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MACCS Business-to-Business Privacy Policy

This is a business-to-business Web site operated by MACCS International bv. This privacy policy applies to information that you provide to MACCS via this site, and/or by use of other MACCS sites or services that may be provided by other means or media included as set forth below. This Privacy Policy is intended to provide notice of MACCS's information collection practices, including the types of information gathered, how the information is used and safeguarded, and the degree to which you may control the maintenance and sharing of your information. Your use of this MACCS Web site or any of MACCS's services constitutes acceptance of this Privacy Policy and any other applicable terms.

Personally Identifiable Information That We Collect

MACCS respects your privacy and is committed to protecting personally identifiable information that you provide in connection with your use of its Web sites.

User Accounts

In order to use some services or download materials from MACCS sites, you may need to register and create a user account ("User Account"). You may be asked to choose a user or member name ("User Name") and password. Please do not use your real name or the real name of another person when selecting a User Name. You are responsible for maintaining the confidentiality of your password, whether you choose it for yourself or MACCS assigns it to you. You may also be asked to provide certain personally identifiable information, such as your real name, address, telephone number, and e-mail address. As part of your User Account, you may receive email newsletters on occasion. You may request to opt out of these emails at any time by selecting the "opt-out" option within the body of the email.

Depending on MACCS products subscribed by you may be responsible for maintaining and updating your personal profile with current and complete information.

Information Collected by Other Means or Media

In some situations, we may also collect personally identifiable information and other information about you through other means, directly or indirectly. For example, if you access any MACCS content, or purchase such content via your wireless carrier or through another third party, MACCS may collect information directly from you or through the third party. Likewise, if you use our software, or provide information to other companies who share information about their customers, we may collect additional information about you. In each of these cases, MACCS will apply this policy to any personally identifiable information that might be acquired.

Customer Service

Some services may offer support and technical assistance through customer service centers via telephone, online chat, or e-mail. Whenever you communicate with customer service, you do so with the understanding that an operator may view and make changes to the information in your User Account in order to provide the assistance that you need.

Non-Personally Identifiable Information That We Collect

As part of the registration process, you may be asked to provide information that does not personally identify you. This information is generally optional but may be included in your Personal Profile. MACCS requests this information to understand you better and to also bring to your attention new services, programs, or offers that may be of interest.

In many cases, MACCS will automatically collect certain non-personally identifiable information about your use of its sites and services. MACCS might collect, among other things, information concerning the type of Internet browser or computer operating system you are using, the domain name of your Internet service provider, your "click path" through the MACCS sites or "click-through" from an e-mail, the Web site or advertisement that was linked to or from the MACCS site when you visited, and your IP address. To do this, MACCS may use cookies and other technology (see below). If you are using wireless services, we may also automatically collect information such as the type of wireless device you are using, your mobile identification number (assigned by your telecommunications carrier) and telecommunications carrier. Your use of our Web sites and services, and information provided through these technologies, will be anonymous unless you provide us with personally identifiable information or have provided such information in the past.

Cookies and Related Technology

MACCS Web sites, and some services and advertisements may contain "cookies," clear gifs (also known as web beacons or web bugs), or similar technology. A cookie is a piece of data that is sent to your browser, which will store the cookie on your computer if your browser is enabled to accept cookies. Clear gifs assist in the delivery of cookies and the collection of non-personally identifiable information, such as "click path" and other data as described above.

MACCS uses cookies, clear gifs, frames, server log analysis and other technologies, as they are developed to customize your experience with our sites and services.

Most Internet browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions or "Help" screen to learn more about how to manage cookies. Please note, however, that if you block cookies, some portions of the MACCS Web sites and services may not function properly.

Some MACCS products may have third party ads. MACCS does not control cookies in third party ads, if and when applicable, and visitors are encouraged to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technology. The ads, if and when applicable, appearing on our Web sites may be delivered to you by third-party advertising companies. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you.

Non-Personally Identifiable Information

From time to time, MACCS may share with third parties aggregate, non-personally identifiable user information to show general demographic and preference information among users of the MACCS Web sites.

Personally Identifiable Information

MACCS uses information about you to deliver the services that you request, to inform you of other services or offers in which you might be interested, and to improve and enhance our sites and services. If you provide MACCS with personally identifiable information, we will take all reasonable and appropriate steps to protect it from unauthorized disclosure.

If you opt in to receive e-mail from us, you can always opt out of future marketing messages by following the directions in each message to "unsubscribe." However, if you choose to opt out of marketing messages, we reserve the right to contact you regarding your account status, technical support, product information, changes to account terms, and any other matter that might affect our service to you and/or any products you purchased from us or registered with us, as applicable.

You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of a MACCS Web site or Service, of any information about you contained in the applicable MACCS database, if MACCS assigns its rights and obligations regarding any of your information at the time of a merger, acquisition, or sale of all or substantially all of MACCS's or such MACCS company's assets related to the applicable site or Service to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the site or any related Service signifies your agreement to be bound by the Privacy Policy of the site's or Service's subsequent owner or operator.

MACCS may also work from time to time with third parties to provide portions of its sites and services. By participating in such services, you are deemed to consent to us sharing your information with third parties who provide services such as processing of credit card transactions, customer service, promotion administration, and order fulfillment, as applicable. Third parties who provide, who provide services on MACCS sites are prohibited from using our customers' personally identifiable information for marketing purposes and/or from sharing, selling, or otherwise using such information, unless you choose to opt in to marketing, sharing, or other uses by the third parties. If you do not want your information to be used for by a third party who participates in providing a service on one of our sites, do not opt in to such use by that third party when you register to participate in the service being offered.

Please note that whenever you opt in to receive future communications from a third party, your 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 information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.

MACCS will not share, sell, rent, or disclose any personally identifiable information that we have collected except as stated herein, or in the following instances: 1) we have been given your consent to disclose;2) we have previously informed you of the disclosure, including by means of our Privacy Policy or on the Web site; 3) we are required by law, legal process, or court order to disclose; 4) disclosure is necessary to identify, contact, or bring legal action against someone who may cause or be causing harm to, or interference with, MACCS's rights or property, other MACCS Web site users, or anyone else; or 5) to respond to an inquiry, request or complaint that you have made. MACCS may also use IP addresses in cooperation with Internet service providers to identify users if we deem it necessary to comply with law, to enforce compliance with this Privacy Policy or to protect our sites, customers, or others.

Our Commitment to Data Security

While MACCS takes reasonable and appropriate precautions to protect your personally identifiable information from unauthorized disclosure and to prevent possible security breaches in our Web sites, services, and customer databases, no Web site, Internet transmission, computer system or wireless connection is completely secure.

Consequently, MACCS cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the MACCS sites and services is at your own risk. MACCS urges you to take steps to keep your information safe by memorizing your password or keeping it in a safe place (separate from your account information), logging out of your User Account, and closing your Web browser.

Hyperlinks To and From Other Sites

MACCS sites may frame, and/or contain links to, or advertisements about, non-MACCS Web sites. Other sites may also reference, advertise, or link to MACCS sites. MACCS does not endorse or sponsor other Web sites, is not responsible for the privacy practices or the content of non-MACCS sites, expressly disclaims any statements or assertions made on such Web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisements.

Contact Us Regarding Privacy

MACCS is dedicated to protecting your personally identifiable information and welcomes comments and questions on this Privacy Policy. If you have any questions regarding this policy, please contact us: support@maccs.com

Notification of Changes

MACCS reserves the right to change this Privacy Policy at any time. In case of any material change to the Privacy Policy, we will replace the "Privacy Policy" link on the home page of the affected site(s) with a link entitled "Updated Privacy Policy" for no less than 30 days. All changes to the Privacy Policy will be effective when posted, and your continued use of any MACCS site or Service after the posting will constitute acceptance of, and agreement to be bound by, those changes.

Terms of Use

These Terms of Use ( "TOU") govern your use of the MaccsBox.com website and the data, information and reports available at or obtained from the MaccsBox.com Website (collectively, the "MaccsBox.com Data"), and by using the MaccsBox.com Website, you hereby agree to these TOU for the benefit of MACCS International bv ( "MACCS"). If you have entered into a service agreement or other agreement with MACCS with respect to MaccsBox.com ( "Service Agreement"), that agreement also governs your use of the MaccsBox.com Website and the MaccsBox.com Data. You and your company using the MaccsBox.com Website and the MaccsBox.com Data are referred to in these TOU as the "User."

Use of the MaccsBox.com Website and Data

MACCS hereby grants User, on the terms of these TOU and the Service Agreement (if applicable), the non-exclusive right to access the MaccsBox.com Website and view and use the MaccsBox.com Data solely for User's internal business purposes. The MaccsBox.com Data and the MaccsBox.com Website are not intended to be used (a) in connection with research where the primary use of such data or site is for making investment decisions, or (b) for reporting or calculating royalties or other fees based on usage, and any use of the MaccsBox.com Data or the MaccsBox.com Website for such purposes shall be at User's sole risk. User shall not have the right to display, publish, distribute, disseminate or otherwise make public any MaccsBox.com Data without MACCS's prior written consent. User acknowledges that all MaccsBox.com Data is "Confidential Information" subject to Section 6 below and that in all events User may not rely on the accuracy of the MaccsBox.com Data in making representations to advertisers or similar parties concerning the usage of content.

Modification of MaccsBox.com

MACCS reserves the right at any time to revise and modify the MaccsBox.com Website and the MaccsBox.com system and to alter their features, specifications, capabilities and/or functions, without notice to User except as otherwise provided in the Service Agreement (if applicable).

Termination of User Rights

MACCS shall have the right to terminate User's rights under these TOU, including the right to access the MaccsBox.com Website and/or user the MaccsBox.com Data for any reason if User breaches any of its obligations under these TOU, subject to the provisions of User's Service Agreement, if applicable. Within 90 days of expiration or termination of User's rights under these TOU, User shall certify in writing to MACCS that it has returned or destroyed (at MACCS's election) all electronic or hard copies of the MaccsBox.com Data which are then in User's possession, including but not limited to copies residing on leased servers, at hosting services, on disaster recovery servers, in backups or in archives, except with respect to disaster recovery servers, backups and archives where the return, removal or destruction of such data would not be commercially practical.

Ownership of MaccsBox.com

MACCS is the exclusive owner of the MaccsBox.com Website, the MaccsBox.com system and concept, the MaccsBox.com Data as represented by the MaccsBox.com system, and all copyright, trademark, patent and other intellectual property rights therein, and nothing in these TOU shall be construed as granting to User any intellectual property rights therein. All rights not granted to User are expressly reserved to MACCS. User shall not have the right to sell, sublicense, transfer, or grant any rights in MaccsBox.com or any MaccsBox.com Data to any third party.

Confidentiality

User agrees that it will use MACCS Confidential Information (as defined below) only for its internal business purposes only to the extent necessary for such purposes and will restrict disclosure of the MACCS Confidential Information to its employees, consultants or independent contractors with a need to know and will not disclose any MACCS Confidential Information to any third party without MACCS's prior written approval, except as specifically permitted in the Service Agreement (if applicable). Notwithstanding the foregoing, it will not be a breach of these TOU for User to disclose MACCS Confidential Information if required to do so under law or in a judicial or other governmental investigation or proceeding, provided MACCS has been given prior notice and User has sought all available safeguards against widespread dissemination prior to such disclosure. As used in these TOU, the term "MACCS Confidential Information" refers to: (i) any and all MaccsBox.com Data and any other nonpublic information accessible by logging on to the MaccsBox.com Website; (ii) any MaccsBox.com user manuals provided to User; and (iii) MACCS's trade secrets, business plans, strategies, methods and/or practices that are not generally known to the public. Notwithstanding the foregoing, MACCS Confidential Information specifically excludes: (A) information that is now in the public domain or subsequently enters the public domain by publication or otherwise through no action or fault of User, its employees or agents; (B) information that is known to User without restriction, prior to receipt from MACCS, from User's own independent sources as evidenced by User's written records, and which was not acquired, directly or indirectly, from MACCS; (C) information that User receives from any third party reasonably known by User to have a legal right to transmit such information, and not under any obligation to keep such information confidential; and (D) information independently developed by User's employees or agents provided that User can show that those same employees or agents had no access to the MACCS Confidential Information received hereunder.

Passwords

User agrees to keep confidential unique login and password where user accesses certain areas of the MaccsBox.com Website protected by these. User agrees to notify MACCS promptly if User has any reason to believe that any third party has unauthorized access to its login or password. User shall be responsible for any and all use of the MaccsBox.com Website occurring under its login and password.

No Warranties

THE MaccsBox.com SITE AND DATA AVAILABLE ARE PROVIDED ON AN "AS IS"AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MACCS DOES NOT WARRANT THAT THE MaccsBox.com SITE OR USER'S ACCESS TO THE MaccsBox.com SITE WILL BE ERROR-FREE OR UNINTERRUPTED, AND HEREBY DISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT THEREOF.

Limitation of Liability

IN NO EVENT SHALL MACCS, ITS OFFICERS, DIRECTORS, EMPLOYEES OR SHAREHOLDERS BE LIABLE UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR PRODUCT LIABILITY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS OR DATA, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS), ARISING FROM OR RELATING TO THE USE OF THE MaccsBox.com SITE, OR ANY MaccsBox.com DATA, INCLUDING DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE MaccsBox.com SITE OR THE MaccsBox.com DATA OR FROM ERRORS, OMISSIONS OR OTHER INACURRACIES IN THE MaccsBox.com DATA, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT PREJUDICE TO THE FOREGOING LIMITATION, THE AGGREGATE LIABILITY OF MACCS TO USER UNDER ANY AND ALL THEORIES, INCLUDING BUT NOT LIMITED TO CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR PRODUCT LIABILITY, SHALL IN NO EVENT EXCEED THE AMOUNT PAID TO MACCS BY USER FOR MaccsBox.com DURING THE IMMEDIATELY PRECEDING SIX-MONTH PERIOD.

Indemnification

User agrees to indemnify, defend and hold harmless MACCS, its affiliates, licensors, and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of the use of the MaccsBox.com Website or the MaccsBox.com Data, including without limitation the uses described in items (a) and (b) of Section 2 and further including any representations to advertisers or similar parties concerning the usage of content, by User or any other person using User's password.

Amendment of TOU

MACCS shall have right to update, amend or restate these TOU without the consent of User and without prior notice to User; provided, however, MACCS will use reasonable efforts to give User 10 days' prior notice of any such updates, amendments or restatements.

Miscellaneous

These TOU will be governed by the laws of The Netherlands. Any action or proceeding arising from or relating to these TOU shall be brought in a court in The Netherlands, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. If any legal action is brought to enforce these TOU, the prevailing party will be entitled to receive reasonable attorneys' fees, court costs, and other collection expenses, in addition to any other relief it may receive, in any bankruptcy case, arbitration proceeding or court case. Any waiver or failure to enforce any provision of these TOU on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of these TOU is determined to be unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Conflicts

In the event of any conflicts between the terms of these TOU and the Service Agreement (if applicable), the terms of the Service Agreement shall control.

Headquarters

MACCS International bv

Heidenheim 7
9492 TE Ubbena
The Netherlands

tel: +31 (0)592 544 566
fax: +31 (0)592 580 625
email: sales@maccs.com

United Kingdom

Backlot Limited

56 Broadwick Street
London
W1F 7AJ
United Kingdom

tel: +44 (0)20 7434 7237
email: info@backlot.co.uk
website: www.backlot.co.uk

Australia

MACCS International bv

70 Miles Franklin Bvd
Point Cook
VIC 3030
Australia

tel: +61 (4) 3069 1607
fax: +61 (3) 8353 1025
email: alan.jones@maccs.com