Welcome to Motion Pictures Distribution´s site! If you are under legal age, please get your dad, mum or guardian to read with you this text. It is really important to understand the security rules to preserve your privacy before starting to surf, play and have fun through our website. This is the reason why we ask you to have an adult to read the site ´s navigation rules.
Last up-date: November 10th, 2012
1. OBJECT:
The following privacy policy (the “Privacy Policy”) governs the data protection policy and security measures applied by Motion Pictures Distribution S.L. and its group of companies (collectively “MOTION”) to its websites.
MOTION offers Internet users the Website -www.motionKIDS-TV.com- and videogames, (collectively “Site”), aimed at children under the supervision and acceptance of parents/guardians.
The use of the MOTION Site automatically confers the condition of user to the person making use of it, which implies the acceptance of and compliance with the Privacy Policy. The user (the “User” or “Users”) is invited to read carefully these terms before accessing the MOTION Site, as well as to consult them regularly. In the event that the User does not agree with the referred terms, he/she must not make use of the MOTION Site.
MOTION, in its capacity of proprietor and responsible for the automated collection of personal data from its sites, is committed to the compliance of its obligations as controller of such data according to the Organic Law 15/1999, 13th December, of Data Protection (“LOPD”) and the Royal Decree 1720/2007, 21st December, approving the regulation developing the Data Protection Organic Law (“RPDP”). The User also agrees to the compliance of its obligations according to the LOPD, RPDP, as well as any other regulation (including any decision from the Spanish Data Collection Agency) which may arise from the activities and uses made through and from the MOTION Site.
2. COMPANY ´S IDENTIFICATION DETAILS:
MOTION is a limited company, duly registered and established in accordance with the Spanish legislation, with Spanish Tax Identity No. ESB65441362. MOTION is Registered in the Mercantile Register of Barcelona, Vol. 42216, Folio 218, Sheet B-404404. Registration date 02/10/2010
The contact details for any communication or notification regarding the Privacy Policy are as follows:
Motion Pictures Distribution, S.L.
Reina Victoria 8
08021 Barcelona, Spain
Tel. + 34 93 200 2500
Fax.+ 34 93 200 4061
motionKIDS-TV@motionpic.com
3. DATA PROTECTION:
When facilitating their personal data, the Users authorize MOTION to safe such information in one or various automated files with the purpose of: improving their access to the contents of the site; managing or improving the contents and services offered therein; studying the use made from the contents and services offered therein; keeping the correct operation of the site and sending adverts and other communications which promote directly the site or the purchase of goods or services, either from MOTION or any third parties with which MOTION may have commercial agreements. MOTION shall be responsible for such files.
MOTION shall inform the Users of the sites whether it is compulsory or not to provide some of the specific data requested through the form which they must complete to register such pages in order to accede the contents and/ or services therein provided. When completing this information, the compulsory information shall be identified with visual warnings such as emerging windows, asterisks or similar symbols or methods. The Users´ refusal to provide such personal data, or the completion of insufficient or erroneous data, may result in the impediment to access the contents and/or services offered through the MOTION Site or even interfere with their correct operation.
The User shall be responsible of the trueness and completeness of the submitted data, which he/she may modify when necessary by sending a communication to motionKIDS-TV@motionpic.com. MOTION shall be exonerated from any harm or result which may arise from the decision not to exercise this obligation by the User.
The User may exercise the rights to access, cancel and modify the data by sending a written communication to the aforementioned social address or by sending an e-mail to: motionKIDS-TV@motionpic.com
The MOTION Site use cookies. The cookies are data files that the website sends to the User´s computer when visiting the page. Companies use cookies for various purposes. For instance, when the User re-enters one of the MOTION Sites for which he/she has been registered, the cookies provide the information to the page in order for it to recall who he/she is. The User may instruct the computer to inform him/her when one of these files are generated, or to prevent it.
The confidentiality and security of the information that the User facilitates are important to MOTION. In accordance with the LOPD and the RPDP, MOTION has adopted technical, administrative and security measures to preserve the User ´s information.
The security measures are regularly revised to assess the need of implementing new technology or protective measures. Notwithstanding the foregoing, the User must understand that even if MOTION tries to do its best, no security measure is totally unbreakable or absolutely perfect.
In accordance with the Law 34/2001, 11th July, of the Information Society and Electronic Commerce, MOTION will not submit to the Users any advertising, commercial or promotional information without the Users´ prior consent or authorization. MOTION informs the Users that they are entitled to oppose the receipt of the referred commercial communications. For such purpose, the Users must follow the indications provided when requesting their consent or else notify it in written to motionKIDS-TV@motionpic.com. With each commercial submission, MOTION provides the Users the appropriate mechanisms to unsubscribe to such communications.
With respect to minors´ personal data, MOTION warranties that such information will not be used for any inappropriate use in view of their age. MOTION will consider at every moment their age, together with their understanding, maturity and awareness and will never request economic information or private information related to their families. In addition, MOTION will facilitate the means to their parents or guardians to exercise their legal rights to access, cancel, oppose or rectify their data and warns the Users about the convenience of asking their parents or guardians advice before providing any information. MOTION tries to prevent that minors provide their personal data directly by including specific warnings for their parents or guardians and by confirming by e-mail that the data have been provided by adults. Notwithstanding the above, MOTION may require at any moment the written consent from parents or guardians in order to verify their knowledge and authorization to the access of their children to the MOTION Site.
4. ADDITIONAL INFORMATION
The MOTION Site may offer Premium sections and/or services of conditional access to which some adult additional information may be required. MOTION warrants that it will not directly collect any banking information from the Users. The communication and payment platforms shall be responsible for preserving the confidentiality of such personal data. For this reason, the Users are invited to consult each of these operators’ privacy policy before making any payment (i.e. PayPal, Bibi, Allopass, etc). MOTION is committed with their Users´ security, for this reason it has commissioned the provision of these electronic services to secure payment platforms. Notwithstanding the above, if the User observes any anomaly in any of these services he/she is invited to contact MOTION at his/her earliest convenience. The Users agree and accept that the referred platforms shall in any case be exclusively responsible for the preservation of their banking data and expressly exonerate MOTION from any responsibility which may arise from such activities.
5. FORUM, ELECTRONIC CARDS AND COMMUNCIATION SERVICES
To the purposes of this Privacy Policy, “Public Forum” comprises instant messaging services, the publication of messages in forum or blogs, the sending of short messages, mobile messaging and e-mails (including, without limitation, electronic cards), as well as any other service which may be offered in any of the MOTION Site.
The User participating in any forum available through the MOTION Site agrees and accepts to comply with the terms herein established.
The forums from the MOTION Site are addressed to different Users categories. For this reason, the Users must respect the nature of each of them. Those forums which are addressed specifically to children offer the opportunity to communicate through predefined white list messages in order to preserve kids´ privacy and intimacy. MOTION advises parents to educate their children in the use of forums. MOTION Site may also operate forums directed to parents and adults.
The User accepts that all information submitted to a MOTION Site through any forum will be sent using the Internet. In consequence, the confidentiality of the information contained in such message cannot be preserved. The User expressly accepts that the forum and services from the MOTION Site are of a public nature, not private. MOTION warns the User of the risk of providing personal information through these services, such as the publication of messages in the forum or in instant messaging conversation, to which other persons may access or make use of them. MOTION cannot warrant the security of the information disclosed by the User in such services and if he/she does so, it will be done under the User ´s sole responsibility. MOTION recommends Users to provide alias, nicknames or similar in such forums and invites participants not to provide any personal data to avoid that ill-natured persons make use of such information.
The Users will be solely responsible of the content of the messages submitted to the forums. MOTION is not responsible for the contents and opinions published in the forums. The User is, in consequence, the sole and exclusive responsible of the content of the messages published with his/her user name and of the use of the information contained in such forum. MOTION reserves the right to eliminate and/or modify the content of any such message of forum, at any time and at its sole discretion.
MOTION warns all Users about some precautions to be adopted before accessing a forum. Users accessing a forum shall not, for instance, presume that the other participants are who their claim to be, know what they claim to know, are related with whom they claim to be related. The information from the forum may not be reliable and it is not advisable to take important decisions, such as commercial and investment relations, based solely or principally on information that the User cannot verify. MOTION cannot be responsible for the content or the completeness of such information and does not assume any responsibility over any commercial, investment or other similar decision based in such information.
MOTION reserves the right to eliminate the content from the instant messaging, the published messages and the e-mails not relating to the subject being discussed at the respective forum.
Some of the MOTION Site allows the sending of electronic cards. The User must solely use the electronic cards or the mobiles messages with non-commercial purposes. In order to send a card or message of this kind, he or she must provide MOTION with an e-mail address or with a mobile phone. It is absolutely forbidden to send such cards and mobile messages through massive mailings or automated programs. The electronic cards and mobile messages must not contain inappropriate language or contents from third parties and may not promote illegal activities. The electronic cards and mobiles messages which do not comply with these rules must not be sent, and the User shall be responsible for making use of them. The User shall also be responsible for providing the recipient ´s e-mail and undertakes that it has obtained the prior consent from such person. MOTION shall access such address solely for the purpose of sending such message or card, without maintaining any such data for any other purposes. The User must avoid sending any such message through the MOTION Site without the recipients consent.
6. USE OF THE INFORMATION
The personal data collected through the MOTION Site are incorporated in one or various automated files which have been registered before the Spanish Data Protection Agency.
MOTION shall use the data collected through the MOTION Site for the following purposes:
The verification of the parents´ consent with respect to the use of the MOTION Site by their children;
The activation of the account permitting the access to specific areas of the MOTION Site;
The submission of commercial and/or promotional communications from MOTION or any third party with which MOTION may have any agreement;
The submission of information related to MOTION´s products, goods, services and/or the MOTION Site;
The update of the Users web profiles;
The follow-up and control of the uses made by the Users of the MOTION Site;
The submission of such information to the administrative or public competent authorities in relation to the commission of a possible violation or infraction as permitted by the applicable legislation;
MOTION´s compliance with a public obligation;
Any other purpose more specifically described in the Terms of Use or in any norms which may apply to specific products or services.
In the event that MOTION transfers part of its business, or when merging or transforming its group of undertakings, MOTION shall be entitled to transfer the personal data to the new grouping, as permitted by the applicable legislation. In any event, the User expressly accepts the incorporation of his/her personal data to the files owned by MOTION or by any of the companies owned by its grouping. In addition, the User agrees that MOTION may commission to third parties the processing of his/her personal data for a better provision of the services being offered through the MOTION Site, in accordance with the legal obligations contained in the LOPD and the RPDP and the purposes herein provided.
7. NOTE FOR PARENTS
Internet offers a world of fun opportunities to kids. The participation and advise of their parents and adults are essential to warrant the kids a secure experience through the Internet. For this reason, we invite adults to share the navigation experience with their kids. We especially advice parents and guardians to access at all times the MOTION Site with their kids and to participate in all the games and fun which they offer.
8. TERM
MOTION may modify this data protection policy at any time with the purpose of introducing commercial improvements, or to make any adaptation required by any new piece of legislation or instructions required by the Spanish Data Protection Agency. The User is therefore advised to consult it periodically.