Imprint

Media owner and operator

Offgrid Pictures OG

Address

Neuwaldegger Straße 30/7, 1170 Wien, Österreich

Legal form

Offene Gesellschaft (general partnership)

Registered seat

Wien

Company register number

FN 624317p

Register court

Handelsgericht Wien (Vienna Commercial Court)

Date of registration

20.03.2024

Partners with unlimited liability

Daniel Klingler, Martin Christ

Object of the company

Production of film, video and multimedia content; services for film and video productions

Chamber membership

Vienna Chamber of Commerce (Wirtschaftskammer Wien)

Email

office@offgrid.pictures

Phone

+43 660 531 5832

Company register extract

Company registration register extract

Disclosure under the Austrian Media Act

• Media owner: Offgrid Pictures OG, Neuwaldegger Straße 30/7, 1170 Wien
• Publisher: Offgrid Pictures OG
• Basic editorial direction: Daniel Klingler

Copyright

Texts, images and film excerpts on this website are protected by copyright. Any use beyond the cases permitted by law requires the prior written consent of Offgrid Pictures OG.

1. Controller

The controller for the processing of personal data on this website is
Offgrid Pictures OG, Neuwaldegger Straße 30/7, 1170 Vienna, Austria
Email: office@offgrid.pictures
Phone: +43 660 531 5832

No data protection officer has been appointed; there is no obligation to do so for this company under Article 37 GDPR.

2. What this website does not do

This is a static website. It contains no analytics or statistics tools, no advertising or tracking pixels, no embeds from YouTube, Vimeo, maps or social networks, and no fonts or scripts loaded from third-party servers. No profiling and no automated decision-making take place. That is also why there is no cookie banner: there is nothing that would require consent.

The website itself sets no cookies and stores nothing in your browser's local storage. The bot protection of our delivery provider Cloudflare may set a single strictly necessary cookie (__cf_bm, lifetime 30 minutes). It serves solely to distinguish human visitors from automated requests and thus to keep the site available and secure. It is not used for analysis, profiling or advertising, and it does not allow us to recognise you. The legal basis is Article 6(1)(f) GDPR together with § 165(3) of the Austrian Telecommunications Act 2021; because the cookie is technically necessary for the service you requested, it does not require consent.

3. Hosting and server log files

Two providers are involved in delivering this website:

• easyname GmbH, Canettistraße 5/10, 1100 Vienna, Austria (company register number FN 402196s, Vienna Commercial Court) provides the domain, the DNS and the mailbox for our email address. easyname operates its servers in a data centre in Austria, that is inside the EU.
• Cloudflare, Inc., 101 Townsend St., San Francisco, CA 94107, USA, represented in the EU by Cloudflare Germany GmbH, delivers the website itself via Cloudflare Pages.

Both providers process the data as processors on our behalf on the basis of a data processing agreement under Article 28 GDPR.

When a page is requested, technical access data is generated:

• IP address of the requesting device
• date and time of the request
• requested address and HTTP status code
• amount of data transferred
• previously visited page (referrer), if sent by the browser
• browser type and operating system (user agent)

This data is technically necessary to deliver the site, to defend against attacks and to diagnose faults. The legal basis is Article 6(1)(f) GDPR; our legitimate interest is the secure and stable operation of the website. We do not run any logging of our own, we do not evaluate the providers' log files on a personal level, and we do not combine them with other data.

Transfer to a third country: Cloudflare, Inc. is based in the USA and delivers content through a global server network, so processing outside the EU and the EEA is possible. Cloudflare, Inc. is certified under the EU-U.S. Data Privacy Framework; the European Commission's standard contractual clauses apply in addition. Cloudflare's privacy policy is available atcloudflare.com/privacypolicy. Hosting at easyname takes place inside the EU.

4. Contact form

The contact form is handled by the service Web3Forms, operated by Web3Creative, a business registered in Kerala, India (Udyam registration UDYAM-KL-10-0039115). When you submit the form, the data you entered is transmitted to Web3Forms and forwarded from there to our address by email. The following data is processed:

• name, if provided
• email address and phone number, whichever you provide
• message text
• whether you are requesting a screening link for Breaking Barriers
• technical transmission data of the request, in particular IP address and timestamp

The legal basis is Article 6(1)(b) GDPR where your enquiry is aimed at concluding or performing a contract, and otherwise Article 6(1)(f) GDPR based on our legitimate interest in responding to enquiries. Providing a message together with either an email address or a phone number is necessary in order to process your enquiry; without them we cannot reply.

The form contains a field that is invisible to you and serves to block automated submissions (a honeypot). It does not process any additional personal data.

According to the provider's own documentation, Web3Forms operates its servers in the United States (US-East region) and does not store form submissions: they are processed and forwarded to the recipient address. Server logs that may contain personal data are deleted periodically, according to the provider every two months. Submitting the form therefore involves a transfer of data to the USA and to India.

Wherever a service provider processes personal data on our behalf, we put the arrangements required by Article 28 GDPR in place with that provider, and for transfers to countries outside the EU and the EEA without an adequacy decision we rely on the European Commission's standard contractual clauses together with data minimisation as an additional safeguard: the form asks only for what is needed to answer an enquiry. We review these arrangements regularly and change provider where the necessary guarantees cannot be obtained. If you would rather your data was not transferred outside the EU, please write tooffice@offgrid.pictures or call us instead of using the form.

The email we receive is kept for as long as the correspondence continues and deleted afterwards, unless statutory retention obligations apply. Records relevant under commercial and tax law are retained for seven years (§ 212 UGB, § 132 BAO).

5. Contact by email and phone

If you write or call us directly, we process your sender address or phone number and the content of your message solely in order to deal with your enquiry. The legal basis is Article 6(1)(b) or (f) GDPR. Our mailbox is operated by easyname GmbH inside the EU. Please note that emails can be read in transit if no transport encryption is established. For confidential material we are happy to agree on another channel.

6. Recipients and disclosure

Beyond the processors named above, we do not pass on your data. Disclosure only takes place where we are legally obliged to do so. Your data is not sold and not used for advertising.

7. Your rights

You have the right at any time to

• access the data held about you (Article 15 GDPR),
• rectification of inaccurate data (Article 16 GDPR),
• erasure (Article 17 GDPR),
• restriction of processing (Article 18 GDPR),
• data portability (Article 20 GDPR),
• object to processing based on Article 6(1)(f) GDPR (Article 21 GDPR),
• withdraw consent with effect for the future (Article 7(3) GDPR).

A message to office@offgrid.pictures is enough to exercise these rights.

8. Right to lodge a complaint

If you believe that the processing of your data infringes data protection law, you can lodge a complaint with the supervisory authority:

Austrian Data Protection Authority (Datenschutzbehörde)
Barichgasse 40–42, 1030 Vienna
Phone: +43 1 52 152-0
Email: dsb@dsb.gv.at
dsb.gv.at

9. Changes

We update this policy when the website or the legal situation changes. The version published here at the time applies.

1. Scope

Offgrid Pictures OG (the “Production”) develops, produces and brings out its own documentary films. These terms apply to all business relationships arising from that work, in particular to

• the licensing and distribution of finished films to broadcasters, streaming services, distributors, sales agents, educational institutions and organisers of screenings,
• co-productions and cooperation with funding bodies,
• festival submissions and festival screenings,
• access to screeners and other non-public material,
• and, as a secondary case, commissioned production services (section 11).

They apply exclusively to entrepreneurs within the meaning of § 1 of the Austrian Commercial Code (UGB), to legal entities under public law and to broadcasters, funding bodies, festivals and distributors. These are not consumer transactions within the meaning of the Austrian Consumer Protection Act (KSchG).

Differing or additional terms of the other party only become part of the contract if the Production agrees to them in writing. Where the mandatory conditions of a public funding body conflict with these terms, the funding conditions prevail for that project.

2. Own productions and ownership of rights

The films are the Production's own works. Copyright and related rights in a film, in its raw material and in all preliminary work remain with the Production and with the authors involved. Development material such as treatments, synopses, budgets, funding applications and rough cuts does not transfer any rights to the recipient.

A right of use only arises from a written licence agreement and only to the extent expressly described there. Rights not expressly granted are reserved.

3. Screeners and non-public material

Access to a screener, a preview link or an unfinished cut is granted personally, for a limited time and for the purpose of assessment only. Recipients undertake

• not to pass on links, passwords or files,
• not to record, download, copy or publish the film or excerpts of it,
• not to screen it publicly and not to use it for any other purpose,
• and to observe any embargo that applies before the world premiere.

Screeners may be watermarked. The Production may withdraw access at any time. Any breach entitles the Production to withdraw access immediately and to claim damages.

4. Offers and conclusion of licence agreements

Offers of the Production are without obligation and, unless stated otherwise, valid for 30 days. A contract is concluded upon the Production's written confirmation; email satisfies the written form requirement. Each licence agreement states at least the licensed film, the media, the territory, the licence term, whether the licence is exclusive or non-exclusive, the permitted language versions and the licence fee.

Editing, shortening, re-cutting, dubbing, insertion of advertising, sub-licensing to third parties and any use in a different context require separate written consent.

5. Delivery of materials

Unless agreed otherwise, delivery consists of the film in the agreed master format together with subtitle files, a dialogue list, stills and press information. Common formats are 4K DCP and ProRes; other formats, additional language versions, audio description or new subtitle versions are produced only on separate order and are charged separately.

Materials are made available on the agreed date and after payment has been received. The licensee is responsible for making its own backup copies of delivered material.

6. Licence fees and payment

All amounts are net and exclusive of value added tax at the statutory rate. Costs of shipping, customs, special formats and third-party licences requested by the licensee are additional.

Invoices are payable in full, without deduction, within 14 days of the invoice date.

In the event of late payment no default interest is charged; the other party only reimburses the necessary costs of appropriate collection measures. Set-off against disputed counterclaims and the withholding of payments due are excluded.

The licence takes effect only once the licence fee has been paid in full. Until then any use is unauthorised.

7. Festivals and screenings

Festival participation is agreed individually. Festivals and organisers undertake to screen the film only at the agreed date, in the agreed venue and in the agreed version, not to record it, and to respect the premiere status agreed with the Production. Additional screenings, press screenings and online availability require separate consent.

The Production decides on premiere strategy and embargoes. Where a festival requires exclusivity or a specific premiere status, that is agreed in writing in advance.

8. Funding and co-production

Where a project is publicly funded, the parties cooperate on everything the funding requires: the funders are named in the credits and in promotional material in the prescribed form, deadlines and reporting duties are observed, and the documentation needed for accounting is provided in good time.

In co-productions, the shares of rights, contributions and revenues are set out in a separate co-production agreement. These terms apply in addition, as far as that agreement does not provide otherwise.

9. Credits, billing block and promotion

The Production and the authors involved are credited in a manner customary in the industry; the attribution of authors follows § 20 of the Austrian Copyright Act (UrhG). Credits, the billing block and funders' logos must be reproduced unaltered and may not be removed or shortened.

The Production may use its films as well as excerpts, stills and behind-the-scenes material for its own promotion, in particular on its own website, in showreels, in funding applications and for festival submissions, and may name partners as references. Embargo periods are observed.

10. Rights of filmed persons, warranty and liability

The Production obtains the consents required for filming and for the agreed use from the people filmed (§ 78 UrhG, Article 6(1)(a) GDPR) and documents them. The scope of those consents limits the use of the material; a licensee may not use the material beyond that scope. If a person filmed withdraws their consent, the withdrawal takes effect for the future; the Production informs its partners without delay and agrees how to proceed.

The Production warrants that it holds the rights needed for the agreed use and that, to its knowledge, no third-party rights conflict with it. This warranty does not extend to material supplied by the other party, nor to uses beyond the agreed scope; the other party is liable for those and indemnifies the Production accordingly.

The Production is liable only for intent and gross negligence. Liability for slight negligence, consequential loss, lost profit, loss of data and indirect damage is excluded. Liability is limited in amount to the net licence fee or order value in question. Liability for personal injury remains unaffected.

11. Commissioned services

Where the Production exceptionally works on commission, the scope of services follows from the offer and its annexes; services not expressly named are not part of the contract. The client provides the information, access and permits required in good time and names a contact person authorised to give approvals. Rights of use pass only upon full payment, in the scope stated in the offer. Project files and raw footage are not part of the deliverables. Sections 6, 9, 10 and 12 to 13 apply accordingly.

12. Confidentiality

Treatments, budgets, funding applications, screeners, contract terms and all other non-public information are confidential and may not be passed on to third parties or published without written consent. This obligation survives the end of the contract.

13. Withdrawal

The Production may withdraw from a contract if the other party fails to make payments due despite a grace period, breaches sections 3, 9 or 12, or if insolvency proceedings are opened over its assets. Claims to fees already earned remain unaffected. Statutory rights of withdrawal remain unaffected for both parties.

14. Place of jurisdiction and applicable law

Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from these business relationships is the court with subject-matter jurisdiction for Vienna, Innere Stadt. The place of performance is the Production's registered seat.

15. Final provisions

Amendments and additions must be made in writing; this also applies to any waiver of this formal requirement. Should any provision of these terms be or become invalid in whole or in part, the validity of the remaining provisions is unaffected. The invalid provision shall be deemed replaced by the valid provision that comes closest to its commercial purpose.