Privacy Policy

TheTakes Privacy Policy

  1. Introduction

Thank you for visiting TheTakes.com.  We understand that our users may have concerns about the privacy of their information, and as a result have written and published this Privacy Policy to better explain how we collect, use, store, transfer, and distribute any information provided to us by our Customers or other users.  This Privacy Policy is as binding as our Terms of Service, and you must agree to it in order to use any services provided by TheTakes.com, as well as access our website.  If you do not agree to this Privacy Policy, please cease using our website immediately and do not attempt to use our service.

  1. Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them.  The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:

“Customer” means the Production Company representative, employee of the Production Company, or legal entity granted the license to use TheTakes’ proprietary computer software referenced in Section 1.1 of our Terms of Service.

“Licensed Software” has the same meaning as in our Terms of Service.

“Privacy Policy” means this Privacy Policy, which is applicable both to this Site and to the Licensed Software as published by TheTakes on its website from time to time.

“Terms of Service” means the Terms of Service applicable to TheTakes’ website and Licensed Software.

  1. Personal Information We Collect

3.1  When You Sign Up

When signing up for our service, we will collect a number of items of information from our Customer.  Such information may include your name, address, associated Production Company, billing information, and information about your users.

In addition to providing us with the above information about yourself, you must be at least eighteen years of age or older to use our service.

3.2  When You Use TheTakes

TheTakes will continue to collect information from you and your users once you commence using our service.  For example, we will collect the names and other information provided by users of the Licensed Software, and information about the personnel associated with your production.  You should ensure that, when you or another user are submitting information about a third party to us, you have that third party’s consent to do so.

  1. Non-Personal Information We Collect

We may collect information about you that is not personal information.  When you access our website, we may collect such things as your IP address, browser, operating system, referring URL, and other general information about our visitors.  This information, on its own, cannot usually be used to identify you.

  1. Use of Information

We may use your information to process transactions, ensure the continuity of subscriptions, contact you, provide you with technical support, provide our Licensed Software, or any other purpose which you consent for us to do or which we deem suitable for improving or ensuring the operation of TheTakes or the Licensed Software which it provides.  We may also send you e-mails about TheTakes or its affiliated products or services.

  1. Cookies

We may use cookies for a number of purposes.  For example, we may use cookies to save your preferences.  This is necessary because using other identifies, such as your Internet Protocol address, may be insufficient to distinguish you from other parties (for example, more than one person may use the same Internet Protocol address).  For this reason, you hereby acknowledge that we use cookies in providing both our Site and our Licensed Software, and you consent to our doing so.

  1. Third Parties

7.1  Other Websites

TheTakes or users of our Licensed Software may provide links to third party websites either on TheTakes’ website or through its Licensed Software.  We have no control over, and are not responsible for, these third party, or their use of your personal information.  We recommend that you review their privacy policies and other agreements governing your use of their website.

7.2  Files

Users of TheTakes’ Licensed Software may post files which are made available to other users.  TheTakes does not screen such files, and you acknowledge that such files may be malicious or contain spyware, and you hereby agree that TheTakes is not liable for any damages or loss arising from accessing such files.

  1. Third Party Access to Your Information

We protect your information from being accessed by third parties.  However, since we may employ outside maintenance personnel or use a third party to host our material, there are third party entities which may have custody or access to your information.  Because of this, it is necessary that you permit us to give access to your information to third parties to the same extent that you authorize us to do so.  For greater certainty, every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems.  You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

Without limiting the generality of the foregoing, you authorize us to use Amazon Web Services (EC2), EBS Storage, Elastic Load Balancing, and ElastiCache.  We also transfer certain information to zoho.com and docs.google.com to display your information, and to encoding.com to encode video and audio provided to us.

  1. Law Enforcement

You agree that we may disclose your information or that of any person identified in our database (for example, through our Licensed Software) to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter.  In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either.  We may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, such as instances where we believe your actions violate any law of the United States or any other country having jurisdiction over us, our Site, Service, or our Terms of Service.  You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.  We may release your information under the conditions listed in this paragraph whether it is to individuals or entities in the European Union, the United States, or elsewhere.

  1. Security of Information

We take steps to protect our systems, including using PCI DSS-compliant hosting, as it is in our interests to secure our systems against external threats.  However, we make no representations as to the security or privacy of your information, particularly when downloading files provided by third parties through our site.  It is in our interest to keep our website secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.

  1. International Transfer of Data

11.1  General

Your information may be transferred to - and maintained on - computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.  If you are located outside the United States and choose to provide information to us, TheTakes may transfer personal information to the United States or elsewhere and process it there.  Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

11.2  European Data & Amazon Web Services

TheTakes’ uses Amazon Web Services, which has self-certified itself as being in compliance with the U.S.–European Union Safe Harbor Framework.  Data provided to our servers will be stored in compliance with that framework.

For more information on the U.S.–European Union Safe Harbor Framework, please visit http://export.gov/safeharbor/.

11.3  European Notification

In accordance with Directive 95/46/EC of the European Parliament, you are hereby notified that your data is being collected by [Insert TheTakes’ corporate and address information], for the purpose of providing the services related to the Licensed Software described in this Agreement.  Your data may be stored in the cloud system provided by Amazon Web Services (EC2), EBS Storage, Elastic Load Balancing, and ElastiCache.  Note that this notification does not represent any concession on the part of TheTakes that we are subject to any European law.  If our services would not otherwise be subject to the jurisdiction of any member state, this notification should be considered as a courtesy only, and not required in any way for compliance with any applicable law.

11.4  European Economic Area

In accordance with Articles 25 and 26 of Directive 95/46/EC of the European Parliament, any data collected or stored subject to the jurisdiction of a European Economic Area (“EEA”) state shall be transferred and stored only in a country with an adequate level of data protection according to European law, or, failing that, to specific third parties in non-EEA states which have such adequate levels of data protection.

  1. Amendments

We may amend this Privacy Policy from time to time, and the amended version will be posted on our website in place of the old version.  We will also include the date that the currently displayed Privacy Policy took effect to help you determine whether there have been any changes since you last used our website.  Like our Terms of Service, you must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Privacy Policy.  If you do not agree to the new Privacy Policy, you must immediately cease using our site and service.

  1. Data Protection Act

TheTakes has registered with the United Kingdom’s Information Commissioner’s Office in accordance with that country’s Data Protection Act.  TheTakes has registered voluntarily and does not concede that its activities are subject to the laws of the United Kingdom beyond the provisions set out in the “Choice of Law” section of our Terms of Service.

  1. Your California Privacy Rights

Where all users and servers are located in the United States, users agree that privacy laws regarding the United States shall apply.  Specifically, certain state laws, such as California Business and Professions Code §§ 22575-22579 may apply to our collection and disclosure of your privacy information.

  1. Contact

Any inquiries about your rights under this Privacy Policy, or any other matters regarding your privacy, can be directed to TheTakes through the contact methods published on our site.