Last Updated: May 5, 2016
1. COMMITMENT TO PRIVACY
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”.
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.
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:
- Establishing your identity with the Facility (or any owner or operator thereof);
- Verifying your eligibility to use the Services and receive various Video Content available on the Services;
- Preventing and detecting fraud and unauthorized activity, including the infringement of our or third parties’ rights; and
- Complying with legal obligations or legal process.
4.1 Personal Information
We may use your Personal Information for the following purposes:
4.2 Additional Information
We may use the Additional Information for various purposes, such as for:
- Any purpose for which we may use your Verification Information or Personal Information;
- Research and internal purposes and/or to provide de-identified reporting for internal and external clients, including business partners and other third parties (e.g., Nielsen);
- Accumulating and reporting aggregate, statistical information in connection with the Services and user activity;
- Enhancing and improving the Services and display advertising, marketing and promotional information and content;
- Saving certain Additional Information for use on your return visits to the Services; and
- Other purposes disclosed at the time you provide us with the Additional Information or which are reasonably necessary to provide the Service.
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.
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 firstname.lastname@example.org 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
6. SHARING AND DISCLOSURE OF INFORMATION
6.1 General Disclosure
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
6.5 Affiliated Media Content Providers
6.6 Additional Disclosures
7. USER CHOICE AND ACCESS
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.
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 email@example.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.
13. CONTACT US
Attn: Privacy, 772 Bryant Street, San Francisco, CA 94107.
14. SOLE STATEMENT
Copyright © 2016 Philo, Inc.