Privacy Policy
This privacy policy applies only to the websites controlled by
Big Fish and/or its subsidiary and affiliated entities ("Big Fish
Productions," "we" or "us") where this privacy policy is posted
(collectively, the "Sites"). This privacy policy does not pertain
to information that is collected offline. BY USING THE SITES, YOU
CONSENT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND TO
OUR PROCESSING OF PERSONAL INFORMATION FOR THE PURPOSES STATED
BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS
PRIVACY POLICY, PLEASE DO NOT USE THE SITES.
Information Collected
This privacy policy applies only to information collected on the
Sites and does not apply to information collected by Big Fish
Productions through any other means.
We collect two types of information from visitors to the Sites:
(1) Personally Identifiable Information; and (2) Non-Personally
Identifiable Information, such as your IP address or cookies.
Personally Identifiable Information
"Personally Identifiable Information" is information that
identifies you personally, such as your name, address, telephone
number, email address, or company name. Big Fish Productions
collects and stores the personally identifiable information that
you have provided to us. Here are some examples of manners in which
we may collect your personally identifiable information on the
Sites:
We may collect your email address, first and last name and zip
code if you sign up for an online newsletter;
We may collect your email address if you contact us with a
question;
We may collect your first and last name, date of birth and email
address if you choose to participate in a contest or sweepstakes;
and
We may collect your first and last name, your address, and your
credit card and billing information if you make a purchase of a
product at the Big Fish Productions Store.
The above list provides an example of the personally
identifiable information that may be collected on the Sites. If you
do not want Big Fish Productions to collect your personally
identifiable information, please do not provide it to us.
Non-Personally Identifiable Information
"Non-Personally Identifiable Information" can be technical
information or it can be demographic information, such as your age,
gender or interests. Non-personally identifiable information does
NOT identify you personally. Here are some examples of the
non-personally identifiable information that is collected via the
Sites and a description of how this information is used:
Internet Protocol (IP) address -- Your IP address is a number
that lets computers attached to the Internet know where to send you
data -- such as the webpages you view. We use this information to
deliver our webpages to you upon request, to tailor our Sites to
the interests of our users and to measure traffic within our
Sites.
Cookie -- A "cookie" is a small text file that may be used to
collect information about your activity on the Sites. For example,
when someone visits a page within the Sites, a cookie is placed on
the user's machine (if the user accepts cookies) or is read if the
user has visited the Sites previously. You may set most browsers to
notify you if you receive a cookie, or you may choose to block
cookies with your browser, but if you do, you may not be able to
take advantage of the personalized features enjoyed by other users
to our Sites.
Web Beacons (also known as "clear gifs," "web bugs" or "pixel
tags") -- "Web Beacons" are tiny graphics with a unique identifier,
similar in function to cookies, and are used to allow us to count
users who have visited certain pages of the Sites and to help
determine the effectiveness of promotional or advertising
campaigns. When used in HTML-formatted email messages, web beacons
can tell the sender whether and when the email has been opened. In
contrast to cookies, which are stored on a user's computer hard
drive, web beacons are embedded invisibly on web pages.
Demographic Information -- "Demographic Information" may be your
gender, age, zip code and interests, which you voluntarily provide
to us on the Sites. We use this information to provide you with
personalized services and to analyze trends to ensure the
information provided by the Sites meets your needs. For example, we
offer personalized TV schedule listings and program reminders for
Big Fish Productions Channel, TLC, Animal Planet, Big Fish
Productions Health Channel or any of our other TV offerings if you
tell us which programs and topics you're interested in. Please note
that we also consider aggregated information, which is not
personally identifiable, to be non-personally identifiable
information. The above list provides an example of the
non-personally identifiable information that is collected via the
Sites.
Use of Information Collected Via the Sites
(1) Personally Identifiable Information We use your personally
identifiable information that is collected on these Sites primarily
for the following purposes:
To deliver services, such as educational programs, information,
newsletters or software you request or purchase;
To alert you to special offers, updated information and other
new services from Big Fish Productions, or other third parties, or
to forward promotional materials;
To complete a transaction or service requested by you;
To fulfill the terms of a promotion;
To ensure the Sites are relevant to your needs;
To help us create and publish content most relevant to you;
To notify you about a material change to this privacy policy or
the Visitor Agreement, if necessary;
To allow you access to limited-entry areas of the Sites; and
To contact you in response to sign up forms such as Contact
Us.
Non-Personally Identifiable Information
Non-personally identifiable information is used as described
above and in other ways as permitted by applicable laws, including
combining non-personally identifiable information with personally
identifiable information (except with respect to non-personally
identifiable information collected from children under the age of
13).
Sharing and Disclosure of Information -
Personally Identifiable Information
We may share or disclose your personally identifiable
information in the following instances:
(i) To fulfill a service to you. For example, if you choose to
watch an educational program on the Sites, we may share your
personally identifiable information in order to provide the program
to you. In addition, if you email us a question, we may use your
email address to process your request and respond to your question.
Also, if you are entering a sweepstakes or contest, we may use your
personally identifiable information in order to fulfill the terms
of that promotion. This means that we may share the information for
prize fulfillment purposes or mail carriers. We also may share your
information with the co-sponsor of that promotion.
(ii) To affiliates, strategic partners, agents, third party
marketers or other unaffiliated parties who are offering products
or services that we believe may be of interest to you or who
require your personally identifiable information for research,
administrative and/or internal business purposes. These parties may
use your personally identifiable information to contact you with an
offer or advertisement related to a product or service, or they may
use such information for their own research, administration or
business purposes. If you do not want us to share your personally
identifiable information in this manner, please do not provide us
with this information.
(iii) To unaffiliated third-party service providers, agents or
independent contractors who help us maintain our Sites and provide
other administrative services to us (including, but not limited to,
order processing and fulfillment, providing customer service,
maintaining and analyzing data, sending customer communications on
Big Fish Productions behalf, and entry collection, winner selection
and prize fulfillment for contests, sweepstakes and other
promotions). We seek to ensure that these unaffiliated third
parties will not use the personally identifiable information for
any other purpose than to provide the administrative services for
which they are responsible. Because such unaffiliated third-party
service providers that help us administer our Sites will have
access to users' personally identifiable information, if you do not
wish for our unaffiliated third-party service providers to have
access to your information, please do not register or submit any
personally identifiable information to us.
(iv) To complete your purchase. If you choose to make a purchase
on the Sites, we may collect from you your credit card number,
billing address and other information related to such purchase, and
we may use such collected information in order to fulfill your
purchase. We may also provide such information, or other personally
identifiable information provided by you, to unaffiliated third
parties as necessary to complete your purchase (for example, to
process your credit card).
(v) To comply with the law or in the good faith belief that such
action is necessary in order to conform to the requirements of law
or comply with legal process served on us, protect and defend our
rights or property, including the rights and property of Big Fish
Productions and its family of Sites or act in urgent circumstances
to protect the personal safety of our end users.
(vi) To third parties as part of any corporate reorganization
process including, but not limited to, mergers, acquisitions, and
sales of all or substantially all of our assets.
(vii) To track and analyze non-identifying and aggregate usage
and volume statistical information from our visitors and customers
and provide such information to third parties.
(viii) To protect against potential fraud, we may verify with
third parties the information collected from these Sites. In the
course of such verification, we may receive personally identifiable
information about you from such services. In particular, if you use
a credit card or debit card to purchase services with us, we may
use card authorization and fraud screening services to verify that
your card information and address matches the information that you
supplied to us, and that the card has not been reported as lost or
stolen.
Except as described in this Privacy Policy or at the time we
request the information, we do not otherwise use, share or
otherwise disclose your personally identifiable information to any
third parties.
Non-Personally Identifiable Information
We use non-personally identifiable information collected on the
Sites in the manner disclosed above. We may share this non-personal
information with third parties.
International Transfer of Information
If you choose to provide us with personally identifiable
information, Big Fish Productions may transfer that information to
its affiliates and subsidiaries or to other third parties, across
borders, and from your country or jurisdiction to other countries
or jurisdictions around the world. If you are visiting from the
European Union or other regions with laws governing data collection
and use that may differ from New Zealand law, please note that you
are transferring your personally identifiable information to New
Zealand which does not have the same data protection laws as
the EU and by providing your personally identifiable information
you consent to:
the use of your personally identifiable information for the uses
identifiedabove in accordance with this privacy policy; and
the transfer of your personally identifiable information to New
Zealand as indicated above.
Forums, Chat Rooms and Other Public Posting
Areas
Please note that any information you include in a message you
post to any chat room, forum or other public posting area is
available to anyone with Internet access. If you don't want people
to know your e-mail address, for example, don't include it in any
message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN
DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC
POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE
INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER
PUBLIC POSTING AREAS.
Third Party Web Sites
This statement applies solely to information collected on the
Sites. The Sites may contain links to other web sites. We are not
responsible for the privacy practices or the content of these other
web sites.
Third Party Advertisers
We may use advertisers, third party ad networks, and other
advertising companies, to serve advertisements on the Sites. Please
be advised that such advertising companies may gather information
about your visit to the Sites or other sites (such as through
cookies, web beacons and other technologies) to enable such
advertising companies to market products or services to you, to
monitor which ads have been served to your browser and which
webpages you were viewing when such ads were delivered. PLEASE
NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF
INFORMATION BY SUCH ADVERTISING COMPANIES.
Assignment
In the event that all or part of our assets or sold or acquired
by another party, or in the event of a merger, you grant us the
right to assign the personally identifiable and non-personally
identifiable information collected via the Sites.
Changes to this Privacy Policy
We reserve the right to change this privacy policy from time to
time.
Security
Once we receive your transmission, we make reasonable efforts to
ensure security on our systems. We use firewalls to protect your
information from unauthorized access, disclosure, alteration, or
destruction. However, please note that this is not a guarantee that
such information may not be accessed, disclosed, altered or
destroyed by breach of such firewalls and secure server
software.
If we learn of a security systems breach we may attempt to
notify you electronically so that you can take appropriate
protective steps. By using these Sites or providing personally
identifiable information to us you agree that we can communicate
with you electronically regarding security, privacy and
administrative issues relating to your use of these Sites. We may
post a notice on our Sites if a security breach occurs. We may also
send an email to you at the email address you have provided to us
in these circumstances. Depending on where you live, you may have a
legal right to receive notice of a security breach in writing.