Privacy Policy


Introduction


Your privacy is genuinely important to us. Digital Theatre.com Limited and its holding company, subsidiaries, and affiliates ("Digital Theatre", "we", "our" or "us") are committed to safeguarding your data in line with the latest data protection and privacy laws.


This Privacy Policy describes the collection, use and disclosure of data, including personal data, from or about you in connection with your access and use of: (a) our website https://www.digitaltheatre.com and its subdomains (the “Website”) and (b) our cloud-based platform where our services are hosted and provided to subscribers (the “Platform”). By viewing any content or otherwise using the services, whether you are a subscriber, other registered user, or a visitor who has not subscribed to or registered for the services, you consent to the collection and use of information from or about you as explained in this Privacy Policy. If you do not consent to the collection and use of information from or about you in accordance with this Privacy Policy, then you may not use the services.


The term “service” refers to the services to be delivered to our subscribers, pursuant to the Terms of Use, and other products, features, tools, materials or other services offered from time to time through our Website. In the event of conflict between the Terms of Use and the Privacy Policy, the Terms of Use will control.


The data we collect depends on the context of your interactions with us. Unless otherwise defined below, “you” or “your” means any person that is authorised to use the Website.


Data Collection


“Personal Data” means any information relating to an identified or identifiable natural person. Some laws may use different definitions, if you are asserting your rights under law, the applicable legal definition governs your rights.


Personal Data collected on the Website. In general, we may collect data about you in the following situations, when you:

  • enquire about any of our services
  • create an account with us
  • use or request to use any of our online services
  • purchase a product from us
  • participate in interactive features on our Website
  • fill in a form or survey us
  • subscribe to our mailing lists
  • participate in a competition or promotion or marketing activity
  • contact us, for example by email or social media


Personal Data collected directly from you. Through the Website, we may collect Personal Data that you voluntarily provide, such as your: (a) title; (b) first and last name; (c) postcode; (d) email address; (e) the city and country in which you are located (but not your precise geographic location); and (f) telephone number. We also record your communications preferences when you sign up to receive marketing communications from us.

Technical Data collected automatically. When you use our service, we may automatically collect certain technical data about your use of our Website and/or Platform and data about the device you are using to access the services. Technical data may include your: (a) Internet Protocol (“IP”) address (which may tell us your general location); (b) browser type and version; (c) device IDs or other unique identifiers; (d) the referring webpage; and (e) viewing history. To collect this information, we may use cookies, web beacons, pixels and other automatic information gathering technologies. Please see our Cookie Policy for more information.

Data collected by Marketing Partners or public sources. We collect data about you from: (a) trusted third parties providing us with services and data for marketing purposes or conducting joint marketing activities with us, for example HubSpot.com, Google Analytics and Google Tag Manager (our “Marketing Partners”); or (b) public sources. These sources vary over time, but could include: (a) service providers that help us determine a location based on your IP address in order to customise our service and for other uses consistent with this Privacy Policy; (b) security service providers who provide us with data to secure our systems, prevent fraud and help us protect the security of our subscriber’s accounts; (c) online and offline data providers, from which we obtain aggregated demographic, interest based and online advertising related data; and (e) publicly-available sources such as publicly available posts on social media platforms and information available through public databases.

Aggregated Data. We may also collect, use, and share data such as statistical or demographic data (“Aggregated Data”) for any purpose. Aggregated Data may be derived from your Personal Data, but it is still not considered Personal Data in law, as this data does not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we will treat this combined data as Personal which will be used in accordance with this Privacy Policy.


Special Categories of Personal Data. We do not collect any Special Categories of Personal Data (as defined in the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (known as the “UK GDPR”). This includes details about your race, or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, data about your health or genetic and biometric data. Nor do we collect any data about criminal convictions and offences.


Personal Data associated with a Subscribers account. If you are a subscriber, Personal Data and other data associated with your account may include: (a) name and contact data (b) payment data (in some countries, this may include a government identification number for the purposes of billing and tax) (c) device and usage data (d) information about your interest in and use of various services and content available on our Platform. Signing into your account enables personalisation and consistent experiences across the Platform and through devices, permits you to use cloud data storage, allows you to make payments and enables other features. We collect and process this data to provide the service (including improving, securing and updating the service), conduct our legitimate business operations, and communicate with you. For example, when you interact with our customer or support service, we collect device and usage data or error reports to diagnose and resolve problems. When you pay for the services, we collect contact and payment data to process the payment. When we send communications to you, we use data to personalise the content of communications.

If you choose not to provide data. The provision of Personal Data is not mandatory. However, you will not be able to access and use the services and communicate with Digital Theatre without disclosing some Personal Data to Digital Theatre.


Use of Data

Why do we collect your Personal Data? We use your Personal Data solely for certain legitimate business purposes, which include some or all, of the following:

  • contacting you and sending you communications that we think will be of interest to you
  • providing you the information you request through our Website or Platform
  • remembering data you previously entered on our Website or Platform to enhance, modify and personalise your experience of our Website or Platform
  • improving our Website, Platform, or services
  • allow you to participate in interactive features
  • customising the advertising and content you see
  • conducting research and providing statistical reporting to understand how individuals interact with our Website or Platform
  • determine the effectiveness of promotional campaigns and advertising
  • notify you about changes to our services
  • coordinate with Marketing Partners on making the service available to subscribers
  • providing information to non-subscribers about the availability of the service
  • determine your general geographic location to provide localised content
  • respond to quickly and efficiently to requests where we have a legal or regulatory obligation to do so
  • assess the quality and/or type of care you have received and any concerns or complaints you may raise, so that these can be properly investigated
  • to ensure that content is presented in the most effective manner for you and for your computing device
  • to enable us to carry our obligations to you in connection with the service we provide
  • to process job applications and conduct any pre-employment screening
  • formalise any contracts of employment and/or terms of service
  • if you are an subscriber, to enable us to carry our obligations to you arising from our Terms of Use and related matters such as billing, accounting, audit, service of notices, support services, to better monitor the performance of the Platform, track account usage and test and improve the Platform


Lawful Basis.  To process your Personal Data in accordance with data protection laws, we must establish a lawful basis for doing so. We process your Personal Data: (a) where we have your consent to do so, (b) where we need the Personal Data to perform a contract with you; or (c) where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights or freedoms. In some cases, we may also have a legal obligation to collect Personal Data from you or may otherwise need the Personal Data to protect your vital interests or those of another person. Mostly, however, Digital Theatre processes your personal information for our legitimate business interests as described in the section “Why do we collect your Personal Data?”. If we collect and use your Personal Data in reliance on any legal basis other than our legitimate interests, we will make it clear to you at the relevant time. For example, if we ask you to provide Personal Data to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Data is mandatory or not (as well as possible consequences if you do not provide your Personal Data). If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Data, please contact us using the details set out in the “Contacting Us” section below.


Disclosure of Data

Disclosure of your Personal Data. We do not disclose Personal Data about you to third parties except under the following circumstances and for the following purposes:

  • when we have your permission to provide you with services you requested and to carry out your instructions
  • we may share your data internally with our affiliates, as needed for: (a) data processing and storage; (b) providing you with access to our services; (c) providing support services; (d) making decisions about service improvements; (e) content development; and (f) for other purposes described in the “Why we collect your Personal Data section?”.
  • when required by law to respond to subpoenas, court orders, or legal process by public authorities, including disclosures required by national security or law enforcement agencies
  • when we need to establish or exercise our legal rights, or to defend against legal claims, or when we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, data breaches, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use, or as otherwise required by law
  • we may transfer your Personal Data if Digital Theatre is acquired by or merged with another company, to ensure the continuity of our business and services. In such event, Digital Theatre will make public announcement before data about you becomes subject to a different privacy policy
  • we may share your Personal Data with third party IT system support and hosting service providers that we engage to support our business, the Website and/or Platform. For example, this may include: (a) Xero.com and Braintreepayments.com for financial operations; (b) GetAccept for orders and eSignatures; (c) Recurly.com for payments and subscription management; (d) Cookibot.com for cookie consents and (e) HubSpot.com for support services
  • third party debt collectors for the purposes of debt collection
  • with our Marketing Partners, as described above.


Where a third-party data processor is used, we make sure that they operate under contractual restrictions with regard to confidentiality and security, in addition to their obligations under data protection laws. We do not allow third parties to use your Personal Data for their own purposes.

Third-Party Links. Our Website may include links to third-party websites, plug-ins and applications. We do not control these third-party websites and are not responsible for the privacy and security practices of any third-party websites, which are governed by their own practices.

Third-Party Systems. If you are a subscriber, the Platform is designed to interoperate with different systems. You may choose to integrate the Platform with your own system or with other third-party services of your designation. Integration with third-party services is solely at your discretion. We cannot be responsible for systems connected to the Platform that are not under our control.


Data Transfers

Outside the UK. Digital Theatre is headquartered in the UK, but we operate internationally. We may share your Personal Data within Digital Theatre and transfer it to countries in the world where we do business. To facilitate our global operations, your Personal Data may be transferred to, stored and/or processed in countries other than the country in which you are resident. This could be outside of the UK where data protection laws may not be as comprehensive. We may also use certain third parties to perform some functions of our service on our behalf or to provide services to us. Some of these third parties are located, or have servers that are located, outside of the UK. Regardless of location, Digital Theatre collects, stores and transfers your Personal Data in accordance with this Privacy Policy and as permitted by the applicable laws on data protection. We take care to ensure that our affiliates, employees, agents, contractors and other third parties in countries outside of the UK act in a manner consistent with this Privacy Policy. 


Data Security

Security Measures. We use reasonable administrative, logical, physical and managerial measures to safeguard your Personal Data against loss, theft and unauthorised access, use and modification. All Personal Data will be stored on secure servers that have limited access and are in controlled facilities. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a legitimate business reason to have such access. We will never send you unsolicited emails or contact you by phone requesting your account ID, password, credit or debit card information or national identification numbers. To learn more about security, including the security measures we have taken and steps you can take to enhance the security of your information when using the Website and/or Platform, please contact us using the details set out in the “Contacting Us” section of this Privacy Policy.


Data Breach. Despite the above “Security Measures”, please note that no data transmission over the internet or any other network can be guaranteed to be 100% secure. While we strive to protect data transmitted on or through the Website and/or Platform, we cannot and do not guarantee the security of information you transmit. At your request, we may occasionally transfer Personal Data to you via email, or you may choose to transfer data to us via email. Email is not a secure method of data transmission; if you choose to send or receive such data via email, you do so at your own risk. When we transmit highly confidential data (such as passwords or payment details) over the internet, we protect it through the use of encryption. We also have appropriate procedures to deal with any actual or suspected data breach and will notify you when we are legally required to do so.



Data Retention

Length of Retention. We may retain your data for as long as you use our services and we reasonably need to use it, having regard to the purpose for which it was collected, and in accordance with all applicable data protection laws. We take reasonable measures to destroy or de-identify Personal Data in a secure manner when it is no longer required. In some circumstances you can edit or delete your Personal Data, see the “Your Rights” section of this Privacy Policy.


Your Rights

Rights of California Residents. If you are a resident of the State of California in the US, you are entitled to certain rights under the California Consumer Privacy Act of 2018 (“CCPA”). The categories of Personal Data we collect about or from you are described in the “Data Collection” section above, and the business purposes for which we collect such Personal Data are described in the “Why do we collect your Personal Data” section above. As a business subject to the CCPA, Digital Theatre does not sell Personal Data to third party service providers or business partners for our own business purposes as described in the “Disclosure of your Personal Data” section above. We do not offer an opt-out to the sale of Personal Data. However, we disclose your Personal Data to these third parties only where you have consented to disclosure of Personal Data to such third parties or where such third parties have agreed to contractual limitations around their use, retention, and disclosure of Personal Data. As a resident of the State of California, you have the following rights under the CCPA, the right to (a) request access to the Personal Data we collect from or about you (b) request details about how we process or disclose your Personal Data (c) request that we delete the Personal Data we have collected about you, subject to certain exceptions and; (d) not to receive discriminatory treatment if you exercise your CCPA rights. We will not discriminate against you if you exercise your CCPA rights. If you are a subscriber, we have certain obligations as a service provider towards you regarding your Personal Data under the CCPA. As a service provider, we only process Personal Data for the purposes of providing services as specified in our Terms of Use. We do not process your Personal Data collected through your account for any other purpose. To learn more about your rights under the CCPA, please visit https://oag.ca.gov/privacy/ccpa.

Other California Privacy Rights. California “Shine the Light” Law (Civil Code Section 1798.83) permits users of our Website and Platform that are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes.

Rights of UK or EU/European Economic Area (“EEA”) Residents. If you are in one of the EU/EEA countries, you are entitled to certain rights under the EU General Data Protection Regulation 2016/679 (“GDPR”). If you are in the UK, you are entitled to the same rights under the UK GDPR. By visiting the Website, Platform or communicating with us you acknowledge that we may process your Personal Data for the purposes described above, either on the basis of your consent or if we have other lawful grounds to do so. Under the GDPR or the UK GDPR, you have the below additional rights in respect of your Personal Data.

  • Right to withdraw consent to processing, where consent is the basis for processing (withdrawing your consent will not affect the lawfulness of any processing conducted prior to your withdrawal, nor affect processing of Personal Data conducted on reliance on lawful processing grounds other than consent). This includes your right to withdraw consent to us using your Personal Data for marketing purposes.
  • Right to access your Personal Data that we hold and request further details about how it's processed. If you are a subscriber to our services, when you visit the “Account” portion of the Website, you have the ability to access and update a broad range of information about your account, including your contact information, your payment information, and various related information about your account (such as the content you have viewed). You must be signed in to access the “Account” section.
  • Right to demand rectification of inaccurate Personal Data about you. Please note, if you are a subscriber, you can access and update a broad range of information about your account (such as your contact information).
  • Right to object to the unlawful processing of your Personal Data, including processing for direct marketing.
  • Right to erasure of past data about you (your “right to be forgotten).
  • Right to restrict processing of your Personal Data if you believe we have exceeded the legitimate basis for processing, processing is no longer necessary, or if you believe your Personal Data is inaccurate.
  • Right to data portability of Personal Data that you provided us in a structured, commonly used, and machine-readable format.
  • Right in relation to automated decisions you have the right not to be subject to a decision based solely on automated processing which produces legal effects concerning you or significantly affects you, unless it is necessary for entering into an agreement with you, it is authorised by law or you have given your explicit consent. We will let you know when such decisions are made, the lawful grounds we rely on and the rights you have.
  • Right to complain to a data protection supervisory authority in your country if you believe that we are processing your Personal Data in violation of applicable laws.


To learn more about your rights under the GDPR, you can visit the European Commission’s page on the Protection of Personal Data: https://europa.eu/european-union/index_en


To learn more about your rights under the UK GDPR, you can visit the Information Commissioner’s Office page: https://ico.org.uk/your-data-matters/


Exercising your rights. If you want to exercise any of the rights described above, please contact us using the contact details in the “Contacting Us” section of this Privacy Policy. You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive, or we may refuse to comply with your request in these circumstances.


Opting Out

You may opt out of receiving marketing communications from us by clicking the “unsubscribe” link in a particular promotional communication. Alternatively, you can contact us at any time using the details in the “Contacting Us” section of this Privacy Policy. Please note that you cannot opt out from receiving all communications from us, including administrative messages, service announcements, and messages regarding the terms and conditions of your account because they may contain important information.


Children

Children under the age of eighteen (18) are not permitted to subscribe to our services. In certain jurisdictions, the age of majority may be older than eighteen (18), in which case, you must satisfy that age to become a customer. Children under the age of eighteen (18) may use our services; they may do so only with the involvement, supervision and consent of a parent or legal guardian.


Changes to our Privacy Policy

Digital Theatre may update this Privacy Policy to reflect changes in the law or services or for other reasons at any time. We will provide notice of any such changes (including when they take effect) in accordance with the law. We encourage you to review this Privacy Policy regularly to make sure you are familiar with our most updated policies and practices. Your continued use of our Website, Platform, and other products and services following the publication of changes will constitute acknowledgement and (as applicable) acceptance of those changes. This Privacy Policy was last updated on 01 July 2021.


Contacting Us

Our contact details. If you have any queries about this Privacy Policy, including any requests to exercise your legal rights, all correspondence should be directed to Digital Theatre’s data protection officer by email at DPO@DigitalTheatre.com. You may also send inquiries to the following postal address marked for the attention of the Data Protection Officer:

Digital Theatre.com Limited
51 Eastcheap
London
England
EC3M 1JP

Information from you. Please note that if you contact us to assist you, we may need to request specific information from you to ensure that Personal Data is not disclosed to any person who has no right to receive it.  

Our response. We try to respond to all legitimate requests within one month. Occasionally, it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

European Representative under Article 27 of GDPR

We have appointed EU Rep as our Representative under Article 27 of the GDPR. All GDPR queries from EU Data Subjects or Data Protection authorities should be addressed to privacy@eurep.ie. BizLegal Ltd trading as EU Rep have their registered office at: 27 Cork Road, Middleton Co. Cork, Ireland. Company number 635921.

Complaints

You have a right to make a complaint to a supervisory authority at any time. In the UK, this is the Information Commissioner’s Office (“ICO”) (www.ICO.org.uk). We would, however, appreciate the opportunity to deal with your concerns before you approach the ICO, so please contact us in the first instance using the details in the “Contacting Us” section of this Privacy Policy.