Privacy Policy

Last Updated: May 5, 2016

This privacy policy (“Privacy Policy”) provides important information about your privacy in connection with your use of Philo, including (a) www.philo.com, www.tivli.com, backend.tv, and all corresponding domains, subdomains, web pages and websites associated therewith (collectively, “Site”), (b) the Philo app/channel on mobile, console and other IP-enabled devices and platforms, including without limitation Apple iOS, Apple TV, Android, Chromecast and Roku, and (c) any other features, functionality, content applications and services offered by us, including application/device-based features and related technology (e.g., apps, APIs, widgets, etc.) (subsection (a), (b) and (c) above shall collectively be referred to as the “Services”).

Please review our Terms of Service Agreement, which governs your use of the Services. The following capitalized terms that are not defined in this Privacy Policy shall have the meaning given in the Terms of Service Agreement.

By accessing or using the Services, you affirmatively consent to this Privacy Policy (and the practices described herein), which will remain in full force and effect, even if your use of the Services or any particular feature or other activity offered in connection therewith terminates, expires or is deactivated for any reason. If you do not agree with any provision of this Privacy Policy, do not access or use the Services or any features, activities, products or services offered through or in connection therewith. This Privacy Policy applies regardless of the Device you use to access the Services and whether you are accessing the Services as a guest, a registered user, or otherwise. “Third Party Service” includes any third party websites, content, data, information, applications, goods, services or materials, including Social Media Services.

1. COMMITMENT TO PRIVACY

Philo, Inc. (“Philo”, “we”, “us” or “our”) takes your privacy seriously. We will not disclose your Personal Information or specific information about your individual use of the Services to unaffiliated third parties except when necessary or with your consent, and we explain those circumstances in this Privacy Policy. If you do consent to third-party marketing, our forms will require you to explicitly consent, for example, by checking a box on a form.

2. GENERAL

2.1
This Privacy Policy governs only the information (a) collected by us from you and (b) provided to us by Third Party Services (e.g., Facebook, HBO GO, etc.), Operators (e.g., Roku, DirecTV, etc.), or Facilities (e.g., residential facilities, multi-dwelling units, etc.) (or any owner or operator thereof) about you, in each instance, on or in connection with your use of the Services, and does not cover any other information collected by or provided to us in any other manner or collected by or provided to any other entity, unless specifically stated. Where you have provided your information to third parties such as Facilities (or any owner or operator thereof) marketing companies, platform operators, technology providers, our advertisers, sponsors and/or other promotional partners and those third parties have shared that information with us, we may combine such information with the information we collect, and, if we do so, our use of the resulting combined information will be subject to this Privacy Policy.

2.2
When we use the term “Verification Information,” we refer to required information you and/or your Facility (or any owner or operator thereof) provide us during User Verification (as defined below), which may include a unique token, all or part of your legal name, your email address, your physical location, your residential address, or other information about you. When we use the term “Personal Information,” we mean any information that we collect on the Services that would allow someone to identify you or contact you, such as your full name, address, e-mail address, or telephone number. Any Personal Information, other than Verification Information, will be collected from you only at your option and with your consent. When we use the term “Additional Information”, we mean any information that we collect on the Services other than Verification Information or Personal Information. Personal Information and Additional Information (but not Verification Information) shall be collectively referred to as “Information”.

2.3
Please note that certain of our agreement(s) with your Facility (or any owner or operator thereof) may, in certain instances, limit some of the terms and conditions of this Privacy Policy (e.g., limiting our use of certain Information, etc.) absent our provision of additional notice to you or our obtaining additional consent, as the case may be.

3. INFORMATION WE COLLECT

3.1 User Registration and Certain Transactions
If you become a registered user of, or otherwise sign up for, the Services, we may require you and/or your Facility (or any owner or operator thereof) to provide certain Verification Information to us, such as your email address, Device information and/or Facility. In order to access and use the Services, you are required to input additional Verification Information which may include a username, password and/or other authentication combination (whether associated with a Facility, a social networking platform (such as Facebook), and certain additional information required by applicable law or regulation, such as your age. We may also require that we receive certain Verification Information from your Facility (e.g., authentication tokens, keys, codes, etc.) (or any owner or operator thereof) and/or Operator to verify and authenticate your access to and use of the Services, including your use of certain Video Content made available in connection therewith (e.g., premium and subscription content, etc.). We refer to such verification and authentication activities in this Agreement as “User Verification.”

3.2 Third Party Services
If you log into the Services using account information from a Third Party Service (e.g., Facebook), connect a Third Party Service to the Services or enable functionality from Third Party Services as part of your use of the Services, we may receive Information from the applicable provider of the Third Party Service that you have consented to be shared with us pursuant to its terms and conditions, whether made available via an application programming interface (“API”) or otherwise. Such Information may include, for example, your first and last name, gender, your physical location and that of your Devices, your date of birth, certain profile information, your public ID on or associated with the Third Party Service, profile page URL and e-mail address. We will, as reasonably practicable, disclose to you what information we collect from the Third Party Services when you connect the Services to the Third Party Service (e.g., by implementing a compatible disclosure feature offered by the Third Party Service). Your use of any such Third Party Service is at your own discretion and is not required in order to use the core features of the Services (for example, to watch television content you are entitled to watch).

3.3 Technical, Operational and Customer Support and Feedback.
When you use our customer support system, contact us for technical, operational or other support or otherwise provide any comments or feedback to us, you may be required to provide certain Information, including your full name, email address, telephone number, credentials, Facility, Device information, operating system and platform, physical location and other Information relevant to your applicable issue or to contact you with respect to resolving the issue. We will not use any Information provided to our customer support system for any other purpose without your explicit permission.

3.4 Automatic Data Collection.
Our Services include features and functionality that automatically collect Information regarding your use of the Services, which enable us to, among other things, keep track of your preferences, create a more tailored user experience, better address your particular interests and needs, and provide de-identified, aggregate ratings data to the television industry. The Services and/or third parties may use “cookies”, “embedded scripts”, “web beacons” and other tracking and logging technologies (collectively, “Logging Technologies”) to collect Additional Information automatically as you interact with and otherwise use the Services, as well as to collect such information over time and across different websites that are associated with such third parties; such activities will be in accordance with this Privacy Policy, including without limitation its Section 4.4 below. We use Logging Technologies to, for example, collect “clickstream” data and other information, such as your browser type and version, operating system and platform, referring and exit pages, domain names, landing pages, the average time spent using the Services, shows viewed, content searched for, access and viewing times, and other relevant statistics and information, and assign unique identifiers to the Device you use to access the Services for the same purposes. We may associate the information obtained through these Logging Technologies with your Personal Information so we can better customize your experience using the Services and/or the advertisements and promotions you see. By accessing and/or using the Services, whether as a guest, a registered user, or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to store your activities and your use of the Services as described in this Privacy Policy.

4. HOW WE USE INFORMATION

“Information,” “Verification Information,” “Personal Information” and “Additional Information” are defined above in Section 2.2 (Verification Information) We may use Verification Information solely for the purposes of:

4.1 Personal Information
We may use your Personal Information for the following purposes:

  • Any purpose for which we may use your Verification Information;
  • Providing you the Services;
  • Contacting you about the features or functionality of the Services;
  • Sending you marketing and promotional e-mails, communications and other correspondence with your consent (e.g., whether obtained at the time of registration, login or any other time);
  • Responding to your questions or other requests, including with respect to technical, operational and other support matters;
  • Tailoring your experience on the Services and/or otherwise customizing what you see when you use the Services;
  • Marketing and promoting the Services, either with your consent or such that no Personal Information is disclosed to a third party;
  • Tracking your return visits to, and use of, the Services; and
  • Other purposes disclosed at the time you provide us with Personal Information.
  • 4.2 Additional Information
    We may use the Additional Information for various purposes, such as for:

    4.3 Personalization of Advertising
    The Services may also use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties to, for example, serve advertisements on the Services, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on the Services. Such services may enable us to display advertisements on the Services based on your use of the Services and other platforms you have used. These services enable us to, among other things, help deliver advertisements or other content to you for products and services that you might be interested in, to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you. We will not disclose any of your Personal Information to these third parties, and if we disclose the results of any such research we conduct, the disclosure will be aggregated and/or de-identified.

    Although we may personalize television advertising for you based on data we collect from your use of other platforms, we will not use cookies, web beacons, or similar technologies to indirectly provide third parties with your Information. We may use personalized links in the context of your consent to visit a third party site (for example, if you voluntarily click on an advertisement), provided that we do not implicitly associate your Personal Information with the clicking of any such link.

    5. OPTING-OUT OF CERTAIN USES OF YOUR INFORMATION

    5.1 Marketing and Promotional Communications
    At times, you may be presented with the option of whether to receive certain marketing and promotional communications from us and others that we think will be of interest to you. Recipients of such communications can unsubscribe by either following the specific instructions included in such communications, or may “opt-out” of receiving marketing and promotional e-mails from us at any time by changing your account settings on the Services or by sending an email to us at privacy@philo.com detailing your privacy request. Please note that “opt-out” and “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your Information shall remain subject to the prior privacy settings. Additionally, you should be aware that any Information provided to third parties prior to your election to opt out or unsubscribe cannot be retrieved or rescinded by us, unless required by applicable law, and you cannot retroactively opt out or unsubscribe with respect to such third parties. Further, also please note that in order to keep you informed about the operation of the Services and related products and services, we may always send you emails and announcements that are needed for the proper functioning and administration of the Services, including for the purposes described in Section 4 above, in connection with your use of the Services.

    5.2 Other Uses
    We do not sell, rent, lease or disclose your Personal Information to third parties, except if you consent to such disclosure or as otherwise described in this Privacy Policy. We reserve all rights with respect to any de-identified, aggregated data that we collect in connection with your use of the Services, including, but not limited to, for the purposes described in Section 4 above. Our affiliated companies, including all of their respective business units, subsidiaries, affiliates and platforms may obtain from us and be able to use your Personal Information only in accordance with this Privacy Policy. You can choose to opt-out of certain such uses as described in Section 5 above. We may share, disclose and/or sell Additional Information to third parties, but we do not disclose Personal Information to them except with your consent and as described in this Privacy Policy. For example, we will not disclose any of your Personal Information to advertisers unless we tell you prior to disclosure that you can choose to share your Personal Information with advertisers and you subsequently opt in to such sharing.

    6. SHARING AND DISCLOSURE OF INFORMATION

    6.1 General Disclosure
    We do not sell, rent, lease or disclose your Personal Information to third parties, except if you consent to such disclosure or as otherwise described in this Privacy Policy. We reserve all rights with respect to any de-identified, aggregated data that we collect in connection with your use of the Services, including, but not limited to, for the purposes described in Section 4 above. Our affiliated companies, including all of their respective business units, subsidiaries, affiliates and platforms may obtain from us and be able to use your Personal Information only in accordance with this Privacy Policy. You can choose to opt-out of certain such uses as described in Section 5 above. We may share, disclose and/or sell Additional Information to third parties, but we do not disclose Personal Information to them except with your consent and as described in this Privacy Policy. For example, we will not disclose any of your Personal Information to advertisers unless we tell you prior to disclosure that you can choose to share your Personal Information with advertisers and you subsequently opt in to such sharing.

    Because we do not sell, rent, lease or disclose your Verification Information to third parties without your consent outside of our affiliated companies, the provision of information from student records to Philo by your Facility (or any owner or operator thereof) is compliant with FERPA.

    6.2 Social Media Services
    Philo may enable you to log in to the Services via third party social media services, such as Facebook (“Social Media Services”). By logging into the Service using account information from a Social Media Service, you agree that we may transmit your User Information to the providers of Social Media Services.

    6.3 Service Providers
    We also have the right to disclose your Verification Information and other Information to third parties for the purpose of administering, maintaining and providing the Services, including all associated features, functions, transactions and operations. We will refer to these third parties as “Operational Service Providers”. We use Operational Service Providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we disclose your Information to Operational Service Providers for the purpose of providing services to us. These Operational Service Providers may temporarily store some information on their servers, and they may only use your Verification Information and other Information for the purposes permitted in Section 4 above.

    6.4 Other Third Parties
    Please be aware that joint ventures in which we participate and our affiliated companies, including all of their respective business units, subsidiaries, affiliates and platforms, may obtain from us and be able to use your Information in accordance with this Privacy Policy. In addition, if Philo sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a reorganization, dissolution, merger, transfer of all or a material part of its business or other similar event, Philo may transfer your Verification Information, Personal Information and Additional Information to the party or parties involved in the transaction as part of that transaction who may use that Information in accordance with this Privacy Policy.

    Information and other Information for the purposes permitted in Section 4 above.

    6.5 Affiliated Media Content Providers
    If you use Philo to sign on to applications offered by affiliated media content providers (for example, HBO GO or other “TV Everywhere” applications), Philo may share your Verification Information with them solely to the extent necessary to certify to such partners that you are entitled to use those applications. We may also provide relevant Additional Information to them pursuant to this Privacy Policy. Your use of such applications is optional and may be subject to separate terms of use and privacy policy(ies) provided by the applicable media content provider.

    6.6 Additional Disclosures
    There may be instances when we may access or disclose Information without providing you a choice in the following circumstances: (a) to protect or defend the legal rights or property of Philo; (b) to protect the safety and security of the Services and users; (c) to protect against fraud or for risk management purposes; (d) if we believe your actions violate the Terms of Service Agreement, this Privacy Policy and/or any Additional Terms; or (e) to comply with law or legal process.

    7. USER CHOICE AND ACCESS

    By using the Services, you (a) expressly choose to receive certain communications from us and, unless you otherwise indicate, certain third parties as described in this Privacy Policy, and (b) expressly agree to the privacy practices described herein. You may change your privacy preferences (e.g., choose to cease receiving certain communications or ask us not to share your Personal Information with a particular third party) by sending an email to us at privacy@philo.com detailing your privacy request. Other privacy preferences (e.g., deactivating your user account) may be made by modifying your account settings on the Services. Except as described in this Privacy Policy, we will get your permission before we use the Personal Information you provide to us in a way that is inconsistent with the purpose for which it was submitted or share your Personal Information with third parties that are not affiliated with us. If you ask us to stop using your Personal Information, we will honor that request to the best of our ability, but we will not be able to delete any Personal Information you consented to be provided to certain third parties, and we will always retain a record of any Personal Information as necessary to comply with applicable law. However, you may be unable to continue to use a Service (or certain features thereof), if you require us to stop using your Personal Information. You always have the right to access and correct the Personal Information you have provided and generally you may review, update or delete certain Information collected by the Services at any time by accessing your account as described in this Section 7 or by contacting us as described in Section 15. If you wish us to stop using your Verification Information, you should deactivate your account by modifying your account settings on the Services.

    We do not currently respond to web browser “do not track” signals or other mechanisms that provide a method to opt out of the collection of information over time and across third-party websites. If we do so in the future, we will describe how we do so in this privacy policy. For more information about do not track, visit www.allaboutdnt.org.

    8. DATA COLLECTION FROM CHILDREN

    We do not knowingly collect personal information from children under 13 without appropriate parental notice and consent. Please visit http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm for information from the US Federal Trade Commission about protecting children’s privacy online.

    9. SECURITY

    While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Personal Information. However, regardless of our efforts and the Device you use to access the Services, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We also limit access to the Services by our own employees, contractors, Operational Service Providers and those individuals who are authorized for the proper handling of such information. We request that our third party contractors and Operational Service Providers follow similar standards of security and confidentiality.

    10. YOUR CALIFORNIA PRIVACY RIGHTS

    If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as “unsubscribe”) or opt-in for use of your Personal Information by third parties (such as advertisers and promotional partners) for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year. If you are a California resident and wish to request information about how to exercise your third party disclosure choices or other rights afforded under the law of the State of California, please send a request by email to our Privacy Administrator at privacy@philo.com or by postal mail to address set forth in Section 15 herein. All requests must be labeled “Your California Privacy Rights” on the email subject line or envelope or post card. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone or by fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

    11. LINKS

    The Services may be linked to other sites and platforms operated by other companies. The Services may also feature advertisements from other third parties. Philo does not verify, endorse, or have any responsibility, obligation or liability for (a) URLs or hyperlinks referenced or included anywhere in connection with the Services or any other form of link or re-direction of your connection to, with or through the Services or (b) any Third Party Services. Philo encourages you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service you use. Likewise, this Privacy Policy does not govern your use of other sites and platforms operated by other companies that are linked to from the Services.

    12. PRIVACY POLICY CHANGES

    From time to time we may modify this Privacy Policy to reflect industry initiatives or changes in the law, our Information collection and use practices, the features of the Services, or technology, and such modifications shall be effective upon posting. Your continued use of the Services after we post a revised Privacy Policy signifies your acceptance of the revised Privacy Policy. It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes. If we materially change our practices regarding collection, use or disclosure of your Personal Information, your Personal Information will continue to be governed by the privacy policy under which it was collected unless you have been provided notice of, and have opted-in to, the change.

    13. CONTACT US

    If you have any questions about our privacy practices or any of the terms or conditions of this Privacy Policy, please feel free to contact us at: privacy@philo.com or:
    Philo, Inc.
    Attn: Privacy, 772 Bryant Street, San Francisco, CA 94107.

    14. SOLE STATEMENT

    Without limiting any agreement between you and your Facility (or any owner or operator thereof), this document is the sole statement of the Privacy Policy for the Services provided or performed by Philo.

    This Privacy Policy was last modified on the date indicated above and is effective on such date.

    Copyright © 2016 Philo, Inc.