Effective Date: April 2019
Introduction and Overview
In addition, please review the Service’s Terms of Service, which governs your use of the Service, and includes among other things limits on our liability and your remedies, mandatory arbitration, and waiver of jury trial and class actions. By using our Service, you agree to our Terms of Service (which grants us rights from you, limits our liability to you and limits your remedies) and consent to our collection, use and sharing of your information and data, and other activities, as described below.
1. Personal Information We Collect
In this section, we explain what personal information we collect about you and how we collect it.
(a) Information You Provide
You can use most of our Services without actively submitting any information about yourself, but you may choose to provide us with personal information through the Services, and when you do this, we will collect the personal information you provide. In particular:
- If you provide your phone number to download our app, we will collect your phone number
- If you desire localized content, we will collect your postal code
- If you contact us about opportunities to partner with XUMO, we will collect your name and contact information
- If you contact us through user support, we will collect your email address, mailing address, phone number, and any other information you provide
- If you sign up for our mailing lists, we will collect your email address
(b) Information About Your Use of the Services
We collect information about your use of the Services, such as the time of your visit and the content you view. For example, we track what channels and content individual users view and how long a user watches those channels and content.
We also receive and collect technical information about your device and software, as applicable, including the type of device, operating system and version, network information, IP address (a unique number used to identify a device on the internet), mobile device advertising identifier (a resettable identifier that is assigned to your mobile device by your operating system provider, such as Apple or Google), connected TV application device identifier (such as your Roku advertising identifier), connected TV identifier, the page you visited before visiting our website, and crash data.
(c) Information from Third Parties
In some jurisdictions, we may collect information about your device or household from third parties. We will use this information to customize the content and advertisements that are shown to you.
2. Advertising and Analytics Services Provided By Others
The Services interact with Nielsen’s proprietary measurement, which will allow you to contribute to market research. By clicking on http://www.nielsen.com/digitalprivacy, users can access more information about the measurement software and learn about their choices with regard to Nielsen’s measurement.
3. Use of Information
We use the personal information we collect to analyze traffic and user activities on our Services, identify popular areas or features, and optimize and personalize the Services. This includes linking information gathered across through various methods to provide you with a consistent experience on our Services. For example, we may suggest content or titles that may be of interest, organize your guide to show the most relevant channels or titles, and customize notifications or advertisements or other marketing communications on our Services or third-party sites and services.
We may also use the information we collect for the following purposes:
- Respond to customer service requests
- Provide, maintain, and improve our Services, as well as to develop new content and features
- Protect the rights and property of XUMO and others, including to detect, investigate, and prevent fraud and other illegal activities and to enforce our agreements
- For marketing and advertising
4. Disclosure of Your Personal Information
We will not disclose your personal information to any unrelated third parties unless we have your consent to do so, with the exceptions we mention here:
- With service providers who provide services to us under a contract and are required to keep the personal information confidential
- If reasonably necessary to comply with a law, regulation, or compulsory process (for example, to respond to a subpoena)
- If we conclude your actions violate our user agreements or policies, or to protect the rights, property or safety of XUMO or others
- In connection with a merger, sale of company assets, financing or acquisition of all or a portion of our business, provided that the receiving party agrees to protect personal information in accordance with the commitments of this policy and applicable law
- With our parent, subsidiaries and affiliates
As noted above, we share personal information that does not directly identify you but that identifies your device, such as cookie identifiers, device identifiers, and IP addresses, through third-party cookies and similar technologies on our Services, to enable those third parties to provide us with analytics and advertising services.
We may share information that cannot be linked back to you or your device (such as aggregated data), which is not considered personal information under this Policy, with third parties.
5. Data Storage
We store the personal information we collect for as long as is necessary for the purpose(s) for which we originally collected it. We may also retain personal information as required by law.
6. Individuals in the EEA and Switzerland
(a) Legal Basis for Processing
If you are in the European Economic Area, the United Kingdom, or Switzerland, we will only collect, store, or otherwise process your personal information in the following situations:
- When we have your consent to do so. For example, if you opt in to receive promotional emails. You can withdraw your consent at any time as described below or directly through the Services.
- We need to use your personal information to perform our responsibilities under our contract with you (e.g., providing the products or services you have requested).
- We have a legitimate interest in processing your personal information. For example, we may process your personal information to communicate with you about our Services; and to provide, secure, and improve our Services.
- We are required by law to process the information.
(b) Your Rights and Choices
If you are in the EEA, the United Kingdom, or Switzerland, you have the right to access the personal information we hold about you and to ask us to correct, erase, or, in some situations, transfer it to another provider. You may also have the right to withdraw your consent to processing, object to, or request that we limit or restrict certain processing of your personal information as described in the “Choices” section below. You may exercise these rights by using the controls discussed below or by contacting us at: email@example.com with the subject line “Privacy Rights.” When necessary to identify you, we will request that you give proof of your identity or require more information from you that is necessary to handle your request.
7. Data Transfers
We and our service providers transfer your personal information to, or store or access it in, other countries where the laws may not provide levels of protection for your personal information that are equivalent to the protection provided by the laws of your home country. When we do this, we take steps to ensure that your personal information receives an appropriate level of protection through contractual requirements imposed on the recipient of the information.
8. Children’s Privacy
We are do not knowingly collect personal information from children under the age of thirteen (13). If you are a parent or guardian and you believe that your child under the age of thirteen (13) has provided us with personal information without COPPA-required consent, please contact us at the email address listed in the Contact Us section below.
(a) Promotional Emails
You can opt out of receiving promotional emails by following the instructions in those messages. If you opt out of receiving promotional emails from us, we may still send you non-promotional emails.
(b) Mobile Push Notifications
When you consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
(c) Cookies and Similar Technologies
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies.
10. Questions or Complaints
11. Contact Us
If you have any questions or concerns regarding our privacy policies, please send a detailed message to our support team, and we will try to resolve your concerns, or you may contact our Privacy Officer at: firstname.lastname@example.org or via mail at XUMO, 3347 Michelson Dr, Suite 100, Irvine, CA 92614 (Attn: Legal Department).
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