TERMS &
PRIVACY
The following Terms and Conditions are for your protection as well as ours.
Please read them carefully.
CLICK / PRESS
PRIVACY POLICY
CLIENTS / USERS
Cineshape understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website (“Our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with our obligations and your rights under the law.
Please read this Privacy Policy carefully and ensure that you understand it. You will be required to read and accept this Privacy Policy when entering our site. If you do not accept and agree with this Privacy Policy, you must stop using our site immediately.
1. DEFINITIONS AND INTERPRETATION
In this Policy, the following terms shall have the following meanings:
“Account” means an account required to access and/or use certain areas and features of our site;
“Cookie” means a small text file placed on your computer or device by our site when you visit certain parts of our site and/or when you use certain features of our site. Details of the Cookies used by our site are set out in section 7 and 11, below;
“Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;
“Personal data” means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to us via our site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”)
“We/Us/Our” means Cineshape Productions, a portfolio website .
2. INFORMATION ABOUT US
Our Site is owned and operated by Cineshape Productions, a portfolio website . Our VAT number is 000000000. Our Data Protection Officer can be contacted by email at [email protected].
3. WHAT DOES THIS POLICY COVER?
This Privacy Policy applies only to your use of our site. Our site may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.
4. YOUR RIGHTS
4.1 As a data subject, you have the following rights under the GDPR, which this Policy and our use of personal data have been designed to uphold:
4.1.1 The right to be informed about our collection and use of personal data;
4.1.2 The right of access to the personal data we hold about you (see section 12);
4.1.3 The right to rectification if any personal data we hold about you is inaccurate or incomplete (please contact us using the details in section 10);
4.1.4 The right to be forgotten – i.e. the right to ask us to delete any personal data we hold about you (We only hold your personal data for a limited time, as explained in section 6 but if you would like us to delete it sooner, please contact us using the details in section 10);
4.1.5 The right to restrict (i.e. prevent) the processing of your personal data;
4.1.6 The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
4.1.7 The right to object to us using your personal data for particular purposes; and
4.1.8 Rights with respect to automated decision making and profiling.
4.2 If you have any cause for complaint about our use of your personal data, please contact us using the details provided in section 14 and we will do our best to solve the problem for you. If we are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.
4.3 For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens Advice Bureau.
5. WHAT DATA DO WE COLLECT?
Depending upon your use of Our Site, we may collect some or all of the following personal and non-personal data:
5.1 Name;
5.2 Business/company name;
5.3 Contact information such as email addresses and telephone numbers;
5.4 Location;
5.5 IP address;
5.6 Web browser type and version;
5.7 Operating system;
5.8 URLs starting with a referring site, your activity on our site, and the site you exit to;
5.9 Credentials: SSH, FTP and SFTP username and password.
5.10 Usage information: Information about the actions that site administrators and users perform on a site, in other words, who did what, when and to what on a site (eg. [username] deleted “[title of post]” at [time/date]).
5.11 Information from cookies and other technologies.
6. HOW DO WE USE YOUR DATA?
6.1 All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with our obligations and safeguard your rights under the GDPR at all times. For more details on security see section 8, below.
6.2 Our use of your personal data will always have a lawful basis, either because it is necessary for our performance of a contract with you, because you have consented to our use of your personal data (e.g. by subscribing to emails), or because it is in our legitimate interests. Specifically, we may use your data for the following purposes:
6.2.1 Providing and managing your Account;
6.2.2 Providing and managing your access to our site;
6.2.3 Personalising and tailoring your experience on our site;
6.2.4 Providing You with cost guidance about our services and other information
6.2.5 Supplying our services to you (please note that we require your personal data in order to enter into a contract with you);
6.2.6 Personalising and tailoring our services for you;
6.2.7 Replying to enquiries online, through social media, by post, email, telephone or by any other means, from You;
6.2.8 Supplying you with emails that you have opted into (You may unsubscribe or opt-out at any time by clicking unsubscribe on our emails/newsletter.);
6.2.9 Market research;
6.2.10 Analysing your use of our site and gathering feedback to enable us to continually improve our site and your user experience;
6.3 With your permission and/or where permitted by law, we may also use your data for marketing purposes which may include contacting you by email with information, news and offers on our services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
6.4 Information from Cookies and other technologies: a cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. We use cookies to help identify and track anonymous users.
6.5 Third parties whose content appears on our site may use third party Cookies, as detailed below. Please note that we do not control the activities of such third parties, nor the data they collect and use and advise you to check the privacy policies of any such third parties.
6.6 We may disclose information about you to independent contractors that need to know the information in order to help us provide our services or to process information on our behalf. We require our independent contractors to follow this privacy policy for personal information that we share with them.
6.7 You have the right to withdraw your consent to us using your personal data at any time, and to request that we delete it.
6.8 We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Data will therefore be retained for the following periods (or its retention will be determined on the following bases):
6.8.1 Names and contact details will be retained indefinitely for marketing and monitoring purposes (unless You ask us to delete them);
6.8.2 Documents and other material which You may upload to our site for costing or translation purposes will usually be retained for 24 months, except where we contract with You or provide services to You in relation to such documents and other material, in which event that will usually be retained indefinitely;
6.8.3 Financial information will usually be retained for 24 months after we cease to use such information in relation to providing services to You;
6.8.4 Other data will typically be held for 24 months but we may assess the appropriate period of retention, according to its nature and the reason(s) for collection.
The retention periods in this section are a guide and we reserve the right to assess the appropriate period for retention on an individual basis, provided that we will always comply with our legal obligations.
7. USE OF COOKIES
We may on occasion gather information regarding your computer whilst you are on our website. This enables us to improve our services and to provide statistical information regarding the use of our website to our advertisers where appropriate. Such information will not identify you personally it is statistical data about our visitors and their use of our site. This statistical data does not identify any personal details whatsoever.
Similarly to the above, we may gather information about your general internet use by using a cookie file. Where used, these cookies are downloaded to your computer automatically. This cookie file is stored on the hard drive of your computer as cookies contain information that is transferred to your computer’s hard drive. They help us to improve our website and the service that we provide to you.
All computers have the ability to decline cookies. This can be done by activating the setting on your browser which enables you to decline the cookies. Please note that should you choose to decline cookies, you may be unable to access particular parts of our website. Our advertisers may also use cookies, over which we have no control. Such cookies (if used) would be downloaded once you click on advertisements on our website.
We may collect information about your computer, including your IP address, operating system and browser type, for system administration and in order to create reports. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. The only cookies in use on our site are for Google Analytics. Google Analytics is a web analytics tool that helps website owners understand how visitors engage with their website. Google Analytics customers can view a variety of reports about how visitors interact with their website so that they can improve it. Like many services, Google Analytics uses first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use our site. We then use the information to compile reports and to help us improve our site.
Cookies contain information that is transferred to your computer’s hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page. The information collected by Google Analytics will be stored for 26 months and then deleted. Google Analytics collects information anonymously. It reports website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit our site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page.
8. HOW AND WHERE DO WE STORE YOUR DATA?
8.1 We only keep your personal data for as long as we need to in order to use it as described above in section 6, and/or for as long as we have your permission to keep it.
8.2 Your data will be stored within the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). We may sometimes use third party data processors that are located outside of the EEA. Where we transfer any personal data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the GDPR.
8.3 Data security is very important to us, and to protect your data we have taken suitable measures to safeguard and secure data collected through our site.
8.4 Steps we take to secure and protect your data include:
Encrypting communication between users and our servers by enforcing SSL,
Encrypt sensitive data such as communication between users at rest,
Apply proactive security best practices.
We use a variety of security technologies and procedures to help protect data from unauthorised access, alteration, use, disclosure, accidental loss or destruction. Although Cineshape utilises modern industry-strength security processes and technology, it is not possible to guarantee complete information security, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the internet. Cineshape will continue to revise policies and implement additional security features as new technologies become available.
9. DO WE SHARE YOUR DATA?
9.1 In certain circumstances, we may need to share or disclose certain data held by us with a third party to handle your enquiry. For example, we may share your information with third parties with which you authorise us to do so. We will always seek your prior consent before sharing the data with any third party.
9.2 Third Party Vendors: We may share information about you with third party vendors who need to know information about you in order to provide their services to us. This group includes vendors that help us provide our Services to you (like payment providers that process your credit and debit card information) and those that help us understand and enhance our Services (like analytics providers). We require vendors to agree to privacy commitments in order to share information with them.
9.3 Independent contractors: We may disclose information about you to our independent contractors that need to know the information in order to help us provide our services or to process the information on our behalf. We require our independent contractors to follow this Privacy Policy for personal information we share with them.
9.4 We may compile statistics about the use of our site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you.
9.5 In certain circumstances, we may be legally required to share certain data held by us, which may include your personal data, for example, where we are involved in legal proceedings, where we are complying with legal requirements, a court order, or a governmental authority.
10. HOW CAN YOU CONTROL YOUR DATA?
In addition to your rights under the GDPR, set out in section 4, when you submit personal data via our site, you may be given options to restrict our use of your data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in our emails and at the point of providing your details.
11. YOUR RIGHT TO WITHHOLD INFORMATION
You may access our site without providing any data at all. However, to use all features and functions available on our site you may be required approve the collection of certain data.
12. HOW CAN YOU ACCESS YOUR DATA?
You have the right to ask for a copy of any of your personal data held by us (where such data is held). Please contact us for more details using the contact details below in section 14.
13. WHAT HAPPENS IF OUR BUSINESS CHANGES HANDS?
13.1 We may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of our business. Any personal data that you have provided will, where it is relevant to any part of our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by us.
13.2 In the event that any of your data is to be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will be given the choice to have your data deleted or withheld from the new owner or controller.
14. CONTACTING US
If you have any questions about our site or this Privacy Policy, please contact us by email at [email protected]. Please ensure that your query is clear, particularly if it is a request for information about the data, we hold about you (as under section 8, above).
15. CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy from time to time (for example, if the law changes). Any changes will be immediately posted on our site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of our site following the alterations. We recommend that you check this page regularly to keep up-to-date.
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STANDARD TERMS AND CONDITIONS
CLIENTS / USERS
If different Terms and Conditions are provided at the time of quoting, clauses which conflict the Standard TC, will be overruled by the new provided TC, while every other clause still applies.
1. DEFINITION & GENERAL TERMS
In these Terms and Conditions, the words ‘Cineshape Productions’ ‘Cineshape ‘CS’ ‘we’ ‘us’ ‘our’ and ‘ours’ refer to Cineshape Productions Ltd, an Irish registered limited liability company. The words ‘client’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf. These Terms and Conditions apply to all services offered by Cineshape unless otherwise agreed in writing.
TC = Terms and conditions
If different Terms and Conditions are provided at the time of quoting, clauses which conflict the Standard Terms and Conditions, will be overruled by the new provided Terms and Conditions, while every other clause still applies.
2. PRE-PRODUCTION REQUIREMENTS
It is the Clients responsibility to obtain all necessary permissions including but not limited to performances, branding, trademarked goods and logos, use of intellectual property, imagery, sound recordings and any other copyrighted material which will form part of the final product and/or deliverable service.
No liability will be accepted by Cineshape for and delays or failure to deliver the agreed product if caused by any element which is the Clients responsibility.
Where copyright material is provided by the Client for incorporation into a Cineshape product and/or service, the Client must have obtained permission from the original copyright owner / material provider.
The Client undertakes to indemnify Cineshape against any future possible claims, disputes, expenses or costs arising from the use of such material, without time limit.
3. PRODUCTION AND POST-PRODUCTION
All works undertaken will be as per Cineshape written quotation based upon the information given by the Client. Any amendments or additional days work will be charged at our applicable daily rate.
Clear access for video, photo and sound capture shall be arranged and managed by the Client unless otherwise agreed in writing. If venues are being organised by the Client, it is the Clients responsibility to ensure that our production crew and supporting personnel have clear access to all relevant locations required throughout the day. Delays in production as a result of inadequate access or facilities may incur additional time charges.
Cineshape takes Health & Safety matters seriously and we reserve the right in all instances to remove any of our personnel and / or equipment from a location if we deem it to be unsafe or if our crew are subjected to abusive or aggressive behaviour. In such circumstances the Client will be fully liable for any costs incurred or subsequently arising as a result. Cineshape will observe the site safety rules at all times and will liaise with the appropriate responsible person(s) on location.
1. DEFINITION & GENERAL TERMS
In these Terms and Conditions, the words ‘Cineshape Productions’ ‘Cineshape ‘CS’ ‘we’ ‘us’ ‘our’ and ‘ours’ refer to Cineshape Productions Ltd, an Irish registered limited liability company. The words ‘client’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf. These Terms and Conditions apply to all services offered by Cineshape unless otherwise agreed in writing.
4. ADVERSE WEATHER CONDITIONS
In the event of inclement weather which in our opinion would pose a risk to health & safety of our personnel or equipment or has the potential to prevent successful video, photo or audio capture, we reserve the right to change the date or time of filming to a more suitable date or time.
5. CLIENT DELAYS
In the event of a project being delayed or aborted due to the Client’s failure to adhere to the agreed dates, times, access, facilities, organisation or any other matter specified for the project, we reserve the right to re-schedule the affected days of filming and to charge for any additional costs which arise. No refund or credit will be given in respect of costs associated with the delayed or aborted original filming day(s).
6. CHANGES TO THE FILMING SCHEDULE
In the event of the Client wishing to change or cancel the filming date we require a minimum of 10 days’ notice. Failure to comply will result in the Client becoming 100% liable for all costs associated with the originally scheduled dates.
7. DEFINITION & GENERAL TERMS
In the event that Cineshape experiences equipment failure or technical difficulties, all efforts will be made to find suitable replacement equipment and/or personnel so as not to delay or adversely impact upon the project quality or delivery. The equipment used on the project will be at the discretion of the senior member of the staff at Cineshape, and no further claims or liability will be accepted.
8. APPROVAL / AMENDMENTS OF DRAFT FOOTAGE
Under normal circumstances one ‘first cut’ edit will be available for the Client for review and comment. One set of revisions will be incorporated within the agreed project cost provided that any revisions or amendments fall within the original agreed brief. Our video editing and production facility is available for Client viewing and review. Subsequent revisions or significant re-edits will be charged at a rate of €350 + VAT per day or part thereof.
9. PROJECT DURATION AND DELIVERY
Any indication given by Cineshape of a project’s duration is to be considered by the customer to be an estimation. Cineshape will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback from the Client. In all cases our liability will be limited to the agreed total cost of the project, less any costs incurred by us for any work already done on the project provided such work is within the agreed production brief. Cineshape will not under any circumstances be responsible for any loss, damage or costs arising from the late, erroneous, or non-delivery of the product.
10. COPYRIGHT
Cineshape asserts its full rights as copyright owner of all material that has been captured, processed and/or produced by us, whether or not such material forms part of a finished project. The copyright of all produced material is solely owned by Cineshape and is protected under UK law unless otherwise agreed in writing.
11. USAGE LICENCE – RIGHTS TO THE USE OF PROJECT CONTENT
Where the Client provides material to us for inclusion in any project, including but not limited to logos, images, trademarks, footage and audio, the relevant permission must be obtained in advance from the original copyright holder. By accepting these terms and conditions, the Client hereby indemnifies Cineshape against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws or pre-existing terms and conditions attributed to the material.
We retain all rights to the usage of footage captured during the production of any Clientcommissioned project. As part of our video/photo production service, we will grant a time-unlimited licence for use of edited to the Client subject always to the following express condition:
Cineshape retains all copyright over any content we produce. A usage licence grants the Client permission to use the content in the state in which we provide it to the Client. Permission is not granted to re-edit, copy or alter the content in any way.
We reserve the rights to use any footage and related files from any Client-commissioned project in our showreels, as stock footage and for our own promotion.
Cineshape assigns to the Client a licence to use the production in its complete delivered form only. We do not give permission for any material to be altered, edited or used as part of another production, unless this is expressly agreed in writing.
Provided that all monies due to us from the Client have been received as cleared funds in our bank account, and provided that the Client is not in breach of anything contained in these Terms and Conditions the Client is granted a perpetual usage licence relating to the video material in its delivered form.
We retain the right to use any of our copyright material for any legal purpose, including its use within projects for other Clients unless (a) we have granted an exclusive licence to any Client or (b) the material contains trademarks or specific intellectual or imagery copyrighted by the Client.
12. PAYMENT
Our payment terms are strictly 30 days from date of invoice and in the event of an order being confirmed the Client accepts these terms. For some Clients, we require a 50% deposit on request, with payment by return.
We reserve the right to charge further interest and late payment fees on all overdue invoices as set out under the Late Payment of Commercial Debts (Interest) Act.
We will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
A 15% late payment charge will be added to any invoice over 30 days past due; this is in addition to any interest and fees added as outlined in the Late Payment of Commercial Debts (Interest) Act.
The Client shall be responsible for all collection or legal fees necessitated by late or default in payment. Cineshape reserves the right to withhold delivery and any granting or continuation of usage licence of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use our copyright material under this a Agreement are conditional upon receipt of payment in full which shall be inclusive of any and all outstanding additional costs, taxes, expenses, and fees, charges or the costs of administration of changes.
All information are provided in the Privacy Policy. Please click on the section above!