Privacy & Cookie Policy

This privacy notice ("Notice") describes the manner in which FLICKS LTD ("FLICKS", "we", "us" or "our") collects, uses, maintains, discloses and processes the information collected from visitors of the flicks.co.nz, flicks.com.au and flicks.co.uk website (each a "Site") (together referred to as "you" or "your").

FLICKS is the controller of your data and we're committed to keeping your information safe and secure, and handling it in accordance with applicable data protection laws. This Notice contains important information and we ask that you read it carefully.

In this Notice, you can find more about:
- Our Cookie Notice.
– Advertising on our websites.
- What personal information we collect and when and why we use it.
- How we protect and store personal information.
- How we share personal information within the Company and with our service providers, regulators and other third parties.
- Direct Marketing.
- Transferring personal information globally.
- Legal rights available to help manage your privacy.
- Contacting us.

This Notice was last updated on 1 October 2024.

We reserve the right to make changes to the Notice, which will be effective once they are published on this site. If you’re looking for Flicks’ Terms & Conditions, please see here.

Our Cookie Notice

What is a cookie?
A cookie is a small text file containing small amounts of information which is downloaded to/stored on your computer (or other internet enabled devices, such as a smartphone or tablet) when you visit a website. Cookies help us remember information about your visit to our Site, like your country, language and other settings. They can also help us to operate our Site more efficiently and make your next visit easier. Cookies can also allow us to do various other things, as we further explain below.

What cookies do we use?
When you visit our Site, the following cookies may be downloaded to your device:

Strictly necessary cookies
Strictly necessary cookies are required for the administration and operation of our Site. Without such cookies, our Site (or parts of it) may not work properly. These include, for example, cookies that enable you to log into secure areas of our websites. If these cookies are blocked or disabled, some of the website's functions will not be available to you and you may not be able to use our online services. These cookies do not gather information about you that could be used for marketing.

Preference cookies
Preference cookies enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in.

Statistics cookies
Statistic cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously.

Marketing cookies
Marketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers.

Unclassified cookies
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.

Google Analytics
Through Google’s advertising platform, businesses can advertise in Google services as well as on non-Google sites. Some cookies on our Site support Google showing ads on third-party sites and are set in the domain of the website you visit. For example, the ‘_gads’ cookie enables sites to show Google ads. Cookies that start with ‘_gac_’ come from Google Analytics and are used by advertisers to measure user activity and the performance of their ad campaigns. The ‘_gads’ cookies last for 13 months and the ‘_gac_’ cookies last for 90 days.

Some cookies and similar technologies are used to measure ad and campaign performance and conversion rates for Google ads on a site you visit. For example, cookies that start with ‘_gcl_’ are primarily used to help advertisers determine how many times users who click on their ads end up taking an action on their site, such as making a purchase. Cookies used for measuring conversion rates are not used to personalize ads. ‘_gcl_’ cookies last for 90 days. Similar technologies such as the Advertising ID on Android devices can also be used to measure ad and campaign performance. You can manage your Ad ID settings on your Android device.

How can you turn off cookies?
If you do not want us to install cookies or you don’t agree to how we use them in any way, you can change the settings on your internet browser, amend your preferences within the cookie banner, or use the cookie banner button to reject cookies.

The "Help" section of the toolbar on most browsers will tell you how to prevent your device from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, if you use your browser settings to block all cookies (including those cookies that are strictly necessary for the administration and operation of our Site) you may experience reduced functionality or not be able to access all or parts of our Site.

Further information may be found at www.allaboutcookies.org.

Legal bases for using your personal information

We will only collect, use and share your personal information where we are satisfied that we have an appropriate legal basis to do this because the legal bases we may rely on include:

Consent – sometimes we ask for your consent to use your data.

Contract – if we have a contract in place with you, the terms of that contract may requires us to process personal data necessary for that contract, or because you’ve asked us to take specific steps before entering into a contract.

Legitimate interest – we can process your data when this is necessary for us to achieve a business purpose, or where this is necessary for someone else to achieve their purpose. We explain below what interests we, or others, are trying to achieve when we process your data. Where we process personal data on the basis of a legitimate interest, then – as required by data protection law – we have carried out a balancing test to document our interests, to consider what the impact of the processing will be on individuals and to determine whether individuals’ interests outweigh our interests in the processing taking place. You can obtain more information about this balancing test by using the contact details at the end of the notice.

Legal obligation – we have obligations to comply with legal and regulatory requirements under the laws applicable to us in each of the territories that we operate in. In certain cases, we have to use your data to meet these obligations.

If you would like to find out more about the legal basis for which we process personal information, please contact our Data Protection Officer at dpo@vista.co or the Flicks privacy team at privacy@vista.co.

What personal information we collect and when and why we use it

Flicks (the controller of your personal data that is processed when you become a member of Flicks, or use the Flicks website) may collect the following personal information, for the following purposes.

When you visit our site (consent):
If you visit our site: (a) We collect your IP address from you; and (b) we process it in real-time to determine your location, and do not store it. We use your IP address to personalise site content and to provide interest based advertising to you for the purpose of tailoring advertising based on preferences or interests known or inferred from the data collected.

If you sign up to Flicks’ email newsletters (consent):
If you sign up to receive Flicks’ email newsletters using the sign up form on the Site, we’ll collect your email address. This personal information is stored securely by Brevo.com. This information is only used to send individuals Flicks newsletters.

If you elect to become a Flicks member (consent):
If you elect to become a Flicks member, we will also collect and store: your username, email address, date of birth, gender, country (the website you signed up with), data that you add to your watchlist, any photo you upload and any social login tokens you provide. If you sign up using a social media account, we will retrieve and store your name, email address and profile photo and your social login tokens to match you to your social media account. This information is only used to identify you for login purposes, to send you Flicks newsletters, and to send email notifications.

If you enter a competition (consent):
If you enter a competition, at the time of entry, we will collect your email address for the purpose of contacting you if you win a price, or to send you the Flicks newsletter (if you agree to receive it). We may also ask you to confirm your age, to confirm you are eligible to participate.

FLICKS may also use personal information with your consent to:
* personalize your experience of our Site. We may use information in the aggregate to understand how users of our Site, as a group, use the Services and resources provided on our Site
* improve our Site. We may use feedback from you to improve our Services
* send periodic emails and information. For example, we may use your email address to respond to your inquiries, questions, and/or other requests, or if you request it, to arrange a demo of our Services or send you newsletters.

How we protect and store your personal information

We have adopted appropriate data collection, storage and processing practices, technical, organisational and security measures designed to protect against unauthorized access, alteration, disclosure or destruction of the personal information that you share with us.

For example, such measures include:
* placing confidentiality requirements on our staff members and service providers;
* destroying or permanently anonymising personal information if it is no longer needed for the purposes for which it was collected;
* following security procedures in the storage and disclosure of your personal information to prevent unauthorised access to it; and
* using secure communication channels such as SSL ("secure sockets layer") for transmitting data that is sent to us. SSL is an industry standard encryption protocol used to protect online transaction channels.

As the security of information depends in part on the security of the computer you use to communicate with us and the security you use to protect user IDs and passwords, please take appropriate measures to protect this information.

Retention period of your personal data
We will store your personal information for as long as is reasonably necessary for the purposes for which it was collected, as explained in this Notice. Where your information is no longer needed, we will ensure that it is disposed of in a secure manner. In some circumstances we may store your personal information for longer periods of time, for instance where we are required to do so in accordance with legal, regulatory, tax and accounting requirements. In specific circumstances we may store your personal information for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your personal information or dealings.

Nevertheless, transmission of information via the internet is not completely secure and we cannot guarantee the security of information. If you have any questions about how we store your personal information, please contact us via the contact details set out below.

Sharing your personal information with others

We share your personal information in the manner and for the purposes described below:
* with other companies within our group where such disclosure is necessary to provide you with our Services or to manage our business. Click here for a list of our group companies;
* with service providers who help manage our business and deliver services. These service providers have agreed to confidentiality restrictions and use any personal information we share with them or which they collect on our behalf solely for the purpose of providing the contracted service to us. These include Amazon Web Services and Brevo;
* with government organisations and agencies, law enforcement, regulators, to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies;
* we may share in aggregate, statistical form, non-personal information regarding the visitors to our Site, traffic patterns, and Site usage with our partners, affiliates or advertisers.
* If, in the future, we sell or transfer some or all of our business or assets to a third party, we may disclose information to a potential or actual third party purchaser of our business or assets.

We do not control the content or links that appear when you interact with other entities, including when you leave our Sites, and we are not responsible for the practices employed by websites linked to, or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies. This Notice does not apply to your use of any third-party websites.

Advertising on our website

We show you advertising on our websites. Third party companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over. These categories of personal data on their own are not considered personal data as they cannot be used alone to identify you, but, when combined with other personal data, can be considered as personal data as they may be used to identify you) during your visit to our website in order to provide advertisements about goods and services likely to be of greater interest to you. .

Third party companies may also use non-cookie technologies to recognise your computer or device and/or to collect and record information about your web surfing activity including activities on the Flicks websites. Your web browser may not allow you to block the use of non-cookie technologies, and those browser settings that block cookies may have no effect on such techniques.

Explaining more about direct marketing

How we use personal information to keep you up to date with our Services
We may use personal information to let you know about Services that we believe will be of interest to you and/or provide you with our newsletter. We may contact you by email or post, or through other communication channels that we think you may find helpful. In all cases, we will first obtain your consent and respect your preferences for how you would like us to manage marketing activity with you.

How you can manage your marketing preferences
To protect privacy rights and to ensure you have control over how we manage marketing with you:
* we will only undertake direct marketing to you and we will only send you communications which we believe may be of interest or relevance to you if you have expressly consented to receive that marketing and communications;
* you can ask us to stop direct marketing at any time - you can ask us to stop sending email marketing, by following the "unsubscribe" link you will find on all the email marketing messages we send you. Alternatively, you can Contact Us. Please specify whether you would like us to stop all forms of marketing or just a particular type (e.g. email); and
* you can change the way your browser manages cookies, which may be used to deliver online advertising, by following the settings on your browser as explained in Our Cookie Notice.

We recommend you routinely review the privacy notices and preference settings that are available to you on any social media platforms as well as your preferences within your account with us.

Transferring personal information globally

We operate on a global basis. Accordingly, as part of our business activities, your personal information may be transferred and stored in countries outside of the country you are located in, including Europe (and the UK), the United States and New Zealand, that are subject to different standards of data protection.

We will take appropriate steps to ensure that transfers of personal information are in accordance with applicable law and carefully managed to protect your privacy rights and interests and transfers are limited to countries which are recognised as providing an adequate level of legal protection or where we can be satisfied that alternative arrangement are in place to protect your privacy rights.

To this end:
* we ensure transfers within our group of companies will be covered by an agreement entered into by members of our group of companies (an intra-group agreement) which contractually obliges each member to ensure that personal information receives an adequate and consistent level of protection wherever it is transferred within our group of companies;
* where we transfer your personal information outside our group of companies or to third parties who help provide our Services, we rely on EU commission adequacy decisions or UK adequacy decisions (where applicable), or we obtain contractual commitments from them to protect your personal information in accordance with applicable data protection laws, regulations and regulatory guidance. If required, this may include ensuring transfers are governed by the requirements of the Standard Contractual Clauses adopted by the European Commission, the UK international data transfer agreement, or other adequate transfer mechanisms; or
* where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any personal information are disclosed.

You have a right to Contact Us for more information about the safeguards we have put in place (including a copy of relevant contractual commitments) to ensure the adequate protection of your personal information when this is transferred as mentioned above.

You may contact us to action your rights arising out of the GDPR, which include:

* To access personal information
* To rectify / erase personal information
* To restrict the processing of your personal information
* To transfer your personal information (data portability)
* To object to the processing of personal information
* To object to how we use your personal information for direct marketing purposes
* To obtain a copy of personal information safeguards used for transfers outside your jurisdiction
*To withdraw your consent

If you wish to access any of the above-mentioned rights, where necessary, we may ask you for additional information to confirm your identity and for security purposes, in particular before disclosing personal information to you. We reserve the right to charge a fee where permitted by law, for instance, if your request is manifestly unfounded or excessive.

Subject to legal and other permissible considerations, we will make every reasonable effort to honour your request promptly or inform you if we require further information in order to fulfil your request.

We may not always be able to fully address your request, for example, if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.

You may also contact your relevant supervisory authority:
* To lodge a complaint with your local supervisory authority.

If you provide us with personal information through Flicks.co.uk, or you access a Site while you are in the European Union or the UK, the following rights apply to you:

Right to access personal information
You have a right to request that we provide you with a copy of your personal information that we hold and you have the right to be informed of: (a) the source of your personal information; (b) the purposes, legal basis and methods of processing; (c) the data controller’s identity; (d) the entities or categories of entities to whom your personal information may be transferred; (e) the categories of personal data concerned; (f) the retention period(s) of your personal data and (g) where your personal data are transferred to a third country, the appropriate safeguards pursuant to Article 46 relating to the transfer.

Right to rectify or erase personal information
You have a right to request that we rectify inaccurate personal information. We may seek to verify the accuracy of the personal information before rectifying it.

You can also request that we erase your personal information in limited circumstances where:
* it is no longer needed for the purposes for which it was collected; or
* you have withdrawn your consent (where the data processing was based on consent); or
* following a successful right to object (see Right to object); or
* it has been processed unlawfully; or
* to comply with a legal obligation to which FLICKS is subject.

We are not required to comply with your request to erase personal information if the processing of your personal information is necessary:
* for compliance with a legal obligation; or
* for the establishment, exercise or defense of legal claims.

Right to restrict the processing of your personal information
You can ask us to restrict your personal information, but only where:
* its accuracy is contested, to allow us to verify its accuracy; or
* the processing is unlawful, but you do not want it erased; or
* it is no longer needed for the purposes for which it was collected, but we still need it to establish, exercise or defend legal claims; or
* you have exercised the right to object, and verification of overriding grounds is pending.

We can continue to use your personal information following a request for restriction, where:
* we have your consent; or
* to establish, exercise or defend legal claims; or
* to protect the rights of another natural or legal person.

Right to transfer your personal information (data portability)
You can ask us to provide your personal information to you in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller, but in each case only where:
* the processing is based on your consent or on the performance of a contract with you; and
* the processing is carried out by automated means.

Right to object to the processing of your personal information
You can object to any processing of your personal information which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests.

If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.

Right to object to how we use your personal information for direct marketing purposes
* You can request that we change the manner in which we contact you for marketing purposes.
* You can request that we not transfer your personal information to unaffiliated third parties for the purposes of direct marketing or any other purposes.

Right to obtain a copy of personal information safeguards used for transfers outside your jurisdiction
You can ask to obtain a copy of, or reference to, the safeguards under which your personal information is transferred outside of the European Union. We may redact data transfer agreements to protect commercial terms.

Right to withdraw your consent
You can request to withdraw your consent to any processing activity that you previously consented to. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

Account deletion

To remove your Flicks account – created on our websites or our app – please follow these instructions:

1. Login to your Flicks account.
2. On your account page, select SETTINGS.
3. Then select DELETE MY MEMBERSHIP, finally confirm your choice.

Alternatively, please contact us using this form and request your account's removal. We will then do this and confirm by email once completed.

Facebook - data deletion

For those of you who join/login to Flicks membership using Facebook, here are instructions to remove your information:

1. Go to your Facebook Account’s Setting & Privacy. Click “Settings”
2. Look for “Apps and Websites” - this will show you all the apps and websites you have linked with Facebook.
3. Search and select “Flicks” in the search bar.
4. Click “Remove”.
5. Finally, please contact us using this form and request your account's data deletion. We will then do this and confirm by email once completed.

Changes to this privacy notice

Flicks may update this Notice at any time. When we do, we will revise the updated date at the bottom of this page. We encourage you to frequently check this page for any changes to stay informed about how we may use and protect the personal information we collect. If we make fundamental changes to this Notice, we will seek to inform you by notice on our Site or by email.

Contact us

Our Compliance Officer has ultimate responsibility for making sure that Flicks Notice and any applicable laws are complied with. Our Compliance Officer can be contacted by email here.

We have appointed a representative in the EU: Vista Entertainment Solutions (NL) B.V., who can be contacted by email at EUprivacy@vista.co or in person / by post at TSH Collab Amsterdam City, Wibautstraat 131D, 1091 GL Amsterdam, Netherlands.

We have appointed a representative in the UK: Vista Group International (UK) Limited, who can be contacted by email at UKprivacy@vista.co or in person / by post at FORA, Thomas House, 84 Eccleston Square, London SW1V 1PX.

Our Compliance Officer has ultimate responsibility for making sure that Flicks Notice and any applicable laws are complied with. If you have any questions, concerns or complaints regarding our compliance with this Notice, the information we hold about you or if you wish to exercise your rights, we encourage you to first contact us. We will investigate and attempt to resolve complaints and disputes and make every reasonable effort to honour your wish to exercise your rights as quickly as possible and in any event, within the timescales provided by data protection laws.

You may also contact our Data Protection Officer with queries regarding your privacy and/or personal data here: DPO.Vista@twobirds.com

If you are accessing flicks.co.uk, you have a right to lodge a complaint with your local data protection supervisory authority (i.e. your place of habitual residence, place or work or place of alleged infringement), which in the UK is the Information Commissioner's Office at any time.

We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.