Blackmagic Design

Privacy Policy

Your privacy is important to us, so we have developed a Privacy Policy that contains important information such as who we are, how and why we collect your personal information, as well as how we use, share, transfer and store this information, including in relation to your access and use of our website and services. We ask that you read it carefully as it contains important information and explains how to contact us if you have any questions.

Also please note that by using our services, we assume that you are happy for us to process your personal information as described in this Privacy Policy.

1.
Who we are
1. 1.1
  
  References to we, us, our or Blackmagic in this Privacy Policy are to Blackmagic Design Pty Ltd, Australian Company Number 098 098 287 of 180 Bank Street, South Melbourne, 3205, Victoria, Australia Tel: +613 96824770 and its affiliates in the Blackmagic group of companies
2. 1.2
  When we collect or process personal information about you in the European Union (EU), or if you are located in the EU and we offer goods or services to you, we are regulated under the General Data Protection Regulation (GDPR) which applies across the European Union (including in the United Kingdom (UK)) and we are responsible as ‘controller’ of that personal information for the purposes of those laws.
2.
What personal information do we collect and use?
1. 2.1
  We may collect information about you when you visit our website or in connection with our services, including but not limited to when you register, or download, our software or updates, register for one of our mailing lists or visit, or register with, our Blackmagic forum. We may also collect information about you when you engage with us at, trade shows and similar events (such as when we scan your attendee pass at a trade booth).
2. 2.2
  We may collect the following information:
  1. (a)
    your contact details including your name, email address, employer details, mailing address, phone number and mobile phone number;
  2. (b)
    your Blackmagic ID issued to you when registering for our services;
  3. (c)
    your country of residence;
  4. (d)
    your trade show or similar event attendee details (where applicable);
  5. (e)
    your financial information, such as your bank account or credit card details, for any purchase of software or other services; and
  6. (f)
    any other personal information you provide to us in relation to the services.
3. 2.3
  If you install and use our software, we may also collect information relating to your device for the purposes of registration or activation of the software.
4. 2.4
  When visiting our website or accessing our services, we may also collect and store the following details:
  1. (a)
    IP address from which you access our website or services;
  2. (b)
    the date and time you access our website or services;
  3. (c)
    any third party website from which you linked to our website or accessed our Service;
  4. (d)
    statistics on page views, traffic to-and-from our website and services; and
  5. (e)
    other transactional information about your access to our website or services.
3.
Information collected from other sources
- We may also obtain personal information from other sources or third parties, including our affiliates (including in the UK) or our distributors, resellers, or others in your organisation.
4.
Use of cookies
- In visiting our website or accessing our services (including the Blackmagic forum), we may also utilise “cookies” to enable us to monitor traffic patterns and to serve you more efficiently. A cookie does not identify you personally, but it does identify your computer. You can set your internet browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.
5.
How do we use personal information and what reasons do we have for doing so where the GDPR applies?
1. 5.1
  We will use your personal information for the purpose of providing our services to you or your organisation.
2. 5.2
  In addition to using your personal information to provide our services to you or your organisation, this information may be used:
  1. (a)
    to administer our services including contacting you in relation to payments;
  2. (b)
    to administer and moderate the Blackmagic forum (as applicable);
  3. (c)
    to verify your identity, respond to your requests, and contact you when necessary;
  4. (d)
    to provide you with news, information and material in relation to our services or direct marketing and promotional content of us, our partners and affiliates;
  5. (e)
    to monitor who is accessing our website or using our services;
  6. (f)
    to profile the type of people using our website or services;
  7. (g)
    to improve our website or services; and
  8. (h)
    as otherwise permitted by law.
3. 5.3
  Where the GDPR applies we rely on the following lawful reasons to collect and use your personal data and on occasion more than one lawful reason (basis) set out below may apply to the processing:
  1. (a)
    our legitimate interests in marketing and providing our goods and services globally for both our benefit and that of our customers and contacts interested in what we provide;
  2. (b)
    to perform or enter into any contract we may have with you;
  3. (c)
    to comply with our legal obligations;
  4. (d)
    to protect your vital interests or that of another person (e.g. in an emergency); or
  5. (e)
    where you consent to the processing where we ask you to (e.g. for certain sorts of marketing or other processing where the law either requires this or where it is our policy from time to time to seek consent for such processing).
6.
Third party services
1. 6.1
  Our website may contain links and pointers to third party services. These links to third party services are provided for your convenience only.
2. 6.2
  Third party services are not under our control and we are not responsible for third party services (including the suitability for your intended use of the third party services). We do not endorse or recommend any third party services or any associated provider organization or their product or services. You should make your enquiries as to the suitability of any third party service.
3. 6.3
  Third party services may also utilize cookies.
4. 6.4
  You are responsible for reading the privacy policies or statements associated with the third party services.
7.
To whom do we disclose personal information?
1. 7.1
  We may disclose your personal information to:
  1. (a)
    parties to whom you authorise us to disclose your personal information;
  2. (b)
    third parties which provide services to us (for example our business outsourcing providers who assist us in providing our services to you and providing finance and IT services);
  3. (c)
    our partners, affiliates, contractors and consultants, assisting us in the provision of services to you;
  4. (d)
    government and regulatory authorities, as required or authorised by law (including to comply with any obligation we (or our service providers) may have to give notice of any eligible data breaches in Australia (where our parent company Blackmagic Design Pty Ltd is located) or another relevant jurisdiction); or
  5. (e)
    other third parties as permitted by law.
  - Please note that such persons may be located outside of Australia. For example our marketing database is currently operated by us from California, USA.
2. 7.2
  We may also disclose personal information from time to time to our partners and affiliates who may be located in different countries inside or outside the EU, including, but not limited to, our partners and affiliates in the UK, the United States, Singapore, Japan and China, or (if you are not already dealing directly with them) to our parent company in Australia, Blackmagic Design Pty Ltd, or any entities (wherever located) that are under common control with it.
3. 7.3
  Please note that some countries outside the UK or EU (including Australia) do not have the same data protection laws as the UK or EU. We will ensure that any transfer to such countries of your personal information in cases where the GDPR applies to such transfer, either by us or by any third party supplier to whom we provide your information, will (unless the European Commission considers their laws adequate) be subject to appropriate or suitable relevant safeguards (e.g. legally binding contract containing European Commission-approved model clauses or terms consistent with them, or for transfers to the US, the EU-US Privacy Shield) to the extent required under the GDPR that are designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information. If you have any queries about the basis upon which we may transfer your personal information outside of Australia please contact us (our contact details are below in Section 14).
4. 7.4
  For transfers out of Australia, we note that Australian Privacy Principle 8.1 (reasonable steps to be taken prior to cross-border disclosure of personal information) will not apply to such disclosure (although in some cases GDPR may still impose a higher requirement).
5. 7.5
  We do not sell your personal information to third parties.
8.
Blackmagic forum
1. 8.1
  This Privacy Policy applies to your access and use of the Blackmagic forum.
2. 8.2
  In addition to this Privacy Policy, the following additional terms apply to your access and use of Blackmagic forum: https://forum.blackmagicdesign.com
9.
Your rights
1. 9.1
  Under the GDPR (where it applies), you have a number of important rights free of charge. In summary, those include rights to:
  1. (a)
    fair processing of information and transparency over how we use your use personal information that this Privacy Notice is already designed to address
  2. (b)
    access to your personal information and to certain other supplementary information
  3. (c)
    require us to correct any mistakes in your information which we hold
  4. (d)
    require the erasure of personal information concerning you in certain situations
  5. (e)
    receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
  6. (f)
    object at any time to processing of personal information concerning you for direct marketing
  7. (g)
    object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
  8. (h)
    object in certain other situations to our continued processing of your personal information
  9. (i)
    where the processing is based on your consent you may withdraw your consent at any time
  10. (j)
    otherwise restrict our processing of your personal information in certain circumstances.
2. 9.2
  For further information on each of those rights, including the circumstances in which they apply, see for example the Guidance from the UK Information Commissioner's Office (ICO) on individuals’ rights under the General Data Protection Regulation. If you would like to exercise any of those rights, please:
  1. (a)
    email, call or write to us (contact details below) and let us have enough information to identify you (eg account number, user name, registration details),
  2. (b)
    let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill), and
  3. (c)
    let us know the information to which your request relates, including any account or reference numbers, if you have them.
10.
Can I opt-out of providing personal information?
1. 10.1
  The provision of your personal information is required in order to access, or use, our website, to enable us to provide you with the services or to contact you for marketing or promotional purposes.
2. 10.2
  If you do not wish to have your personal information used or disclosed in a manner described in this Privacy Policy, you can contact us. However, you may not be able to access, or use, all or part of our website or services.
3. 10.3
  In addition, we may still use or disclose that information if:
  1. (a)
    we subsequently notify you of the intended disclosure and you do not object to that use or disclosure;
  2. (b)
    we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions;
  3. (c)
    to enforce our terms and conditions or to protect our rights;
  4. (d)
    to protect the safety of members of the public and users of our website and services; or
  5. (e)
    we are required by law to disclose the information.
11.
Can I opt-out of promotional and marketing content?
- You may elect to opt-out of receiving direct marketing and promotional communications by contacting us by email at the address below, or by any other simple means to opt-out we provide you. However, some of our services may include a direct marketing and promotional communications feature as part of the Service which cannot be removed and, as such, you may not be able to access or use some of our website or services if you elect to opt-out of all direct promotional and marketing communications.
12.
Data security and storage; how long we keep your information
1. 12.1
  We will take reasonable steps to protect all personal information which we hold from misuse, loss and from unauthorized access, modification or disclosure.
2. 12.2
  You should be aware that, when using our website or our services, no data transmission over the Internet can be guaranteed as completely secure. We do not warrant the security of any information you transmit to us over the internet and you do so at your own risk.
3. 12.3
  We will continue to store and hold your personal information indefinitely, until such time as we no longer need it for any purpose for which the information may be used or disclosed under this Privacy Policy or under applicable privacy or data protection laws or (if earlier, and subject to the next paragraph) a reasonable time after you ask us to delete it. We typically retain data for as long as we are providing goods or services to you and for a period of up to six years (or longer if the legal limitation period is greater).
4. 12.4
  We will destroy, delete or de-identify your personal information within a reasonable time after the end of the period mentioned in the previous paragraph, unless we are required to retain it by law.
5. 12.5
  While we hold your information, it will be under the ultimate direct or indirect control of Blackmagic Design Pty Ltd, in its custody or the custody of one or more entities under common control with it. It may be stored in Australia, the United States or any other location contemplated in this Privacy Policy.
13.
How can you access and correct or ask us to delete or cease processing your personal information?
1. 13.1
  We encourage you to update us regularly with your personal information to ensure we hold information about you that is up-to-date, accurate and complete. You may make a request for access to or correction of any personal information we hold about you. We may request you to verify your identity before processing your request.
2. 13.2
  A fee will not apply to making a request for access or update to or deletion of your personal information. A fee may apply and be charged for providing the information to you. The fee covers the cost to us in collating, copying and providing certain information to you. We will only charge this fee where it is lawful for us to do so.
3. 13.3
  In some circumstances where we correct a record, we may still require retention of the original record.
4. 13.4
  In some circumstances, we may refuse to provide you with access to or correct your personal information including, but not limited to, where:
  1. (a)
    giving access would have an unreasonable impact on the privacy of others;
  2. (b)
    the information relates to existing or anticipated legal proceedings, and the information would not be discoverable in those proceedings;
  3. (c)
    giving access would be unlawful;
  4. (d)
    denying access is otherwise required or authorised by law; or
  5. (e)
    the request for access is frivolous or vexatious.
5. 13.5
  If we refuse to provide you with access to or correct your personal information, we will provide you with an explanation in writing.
6. 13.6
  Please note that if the GDPR applies to you then you will have additional rights (see section 9) and where your GDPR rights are different from what is stated here then we will respect your GDPR rights in preference to the rights in this Section 13.
14.
How to contact us or complain
1. 14.1
  If you have any questions about this Privacy Policy, wish to access or correct or make an inquiry regarding or request that we delete or cease processing any personal information relating to you which may be in our possession, have a query regarding our privacy practices, have a complaint in relation to a breach of applicable privacy or data protection laws, or would like to request a printed copy of this Privacy Policy, please contact our Global Privacy Manager at:
  1. (a)
    postal address: 180 Bank Street, South Melbourne, 3205, Victoria, Australia; or
  2. (b)
    email: privacy@blackmagicdesign.com
2. 14.2
  We would ask that any complaint should be made first in writing to us. We will then respond to your complaint in writing and in accordance with any timeframes required by law. We may require you to provide further information about your complaint to duly assess your complaint. If for any reason you do not wish to complain to us initially or if you are unhappy with how we propose to resolve your complain then complaint may also be made to the Office of the Australian Information Commissioner. Please note that where it applies, the GDPR also gives you right to lodge a complaint with a supervisory authority, in particular in the EU (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns or telephone: 0303 123 1113.
15.
Conditions applying to uploading videos to YouTube
1. 15.1
  Blackmagic’s DaVinci Resolve and DaVinci Resolve Studio products allow the use of the YouTube API Services to render files and upload them directly to YouTube. By using this feature, you agree to be bound by the YouTube Terms of Service. YouTube’s terms of service are available at https://www.youtube.com/t/terms.
2. 15.2
  This Privacy Policy applies to use of the YouTube API Services in Blackmagic’s DaVinci Resolve and DaVinci Resolve Studio products to upload video files directly to the your YouTube account.
3. 15.3
  Google’s privacy policy applies to videos once they are uploaded to YouTube using the YouTube render and upload feature. Google’s Privacy Policy can be accessed at https://www.google.com/policies/privacy.
16.
Definitions
1. 16.1
  In this Privacy Policy, unless the context otherwise requires:
  1. (a)
    Blackmagic forum means our online developers’ and users forum at https://forum.blackmagicdesign.com
  2. (b)
    Privacy Policy means this document;
  3. (c)
    services means any of our services or products including, but not limited to, use of our website or registration with, or accessing or downloading content from, any of our online or product-related services such as for cloud-based storage, chat or collaboration, software updates, marketing or new product or service-related communications;
  4. (d)
    website means the websites at https://www.blackmagicdesign.com, https://www.splicecommunity.com and the Blackmagic forum;
  5. (e)
    terms and conditions means the terms and conditions applicable to our services and available at our website;
  6. (f)
    third party services means internet sites maintained by third party providers;
  7. (g)
    you, or your means any person, business, company or organization accessing or using the website or the services through the website.
17.
Changes to this Privacy Policy
1. 17.1
  We reserve the right to change, modify or update this Privacy Policy at any time, without liability to you, by notice to you or publication on our website or through our services (as applicable). You will be bound by the changes immediately upon notification or publication, unless otherwise set out in this Privacy Policy or the notice.
2. 17.2
  This Privacy Policy was last updated on 30 March 2022.

Blackmagic Design Pty Ltd