HIDE AND SHEEP - PRIVACY POLICY & EULA
Hello!
We are Aardman Animations Limited, and we are really pleased that you've chosen to visit our friends Shaun the Sheep, Wallace and Gromit, Timmy and many more. You can play with them on any computer, mobile phone or tablet (iPad, Kindle, Surface and others) by using our apps, games or websites (our “Services”).
This Privacy Policy explains how we collect and use personal information about you when you use our Services, including your name, your location, and any other information you give to us. This Privacy Policy is important because the law says we are only allowed to use your information in certain ways, to make sure that your information is kept safe. Because of this, before you use our Services you should make sure that you have read and understood the important information in this Privacy Policy.
If you are under 18 years old then you should ask your parent or guardian to read this Privacy Policy with you. This is because some of the words in this Privacy Policy can be difficult for children to understand, so if you are a child it is important that an adult helps you with this Privacy Policy so they can say if it’s OK for you to use our Services. If they don't, you won’t be able to join in with the fun. :(
Background
At Aardman we respect your privacy and we are committed to keeping all your personal information secure. This Privacy Policy governs the handling of personal data by us in the course of carrying on our commercial activities.
Contents
- Introduction
- Information we may collect from you
- Information we may receive from other sources
- Special categories of personal data
- Cookies
- Lawful processing of your personal data
- Uses made of your personal data
- Disclosure of your information
- Where we transfer and store your personal data
- How we safeguard your information
- Internet risks
- How long we keep your personal data
- Your rights
- Cookies policy
- Other websites and apps
- Contact
- Changes to our Privacy Policy
1 Introduction
This ‘Home Sheep Home 2’ mobile software application (“App”) is operated by Aardman Animations Limited (“we”, “us” or “Aardman”). We are a company registered in the UK with company number 02050843 and with our registered office at Gas Ferry Road, Bristol, BS1 6UN.
References to “you” in this Privacy Policy are to the person using the App. If a child is using the app then, depending on the context below, “you” refers either to that child, or to the parent or guardian of that child who should review this Privacy Poilcy on the child’s behalf, or to both the child and their parent or guardian together.
For the purposes of applicable data protection laws, including the EU General Data Protection Regulation 2016/679 (GDPR) and/or any equivalent data protection laws that apply in England and Wales, Aardman is a “data controller”. This means that we retain control over, and are responsible for, all of the Personal Data that is collected on this websie and must ensure that we use that Personal Data in compliance with data protection laws.
In this Privacy Policy, “personal data” or “personal information” means any data which relates to a living individual who can be identified either from that data alone, or from that data when it is combined with other information which is in the possession of, or is likely to come into the possession of, us (or our representatives or service providers). In addition to factual information, it may also include digitial or online identifiers like IP addresses, any expression of opinion about an individual and any indication of our intentions or the intentions of any other person in respect of an individual.
This Privacy Policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be collected, stored and processed by us. Please read it carefully to understand our views and practices regarding your personal data and how we will treat it. By using the App, you are accepting and consenting to the practices described in this Privacy Policy.
This Privacy Policy (together with our End User Licence Agreement (EULA)) for the App applies to:
- your use of the App once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device; and
- any of the services accessed through the App (unless stated otherwise).
2 Information we may collect from you
We may collect and process the following data from you during your use of the App:
- personal data you provide when using the App, including personal data provided at the time of first opening and/or signing up to the App or when registering for newsletters and mailing lists through the App
- personal data you provide when making purchases through the App, including payment data;
- personal data you provide when reporting a problem with the App or requesting technical support;
- personal data you provide to us if you contact us for any other reason;
- technical details of your use of the App including traffic data, location data and other communications data and the resources that you access; and
- information about your device type, operating system, screen resolution and time zone setting.
3 Information we may receive from other sources
Occasionally we may receive information about you (including personal data) from other sources. For example:
- from other websites and applications that contain links to this App, including our branded websites (such as www.wallaceandgromit.com/, www.shaunthesheep.com/, www.amazingmorph.com/ and www.timmytime.tv/), and other third-party websites that link to www.aardman.com.
If there is a separate privacy notice governing the collection of your data, then that privacy notice will apply. If there is no separate privacy notice, or to the extent that such notice does not provide information equivalent to the information set out in this Privacy Policy, then we will process information about you that we receive from third parties and/or other sources in accordance with this Privacy Policy.
4 Special categories of personal data
We do not seek to collect any special categories of personal data about you; those would include details of a person’s race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, health information, genetic and biometric data and information about criminal convictions and offences. If, however, when using any interactive feature of the App (such as an online contact form or questionnaire), you in fact provide us with any such special data then by submitting such data/information, we’ll assume that you are happy for us to use such data/information for (a) the purpose for which you have voluntarily provided such data/information and (b) any purpose that is reasonably compatible with such purpose. You may withdraw that permission at any time by contacting us.
5 Cookies and related tracking software
Our App may use ‘cookies’ (small text files that are issued to your device when you access and use our App) and similar tracking software. You will be asked to consent to this when you first use our App. By continuing to use the App you are agreeing to our use of cookies. For detailed information on the cookies we use and the purposes for which we use them see our cookie policy a section 15 below.
6 Lawful processing of your personal data
However we use your personal data, we make sure that our use complies with lawful bases for using or processing your personal data. We may rely on one more more of these bases when we process your personal data. The bases include where:
- we need to process your personal data in order to perform our contractual obligations to you;
- we have obtained your consent – please note that, if we need your consent for a particular purpose of processing and you do not give us consent (or if you give it but then withdraw it), then we will not process (or continue to process) your personal data for that purpose;
- we need to process your personal data in order to discharge our legal and regulatory obligations;
- we need to process your personal data in order to establish, exercise or defend our legal rights or for the purpose of legal proceedings; or
- the use of your personal data as described is necessary for our legitimate business interests, such as:
- allowing us to manage and administer the operation of our business effectively and efficiently;
- maintaining compliance with internal policies and procedures;
- monitoring the use of our copyrighted materials;
- enabling quick and easy access to information on our products and services;
- offering up-to-date security solutions for mobile devices and IT systems; and
- obtaining further knowledge of current threats to network security in order to update our security solutions and provide these to the market.
If we are processing your personal data because this is necessary for our legitimate interests, then we may continue to do so unless you have a right to object to this (please see “Your rights” at section 13 below).
Please note that, if we need to process your personal data in order to operate the App and you object or (if we require consent) you do not consent to our processing your personal data, then the App may not be available to you.
7 Uses made of the information
Your personal data may be stored and processed by us for the purposes listed below and in accordance with the lawful bases listed below.
Please note that we may process your personal data for more than one lawful basis, depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific lawful bases we are relying on to process your personal data where more than one ground has been set out below.
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Purpose/activity |
Lawful bases for processing |
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To provide the App and to ensure that content from the App is presented in an effective and user-friendly manner for you and for your device. |
Necessary for our legitimate interests (for running the App, to keep the App updated and relevant, customer interaction and customer relations and the provision of administration and IT services). |
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To investigate and address any comments, queries or complaints, or to fix any problems, notified to us by you or other users of the App. |
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To encourage and allow you to participate in interactive features on our App, when you choose to do so. |
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To enable in-app purchases where these are offered and to provide you with the goods and services that you have purchased. |
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For ongoing review and improvement of the App and its security, including technical analysis and statistical monitoring to detect and prevent any potential disruptions, system failures, cyber-attacks or malicious data from affecting our IT systems or any data held by us. |
Necessary for our legitimate interests (for running the App, analysis of the App and business performance, the provision of administration and IT services, network security and the protection of the App, systems and data). |
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To conduct research, statistical analysis and behavioural analysis on App users and their behaviour (including anonymizing data for these purposes), and to create and share insights based on aggregated, anonymous data collected through such research and analysis (provided that individual users are not identifiable from such insights). |
Necessary for our legitimate interests (to study how people use the App and interactive features and to create and share anonymised insights with business partners and third parties). |
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For the management and administration of our business. |
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of any business reorganisation or group restructuring exercise). |
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To disclose your information to specified third parties as permitted by this Privacy Policy (see section 8 below). |
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In order to comply with and/or assess compliance with applicable laws, rules and regulations, and our internal policies and procedures, which includes processing personal data as reasonably required in order to establish, exercise or defend legal claims or for the purpose of legal proceedings. |
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For the administration and maintenance of databases storing personal data. |
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For other purposes that we may notify to you from time to time in separate privacy notices (and we will provide such notices to you at or before the time when we collect personal data from you). |
Such lawful base(s) as we may notify to you in applicable privacy notices. |
Change of purpose
We shall only use your personal data for the purposes for which we collected the data, unless we reasonably consider that we need to use such data for another reason and that reason is compatible with the original purpose. If you would like to get an explanation of how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we shall notify you and we will explain the legal basis on which we intend to rely.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, if and to the extent that this is required or permitted by law.
8 Disclosure of your information
Except for the disclosures set out below, or any other disclosures that we may notify to you in separate privacy notices from time to time, we will take steps to ensure that the personal data is accessed and processed only by personnel of Aardman that have a need to do so for the purposes described in this Privacy Policy.
We may share your personal data with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may also share your personal data with third parties as further described below:
- if we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets (or their representatives and advisers) for due diligence purposes.
- if Aardman or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
- with third party agents and contractors for the purposes of providing services to us or on our behalf (for example, our accountants, professional advisors and IT and communications providers), in which case these third parties will be subject to appropriate data protection obligations, and they will only use your personal data for the purposes described in this Privacy Policy.
- to the extent required by law (for example if we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation), or in order to enforce or apply the terms of any other agreements, or to protect the rights, property, or safety of Aardman, our customers, or others, including exchanging personal data with other companies and organisations for the purposes of fraud protection and credit risk reduction.
- We may share information collected through cookies and similar technologies as set out in the cookie policy section below.
9 Transfer and storage of your personal data
The personal data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area, which comprises the EU member states plus Norway, Iceland and Liechtenstein (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the provision of support services to us (or you) in relation to our interactions with you.
Where we transfer your personal data to another country outside the EEA, we will take all steps reasonably necessary to ensure that your personal data is treated securely and in a manner consistent with legal requirements and this privacy policy. In relation to data being transferred outside the EEA, for example, this may be done in one of the following ways:
- the country that we send the data to might be approved by the European Commission as offering an adequate level of protection for personal data;
- the recipient might have signed up to a contract based on “model contractual clauses” approved by the European Commission, obliging them to protect your personal data in accordance with standards of protection that apply within the EEA;
- where the recipient is located in the US, it might be a certified member of the EU-US Privacy Shield scheme; or
- in other circumstances the law may permit us to otherwise transfer your personal data outside the EEA
You can obtain more details of the protection given to your personal data when it is transferred outside the EEA by contacting us using the contact details provided below.
10 How we safeguard your information
We have extensive controls in place to maintain the security of our information and information systems. Files are protected with safeguards according to the sensitivity of the relevant information, including hasing or data encryption where appropriate. Appropriate controls (such as restricted access) are placed on our computer systems. Physical access to areas where Personal Data is gathered, processed or stored is limited to authorised employees.
As a condition of employment, our employees are required to follow all applicable laws and regulations, including in relation to data protection law. Unauthorised use or disclosure of confidential information (including personal data) by an employee of Aardman is prohibited and may result in disciplinary measures.
If you contact us about your information, you may be asked for some personal data for identification purposes. This type of safeguard is designed to ensure that only you, or someone authorised by you, has access to your information.
11 Internet risks
Despite the safeguards set out in this Privacy Policy, unfortunately the transmission of information by online or mobile means is not completely secure. Aardman cannot guarantee the security of information transmitted to or through this App, and for that reason any transmission you make is at your own risk. We recommend that you use anti-virus, firewall and/or other security protections according to your own analysis of your security requirements. Once we have received your personal data we will use the procedures and security features set out in this Privacy Policy to try to prevent unauthorised access to, or loss or destruction of, your personal data.
12 How long we keep your Personal Data
How long we will hold your personal data for will vary and will be determined by the following criteria:
- the purpose for which we are using it (as further described in this Privacy Policy) – we will need to keep the data for as long as is necessary for that purpose; and
- legal obligations – laws or regulations may set a minimum period for which we have to keep your personal data.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
13 Your rights
Where we collect, use or store your personal data under this Privacy Policy you may, depending on your circumstances, have the following rights:
- the right to obtain information regarding the processing of your personal data (including whether or not we are holding and/or processing your personal data, the extent of the personal data we are holding and the purposes and extent of the processing) and access to the personal data which we hold about you, if any;
- where we are relying on consent for a particular purpose, the right at any time to withdraw your consent to the processing of your personal data for such purpose;
- in some circumstances, the right to receive some personal data in a structured, commonly used and machine-readable format and/or request that we transmit those data to a third party where this is technically feasible – which is sometimes known as the right to “data portability”, and please note that (a) this right only applies to personal data which you have provided directly to Aardman and which we are processing either on the basis of consent or because the processing is necessary in order for us to perform our contractual obligations to you and (b) if you request the right to data portability and it is not available to you, we will let you know;
- the right to request that we rectify your personal data if it is inaccurate or incomplete;
- the right to request that we erase your personal data in certain circumstances - please note that there may be circumstances where you ask us to erase your personal data but we are legally entitled to retain it, in which case we will let you know;
- the right to object to, or request that we restrict, our processing of your personal data in certain circumstances - again, there may be circumstances where you object to, or ask us to restrict, our processing of your personal data but we are legally entitled to refuse that request, and if so we will let you know;
- the right to object to decisions based solely on automated processing, including profiling, which produce legal effects or otherwise significantly affect you (for example, where a computer algorithm, rather than a person, makes decisions that affect your contractual or other rights) – please note that we do not currently carry out any such automated decision-making processes;
- the right to lodge a complaint with the relevant data protection regulator if you think that any of your rights have been infringed by us, and please note that:
- the data protection regulator for the UK is the information Commissioner’s Office (“ICO”);
- you can submit complaints through the ICO helpline by calling 0303 123 1113; and
- further information on reporting concerns is available at https://ico.org.uk/concerns/.
To find out more about your legal rights, pelase see the ICO’s website (www.ico.org.uk).
You can exercise your rights above at any time by contacting us at Aardman Animations Limited, Gas Ferry Road, Bristol, BS1 6UN or privacy@aardman.com, giving us enough information to identify you and respond to your request.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). We may, however, charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in those circumstances.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we shall notify you and keep you updated.
14 Other websites and apps
If you follow a link to another website, app or service (including any other website or app operated by Aardman), different privacy policies may apply. You should read these policies before you submit any personal data to those other websites or apps and please note that use of your personal data by those webites will be subject to those privacy policies.
15 Cookies policy
Our App uses cookies and other tracking and monitoring software to distinguish you from other users of our App and to collect technical information about the services that you use and how you use them. This information helps us to provide you with a good experience when you use the App, allows us to improve the App and our services, and allows us to compile statistical reports on App users and App activity. Cookies do not affect your privacy and security since a cookie cannot read data off your system or read cookie files created by other sites.
We use the following types of cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our App. They include, for example, cookies that enable you to log into secure areas of our App, use a shopping cart or make use of e-billing services.
- Analytical/performance cookies. These allow us to recognise and count the number of users of our App and to see how users move around our App when they are using it. This helps us to improve the way our App works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you open the App. This enables us to personalise our content for you and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your use of the App, the pages you have visited and the links you have followed. We will use this information to make our App and the content displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
The information that we collect through our use of cookies, to the extent that you are individually identifiable from it, constitutes personal data and we will protect it according to the standards and processes set out in this Privacy Policy.
We keep analytics information and insights that are derived from our use of cookies for 26 months, after which such information is automatically deleted.
Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
You can set your device or system not to accept cookies if you wish (for example by changing your default browser settings so cookies are not accepted), but please note that some of our App features may not function if you remove cookies from your system. For further general information about cookies please visit www.aboutcookies.org</a or www.allaboutcookies.org.
16 Contact
Questions, comments and requests regarding this Privacy Policy or the handling of your personal data are welcomed and should be addressed to:
- Aardman Animations Limited, Gas Ferry Road, Bristol, BS1 6UN; or
- privacy@aardman.com.
If you are not satisfied with the response you receive, you may escalate concerns to the applicable privacy regulator in your jurisdiction which for the UK is the ICO (see section 13 above for their contact details).
17 Changes to our Privacy Policy
Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
Please check back frequently to see any updates or changes to our Privacy Policy.
Last modified: 14 September 2018
Hello! We are Aardman Animations Limited, and we are really pleased that you've chosen to visit our friends Shaun the Sheep, Wallace and Gromit, Timmy and many more. You can play with them on any computer, mobile phone or tablet (iPad, Kindle, Surface and others) by using our apps, games or websites (our “Services”).
If you are under 18 years old then, before you use our Services, make sure that you and your parent or guardian have read the important information set out in this “User Agreement”, and that they say it's OK for you to use our Services. If they don't, you won’t be able to join in with the fun.
If your parent or guardian says that it's ok to use our Services, you are allowed to:
- go on any of our websites to view, download / stream and use our apps,
- go on any of our websites to download and play our games, and
- download any of our apps from someone else's website or app store (although you may also have to follow their rules too).
If the computer, mobile phone or tablet you are using to access the Services belongs to someone else then you also need to ask their permission to access the Services on their device.
But you must remember that:
Everything in our Services is just for you to look at and play with. This means that you are not allowed to:
- copy the Services, sell them or pretend that you made any parts of them (including pictures and stories) yourself,
- copy or change any of the characters that you meet in our Services or use them in anything else (except that you can do drawings of them at home),
- let anyone else make a copy of any of our apps or games that you've downloaded, or any of the characters that you meet in them, unless we say that it is O.K. for them to do this,
- change our Services or let any bit of them be put into something else,
- take apart our Services so that you or someone else can use information about how they are built and how they run to make a similar app, game or website to ours,
- change our apps or games so that they have viruses or harmful information inside them which might hurt other people or damage their computer, tablet or mobile phone when they download or play on those apps or games,
- lie about our Services, write horrible things about our Services anywhere, or send any unpleasant messages about our Services to anyone, or
- use our Services in a way that might mean that other people can't enjoy them, or which damages anyone else's computer, mobile phone or tablet.
best bit: some of our creations are free :)
You can access, download and play on most of our Services for free. Hooray! You might need to pay to use or download some of our Services, but you will be told how much they cost and you will only be able to use or download them once you have paid the correct amount.
But don’t forget that you must get permission from the owner of any computer, mobile phone or tablet that you use to access our Services before you use anything that is not free. This is because it might cost that person money. Even where you don't need to pay to use or download our Services, our Services live on the internet and it might also cost money to go on the internet to use or download them.
Privacy Policy
By downloading and/or playing with any of our Services, you understand that what you do on the internet is not private. Any message or information that you send through the app, game or website might be seen by other people.
By using our Services you agree to let us collect information about the computer, mobile phone or tablet that you are using so that we can use this information to make our Services better for you and other people. We may also collect, store and use information about where you are when you access and use our Services so that we can improve them, and other information about you if you provide it to us (for example if you get in touch with us to tell us about a problem you are having using the Services). For more information about how we collect and use information about you when you use our Services you can read our Privacy Policy.
Cookie Policy
Our Services also use cookies (but they're not the nice yummy ones because you can't eat this type of cookie – these “cookies” are a special kind of computer file). You can read about the cookies we use in the “Cookies Policy” section of our Privacy Policy by clicking on the link above.
Ready to download or play?
Before you download or use any of our Services, you need to agree to this User Agreement and our Privacy Policy. We've named these 2 things our "Terms".
If you don't agree with our Terms, you must not download or use any of our Services. You also must not play on any of our apps or games on anyone else's computer, mobile phone or tablet.
If you download our apps or games from someone else (maybe the Apple Appstore or Google Play), it's also very important that you agree to any rules which that other person has made about downloading or using the apps or games. If you don't agree with their rules, you must not download any of our apps or games from them. Also if you buy anything from within our apps or games, there are rules about this which you would also need to agree to (but don’t worry, these will be explained to you before you buy anything).
We can change our Terms
We're allowed to change our Terms (including this User Agreement) whenever we like. If we do make any changes, we will tell you about this when you next use any of the Services that are affected by this change. If you don't read and agree to the new Terms then you might not be able to use those Services anymore.
Updates to our Services
Our Services have a bunch of great people who look after them, and sometimes they change the Services to fix problems and make things work better for you, or to add fun new things into the Services that you can use. They may also update the Services so you can use them on new computers, mobile phones or tablets.
After they have done this, you might need to download a newer copy of that app or game to be able to use it. You can do this by going back to the place that you found the app or game on in the first place. This may be one of our websites, or from someone else (like Apple's Appstore or Google Play). Don’t forget that you might not be able to use the app or game until you have downloaded the newest copy and agreed to any new Terms. We will tell you if new versions of our apps or games are available. If we do this then you should use the updated version because the older version may not work very well, or may stop working completely.
What if it's not working?
If the Services are not working for you then first thing you can do is to go back to the place that you found the app or game in the first place and try to re-download it from there. We have already explained how to do this in the previous section.
If you try this and the Services still don’t work for you then please tell us so that we can help you. See the “Talk to us” section below to find out how to get in touch with us.
Be good or be banned :(
Wallace and the gang don’t like badly behaved children so if you don’t follow the rules when using our Services, they won't play with you anymore. To make sure that you can continue to play together, don’t do anything that we've told you not to do. If you are bad and we write to you or email you to tell you to stop being naughty, you must stop within 14 days. If you don’t, we won’t let Shaun or any of our pals play with you anymore, and you won't be allowed to use our Services.
If you don’t behave within 14 days of us asking you to, you must delete all of our apps and games from your computer, mobile phone or tablet, and must not use our websites any more. If we ask you to, you must tell us that you've done this – see the "Talk to us" section below to find out how. You also won't be allowed to use any of our Services on anyone else's computer, phone or tablet.
We might introduce you to other people
Our Services may contain links to other people's websites. These people aren't related to us and we don't control them, so we don't check their website information or their privacy policies and we can't be responsible for what you find there. You must decide yourself whether you want to go on their websites or buy or use any of their products. If you aren’t sure then you can ask your parent or guardian to help you decide before you visit other people’s websites.
Talk to us
If you want to talk to us or ask us a question, you can e-mail us at Digital@aardman.com or write to us at Digital & Interactive, Aardman Animations, Gas Ferry Road, Bristol, BS1 6UN. We will then reply to you as soon as we can, normally by e-mail.
If we want to talk to you, we will send you an e-mail or write to you at the address that you give us when you download any of our apps or games.
These bits might be hard to understand, so you need to show them to your parent or guardian!
- The Services are operated by Aardman Animations Limited (“we”, “us” or “our”). We are a company registered in the UK with company number 02050843 and with our registered office at Gas Ferry Road, Bristol, BS1 6UN.
- As the parent or guardian of any child who wishes to use any of our Services, you agree that your (and their) right to use them is conditional on you complying (and making sure that your child complies) with the requirements set out in this User Agreement.
- It is your decision whether or not the app, game or website content is suitable for the person who is accessing it.
- Any words in this User agreement following the terms "including", "include", "in particular" or "for example" or any similar phrase are only illustrative and will not limit the generality of the related general words.
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Our intellectual rights
You acknowledge that:
You acknowledge that you have no right to have access to any of our Services software in source-code form.
- all intellectual property rights anywhere in the world in our Services (including the technology behind them), and any characters featured in them, belong to us or our licensors,
- rights in the Services, the technology behind them and the characters featured in them are licensed (not sold) to you, and
- you have no rights in or to the Services, the technology behind them and/or the characters featured in them other than the right to use each of them in accordance with the terms of this User Agreement.
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Data Privacy
Some of our Services may collect and make use of personal data, including location data sent from the device used to access or use those Services. Further information about how we collect, store and use personal data, including our legal basis for processing your data and your rights in relation to any of your personal data that we are holding, see our Privacy Policy.
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Our Liability
You accept that our Services have not been made to meet your or any child's individual needs. It is therefore your job to make sure that the facilities and functions of the Services accessed by you or your child meet your requirements.
We only supply the Services for personal use. You agree not to use them for any commercial, business or resale purposes, and that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity that occurs as a result of any such use.
If we fail to comply with this User Agreement, we are responsible for loss or damage you or your child suffer that is a foreseeable result of our breach or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if either it is obvious that it will happen or if, at the time you agreed to this User Agreement, both we and you knew it might happen.
Subject to the paragraph below, our maximum aggregate liability under or in connection with this User Agreement, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £1,000 (one thousand pounds).
Notwithstanding the paragraph above, nothing in this User Agreement will limit or exclude our liability for:
- death or personal injury resulting from our negligence;
- fraud or fraudulent misrepresentation; or
- any other liability that cannot be excluded or limited by English law.
- We won't be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this User Agreement that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.
- We may transfer our rights and obligations under this User Agreement to another organisation, but this will not affect your rights or our obligations under this User Agreement. If we do transfer our rights or obligations then we will notify you by updating this User Agreement and, if relevant, posting applicable notices within the Services and/or emailing you. You may only transfer your rights or obligations under this User Agreement to another person if we agree in writing.
- If we fail to insist that you perform any of your obligations under this User Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Each of the conditions of this User Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- This User Agreement and any dispute about the terms contained within it will be governed by English law. The courts of England and Wales will have exclusive jurisdiction with regards to any claim, dispute or matter related to this User Agreement or our Services.
Now let's go and have some fun!
Aardman