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Websites or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Websites; or
- use of or reliance on any content displayed on the Websites.
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
We are not responsible for the accuracy, veracity or reliability of any opinion, advice or statement made on the Websites and such communications shall not be considered to be reviewed, screened, monitored, edited or approved by us.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Websites or to your downloading of any content from it, or from any website linked to them.
We do not guarantee that the Websites will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Websites. You should use your own virus protection software.
You must not misuse the Websites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Websites, the server on which the Websites are stored or any server, computer or database connected to the Websites. You must not attack the Websites via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Websites will cease immediately.
Linking to the Websites
You may link to our home pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Websites in any website that is not owned by you.
The Websites must not be framed on any other site, nor may you create a link to any part of the Websites other than the home pages.
We reserve the right to withdraw linking permission without notice.
Third party website links & Resources in the Websites
Where the Websites contain links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
We assume no responsibility for the content of websites linked to from the Websites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
If you do link from the Websites to other websites, your use thereof will also be subject to those websites’ terms and conditions.
Please note that these terms and conditions of use, and their subject matter are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any disputes. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms and conditions of use and their subject matter (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
You can write to us at our office at Swan Films Ltd, Hackney Downs Studios, 17 Amhurst Terrace, London, E8 2BT. Alternatively, please email us at firstname.lastname@example.org.
2. SWAN FILMS COOKIES POLICY
Last updated: 8 January 2021
- A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your device if you agree. Cookies contain information that is transferred to your device’s hard drive.
- We may use the following cookies:
3.1. Strictly necessary cookies. These are cookies that are required for the operation of our websites. They include, for example, cookies that enable you to log into secure areas of our websites, use a shopping cart or make use of e-billing services.
3.2. Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our websites when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
3.3. Functionality cookies. These are used to recognise you when you return to our websites. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
3.4. Targeting cookies. These cookies record your visit to our websites, the pages you have visited and the links you have followed. We will use this information to make our websites and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
- 4. You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
These cookies will be automatically deployed onto your computer when you use the Websites
Purpose of Cookie and Information Collected
||A tool that allows users to share content from this website across the social web and looks like this:
||Add This may deploy a secondary cookie named Google Analytics, which it uses to measure the number of individuals that use its ‘buttons’ in order to share our content to other locations.
||Swan Films’ websites do not use any non-essential cookies, (for example those which target advertisements or collect data about the type of person who visits our websites).
- You may block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. Alternatively, you can visit www.allaboutcookies.org which provides general information about cookies and how you can manage cookies on your computer. Please note that if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our sites.
Last updated 8 January 2021
Swan Films Ltd (registered number 08741246) (“us”, “our”, “we”, “Swan Films”) are committed to protecting and respecting your privacy.
- 1. Introduction
This Policy covers our collection, processing and use of personal data when you use our Websites and/or our online communications infrastructure including email correspondence and any enquiry forms that we may offer users or add in the future to the Websites.
When you supply any personal data to us we have legal obligations towards you in the way we use that data. For ease of reading, we have divided this Policy into several sections:
- What is personal data and what do we collect
- How and why do we use/share your information
- For how long do we keep your information
- Security & International Data transfers
- Your Rights
- Contact Details
It is important that you read this Policy together with any other privacy notice or fair processing notices that we may provide on the Website at or around the time that we collect or process personal data about you (for example, fair processing notices that we may display to you at the time that you sign up to receive e-mail updates from us) so that you are fully aware of how and why we are using that data.
This Policy supplements other notices including our Website Terms and Conditions and our Cookies Policy and is not intended to override or replace them.
By visiting or otherwise using our Websites, you are agreeing to the practices set out in this Policy. If, for any reason, you do not agree to the terms of this Policy, please stop using the Websites.
We reserve the right to revise or amend this Policy at any time to reflect changes to our business or changes in the law. Where these changes are significant we will endeavour to let users of the Websites know. However, it is your responsibility to check this Policy before each use of the Websites – for ease of reference the top of this Policy indicates the date on which it was last updated.
Please note that our Websites are not directed at children under the age of 13 (each “Child” together “Children“) and we do not knowingly collect personal information about Children. If you believe we have collected personal information about your Child, you may contact us at email@example.com and request that we cease processing information about your Child.
- 2. What is Personal Data and what do we collect?
What is personal data?
Where this Policy refers to ‘personal data’ it is referring to data about you from which you could be identified – such as your name, your date of birth, your contact details and even your IP address.
By law all organisations in the UK are obliged to process your personal data in certain ways and to ensure that you are given an appropriate amount of information about how they use it. You also have various rights to seek information from those organisations about how they are using your data, and to prevent them from processing it unlawfully. For more information about these rights, please see the ‘Your Rights’ section of this Policy.
Data we collect from you when you use the Websites or contact us
Voluntary Provision of Data
When you voluntarily supply your personal data to us when you contact us by post, telephone, email or SMS or report a problem with the Websites; we may collect, store and use the personal data that you disclose to us.
If you contact us with a view to becoming a contributor to one of our productions, you may voluntarily supply personal data related to your prospective contribution. Please note that in this circumstance we shall use the personal data that you provide to us for production purposes only and not for direct marketing purposes.
If you are a contributor who has entered into a contract with us for the provision of services, please note that we have a legitimate interest in continuing to process your personal data even after your contract with us has concluded and your services are no longer required. The basis for this legitimate interest is making the production you contributed to available in the future.
In addition to the Identity and Contact Data we may collect from you (such as your title, name, address, e-mail address, birthday and phone number) we may also collect Special Categories of Personal Data including details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, health information and genetic and biometric data but we will only collect what is necessary for the Programme. The types of data we collect will depend on precisely what details you volunteer to us as you interact with us and/or contribute to our productions.
Automated Collection of Data
We may also collect information about you when you visit the Websites through the use of technologies such as cookies. The following are examples of information we may collect:
- information about your device, browser or operating system;
- your IP address;
- information about links that you click and pages you view on our Website
- length of visits to certain pages;
- subjects you viewed or searched for;
- page response times;
- records of download errors and/or broken links;
- page interaction information (such as details of your scrolling, clicks, and mouse-overs);
- methods used to browse away from the page; and
- the full Uniform Resource Locators (URL) clickstream to, through and from this Website (including date and time).
We may use the data described above for several different reasons which may include our legitimate interest in understanding the levels of traffic that the Websites attract and to help us maintain and improve it.
In particular, we may use third party services such as Google Inc.’s Google Analytics to help us to better understand the way that the Websites is used and the number of individuals who access various parts of it.
- 3. How and why do we use/share your information
Sharing your information
Depending on how and why you provide us with your personal data we may share it in the following ways:
- we may share your personal information with any member of our company group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006;
- with selected third parties who we sub-contract to provide various services and/or aspects of the Websites’ functionality (see “Service Providers” below); and
- with analytics and search engine providers that assist us in the improvement and optimisation of the Websites as described above.
We will not share your information with third parties in order for that third party to provide direct marketing communications to you, unless it relates to a specific activity which we are undertaking with a third party (e.g. a competition where a third party is providing the prize) and you have provided your consent for that use. Such activity may have its own terms and conditions relating to the way in which your information may be used, which you will be notified of at the relevant time.
We may also disclose your personal information to third parties in the following events:
- if we were to sell or buy any business or assets, in which case we might disclose your personal information to the prospective seller or buyer of such business or assets as part of that sale;
- if Swan Films or substantially all of its assets are acquired by a third party, in which case personal information held by us about our customers will be one of the transferred assets;
- if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or if we are asked to provide your details to a lawful authority in order to aid in the investigation of crime or disorder; and/or
Our service providers provide us with a variety of administrative, statistical, and technical services. We will only provide service providers with the minimum amount of personal data they need to fulfil the services we request, and we stipulate that they protect this information and do not use it for any other purpose. We take these relationships seriously and oblige all of our data processors to sign contracts with us that clearly set out their commitment to respecting individual rights, and their commitments to assisting us to help you exercise your rights as a data subject.
Links to third party sites
Where we provide links to third party websites that are not affiliated with www.swanfilms.tv or www.graysonsartclub.com such sites are out of our control and are not covered by this Policy. If you access third party sites using the links provided, the operators of these sites may collect information from you that could be used by them, in accordance with their own privacy policies. Please check these policies before you submit any personal data to those websites.
- 4. For how long do we keep your information?
We will hold your personal information on our systems only for as long as required to provide you with the services you have requested or to perform the purpose for which that data was collected.
In some circumstances you can ask us to delete your data: see ‘Your Rights’ below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
- 5. Security & International Data transfers
Swan Films takes the protection of your information very seriously. We use encryption (SSL) to protect your personal data when appropriate, and all the information provided to us is stored on secure servers once we receive it.
Swan Films may store your personal data on secure servers either on our premises or in secure third party data centres.
Please note that some of our production partners and service providers may be based outside of the European Economic Area (the “EEA”). These partners and service providers may work for us or for one of our suppliers and may be engaged in, among other things, the provision of programme support and support services. By submitting your personal information, you agree to this transfer, storing or processing. Where we transfer your data to a production partner or service provider that is outside of the EEA we seek to ensure that appropriate safeguards are in place to make sure that your personal data is held securely and that your rights as a data subject are upheld. If you would like more information about how the mechanism via which your personal data is transferred, please contact firstname.lastname@example.org.
- 6. Your Rights
As a data subject you have a number of rights in relation to your personal data. Below, we have described the various rights that you have, as well as how you can exercise them.
Right of Access
You may, at any time, request access to the personal data that we hold which relates to you (you may have heard of this right being described as a “subject access request”).
Please note that this right entitles you to receive a copy of the personal data that we hold about you in order to enable you to check that it is correct and to ensure that we are processing that personal data lawfully. It is not a right that allows you to request personal data about other people, or a right to request specific documents from us that do not relate to your personal data.
You can exercise this right at any time by writing to us using the contact details set out below and telling us that you are making a subject access request. You do not have to fill in a specific form to make this kind of request.
Your Right to Rectification and Erasure
You may, at any time, request that we correct personal data that we hold about you which you believe is incorrect or inaccurate. You may also ask us to erase personal data if you do not believe that we need to continue retaining it (you may have heard of this right described as the “right to be forgotten”).
Please note that we may ask you to verify any new data that you provide to us and may take our own steps to check that the new data you have supplied us with is right. Further, we are not always obliged to erase personal data when asked to do so; if for any reason we believe that we have a good legal reason to continue processing personal data that you ask us to erase we will tell you what that reason is at the time we respond to your request.
You can exercise this right at any time by writing to us using the contact details set out below and telling us that you are making a request to have your personal data rectified or erased and on what basis you are making that request. If you want us to replace inaccurate data with new data, you should tell us what that new data is. You do not have to fill in a specific form to make this kind of request.
Your Right to Restrict Processing
Where we process your personal data on the basis of a legitimate interest (see the sections of this Policy which explain how and why we use your information) you are entitled to ask us to stop processing it in that way if you feel that our continuing to do so impacts on your fundamental rights and freedoms or if you feel that those legitimate interests are not valid.
Swan Films may process your data on the basis of a legitimate interest in the following ways:
- to optimise website content;
- track features on our website that are popular;
- make the production you contributed to available to audiences; and
- ensure that you are served with relevant commercial communications;
You may also ask us to stop processing your personal data (a) if you dispute the accuracy of that personal data and want us verify that data’s accuracy; (b) where it has been established that our use of the data is unlawful but you do not want us to erase it; (c) where we no longer need to process your personal data (and would otherwise dispose of it) but you wish for us to continue storing it in order to enable you to establish, exercise or defend legal claims.
Please note that if for any reason we believe that we have a good legal reason to continue processing personal data that you ask us to stop processing, we will tell you what that reason is, either at the time we first respond to your request or after we have had the opportunity to consider and investigate it.
You can exercise this right at any time by writing to us using the contact details set out below and telling us that you are making a request to have us stop processing the relevant aspect of your personal data and describing which of the above conditions you believe is relevant to that request. You do not have to fill in a specific form to make this kind of request.
Your Right to Portability
Where you wish to transfer certain personal data that we hold about you, which is processed by automated means, to a third party you may write to us and ask us to provide it to you in a commonly used machine-readable format.
Because of the kind of work that we do and the systems that we use, we do not envisage this right being particularly relevant to the majority of individuals with whom we interact. However, if you wish to transfer your data from us to a third party we are happy to consider such requests.
Your Right to stop receiving communications
Whilst Swan Films does not currently engage in direct e-mail marketing communications (or other regulated electronic messages) we need to let you know that you have the right to opt-out of such communications at any time. Should Swan Films engage in direct e-mail marketing in the future, you can opt-out by using the ‘unsubscribe’ link that will appear in the footer of each communication (or the equivalent mechanism in those communications).
Alternatively, if for any reason you cannot use those links, or if you would prefer to contact us directly – you can unsubscribe by writing to us at email@example.com and telling us which communications you would like us to stop sending you.
Your Right to object to automated decision making and profiling
You have the right to be informed about the existence of any automated decision making and profiling of your personal data, and where appropriate, be provided with meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing that affects you.
Exercising your rights
When you write to us making a request to exercise your rights we are entitled to ask you to prove that you are who you say you are. We may ask you to provide copies of relevant ID documents to help us to verify your identity.
It will help us to process your request if you clearly state which right you wish to exercise and, where relevant, why it is that you are exercising it. The clearer and more specific you can be, the faster and more efficiently we can deal with your request. If you do not provide us with sufficient information then we may delay actioning your request until you have provided us with additional information (and where this is the case we will tell you).
- 7. Contact Details
If you have any queries regarding this Policy, if you wish to exercise any of your rights set out above or if you think that the Policy has not been followed, please contact us at firstname.lastname@example.org. You may also write to us by post at:
Swan Films Ltd, Hackney Downs Studios, 17 Amhurst Terrace, London, E8 2BT.