II. Our Commitment to Your Privacy
A. Whip Networks, Inc. (collectively, “we” or “us” or “WNI”) is pleased to provide you its online services and applications: the tvtime.com (the “Site”) and the mobile application “TV Time” (the “App”), (collectively, the “Service”).
Whip Networks, Inc. is a private company, established in the U.S.A., registered at 1841 Centinela Avenue, Santa Monica, CA 90404, United States and for the purposes of the General Data Protection Regulation (“GDPR”) is the data controller.
III. Information We Collect and How We Collect It
A. We collect information in the following ways: (i) we collect information you submit via the Service; (ii) we collect information we derive from your use of the Service; and (iii) we collect information we obtain from Social Networking Services (defined below) when you connect to Service via your social media account. The information we gather enables us to personalize, improve and continue to operate the Service.
B. In connection with the Service, we collect the following types of information from and about you, including:
6. Communications. When you contact us or we contact you, we collect any information that you provide, including the contents of the messages or attachments you send us.
IV. How We Use Your Information
A. As it is in our legitimate interests to provide our services, be responsive to you and to ensure the proper functioning of our Services, we use information that we collect about you or that you provide to us as follows:
B. Where permissible under applicable law, we reserve the right to send you communications regarding the operation of the Service, or to advise you of Service changes or other events or occurrences which will affect your access to or use of the Service (such as service announcements, administrative notices and the like) without offering you the opportunity to opt out of them.
C. Where we send you marketing communications and you do wish to opt-out of receiving future marketing communications, you may do so at any time. We may allow you to do so by clicking the opt out in any future communication, logging in to your applicable Account and you will find options for editing your preferences, or otherwise you can communicate your preferences to us by emailing us at firstname.lastname@example.org.
V. Sharing Your Information
TV Time may share your information under certain circumstances. Your information may be shared as follows:
A. For Business Purposes. In the last 12 months, we may have shared the following categories of personal information for business purposes:
The above categories of information may have been shared:
B. Sale to Third Parties. In some circumstances within the last 12 months, TV Time may have “sold” certain personal information as “sale” is defined by the California Consumer Privacy Act. This information may include:
In general, we only “sell” certain user-level information, such as viewing habits, which is associated with your unique ID(s) (such as device ID) and is hashed before it is shared with third parties. We may also sell information to third parties for targeted advertising purposes.
C. For Other Purposes. In addition to the above, we may share your information in the following ways or for the following purposes:
VI. International Transfer of Your Information
A. We are a US-based company so if you are located outside of the United States, please be aware that the information that we collect from you will be transferred to, and stored at, a destination outside of your country and the European Economic Area (“EEA”) in order to provide the Services to you, and, in particular, to the United States, which may have different or less protective privacy laws than those in your country.
B. Where the GDPR applies and our processors of your information are located outside the EEA, such transfer will either be: (i) to a recipient certified to the US Department of Commerce's EU-US Privacy Shield; or (ii) subject to the European Commission’s model contracts for the transfer of personal data to third countries (i.e., the standard contractual clauses, the “Model Clauses”). For more information about the EU-US Privacy Shield Framework, visit the U.S. Department of Commerce's Privacy Shield website. If you would like to see a copy of the Model Clauses, please contact email@example.com.
VII. How Long We Retain Your Information
A. We will retain your information as follows for as long as we are required in order to provide the Service to you, or as required to fulfill our legal requirements and defend legal claims.
B. After you have terminated your use of the Service, we will store your information in an aggregated and anonymized format.
VIII. How to Access and Modify Your Information
You may access and modify the information that you have provided to us as follows:
A. You may contact us at firstname.lastname@example.org and request to review, amend or delete your information collected by us, and/or request us to cease collecting information from you in the future.
B. If you have created an Account, you may review and make changes to certain of your personal information and other information by logging into your Account and updating your Account profile.
You have certain options to control or restrict which information we share with advertisers, Ad Networks or other Third Party Services (as defined in Section X (Third Party Services)). These options depend on whether the information is collected through the Site or the App.
A. Options for the Site. Most browsers are initially set up to accept cookies, however you may visit our cookie privacy center here and set your cookie preferences. We or our vendors or content partners use several common online tracking tools, including browser and flash cookies, web beacons and similar technologies, to personalize your experience on the Service, provide measurement services, and serve you targeted advertisements. Most browsers allow you to change your cookie settings. These settings will typically be found in the “options” or “preferences” menu of your browser; otherwise you should use the “Help” option in your browser for more details. Some web browsers have a "Do Not Track" feature that lets the browser specify that a user does not want to have their online activities tracked. Our website is equipped to respond to these signals. There are also available mechanisms created for the digital advertising industry, where you can register your intent not to receive targeted advertising, located at http://www.aboutads.info/choices, http://optout.networkadvertising.org/ and http://www.youronlinechoices.com.
We use Google Analytics, which is a web analytics tool that helps us understand how users engage with the Website. Like many services, Google Analytics uses first-party cookies to track user interactions, as in our case, where they are used to collect information about how users use our site. This information is used to compile reports and to help us improve our Website. The reports disclose website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit our site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page: https://tools.google.com/dlpage/gaoptout.]
B. Options for the App. Mobile devices may contain settings that allow you to disable tracking advertising and/or analytics. In addition, the digital advertising industry has provided the ability for mobile users to register their intent not to receive targeted advertising at http://www.aboutads.info/appchoices.
If you choose to disable cookies or opt out of tracking or disengage similar features on your mobile device, some or all areas of the Services may not be optimized for your use, you may not be able to access the functionality of the Services, and the advertising you receive may not be relevant to you.
If you are an individual accessing our Services from the EEA, please also see Section XV (Your EEA Privacy Rights) below.
X. Third Party Services
XI. Our Policy Towards Children
A. This Service is not intended for children under the age of 13. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register an Account. Children under the age of 13 should not use the Service or access the Service at any time.
XII. Security of Your Information
A. We implement reasonable administrative, technical and physical security measures to protect the security of your information both online and offline, and we are committed to the protection of user information. In general, our business practices limit employee access to confidential information to those employees we reasonably believe need such information do their jobs.
B. Your Account information is protected by the password you use to access your Account. It is important that you protect and maintain the security of your Account and that you immediately notify us of any unauthorized use of your Account.
C. While we take reasonable precautions against possible security breaches of the Service, no website or Internet transmission is completely secure, and we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your personal information (including your Account password) safe and to log out of your Account after use.
XIV. Your California Privacy Rights
Sharing for Direct Marketing
A. A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (“California customer”) is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.
C. California customers may request further information about our compliance with this law by e-mailing email@example.com. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address.
California Consumer Privacy Act
The California Consumer Privacy Act (“CCPA”) provides California residents with certain additional rights regarding their personal information:
You have the right to know and see what information we have collected about you over the past 12 months, including:
2. Right to Delete
You have the right to request that we delete the information we have collected from you (and direct our service providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:
a. Complete your transaction;
b. Provide you a good or service;
c. Perform a contract between us and you;
d. Protect your security and prosecute those responsible for breaching it;
e. Fix our system in the case of a bug;
f. Protect the free speech rights of you or other users;
g. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
h. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws;
i. Comply with a legal obligation; or
j. Make other internal and lawful uses of the information that are compatible with the context in which you provided it.
3. Right to Opt-out
You have the right to “opt-out,” or direct us to stop “selling” or otherwise sharing your information with third parties in exchange for monetary or other valuable consideration. To submit an opt-out request, please email us at firstname.lastname@example.org with your request or or select the ‘Do Not Sell My Personal Information’ link accessible from tvtime.com or within the app.
4. Non Discrimination
You have the right not to be discriminated against for exercising any of the CCPA rights listed above.
5. Exercising Your California Privacy Rights
To request access to or deletion of your personal information, to opt-out, or to exercise any other rights under California law, please email us at email@example.com with your request or mail us your request at Whip Networks, Inc., 1841 Centinela Ave., Santa Monica, CA 90404. To opt-out, you may also select the ‘Do Not Sell My Personal Information’ link accessible from tvtime.com or within the App.
6. Response Timing and Format
We aim to respond to a CCPA request for access or deletion within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension period in writing.
XV. Your EEA Privacy Rights
If you are located in the EEA, you may have certain rights under the GDPR as set out below.
A. Access and Portability: You have the right to ask us to access the personal information we hold about you and be provided with certain information about how we use your information and who we share it with. Where you have provided your personal information to us on the basis of our contract with you or on the basis of your consent, you have the right to ask us for a copy of this information in a structured, machine readable format and to ask us to share (port) this data to another data controller.
B. Right to deletion: In certain circumstances, you have the right to ask us to delete the personal information we hold about you:
C. Restriction: In certain circumstances, you have the right to ask us to restrict (stop any active) processing of your personal information:
D. In addition, you can object to our processing of your personal information based on our legitimate interests and we will no longer process your personal data unless we can demonstrate an overriding legitimate ground.
E. At any time you have the right to object to our processing of information about you in order to send you marketing, including where we build profiles for such purposes, and we will stop processing the data for that purpose.
F. To exercise any of these rights above, please contact us at firstname.lastname@example.org
G. Please note that these rights are limited, for example, where fulfilling your request would adversely affect other individuals where there are overriding public interest reasons or where we are required by law to retain your personal data.
XVI. Contact Us
In the event that you wish to make a complaint about how we process your personal information, please contact us in the first instance at email@example.com and we will endeavor to deal with your request as soon as possible. This is without prejudice to your right to raise a complaint with a relevant supervisory authority.