Privacy Policy

1. BACKGROUND
This is the official privacy policy and statement of  privacy rights (“Privacy Policy”) of 3Shade Productions and related websites (collectively, the “THE 3SHADE WEBSITE”, or “Website”) and is part of and subject to the terms of use for THE 3SHADE WEBSITE (the “Terms of Use” or “Agreement”). By using THE 3SHADE WEBSITE, or any of the updates and by providing information through or at THE 3SHADE WEBSITE, you acknowledge that you have read and understood this Privacy Policy and agree to be bound by its terms and conditions. If you do not agree to the terms and conditions of this Privacy Policy, do not use THE 3SHADE WEBSITE, or provide any information through or at THE 3SHADE WEBSITE.
This Privacy Policy is intended to apply only to the Personal Information collected by 3SHADE PRODUCTIONS (“3SHADE” or “us”) as a result of your use of THE 3SHADE WEBSITE and does not cover any information collected in any other manner, for any other purpose or by any other web site or enterprise. For purposes herein, when we refer to “Personal Information,” we mean information such as your name, address, telephone number, blog or other personal website URL, date of birth, e-mail address and any other information that would allow someone to identify you or contact you. Personal Information also includes information about your personal preferences, survey responses and your transactions or relationship with THE 3SHADE WEBSITE, if you have been a user or you have provided this type of information to 3SHADE. Your provision of such Personal Information may enable you to participate in beta tests, contests, promotions, trial offers, chat rooms, on bulletin boards, to receive text messages and/or emails, to subscribe to newsletters or mailing lists, or to purchase products, content and services using THE 3SHADE WEBSITE.
3SHADE reserves the right, without advance notice to you, to revise this Privacy Policy at any time by posting the revisions and/or the revised Privacy Policy on THE 3SHADE WEBSITE. Such revisions shall be effective to you immediately upon posting. 3SHADE encourages you to check this Privacy Policy often for updates. 3SHADE may also e-mail you about any changes to this Privacy Policy when they have been made. Keeping the Personal Information you share with us on THE 3SHADE WEBSITE secure and ensuring your understanding of how 3SHADE collects, uses, discloses and maintains your Personal Information is important to 3SHADE. 3SHADE endeavors to maintain reasonable physical, electronic and procedural safeguards to protect your Personal Information.

 

2. RESTRICTED ACCESS
THE 3SHADE WEBSITE is offered and made available only to users 13 years of age or older and if you are not yet 13 years old, or your use of our THE 3SHADE WEBSITE is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions of our Terms of Use, please discontinue using THE 3SHADE WEBSITE immediately because by using or attempting to use THE 3SHADE WEBSITE, you are certifying that you are at least 13 years of age and meet all other eligibility requirements for your use of THE 3SHADE WEBSITE.

In the event that 3SHADE or our Affiliates unknowingly send an e-mail or other message to a child (a person under the age of 13 years) who has improperly registered with THE 3SHADE WEBSITE, the child or the child’s parent or legal guardian always have the right to unsubscribe (opt-out) from receiving future e-mails or text messages using the opt-out (e.g., unsubscribe) mechanism contained in the e-mail or message, or to request termination of the child’s registration and status as a registered user with THE 3SHADE WEBSITE.

 

3. GENERAL PRIVACY INFORMATION
THE 3SHADE WEBSITE is designed and targeted to North American audiences (as 3SHADE resides in Canada) and is governed by and operated in accordance with the laws of Canada. 3SHADE makes no representation that THE 3SHADE WEBSITE is operated in accordance with the laws or regulations or is governed by other nations. If you are located in the European Union or elsewhere outside of North America and you use THE 3SHADE WEBSITE, you do so at your own risk and initiative and you are responsible for compliance with all of the laws and regulations that apply to you. Please be aware that any Personal Information you provide to 3SHADE or 3SHADE obtains as a result of your use of THE 3SHADE WEBSITE, will be transferred to North America and subject to Canadian law. By using THE 3SHADE WEBSITE, participating in any THE 3SHADE WEBSITE activities and/or providing 3SHADE with your Personal Information, you consent to the transfer and processing of Personal Information to North America and in other countries that may not have an equivalent level of protection or a level of data protection considered adequate in the European Union or European Economic Area. Consequently, you hereby waive any claims that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction.

All users of THE 3SHADE WEBSITE are required to provide true, current, complete and accurate Personal Information when prompted and 3SHADE will reject and delete any entry that 3SHADE believes in good faith to be false, fraudulent, or inconsistent with this Privacy Policy.

Your continued participation on THE 3SHADE WEBSITE indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information as described below. 3SHADE may, from time to time, transfer or merge any Personal Information collected off-line to online databases or store off-line information in an electronic format. 3SHADE may also combine Personal Information 3SHADE collects online with information available from other sources, including information received from our Affiliates, marketing companies, or advertisers. This Privacy Policy covers all such Personal Information and will remain in full force and effect until terminated, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.

If you provide personal information to us with respect to potential employment opportunities with 3SHADE, such as your resume, 3SHADE will treat such personal information as confidential and use it only to consider you for current and future employment opportunities and to contact you with respect to employment with us or 3SHADE’s Affiliates. An “Affiliate” is a person or entity that directly or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, 3SHADE. We may retain your information for further recruitment opportunities that may arise, unless you tell us that you no longer wish for us to retain your information.

 

4. CANADA PRIVACY RIGHTS
A Canadian resident who has provided Personal Information to a business with whom he/she has established a business relationship for personal, family, or household purpose is entitled to request information about whether the business has disclosed Personal Information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of Personal Information, upon receipt of a request by a user, the business is required to provide a list of all third parties to whom Personal Information was disclosed in the preceding calendar year, as well as a list of the categories of Personal Information that were disclosed.

However, under the law, a business is not required to provide the above-described lists if the business maintains and adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer’s Personal Information to third parties for their direct marketing purposes unless (1) the customer first affirmatively agrees to the disclosure or (2) the customer refrains from exercising an option that prevents the disclosure. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of Personal Information and providing a cost free means to exercise that right.

As stated in this Privacy Policy, 3SHADE does not share Personal information with third parties for their direct marketing purposes unless you agree to such disclosure — either by opting in to receive information from such a third party, or choosing not to opt-out from receiving such information. To prevent disclosure of your Personal Information for use in direct marketing by a third party, do not opt-in to such use when you provide personally identifiable information on one of our sites, or, if applicable, opt-out from such use. Please note that whenever you opt-in to receive future communications from a third party or refrain from opting out from such sharing, your Personal Information will be subject to the third party’s privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use Personal Information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.

If you are a Canadian resident and request information about how to exercise your third party disclosure choices you may send an e-mail to 3shadeproductions@gmail.com.

Please include your name, street address, city, state, and zip code. (Your street address is optional if you wish to receive a response to your request via e-mail. Please include your zip code for our own recordkeeping.) 3SHADE will not accept requests via the telephone or by facsimile. 3SHADE is not responsible for notices that are not labeled or not sent properly or do not have complete information.

To all users of THE 3SHADE WEBSITE, if you have questions about this Privacy Policy, please send an e-mail to 3shadeproductions@gmail.com.

 

5. COLLECTION AND USE OF PERSONAL INFORMATION
3SHADE collects Personal Information about you when you visit THE 3SHADE WEBSITE and when you input information, whether you are registering to use any services, features or functions of THE 3SHADE WEBSITE, participating in promotions, or in the course of any other exchanges of information, transactions and activities. 3SHADE may use the information 3SHADE obtains from you, including Personal Information, to tailor your experience on THE 3SHADE WEBSITE, to display Content 3SHADE thinks may be of interest to you, or to let 3SHADE customize what you see when you visit THE 3SHADE WEBSITE according to your preferences.

It is your responsibility to give 3SHADE current, complete, truthful and accurate information and to keep the Personal Information that you provide to 3SHADE up to date. 3SHADE cannot and will not be responsible for any problems or liability that may arise if you do not give SMOSH accurate, truthful or complete information or you fail to update the information you give 3SHADE.

You are solely responsible for maintaining the strict confidentiality of your user name and password and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You are solely responsible and liable for your activity, behavior, use and conduct on THE 3SHADE WEBSITE and for any use of the website or any other activity or conduct in connection with THE 3SHADE WEBSITE, by any others who use your user name or password, unless and until you notify 3SHADE that your user name or password may have been compromised, misappropriated or improperly taken, or used by another party. Bear in mind that when you submit information to 3SHADE, it does not guarantee that 3SHADE will permit you to use any or all of the features of functions of THE 3SHADE WEBSITE.
As 3SHADE continues to develop our business, 3SHADE might sell certain business assets. In such transactions, User information, including personal information, may be one of the transferred business assets. By submitting your personal information on THE 3SHADE WEBSITE, you hereby acknowledge, agree, conform and ratify that your User Information may be transferred under such circumstances, including to a third party acquiror.

 

6. PROMOTIONS AND OFFERS
3SHADE may contact THE 3SHADE WEBSITE users or others that have registered for or participated in various THE 3SHADE WEBSITE Promotions, transactions or events, or send offers for the purchase of goods and/or services that may of interest to users. You can also use the opt-out mechanism that is contained in the e-mails 3SHADE sends you. However, 3SHADE may continue to contact you via e-mail for administrative or informational purposes, including follow-up messages regarding any services, features or functions you have enrolled or registered to use, any Promotions you have participated in or have entered, goods or services you have ordered or other transactions you have undertaken with THE 3SHADE WEBSITE.

 

7. SHARING OF AGGREGATE INFORMATION WITH THIRD PARTIES
Some of the aggregate data 3SHADE collects in connection with THE 3SHADE WEBSITE may be shared with advertisers and other business partners of 3SHADE and/or its Affiliates, but 3SHADE does not give any Personal Information to them as part of the relationship except as described in this Privacy Policy. Use of their tracking technology is subject to their own privacy policies.

 

8. USE OF COMMUNITIES
If you use any of the community features and functions that may be made available on or through THE 3SHADE WEBSITE, please remember that any information disclosed in these venues is automatically made public. You should exercise caution when disclosing any Personal Information in such communities, as you do not know who will access and use your Personal Information or for what purposes. 3SHADE will be in no way responsible for the accuracy, use, or misuse of any information that you disclose or receive through these venues, if any, and you should assume that any disclosure you do make in these venues will be available publicly, even without your knowledge or authorization. Additionally, to the extent that THE 3SHADE WEBSITE may have certain features that allow you to send information to others, 3SHADE may monitor such messages via electronic software or personnel to check for obscenity, defamation or other types of abusive language, as well as for content that may infringe 3SHADE rights or the rights of others, all of which we may remove at any time. 3SHADE will not otherwise access these messages except in certain cases, including but not limited to times when we receive specific complaints related to a particular message or are compelled to do so by law. Also for administrative purposes, 3SHADE may opt to keep a mail log that will include a record of which users sent messages and to which users or email addresses they were sent. We will use the addressee information you enter only to send the emails you request.

 

9. COOKIES
When you visit THE 3SHADE WEBSITE, 3SHADE may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser. 3SHADE uses ‘cookie’ technology to collect data regarding your visits to THE 3SHADE WEBSITE. This data is stored in aggregate form and is not used to identify any particular user or individual. 3SHADE uses cookies and similar tracking technologies in a variety of ways. 3SHADE uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of THE 3SHADE WEBSITE may not function properly if the ability to accept cookies is disabled.

 

10. ADVERTISEMENTS/LINKS
THE 3SHADE WEBSITE may contain advertisements, references and links to other websites and organizations. 3SHADE may also use third parties to display or serve advertising on THE 3SHADE WEBSITE and web-based newsletters or other communications which you may choose to receive. Often these third party advertisers employ cookie and web bug technologies to measure advertising effectiveness. You should be aware that different rules might apply to the collection, use or disclosure of your information by third parties in connection with their advertisements, promotions and other websites you encounter on the Internet. The use of such technology by these third parties is within their control and not in the control of 3SHADE. Even if 3SHADE has a relationship with the third party, 3SHADE does not control their sites or their policies and practices regarding your Personal Information. This Privacy Policy does not cover any use of Personal Information that any third party, any Advertiser or any ad server may collect from you. 3SHADE encourages you to investigate and ask questions directly of them in this regard.

 

11. DISCLOSURE TO THIRD PARTIES
3SHADE does not sell, rent, lease or disclose your Personal Information to unaffiliated entities or entities that are not our advertisers, except in the limited circumstances listed below. When 3SHADE plans to disclose your Personal Information to advertisers, 3SHADE will ask you to opt-in to do so, in which case their use of your information is subject to the advertisers’ own privacy policies. 3SHADE may disclose Personal Information to Affiliates for marketing or administrative purposes.

 

12. QUESTIONS
If you have questions about this Privacy Policy or if you do not understand any information about how 3SHADE collects, maintains, uses or shares your personally identifiable information, you may email 3SHADE at: 3shadeproductions@gmail.com.

 

Effective Date: 8 July 2011