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Terms of Service & Privacy Policy

Terms of Service:

The following terms and conditions govern all use of the Livingthechangefilm.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Happen Films (“Happen Films”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Happen Film’s Privacy Policy) and procedures that may be published from time to time on this Site by Happen Films (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Happen Films, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your Livingthechangefilm.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Happen Films may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Happen Films liability. You must immediately notify Happen Films of any unauthorized uses of your blog, your account or any other breaches of security. Happen Films will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
    • your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
    • your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Happen Films or otherwise.
  3. By submitting Content to Happen Films for inclusion on your Website, you grant Happen Films a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Happen Films will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
  4. Without limiting any of those representations or warranties, Happen Films has the right (though not the obligation) to, in Happen Film’s sole discretion (i) refuse or remove any content that, in Happen Film’s reasonable opinion, violates any Happen Films policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Happen Film’s sole discretion. Happen Films will have no obligation to provide a refund of any amounts previously paid.
  5. Payment and Renewal.
    • General Terms.
    • By selecting a product or service, you agree to pay Happen Films the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
    • Automatic Renewal.
    • Unless you notify Happen Films before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Happen Films in writing.
  6. Services.
    • Fees; Payment. By signing up for a Services account you agree to pay Happen Films the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Happen Films reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Happen Films.
    • Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Happen Films to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free Livingthechangefilm.com services. All support will be provided in accordance with Happen Films standard services practices, procedures and policies.
  7. Responsibility of Website Visitors. Happen Films has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Happen Films does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Happen Films disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  8. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Livingthechangefilm.com links, and that link to Livingthechangefilm.com. Happen Films does not have any control over those non-Happen Films websites and webpages, and is not responsible for their contents or their use. By linking to a non-Happen Films website or webpage, Happen Films does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Happen Films disclaims any responsibility for any harm resulting from your use of non-Happen Films websites and webpages.
  9. Copyright Infringement and DMCA Policy. As Happen Films asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Livingthechangefilm.com violates your copyright, you are encouraged to notify Happen Films in accordance with Happen Film’s Digital Millennium Copyright Act (“DMCA”) Policy. Happen Films will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Happen Films will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Happen Films or others. In the case of such termination, Happen Films will have no obligation to provide a refund of any amounts previously paid to Happen Films.
  10. Intellectual Property. This Agreement does not transfer from Happen Films to you any Happen Films or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Happen Films. Happen Films, Livingthechangefilm.com, the Livingthechangefilm.com logo, and all other trademarks, service marks, graphics and logos used in connection with Livingthechangefilm.com, or the Website are trademarks or registered trademarks of Happen Films or Happen Film’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Happen Films or third-party trademarks.
  11. Advertisements. Happen Films reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
  12. Attribution. Happen Films reserves the right to display attribution links such as ‘Blog at Livingthechangefilm.com,’ theme author, and font attribution in your blog footer or toolbar.
  13. Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
  14. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
  15. Changes. Happen Films reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Happen Films may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  16. Termination. Happen Films may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Livingthechangefilm.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Happen Films if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Happen Film’s notice to you thereof; provided that, Happen Films can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  17. Disclaimer of Warranties. The Website is provided “as is”. Happen Films and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Happen Films nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  18. Limitation of Liability. In no event will Happen Films, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Happen Films under this agreement during the twelve (12) month period prior to the cause of action. Happen Films shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  19. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Happen Films Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  20. Indemnification. You agree to indemnify and hold harmless Happen Films, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  21. Miscellaneous. This Agreement constitutes the entire agreement between Happen Films and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Happen Films, or by the posting by Happen Films of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Victoria, Australia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Melbourne, Victoria, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Happen Films may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Privacy Policy

Happen Films (“Happen Films”) operates Livingthechangefilm.com and may operate other websites. It is Happen Film’s policy to respect your privacy regarding any information we may collect while operating our websites.

1. Scope

All data subjects whose personal data is collected, in line with the requirements of the GDPR.

2. Responsibilities


The Data Protection Officer (DPO) is responsible for ensuring that this notice is made available to data subjects prior to Happen Films collecting/processing their personal data.
All employees of Happen Films who interact with data subjects are responsible for ensuring that this notice is drawn to the data subject’s attention and their consent to the processing of their data is secured.

3. Privacy notice

1. Who are we?

Happen Films is a documentary production company based in Australia. We make short and feature-length films about sustainable living.

Our Data Protection Officer (DPO) and data protection representatives can be contacted directly here:
team@happenfilms.com

We collect information about you during the checkout process on our store. This information may include, but is not limited to, your name, billing address, shipping address, email address, phone number, credit card/payment details and any other details that might be requested from you for the purpose of processing your orders.

Handling this data also allows us to:
– Send you important account/order/service information.
– Respond to your queries, refund requests, or complaints.
– Process payments and to prevent fraudulent transactions. We do this on the basis of our legitimate business interests.
– Set up and administer your account, provide technical and/or customer support, and to verify your identity.

Additionally we may also collect the following information:
– Location and traffic data (including IP address and browser type) if you place an order, or if we need to estimate taxes and shipping costs based on your location.
– Product pages visited and content viewed while your session is active.
– Your comments and product reviews if you choose to leave them on our website.
– Account email/password to allow you to access your account, if you have one.
– If you choose to create an account with us, your name, address, and email address, which will be used to populate the checkout for future orders.

The personal data we collect will be used for the following purposes:
– Processing and delivering film orders
– Responding to an email you’ve sent to us
– Sending newsletters
– Tracking referrals and paying you through the Affiliate Program

Our legal basis for processing for the personal data:
– Article 6(1)(a)
– Article 6(1)(b)

Any legitimate interests pursued by us, or third parties we use, are as follows:
– Selling and delivering Living the Change downloads to customers
– Promoting Living the Change through the Affiliate Program
– Delivering news to newsletter subscribers

2. Consent


By consenting to this privacy notice you are giving us permission to process your personal data specifically for the purposes identified. Consent is required for Happen Films to process both types of personal data, but it must be explicitly given. Where we are asking you for sensitive personal data we will always tell you why and how the information will be used.

You may withdraw consent at any time by contacting us at team@happenfilms.com.

3. Disclosure


Happen Films will pass on your personal data to third parties without first obtaining your consent. The following third parties will receive your personal data for the following purposes of processing payments: Stripe.com and PayPal.com.

4. Retention period


Happen Films will process personal data immediately and will store the personal data for two years.

5. Your rights as a data subject


At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:
– Right of access – you have the right to request a copy of the information that we hold about you.
– Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
– Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
– Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
– Right of portability – you have the right to have the data we hold about you transferred to another organisation.
– Right to object – you have the right to object to certain types of processing such as direct marketing.
– Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.
– Right to judicial review: in the event that Happen Films refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain as outlined in clause 3.6 below.

All of the above requests will be forwarded on should there be a third party involved (as stated in 3.4 above) in the processing of your personal data.

6. Complaints


In the event that you wish to make a complaint about how your personal data is being processed by Happen Films (or third parties as described in 3.4 above), or how your complaint has been handled, you have the right to lodge a complaint directly with Happen Films’s data protection representative (DPO).

7. Online privacy statement


Personal data

Under the EU’s General Data Protection Regulation (GDPR) personal data is defined as:
“any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.

How we use your information

This privacy notice tells you how we, Happen Films, will collect and use your personal data for processing payments and providing the services of Livingthechangefilm.com

Why does Happen Films need to collect and store personal data?

In order for us to provide you with film downloads, allowing you to leave comments, signing up to the newsletter, or joining the Affiliate Program we need to collect personal data for completing orders and providing functionality to the website. In any event, we are committed to ensuring that the information we collect and use is appropriate for this purpose, and does not constitute an invasion of your privacy.
In terms of being contacted for marketing purposes Happen Films would contact you for additional consent.

Will Happen Films share my personal data with anyone else?

We may pass your personal data on to third-party service providers contracted to Happen Films in the course of dealing with you. Any third parties that we may share your data with are obliged to keep your details securely, and to use them only to process payments and deliver downloads and newsletters on our behalf. When they no longer need your data to fulfil this service, they will dispose of the details in line with Happen Films’s procedures. If we wish to pass your sensitive personal data onto a third party we will only do so once we have obtained your consent, unless we are legally required to do otherwise.

How will Happen Films use the personal data it collects about me?

Happen Films will process (collect, store and use) the information you provide in a manner compatible with the EU’s General Data Protection Regulation (GDPR). We will endeavour to keep your information accurate and up to date, and not keep it for longer than is necessary. Happen Films is required to retain information in accordance with the law, such as information needed for income tax and audit purposes. How long certain kinds of personal data should be kept may also be governed by specific business-sector requirements and agreed practices. Personal data may be held in addition to these periods depending on individual business needs.

Under what circumstances will Happen Films contact me?

Our aim is not to be intrusive, and we undertake not to ask irrelevant or unnecessary questions. Moreover, the information you provide will be subject to rigorous measures and procedures to minimise the risk of unauthorised access or disclosure.

Can I find out the personal data that the organisation holds about me?

Happen Films at your request, can confirm what information we hold about you and how it is processed. If Happen Films does hold personal data about you, you can request the following information:
– Identity and the contact details of the person or organisation that has determined how and why to process your data. In some cases, this will be a representative in the EU.
– Contact details of the data protection officer, where applicable.
– The purpose of the processing as well as the legal basis for processing.
– If the processing is based on the legitimate interests of Happen Films or a third party, information about those interests.
– The categories of personal data collected, stored and processed.
– Recipient(s) or categories of recipients that the data is/will be disclosed to.
– If we intend to transfer the personal data to a third country or international organisation, information about how we ensure this is done securely. The EU has approved sending personal data to some countries because they meet a minimum standard of data protection. In other cases, we will ensure there are specific measures in place to secure your information.
– How long the data will be stored.
– Details of your rights to correct, erase, restrict or object to such processing.
– Information about your right to withdraw consent at any time.
– How to lodge a complaint with the supervisory authority.
– Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
– The source of personal data if it wasn’t collected directly from you.
– Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

What forms of ID will I need to provide in order to access this?

Happen Films accepts the following forms of ID when information on your personal data is requested:
Passport, driving licence, birth certificate, utility bill (from last 3 months).

Contact our Data Protection Officer (DPO):
 at team@happenfilms.com

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Analytics

We use Google Analytics and Facebook Pixel to collect certain information about people who visit our website. This information allows us to better understand our audience and helps us with marketing.

 

If you have any questions feel free to get in touch at team@happenfilms.com 🙂