Privacy Policy

We are pleased that you have elected to visit this Website (referred to herein as the “Website” or the “Site”), operated by, or on behalf of, Smitten Films, LLC. Smittenfilms.com is a website operated by Smitten Films. Smitten Films creates films from the media provided to it by its clients.

Smitten Films, LLC and its affiliates (collectively referred to in this Privacy Statement as “we” or “Smitten Films”) are committed to safeguarding the private information entrusted to us by our clients and visitors to our Website. Smitten Films has implemented this Privacy Policy to govern the use of personally identifiable information (“Personal Information”) that we collect via the Smitten Films Website or that visitors to this Website send to Smitten Films when communicating electronically with the Website via email or otherwise. This Privacy Policy does not govern Personal Information collected from any other source or in any other manner. Furthermore, this Privacy Policy is incorporated by reference into the Terms and Conditions of Use http://www.smittenfilms.com/#!terms-and-conditions/c1z62 of Smitten Films’ Website.
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Overview

  • Use of this Website
  • Collection and Use of Information
    • Information Collected
    • Use of Cookies
    • Use of Your Personal Information
    • Disclosure of Your Personal Information within Smitten Films
    • Disclosure of Your Personal Information to Non-Affiliated Third Parties
  • Your California Privacy Rights
  • Your Privacy Choices – Limiting Information Sharing/Accessing Your Information
  • Email Communication
  • Protection and Security of Information
  • Links to Other Websites
  • Changes in Policy
  • Governing Law​
  • Contact Us

This Privacy Policy is intended to provide you with information as to: (i) the type of information that is collected, (ii) how the collected information is used and with whom it is shared; (iii) how we intend to protect the information; and (iv) how you can have such information modified and/or removed.

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Use of this Website
This Website is operated by, or on behalf of, Smitten Films, LLC. Not all products and services listed on this website are available in all geographic areas. To the extent that access, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use of this Website is prohibited.

Collection and Use of Information

Information Collected

Smitten Films respects the privacy of its visitors. Although Smitten Films may track the number of visits to each of the pages of its Website, no Personal Information is collected in the process. When you access the Smitten Films Website, Smitten Films will automatically receive some information about your use of the service. The type of information that is automatically collected by Smitten Films includes such things as the date and time of access of the Website, the Internet protocol address of the computer that you are using, the domain and host from which you access the Internet, your browser software and operating system, and the specific activities you are engaged in while visiting the Website. This aggregate tracking information is used to help Smitten Films improve and enhance the website experience for all of its visitors.
Smitten Films will also collect some limited Personal Information that you voluntarily provide such as your name, address, telephone number and/or email address, if you communicate with us via email in response to any prompts on this Website or if you register with the Website so as to make use of the password-protected interactive functionality or seek to post, display and/or publish content on the Website. Additionally, if you elect to enter the password-protected area of this Website, then this Website will recognize who you are and will collect all information that you submit. Any information collected about you from this Website may be associated with other information that Smitten Films has collected about you from other sources.

Use of Cookies

The Website makes use of “cookies” – small data files which we may send to your computer on the basis of the information that we have collected about your visit. They contain information allowing us to recognize you (if you have registered with the Website) and to keep track of your preferences. Cookies are stored in your computer’s browser or on your hard disk and can then be retrieved by the website. This Website uses two kinds of cookies: so-called “session” cookies, which are deleted from your computer when you leave the Website and are used purely to help you to navigate around the Website; and “persistent” cookies, which remain on your computer so that the Website can recognize you when you return.

We may also use third-party advertising companies to target and show you advertisements when you visit the Website. These third-party advertisers may send “cookies” to your computer or other accessing device to gather information about your preferences in order to provide you with advertising that is more likely to relate to your interests.

If you want to delete any cookies that were already sent to your computer or personal device, please refer to your web browser’s “Help” facility. In addition, most web browsers can be set to prevent you from receiving new cookies, notify you before accepting cookies or disable cookies altogether. Details about this can normally be found in the “Help” facility provided with your browser. Please note that if you disable cookies you may not be able to take advantage of some of the Website’s interactive functionality.

Use of Your Personal Information

The Personal Information we collect about you from this Website may be used to manage the Website’s interactive functionality, to help Smitten Films improve and enhance the Website experience for all of its visitors (as mentioned above) and for compliance with Smitten Films’ legal and regulatory obligations. We may also use this information to contact you via direct postal mail and/or electronically to the extent such activity is permitted by law, regarding your relationship with Smitten Films, and for any other purpose outlined by this Privacy Policy.

You may opt out of receiving electronic information from Smitten Films. Additionally, at the time that Smitten Films provides you with information electronically, we will also provide you with an opportunity to opt out of receiving future information electronically.

Within Smitten Films. In order to provide you with efficient and reliable services and to improve product and service options available to you, Smitten Films may share your Personal Information with our affiliates as required or permitted by applicable law. Our affiliates are companies controlled or owned by us, or companies that control us, or are under common control with us.

By Non-Affiliated Third Parties. Smitten Films will not sell or market Personal Information collected on this Website to non-affiliated third parties for their marketing purposes. However, regardless of whether you have chosen to limit our sharing of your Personal Information as collected on the Website, Smitten Films may, without restriction, disclose aggregated statistics about visitors to its Website, along with specific information concerning individual visitors of its Website that is not Personal Information, provided that no specific individual can be identified by the information so disclosed.

Smitten Films may also share your Personal Information, without restriction (and regardless of whether you have chosen to limit our sharing of your Personal Information as collected on the Website), with companies that we hire to perform services for us, such as vendors that provide data processing, computer software maintenance and development, transaction processing and marketing services, and companies providing professional, legal or accounting advice to Smitten Films. In such situations, Smitten Films requires that these companies agree to (a) maintain the confidentiality of your Personal Information and (b) limit the use of such Personal Information to the purposes for which it was provided. Furthermore, in compliance with privacy laws, we also provide our opt-out lists to non-affiliated third party companies so that they can be suppressed from the communications those companies send on Smitten Films’ behalf.

We may also share your Personal Information as required to allow for a change in ownership of Smitten Films and related transfer of user information to the new owner. In the event of a change of ownership, your Personal Information will continue to be protected by this Privacy Policy unless and until you are notified of a change.

We may share your Personal Information with certain third-party partners to allow them to deliver you targeted advertisements.

Finally, under limited circumstances, regardless of whether you have chosen to limit our sharing of your Personal Information as collected on the Website, your Personal Information may be disclosed to non-affiliated third parties as either permitted by, or to comply with, applicable laws and regulations. For example, Smitten Films may disclose your Personal Information to comply with investigations by regulatory authorities or enforcement agencies in the United States of America or elsewhere, or to protect against or prevent actual or potential fraud. Furthermore, Smitten Films may disclose your Personal Information if it has a reasonable good faith basis to believe that it is required to do so by law, compelled by court order or legal process, or is reasonably necessary and/or appropriate to: (i) protect the rights, property and/or safety of Smitten Films or any other person or entity; or (ii) prevent or take action concerning any alleged: (a) illegal activity or (b) breach of the Terms and Conditions of Use or Privacy Policy of this Website.

California Privacy Rights.

Under California law, California residents who have provided personally identifiable information to a company may have the right to request a list of all third parties to whom that company had disclosed such information for the third parties’ direct marketing purposes during the preceding calendar year, along with a list of the categories of Personal Information that had been so disclosed. However, Smitten Films’ policy, as disclosed on this Website, does not currently permit Smitten Films to share the Personal Information collected at this Website about you with non-affiliated third parties for such third parties’ direct marketing purposes. Moreover, even if Smitten Films’ policy permitted the disclosure of Personal Information to third parties for such third parties’ direct marketing purposes, because Smitten Films provides you with an opportunity to opt out of such disclosure, Smitten Films does not have to provide you with such lists. If you are a California resident who would like information on how to exercise your rights concerning third party disclosures, you may send an email to or contact us via postal mail at:

Attn: California Privacy Rights Administrator
Smitten Films, LLC
c/o WeWork
205 Hudson Street
New York, NY 10013

info@smittenfilms.com

Your Privacy Choices – Limiting Information Sharing/Accessing Your Information

To protect the confidentiality of your information and respect your wishes for how it is used Smitten Films offers “opt out” alternatives. Specifically, you may instruct us: (i) not to share Personal Information about you with our affiliates and/or, (ii) if our policy were to change so that we proposed to do so, not to share Personal Information about you with an outside company for such company’s marketing purposes. If you would like to check, change, or confirm your privacy choices please contact us at Smitten Films, 81 Murray Street, Apartment 2 New York, NY 10007 email: info@smittenfilms.com. You may make your privacy choice at any time and it will remain in effect until you change it.

You may also have the right to access and correct Personal Information held about you by Smitten Films, or in some circumstances the right to object to Smitten Films’ use of that Personal Information, which can be exercised by contacting:

Privacy Officer
Smitten Films, LLC
81 Murray Street
Apartment 2
New York, New York 10007

Telephone number: 917-280-6022

Electronic Mail Address: info@smittenfilms.com

Electronic Communication

When you communicate with Smitten Films electronically, via e-mail or otherwise, you consent to Smitten Films’ use of the information you have provided, and you further consent to receive electronic communications from Smitten Films. If you would prefer not to receive such communications, please e-mail us at info@smittenfilms.com and so advise.

With respect to all communications you make to or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Smitten Films shall have no obligation to protect your communications from disclosure; (ii) Smitten Films shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation, in any way now known or hereafter devised; and (iii) Smitten Films shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information, without any compensation to you.

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Protection and Security of Information

Smitten Films maintains reasonable standards of confidentiality and security for this Website and the Personal Information collected from this Website. The Personal Information you provide is secured using industry standard security technology. Smitten Films also restricts its own employees’ access to Personal Information. However, it is possible that someone may intercept or access communications, transmissions and/or Personal Information. You must also seek to protect against unauthorized access to any passwords and/or accounts that you use in connection with this Website, and you should remember to log off of the Website once you have completed your activities on the Website or if you have decided to step away from your computer.

In the event that Smitten Films determines that there has been a security breach resulting the unauthorized disclosure of Personal Information to a third party, Smitten Films will promptly notify consumers whose Personal Information it reasonably believes has been compromised by posting information on the Website and, if email contact is possible, then also by sending an email advisory with respect to situation.

Links to Other Websites

From time to time, the Smitten Films Website may contain links to other websites that are not controlled and/or maintained by Smitten Films. Please be aware that these other websites may have different privacy policies which may subject you to different privacy practices. Please review the privacy policies of such other websites for information concerning what information is collected on such websites and how it is used.

Changes in Policy

This Policy applies to current and former Smitten Films’ consumer customers. From time to time, Smitten Films’ Privacy Policy may change. Smitten Films will post changes to the Privacy Policy on this Website. Please review this Privacy Policy often so that you will remain abreast of Smitten Films’ current policies, including its policies concerning the gathering and use of information that may be collected on our Website. You are responsible for making sure you are aware of the provisions of Smitten Films’ most current Policy.

Effective Date: April 15, 2013
This Privacy Policy was last updated on April 15, 2013

Governing Law

This Privacy Policy shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. Any dispute concerning this Privacy Policy or your use of this Website shall be submitted to binding arbitration in New York within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or any other arbitration. In the event that any portion of this Privacy Policy is deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason because of the scope, duration or area of its applicability or for other reasons, unless narrowed by construction, such provision shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify, to the extent necessary to make such provision or provisions enforceable in such jurisdiction, such scope, duration or area or all of them, and such provision shall then be applicable in such modified form). If, notwithstanding the foregoing, any such provision would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such provision, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions. No narrowed construction, court-modification or invalidation of any provision shall affect the construction, validity or enforceability of such provision in any other jurisdiction. No waiver by Smitten Films of any provision of this Privacy Policy shall be deemed a further or continuing waiver of such provision, and Smitten Films’ failure to assert any right or demand compliance with any provision of this Privacy Policy shall not be deemed to constitute a waiver of any such right or provision. Furthermore, if any portion of this Privacy Policy is deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, then that portion of the Privacy Policy will be deemed severable and will not affect the enforceability or validity of the remaining portions of this Privacy Policy.

Notwithstanding anything to the contrary set forth in Privacy Policy, Smitten Films may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York, in the event that Smitten Films believes that there is a violation, or a threatened violation, of any of Smitten Films’ intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.

Contact Us

If you have any questions concerning this Privacy Policy (other than with respect to California Privacy Rights) you may contact us at info@smittenfilms.com or write to us at:

Smitten Films, LLC
81 Murray Street
Apartment 2
New York, New York 10007
Attn: Privacy Officer
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If you have any questions concerning California Privacy Rights you may contact us at info@smittenfilms.com or write to us at:

Smitten Films, LLC
81 Murray Street
Apartment 2
New York, New York 10007
Attn: California Privacy Rights Administrator