VIDAA USA INC. DATA PROTECTION POLICY

(Last Updated: May 2022)

VIDAA USA Inc. (“we,” “us,” or “our”) is a technology and innovation company whose objective is to build the market-leading Smart TV OS and Content Platform that places the consumer at the center of the experience. 

This Data Protection Policy is provided by VIDAA USA Inc. and describes how we collect, store, use and safeguard your Personal Data when you use our website at https://www.vidaa.com or other sites we own or operate (the “Site”); our mobile/tablet applications (“Apps”); a Device, Application(s) and/or any Smart Services (as defined below); our user account offerings; and through any other websites, pages, features, Materials or other content owned and operated by VIDAA USA Inc. that direct to this Data Protection Policy (collectively, including the Site, Apps, Smart Services, and Materials, the “Services”).

Where required by applicable law, the data Controller or entity responsible for processing your Personal Data pursuant to this Data Protection Policy is:

VIDAA USA Inc.

10775 Bell Road

Duluth, GA 30097

E-mail: privacy@vidaa.com

EU representative for European Economic Area (“EEA”) residents: 

     VERDATA Datenschutz GmbH & Co. KG        

     Roemerstr. 12        

     D – 40476 Duesseldorf        

     Email: vidaa.representative@verdata.eu 

By using our Services, you understand and agree that collection and use of your Personal Data will be made in accordance with this Data Protection Policy.  If you do not feel comfortable with any part of this Data Protection Policy, please discontinue use of the Services or engaging with VIDAA USA Inc. immediately.  

Please note as well that if you are engaging with VIDAA USA Inc. as a user of a Smart TV that runs on our Smart TV operating sytem (“OS“), then you must read and accept our End User License Agreement (“EULA“) through your Device if you wish to enable to smart features on your Smart TV.  The VIDAA EULA may be viewed here: https://www.vidaa.com/privacy.   

CONTENTS

  1. IMPORTANT DEFINITIONS
  2. HOW WE COLLECT YOUR PERSONAL DATA
  3. CATEGORIES OF PERSONAL DATA WE MAY PROCESS
  4. HOW WE USE YOUR PERSONAL DATA
  5. HOW WE SHARE AND DISCLOSE PERSONAL DATA
  6. ENHANCED VIEWING SERVICE AND AUTOMATED CONTENT RECOGNITION
  7. RETENTION
  8. COLLECTION OF CHILDREN’S PERSONAL DATA IS NOT PERMITTED
  9. ACCESS, CORRECTION AND DELETION OF YOUR PERSONAL DATA
  10. COMMUNICATION PREFERENCES
  11. COOKIES AND OTHER TRACKING TECHNOLOGIES
  12. LEGAL BASIS FOR PROCESSING PERSONAL DATA OR SENSITIVE PERSONAL DATA
  13. SECURITY OF THE INFORMATION WE COLLECT
  14. YOUR EEA, U.K., AND SWISS DATA PROTECTION RIGHTS
  15. YOUR CALIFORNIA PRIVACY RIGHTS
  16. SPECIAL INFO FOR CANADIAN CITIZENS
  17. YOUR MEXICO PRIVACY RIGHTS
  18. THIRD PARTY MATERIALS, APPLICATIONS AND ADVERTISEMENTS
  19. BULLETIN BOARDS AND OTHER PUBLIC AREAS
  20. INTERNATIONAL TRANSFER OF INFORMATION
  21. DATA PROTECTION POLICY VERSIONS AND CHANGES
  22. CONTACT US

INTRODUCTION

We are committed to protecting the privacy of all users of our Devices and Services. The purpose of this Data Protection Policy is to inform you about the types of information we gather about you, how we may use that information, and how we disclose it to third parties.  

This Data Protection Policy applies to information about you that is collected by us as set forth herein. 

This Data Protection Policy does not apply to information that you provide directly to, or is collected by, unaffiliated third parties whose Smart Services you access via the Device, which are controlled by such third parties and whose use may be governed by a separate privacy policy and/or terms of use (for example, a channel or app operator that is unaffiliated to us). You should review the applicable privacy policy and/or terms of use of any third party service providers whose Smart Services you access via the Device or Services.

  1. IMPORTANT DEFINITIONS

Adequate Jurisdiction” a jurisdiction that has been formally designated by the European Commission as providing an adequate level of protection for Personal Data.

Application(s)” means an embeddable, downloadable and/or executable software application owned by us or a third party and made available on the Device.

Content” means all audio and visual elements and ideas offered by us or third parties, including but not limited to, data, movies, videos, photographs, software, games, designs, likenesses, artwork, images, music, sound, information and other materials, tangible and intangible, including derivative works, on all media and formats, existing or in future. 

Controller” means the entity that determines the purposes and means of how Personal Data are Processed. 

Data Protection Authority” or “Supervisory Authority” means an independent public authority that is legally tasked with overseeing compliance with applicable data protection laws.

Device” means a Smart TV running on the VIDAA Smart TV OS and through which this Data Protection Policy is made available. 

EEA” means the European Economic Area, the United Kingdom, and Switzerland.

Materials” collectively means any Content, Submitted Content (where applicable and as further defined herein), messaging, blogging, chatting, social networking, information, advertising and/or internet links, etc., accessible or delivered through the Device.

Process”, “Processing” or “Processed” means anything that is done with any Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Sensitive Personal Data” means personal data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number, or any other information that may be deemed to be sensitive under applicable law. Other non- EU jurisdictions, such as Mexico, may define sensitive personal data more generally to include the following: photographs, national origins, or payment records (e.g., credit card numbers, expiration dates, and records of checks.)  

Smart Services” means the access, procurement, disposal, sale, purchase, subscription, lease, rental, consultation or other use of Materials, and all other types of services or functions typically available from the Internet, offered by us or by third parties, through Application(s).

“Submitted Content” means any Content submitted, uploaded or posted by you, on behalf of you, or by other users, on or through your Device or the Smart Services.

  1. HOW WE COLLECT YOUR PERSONAL DATA

VIDAA USA Inc. collects Personal Data when you interact with our Services. The term “Personal Data” refers to any information that identifies or makes an individual identifiable.  The definition of Personal Data (used interchangeably in this Data Protection Policy with the term “Personal Information”) depends on the applicable law based on your physical location. Only the definition that applies to your physical location will apply to you under this Data Protection Policy.

The types of Personal Data that we may collect about you include but are not limited to: information you provide to us, information collected automatically about your use of our Services, and information from third parties. Each category is described below, followed by additional detail about the specific categories of Personal Data we may collect in Section 3.

  1. Information You Voluntarily Provide to Us: The Personal Data we collect on or through our Services may include:

  • Data you provide: We may obtain your name, email address, mailing address or other contact details when you provide it to us (e.g., where you contact customer service via email or telephone, you register for a VIDAA account, you submit a form through our Site or Smart TV Device, or through a newsletter signup). 
  • Relationship data: We may collect or obtain information in the ordinary course of our relationship with you (e.g., your contact information for technical support or fulfilment purposes, or if you purchase a product or service from us, including any Smart Service).
  • Data you make public: We may collect or obtain your Personal Data that you manifestly choose to make public, including via social media (e.g., we may collect information from your social media profile(s), if you make a public post about us).
  • Application data: We may collect or obtain your Personal Data when you download or use any Applications, including your username, device ID or other technical identifiers. 
  • Submitted Content: We may collect or obtain your Personal Data when you provide any Submitted Content.
  • Site data: We may collect or obtain your Personal Data (e.g., IP address, cookie IDs, login information) when you visit any of our Sites or use any features or resources available on or through a Site. 
  • Registration details: We may collect or obtain your Personal Data when you use, or register to use, any Applications or Smart Services. 
  • Content and advertising information: If you choose to interact with any third party Content or advertising in any Applications or Smart Services, we may receive Personal Data about you either directly or from the relevant third party providing that Application or Smart Service. 
  • Promotions and feedback: We may collect or obtain your Personal Data relating to your voluntary participation in a promotion or survey that we may ask you to complete for research purposes.  
  • Payment information: We, or service providers on our behalf, may collect payment card, transaction or financial account information, if you make a purchase online or sign up via order forms. 
  • Job application: We may collect employment- and background-related information provided to us as part of the job application process.  
  • Device permissions:  We may collect information relating to your use of features on our Services that may ask you to grant us access to location information, photos, microphone, video camera, or media on your computer, mobile device or other Device.
  • Third party information: We may collect or obtain your Personal Data from third parties who provide it to us, including third party providers of Applications and Smart Services.

  1. Information from Third Parties:  When you interact with our Services or accounts on a social media platform, we may collect the Personal Data that you or the platform make available to us on that page or account, including your social media account ID and/or user name associated with that social media service, your profile picture, email address, friends list or information about the people and groups you are connected to and how you interact with them, and any information you have made public in connection with that social media service.

The information we obtain depends on your privacy settings on the applicable social media service; we will comply with the privacy policies of the social media platform and we will only collect and store such Personal Data that we are permitted to collect by those social media platforms. When you access our Services through social media channels or when you connect our Services to social media services, you are authorizing us to collect, store, and use such information and content in accordance with this Data Protection Policy.

  1. Information Collected Automatically:  As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

Information About Your Use of the Services: when you browse our Site, our systems automatically collect information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, domain names, referring and exit pages and URLs, platform type, pages viewed and the order of these page views, the amount of time spent on particular pages, and the date and time of your request.

Mobile Device Information: if you access the Services through a mobile device (e.g., a smart phone or tablet), we may be able to identify the general location of your mobile device, your mobile device’s brand, model, operating system, resolution, screen size, system version, mobile network information, and your mobile device’s advertising ID.

Performance Data: information about your preferences to make your use of the Services more productive, via the use of cookies or similar tracking technologies.

  1. CATEGORIES OF PERSONAL DATA WE MAY PROCESS

We may Process the following categories of Personal Data about you to the extent that such processing is strictly necessary or reasonably related to your expected uses in connection with the purposes of processing set out in this Data Protection Policy:

  • Personal details: given name(s); preferred name; nickname and photograph. 
  • Demographic information: gender; date of birth / age; nationality; salutation; title; and language preferences.
  • Contact details: address; telephone number; email address; and details of your public social media profile(s).
  • Purchase details: records of purchases and prices, including purchases made via Smart Services.
  • Payment details: invoice records; payment records; billing address; payment method; bank account number or credit card number; cardholder or accountholder name; card or account security details; card ‘valid from’ date; and card expiry date; payment amount; payment date; and records of cheques.
  • Data relating to Sites, Applications and Smart Services: Device details; settings; IP address; language settings; dates and times; Application usage statistics; Application settings; dates and times of connecting to an Application; location data, and other technical communications information; username; password; security login details; usage data; aggregate statistical information.
  • Content and advertising data: if you have explicitly agreed, records of your interactions with our online advertising and Content, records of advertising and Content displayed on pages or Application screens displayed to you, and any interaction you may have had with such Content or advertising.
  • Views and opinions: any views and opinions that you choose to send to us (e.g., through surveys or polls, feedback forms, or ratings of Applications in third party application stores) or publicly post about us on social media platforms.
  • Cookies and Other Tracking Technologies. At times, the Device or Application(s) or our Services may use “cookies” or other technologies (such as browser cookies, flash cookies, and web beacons).  A “cookie” is a small data file that is placed on the Device and stored locally on the Device.   These technologies help us better understand user behavior, tell us about Smart Services that you have viewed or accessed and help us make your experience with the Device or Application(s) more convenient and customized. Additionally, cookies and other technologies may be used to collect information about your online activities over time and across third-party websites or other services. 

  1. HOW WE USE YOUR PERSONAL DATA

We will only use your Personal Data as described in this Data Protection Policy or as disclosed to you prior to such processing taking place. The purposes for which we may use your Personal Data include:

  • Provision of Services to you: providing Sites, Applications and Smart Services to you; registering your account on your Device; providing you with other products and services that you have requested; providing you with promotional items at your request; and communicating with you in relation to those products and services; operating and managing Sites, Applications and Smart Services; providing Content to you; displaying advertising and other information to you; communicating and interacting with you via Sites, Applications and Smart Services; and notifying you of changes to any Sites, Applications and Smart Services.
  • Operation of the Device: providing and maintaining services in connection with the Device; administering the Device (including Processing any searches or requests for certain Materials, recommending Materials, providing blogs, open forums, discussion pages or personalized features).
  • Communications with you: communicating with you via any means (including via email, telephone, text message, social media, post or in person) news items and other information in which you may be interested, subject to ensuring that such communications are provided to you in compliance with applicable law; maintaining and updating your contact information where appropriate; and obtaining your prior, opt-in consent where required.
  • Communications and IT operations: management of our communications systems; operation of IT security systems; and IT security audits.
  • Financial management: sales; finance; corporate audit; and vendor management. 
  • Surveys and polls: engaging with you for the purposes of obtaining your views on our products and services, including for research purposes.
  • Investigations: detecting, investigating and preventing breaches of policy, and criminal offences, in accordance with applicable law. 
  • Legal proceedings: establishing, exercising and defending legal rights.
  • Legal compliance: compliance with our legal and regulatory obligations under applicable law.
  • Improving our Sites, Applications and Smart Services: identifying issues with Sites, Applications and Smart Services; planning improvements to Sites, Applications and Smart Services; and creating new Sites, Applications and Smart Services.
  • For customization: saving your user account, registration and profile data or other Personal Data (so you do not have to re-enter it each time you visit or use the Device or Services); tracking your return visits to and use of the Services; tailoring your experience on the Services; using information about your viewing history or purchase history to make contextual inferences while using our Services; and/or otherwise customizing what you see when you visit and use the Services;
  • With your consent:  for any other purpose disclosed to you prior to you providing us your Personal Data or which is reasonably necessary to provide the Services or other related products and/or services requested, with your permission or upon your direction.

  1. HOW WE SHARE AND DISCLOSE DATA

There are times where we may share the information described in this Data Protection Policy, and this section describes how we may share such information. Broadly speaking, we will only disclose your Personal Data to the extent that such disclosure is necessary: (i) to provide you with Smart Services you have requested; (ii) for compliance with applicable law; (iii) to establish, exercise or defend our legal rights; or (iv) to the extent necessary in connection with the sale or reorganization of any relevant portion of our business.  Such sharing applies to all of the categories of Personal Data that we collect. 

We may share or disclose your personal information in the following circumstances:

a. Within Our Corporate Organization. We may share your Personal Data with any subsidiaries and affiliates in order to provide you with the Services and take actions based on your request, as well as for the purpose of management and analysis.  

b. Service Providers. We may employ other companies and individuals to facilitate our Services, provide services on our behalf, perform service-related business activities, or assist us in analyzing how our Services are used. These service providers provide us support services such as credit card processing, payment gateways, subscription processing, website hosting, online store platforms, customer relationship management, order fulfillment, email and postal delivery, analytics, surveys, digital rewards, and marketing services. The service providers have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

c. Corporate Transactions. We may disclose Personal Data to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by us about our Services users is among the assets transferred. You agree to and do hereby consent to our assignment or transfer of rights to your Personal Data. 

d. As Required by Law and to Protect Lawful Interests. We may disclose your information if we believe that the disclosure is required by law, if we believe that the disclosure is necessary to enforce our agreements or policies, in response to valid requests by public authorities (e.g., a court or a government agency), or if we believe that the disclosure will help us investigate or prevent crimes (including fraud) or protect the rights, property, or safety of VIDAA USA Inc. or our customers. We may also share your information with our data protection officers, legal counsels and other professional advisors, for the management of our business and for legal compliance purposes.

e. With Your Consent. We may disclose your personal information for any purpose with your consent.

Please note that we may disclose, without restriction, aggregated or anonymized information about the users of our Services, which is information that does not identify any specific individual.

  1. ENHANCED VIEWING SERVICE AND AUTOMATED CONTENT RECOGNITION

VIDAA USA Inc. and our affiliates offer an Enhanced Viewing Service (“EV Service”) that, when activated, improves your sound and video quality based on what you are watching in real time and provides you with useful, interactive features, content recommendations, and personalized advertisements. This is an optional service which you must opt-in to via your Smart TV Device during the initial setup or anytime after within the Device’s settings. 

The EV Service uses Automated Content Recognition (“ACR”) technology, which works by analyzing and matching onscreen audio sounds that come from your Smart TV (such as a TV show’s dialogue or a movie streaming from an app or music playing during a commercial) against an extensive database of programming content. When the content is recognized, we can use this ACR data for content recommendations, advertising, and to automatically optimize your picture quality based on the type of content you are watching (e.g., optimizing the picture mode to watch sports versus a movie).

Through the EV service, we may collect and use data from your Smart TV, including: device and usage information; log data about your use of apps and services; user ID or other identifiers; product registration data; geolocation or information that can be used to derive geolocation; your Smart TV viewing history; behavioral and demographic information; and your general device location (together, “Viewing Data”).  

We may provide this Viewing Data to our advertising partners, such as Tremor Video (https://www.tremorvideo.com/privacy-policy/), to improve advertising relevance, measurement and performance on the Smart TV or on the ad partner’s own network of participating publishers. 

We use and may share this information for the purpose of delivering you the EV Service, device-specific viewing recommendations, and serving relevant advertising.  You may opt-in or opt-out of EV Service at any time through the Smart TV’s “Settings” menu. 

For more information, including details on the technical aspects of the EV Service and ACR data, please see the VIDAA USA Inc. Enhanced Viewing Service Privacy Notice here: https://wwww.vidaa.com/privacy.

  1. RETENTION

We store your Personal Data within the period of your valid consent or the period under the contract between you and us, unless there are other different requirements according to applicable laws. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data or the information you provided to us to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. We will retain your marketing contact information until you unsubscribe from our marketing communications. We will also retain Site, Apps and Device usage data for internal analysis purposes.

  1. COLLECTION OF CHILDREN’S PERSONAL DATA IS NOT PERMITTED

We are committed to protecting the Personal Data of children, and recognize that parents or legal guardians may purchase the Device for family use, including by minors. As such, Smart Services accessed through the Device are not intended for use by individuals under the local adult legal age minimum, and we will not knowingly collect Personal Data from individuals under such age for any purpose, nor will we accept registration from such individuals. In some cases, particularly where information is collected electronically, we may not be able to determine whether information was collected from children under local legal age, and we treat such information as though it were provided by an adult. If we learn that a child under the local legal age has provided any Personal Data, we will use commercially reasonable efforts to delete such information immediately. 

WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR THE USE, OR MISUSE, OF SUCH FEATURES BY CHILDREN IN VIOLATION OF THIS DATA PROTECTION POLICY.

  1. ACCESS, CORRECTION AND DELETION OF YOUR PERSONAL DATA

You have the ability to access, correct, and delete your Personal Data that you shared with us on our Services or through other written or oral means.  We are committed so that your Personal Data is kept accurate and up to date. However, it is up to you to update it with any changes. In most cases, you can review and submit changes to your Personal Data by logging into your VIDAA account and visiting your account profile page. You may also notify us via the information in the “Contact Us” section below to request access to, or to correct any Personal Data that you have provided to us. We may not accommodate a request to delete or change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you no longer wish to have your Personal Data processed, you may request to delete your account (username and password), subject to certain limitations, by contacting us as described below.

Please note that if you would like to deactivate the Smart Services or withdraw your consent, this does not automatically delete all of your Personal Data collected by us or on our behalf.  However, you can delete all of your Personal Data by contacting us or clicking within your Device’s “Settings” menu.

  1. COMMUNICATION PREFERENCES

In order to provide service to you, we may send you communications related to your transactions, security, or the administration of this website. From time to time, we may also send you other messages or updates about VIDAA USA Inc., our website, Smart TV OS, or our other products and offerings. If you do not wish to receive non-transaction communications from us, you may opt-out by clicking the “unsubscribe” link in the communication or by contacting us as specified in the “Contact Us” section below.

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.

By downloading and using our mobile applications, you may receive messages, reminders, offers, news, and information from us within the mobile application itself. These “in app” messages are part of our mobile application’s functionality but can be adjusted using your device or app settings.

  1. COOKIES AND OTHER TRACKING TECHNOLOGIES

We and our third party service providers may use cookies, embedded scripts, software development kits (“SDKs”) and other similar technologies (collectively, “Tracking Technologies”) to collect additional Personal Data automatically as you interact with the Services and to personalize your experience with our Services. We also may use these technologies to collect information about your online activities over time and across third party websites or other online services.

a. Cookies.  Cookies are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the site’s or provider’s system to recognize your browser and remember certain information. We use first-party and third-party cookies for the following purposes:

  • to make our Services function properly;
  • to improve our Services;
  • to make login to our Services easier (such as by remembering your user ID);
  • to recognize you when you return to our Services and to remember information you have already provided;
  • to track your interaction with the Services;
  • to collect information about your activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests;
  • and to provide a secure browsing experience during your use of our Services.

We may place cookies from third-party service providers who may use information about your visits to other websites to target advertisements for products and services available from us. We do not control the types of information collected and stored by these third-party cookies. You should check the third-party’s website for more information on how they use cookies. The following types of cookies are used on our Site:

  • Strictly Necessary Cookies.  These cookies are essential because they enable you to use our Site as you reasonable expect. For example, strictly necessary cookies allow you to access secure areas on our Site and provided necessary security functions. Without these cookies, some Site features cannot be provided. This category of cookies is essential for our Site to work and so they cannot be disabled.
  • Functional or Preference Cookies. We use functional cookies to remember your choices so that we may tailor our Site to provide you with enhanced features and personalized content. For example, these cookies can be used to remember your name or preferences on our Site. While these cookies can be disabled, this may result in less functionality during your use of our Site.
  • Performance or Analytic Cookies. These cookies collect passive information about how you use our Site, including webpages you visit and links you click. We use the information collected by such cookies to improve and optimize our Site. You can disable these cookies.
  • Advertising or Targeting Cookies. These cookies are used to make advertising messages more relevant to you. They may perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting ads that are based on your inferred interests. Our third-party advertising partners may use these cookies to build a profile of your interests and deliver relevant ads on other sites. You may disable the use of these cookies as noted below.

b. Your Choices. Your browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. You can exercise your preferences in relation to cookies served on our Site by taking the steps outlined below.

  • First-Party Cookies. You can use the browser with which you are viewing this Site to enable, disable or delete cookies. To do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” settings). Please note, if you set your browser to disable cookies, you may not be able to access secure areas of the Site. Also, if you disable cookies other parts of the Site may not work properly. You can find more information about how to change your browser cookie settings at http://www.allaboutcookies.org.
  • Third-Party Cookies. Many advertising companies that collect information for interest-based advertising are members of the Digital Advertising Alliance (DAA) or the Network Advertising Initiative (NAI), both of which maintain websites where people can opt out of interest-based advertising from their members. To opt-out of website interest-based advertising provided by each organization’s respective participating companies, visit the DAA’s opt-out portal available at http://optout.aboutads.info/, or visit the NAI’s opt-out portal available at http://optout.networkadvertising.org/?c=1.

Residents of the European Union may opt-out of online behavioral advertising served by the European Interactive Digital Advertising Alliance’s participating member organizations by visiting https://www.youronlinechoices.eu/.

To opt-out of data collection for interest-based advertising across mobile applications by participating companies, download the DAA’s AppChoices mobile application opt-out offering here:  https://youradchoices.com/appchoices.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. In addition, most web browsers provide help pages relating to setting cookie preferences. More information may be found for the following browsers here:

c. Behavioral Remarketing. We also use remarketing services to advertise on third-party websites to you after you visited our Site or services. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service. We use Google Ads for these purposes. Google Ads remarketing service is provided by Google. You can opt-out of this by visiting the Google Ads Settings page: http://www.google.com/settings/ads. 

e. Other Tracking Technologies. To see how our Site is performing we sometimes use conversion beacons, tags, scripts and pixels, which fire a short line of code to tell us when you have clicked on a particular button or reached a particular page.  We also use these tracking technologies to analyze usage patterns of our Services.  The use of these technologies allows us to record that a particular device, browser, or application has visited a particular webpage.

f. Cross-Device Use. We and our third party service providers, including Google, may use the information that we collect about you (whether directly from our Site, from our mobile applications, through your device(s), or from a third party) to help us and our third party service providers identify other devices that you use (e.g., a mobile phone, tablet, other computer, etc.). We, and our third party service providers also may use the cross-device use and other information we learn about you to serve targeted advertising on your devices and to send you emails. To opt-out of cross-device advertising, you may follow the instructions set forth in the Third Party Ad Networks section below. Please note: if you opt-out of these targeted advertising cookies, your opt-out will be specific to the web browser, app, or device from which you accessed the opt-out. If you use multiple devices or web browsers, you will need to opt-out each browser or device that you use.

g. Do Not Track. Certain country/state/province laws require that we indicate whether we honor “Do Not Track” settings in your browser concerning targeted advertising. Since uniform standards for “DNT” signals have not been adopted, our Site does not currently process or respond to “DNT” signals.

h. Location-Based Services. If you enable location-based services on your computer or mobile device in connection with your use of the Services, you expressly consent to us collecting the geolocation (which may include specific longitude and latitude) of your device. This information will be used as set forth in this Data Protection Policy, including to provide specific advertising content or messages based on your location.

  1. LEGAL BASIS FOR PROCESSING PERSONAL DATA OR SENSITIVE PERSONAL DATA

Where required by applicable law, in Processing your Personal Data in connection with the purposes set out in this Data Protection Policy, we may rely on one or more of the following legal bases, depending on the circumstances: 

  • Consent: We may Process your Personal Data where we have obtained your prior, express consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way);
  • Contractual necessity: We may Process your Personal Data where the Processing is necessary in connection with any contract that you enter or may enter into with us; 
  • Compliance with applicable law or a legal obligation to which we are subject: We may Process your Personal Data where the Processing is required by applicable law;
  • Legitimate interests:  We may Process your Personal Data when necessary for the purposes of our legitimate interests, provided that your interests and fundamental data protection rights are not overridden.

We do not seek to collect or otherwise Process your Sensitive Personal Data in the ordinary course of our business. We ask that you not provide us with any Sensitive Personal Data.  However, in situations where it becomes necessary to Process your Sensitive Personal Data for any reason, we rely on one of the following legal bases: 

  • Compliance with applicable law: We may Process your Sensitive Personal Data where the Processing is required or permitted by applicable law; 
  • Detection and prevention of crime: We may Process your Sensitive Personal Data where the Processing is necessary for the detection or prevention of crime (including the prevention of fraud); 
  • Establishment, exercise or defence of legal rights: We may Process your Sensitive Personal Data where the Processing is necessary for the establishment, exercise or defence of legal rights; or

Explicit Consent: We may Process your Sensitive Personal Data where we have, in accordance with applicable law, obtained your prior, express consent prior to Processing your Sensitive Personal Data (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way). 

  1. SECURITY OF THE INFORMATION WE COLLECT

We maintain physical, administrative, technical and organizational safeguards designed to maintain the confidentiality and security of your Personal Data.  Unfortunately, the transmission of information via the Internet is not completely secure.  Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted through use of the Device and the Smart Services.  Any transmission of Personal Data is at your own risk.  We are not responsible for circumvention of any privacy settings or security measures for the Device or the Smart Services. The safety and security of your information also depends on you. Where you have chosen a password for access to certain parts of our Services, you are responsible for keeping this password confidential. You should not share your password with anyone.

  1. YOUR EEA, U.K., AND SWISS DATA PROTECTION RIGHTS

This section provides general information about how VIDAA USA Inc. collects, stores, uses, transfers and otherwise processes personal data in or from certain countries in the European Economic Area, the United Kingdom, and Switzerland (together, for purposes of this section of the Privacy Policy, “EEA”), in accordance with the General Data Protection Regulation (“GDPR”) and its local implementations. 

a. Transfers.  Please be aware that the Services and their servers may be operated outside of the EEA, such that your information, including your Personal Data, may be transferred to, processed, maintained, accessed or used on computers, servers and systems where the privacy laws may not be as protective as those in your jurisdiction (i.e., to a non-Adequate Jurisdiction). If you choose to use our Services, you hereby irrevocably and unconditionally consent to such transfer, processing and use of your information outside of the EEA.  If you do not wish for your information to be transferred to, processed, or maintained outside of the country or jurisdiction where you are located, you should immediately cease accessing our Services. When we transfer or receive personal data from the EEA, we do so pursuant to appropriate safeguards or your explicit consent under GDPR Article 49.  

b.  EEA Data Subject Rights.  Subject to applicable law, you have a number of rights regarding the Processing of your Personal Data of which we are a Controller, including:

  • the right not to provide your Personal Data to us (however, please note that we may be unable to provide you with the full benefit of any Sites, Applications and Smart Services you request, if you do not provide us with your Personal Data – e.g., we may not be able to Process your orders without the necessary details);
  • the right to request access to, or copies of, your Personal Data, together with information regarding the nature, Processing and disclosure of those Personal Data;
  • the right to request rectification of any inaccuracies in your Personal Data;
  • the right to request:
    • erasure of your Personal Data; or
    • restriction of Processing of your Personal Data;
  • the right to object, to the Processing of your Personal Data by us or on our behalf; 
  • the right to have certain Personal Data transferred to another Controller, in a structured, commonly used and machine-readable format, to the extent applicable; and
  • the right to lodge complaints with a Data Protection Authority regarding the Processing of your Personal Data by us or on our behalf.

You also have the right, for reasons arising out of your particular situation, at any time to withdraw your consent for the processing of the data concerned, based on GDPR Art. 6. para 1(f).  In this case, we will no longer process the data concerning you, unless we can prove compelling reasons of protection for the processing that outweigh your interests, rights and freedoms, or processing is for the purpose of asserting, exercising or defending legal claims.

If the data in question is processed for direct advertising, you have the right to object at any time to the processing of such data for the purpose of such advertising. If you oppose processing for direct advertising purposes, this data will no longer be processed for this purpose.  This does not affect your statutory rights. 

If you would like to exercise any of these rights, please contact us at privacy@vidaa.com or our EU representative:

     VERDATA Datenschutz GmbH & Co. KG        

       Roemerstr. 12        

       D – 40476 Duesseldorf        

       Email: vidaa.representative@verdata.eu

If you assert any of these rights, we will make reasonable efforts to do so within one (1) month or, to the extent permitted by applicable law, as soon as reasonably practicable. 

We reserve the right to refuse to Process data removal requests that are impractical or jeopardize the privacy of others.  The refusal to Process Personal Data removal shall be justified under the applicable legislation. 

All users of the Device are required to provide true, current, complete and accurate Personal Data when prompted, and we will reject and delete any entry that we believe in good faith to be incorrect, false, falsified, or fraudulent, or inconsistent with or in violation of the Data Protection Policy.

c. Retention.  As a general rule, we keep your Personal Data for only as long as it is needed to complete the purpose for which it was collected or as required by law. We may need to keep your data for longer than our specified retention periods to honor your requests, including to continue keeping you opted out of marketing emails, or to comply with legal, regulatory, accounting or other obligations.

d. Complaints. If you have any issues with our compliance, you have the right to lodge a complaint with an EEA supervisory authority (link). We would, however, appreciate the opportunity to first address your concerns and would welcome you directing an inquiry first to us per the “Contact Us” section below.

  1. YOUR CALIFORNIA PRIVACY RIGHTS

a. Data Subject Rights – California Residents. This portion of our Data Protection Policy advises California residents of the applicable rights as provided in the California Consumer Privacy Act (“CCPA”), and its successor the California Privacy Rights Act (“CPRA”) as of January 1, 2023, and how to effectuate these rights by communicating with us. Please note, we will seek to verify your identity when we receive an individual rights request from you in order to ensure the security of your Personal Information. 

If a California resident wishes to make any of the requests described below, such as access and deletion, he or she may contact us as provided in the “Contact Us” section below. You may be able to exercise some of the below rights, such as access and deletion, by using the management features available in your account. You may authorize an agent to make such a request on your behalf. We will seek to verify your identity and your agent’s authority when we receive an individual rights request from you or on your behalf to ensure the security of your Personal Information, and may need to collect additional Personal Information to do so.

b. Right to Deletion of Personal Information. California residents have the right to request the deletion of Personal Information as prescribed in Section 1798.105(a) of the CCPA and CPRA. We may not delete some or all Personal Information if such Personal Information is necessary for us, or our service providers or affiliates, to:

  • Complete the transaction for which the Personal Information was collected, provide a good or service requested by the consumer, or reasonably anticipated within the context of our ongoing business relationship with the consumer, or otherwise perform a contract between us and the consumer,
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity,
  • Debug to identify and repair errors that impair existing intended functionality,
  • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law, 
  • Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code,
  • Enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with us,
  • Comply with a legal obligation, or
  • Otherwise use the consumer’s Personal Information, internally, in a lawful manner that is compatible with the context in which the consumer provided the Personal Information.

c. Right of Access and Data Portability: Right to Request Disclosure of Data Collection and Sharing Practices.  You may request to receive details about how we collect, use, and share your Personal Information.  Specifically, you may request to receive the specific pieces of information that we have collected about you by contacting us as provided in the “Contact Us” section below. If you do so, we may need to collect additional Personal Information and other information, including name, email address, zip code, product purchase location, phone number (which you may choose not to provide), product model number and serial number to verify your identity. The same process applies to requests for the deletion of Personal Information described above. 

You may also request to receive:

  • the categories of Personal Information that we have collected about you, 
  • the categories of Personal Information that we have disclosed for a business purpose, 
  • the categories of sources from which we collected the Personal Information,
  • our purposes for collecting that Personal Information, and
  • the categories of parties with whom we share your Personal Information.

d. Right to Opt-Out of Sale. You have a right to direct us not to sell your Personal Information. In the preceding twelve months we have not sold your Personal Information, as that term is generally understood, but we recognize that the CCPA/CPRA defines “personal information” in such a way that making available identifiers linked to you for a benefit may be considered a “sale.” 

If you would like to exercise that right in relation to our use of cookies, software development kits, or other tracking technologies, please click “Do Not Sell My Personal Information” within the settings menu of your Smart TV Device or Service. Alternatively, you may direct us to not to sell your Personal Information as provided in the Contact Us section below. In addition, California consumers may also use the Digital Advertising Alliance’s tool to send requests under the CCPA for a web browser to opt out of the sale of Personal Information by some or all of that framework’s participating companies by accessing the DAA’s tool here: https://www.privacyrights.info/, or by downloading the DAA’s AppChoices mobile application opt-out here:  https://www.privacyrights.info/appchoices.

e. Right to not be Discriminated Against for Exercising CCPA Rights. We do not discriminate against you for exercising any CCPA rights, such as the access and deletion rights described above. If we choose to offer a product enhancement or financial incentive that is contingent on you sharing Personal Information, we will first notify you and obtain your opt-in permission, and ensure that the value provided to us by that collection is reasonably related to the value of the product enhancement or financial incentive.  

  1. SPECIAL INFO FOR CANADIAN CITIZENS

a. Consent.  We will obtain your consent to collect, use or disclose Personal Information except where we ‎are ‎‎authorized or required by law to do so without consent. For example, we may collect, use or ‎disclose ‎‎Personal Information without your knowledge or consent where: the information is ‎publicly available, as ‎‎defined by statute or regulation; we are obtaining legal advice; or we ‎reasonably expect that obtaining ‎‎consent would compromise an investigation or proceeding. ‎Other exceptions may apply.‎

Your consent can be express, implied or given through an authorized representative.‎ Consent may be provided orally, in writing, electronically, through inaction (such as when you ‎do not ‎‎notify us that you do not wish your Personal Information collected/used/disclosed for ‎various purposes ‎‎after you have received notice of those purposes) or otherwise.‎

You may withdraw consent at any time, subject to legal, contractual and other restrictions, ‎provided that ‎‎you give us reasonable notice of your withdrawal of consent. If you notify us that ‎you withdraw consent, ‎‎we will inform you of the likely consequences of that withdrawal, which ‎may include our inability to ‎‎provide certain services for which that information is necessary.‎

b. Limits on Collection of Personal Information.  We will not collect Personal Information indiscriminately but will limit collection of ‎Personal ‎Information to ‎that which is reasonable and necessary.  We will also collect ‎Personal ‎Information as authorized by law.

c. Limits for Using, Disclosing, and Retaining Personal Information.  Your Personal Information will only be used or disclosed for the purposes set out above ‎and as ‎authorized ‎by law.‎

We will keep your Personal Information for as long as necessary in connection with the ‎‎‎purposes ‎identified above or as permitted or required by law. You must notify us if you no ‎‎longer want us to retain ‎your information.‎

We will destroy, erase or make anonymous documents or other records containing Personal ‎‎Information ‎‎as soon as it is reasonable to assume that the original purpose is no longer being ‎‎served by retaining ‎the ‎information and retention is no longer necessary for a legal or business ‎‎purpose. We will take due ‎care ‎when destroying Personal Information so as to prevent ‎‎unauthorized access to the information.‎

d. Location of Service Providers, Hosting and Servers. Our service providers may be located outside of the country in which you are located, and our ‎servers ‎‎are currently located in the United States of America. You therefore acknowledge that ‎your Personal Information may be processed and stored in foreign jurisdictions and that ‎governments, courts, law ‎‎enforcement or government or regulatory agencies in the USA, ‎Canada and elsewhere may be able to ‎‎access or obtain disclosure of your Personal Information ‎under a lawful order or otherwise through the ‎‎laws of the applicable jurisdiction, irrespective of ‎the safeguards we have put in place for the protection of ‎‎your Personal Information.‎

e. Access to my Personal Information. You may modify Personal Information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site or Application for a period of time.

Also, upon written request and authentication of identity, we will provide you with your other ‎ Personal Information under our control, information about the ways in which that information is ‎being used and ‎a ‎description of the individuals and organizations to whom that information has ‎been disclosed. We ‎will ‎make the information available within 30 days or provide written ‎notice where additional time is ‎‎required to fulfil the request.‎

In some situations, we may not be able to provide access to certain Personal Information. This ‎may be ‎‎the case where, for example, disclosure would reveal Personal Information about ‎another individual, the ‎‎ Personal Information is protected by solicitor/client privilege, the ‎information was collected for the ‎‎purpose of an investigation or where disclosure of the ‎information would reveal confidential ‎commercial ‎information that, if disclosed, could harm ‎our competitive position. We may also be ‎prevented by law ‎from providing access to certain ‎ Personal Information . When an access request is ‎refused, we will notify ‎you in writing, ‎document the reasons for refusal and outline further steps which ‎are available to you.‎

f. Amendment to my Personal Information. Requests to modify any information that exists in Provider notes, may be submitted toprivacy@vidaa.com. Please allow up to thirty (30) days for us to process and respond to your request.

g. Limitations on Deletion of Information. You may request deletion of your Personal Information by us, however, we may be required (by law or otherwise) to keep this information and not delete it. When we delete Personal Information, it will be deleted from the Site and the Application’s active database, but your Personal Information may remain in our archives. If we disclose some of your Personal Information to third parties, we may no longer have access to that Personal Information and cannot force the deletion or modification of any such information by those third parties. After we delete Personal Information, we may retain de-identified information, and will continue to use the information as permitted under this Privacy Policy.

h. Accuracy. We will make a reasonable effort to ensure that Personal Information we are using or disclosing ‎is ‎‎accurate and complete. In most cases, we rely on you to ensure that your information is ‎current, ‎‎complete and accurate.‎

If you demonstrate the inaccuracy or incompleteness of Personal Information, we will amend ‎the ‎‎information as required. If appropriate, we will send the amended information to third ‎parties to whom ‎‎the information has been disclosed. When a challenge regarding the accuracy ‎of personal information ‎is ‎not resolved to your satisfaction, we will annotate the personal ‎information under its control with a ‎note ‎that the correction was requested but not made.‎

i. What choices do I have regarding use of my Personal Information?  We may send periodic promotional emails to you. You may opt-out of promotional emails by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests.  If you opt-out of receiving promotional emails, we may still send you emails about your account or any services you have requested or received from us.

You may also withdraw your consent to our collections, uses and disclosures of your ‎information at any ‎‎time, subject to legal, contractual and other restrictions, provided that you ‎give reasonable notice of ‎‎withdrawal of consent to us.  On receipt of notice of withdrawal of ‎consent, we will inform you of the ‎‎likely consequences of the withdrawal of consent, which ‎may include our inability to provide certain ‎‎services for which that information is necessary.‎

  1. YOUR MEXICO PRIVACY RIGHTS

You have the right to (i) access your Personal Data; (ii) rectify your Personal Data, if they are inaccurate or incomplete; (iii) cancel your Personal Data; and (iv) oppose the use of your Personal Data for specific purposes (jointly, the “ARCO Rights“). In case you wish to exercise any of the ARCO Rights, please send an email to the account  privacy@vidaa.com, which must contain, at least, the following information:

  • Full name and email address or address, in order to communicate the response to your request.
  • The documents that prove your identity, or if applicable, that of your legal representative.
  • A clear description of the Personal Data with respect to which you seek to exercise any of the ARCO Rights.
  • Any other element or document that facilitates the location of Personal Data.

If required, we may request additional information. The response to your request will be communicated to you within the following 15 (fifteen) business days and, if it is appropriate, it will be implemented within a maximum period of 20 (twenty) business days.

a. How can you revoke your consent to the use of your Personal Data? You can revoke the consent that, in your case, you have given us for the processing of your Personal Data . However, it is important that you bear in mind that not in all cases we will be able to respond to your request or terminate the use immediately, since it is possible that due to some legal obligation, we will need to continue processing your personal data. Likewise, you should consider that for certain purposes, the revocation of your consent will imply that we cannot continue to provide the service you requested, or the conclusion of your relationship with us.

To revoke your consent, you must submit your request at privacy@vidaa.com.

To know the procedure and requirements for the revocation of consent, you can contact us at privacy@vidaa.com.

b. How can you limit the use or disclosure of your Personal Data?  In order for you to limit the use and disclosure of your Personal Data, we offer you the following means:

Your registration in the Public Registry to Avoid Advertising (Registro Público para Evitar Publicidad), which is in charge of the Federal Consumer Prosecutor’s Office (Procuraduría Federal del Consumidor), so that your personal data is not used to receive advertising or promotions from goods or services companies. For more information about this registry, you can consult the PROFECO Internet portal, or you can contact it directly.

Your registration in our exclusion list, so that your personal data is not processed for marketing, advertising or commercial prospecting purposes by us. For more information, you can contact us at privacy@vidaa.com.

Non-conformity or complaint to the INAI

If you consider that your right to the protection of Personal Data has been damaged by any conduct or omission on the part of the Data Controller, or you presume any violation of the provisions set forth in the Law, its Regulations and other applicable regulations, you may file your disagreement or complaint before the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI). For more information, we suggest you visit their official website: www.inai.org.mx.

  1. THIRD PARTY MATERIALS, APPLICATIONS AND ADVERTISEMENTS

Third parties who offer Applications or Materials on a Smart TV Device may collect Personal Data when you access their Application(s) and Materials. We are not responsible for the data collection and privacy practices employed by such third parties or their services, and they may be collecting data about you and may be sharing it with us and/or others.  These third parties and their services may also track you across sites and time, serve you their own advertisements (including interest-based advertisements) and may or may not have their own published privacy policies.  

In addition, when you are using the Smart TV Device you may be directed to other services that are operated and controlled by third parties that we do not control.  For example, if you browse the Internet and “click” on a link on a website, the link may take you to a different website.  We encourage you to note when you access a new website or Application and to review the privacy policies of all third-party locations and exercise caution in connection with them.  We are not responsible for the availability, completeness or accuracy of such third parties’ policies or notices.

  1. BULLETIN BOARDS AND OTHER PUBLIC AREAS

We may offer bulletin boards or other public functions on the Device and/or Smart Services, and any posting by you in these areas is considered public information that is available to other users.  We do not control, and are not responsible for, the actions of other users of the Device and/or Smart Services with respect to any information you post in public areas.  In addition, information that you submit to public areas may be collected and used by others to send you unsolicited messages and for other purposes.  Any posting in bulletin boards and public areas on the Device are governed by the EULA for the Device or the terms and conditions of the applicable third parties web sites.  Portions of your user profile may also be available to other users, and you should take care to not use Personal Data in your user name or other information that might be publicly available to other users. 

  1. INTERNATIONAL TRANSFER OF INFORMATION

We may transfer and store Personal Data you provide to us in connection with your use of the Device on servers located in United States of America, and our processor located in People’s Republic of China.  

If you are based in EEA or you are EEA residents: We comply with the data protection requirements of the EEA with regard to the collection, use, transmission, storage and other processing of personal data from the EEA. All transfers of personal data to a third country are subject to appropriate guarantees as described in Art. 46 para. 2 c) GDPR (Standard Contract Clauses) and such transfers and guarantees are documented in accordance with Art. 30 para. 2 GDPR. On request, the supporting documentation can be requested by contacting us at privacy@vidaa.com

  1. DATA PROTECTION POLICY VERSIONS AND CHANGES

We reserve the right to change this Data Protection Policy at any time or for any reason.  If we make any material changes, we will post the updated Data Protection Policy on this page with a “Last Updated” effective date of the revisions.  This Data Protection Policy will remain in full force and effect as long as you are a user of the Device or our Services, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.  We encourage you to look for updates and changes to this Data Protection Policy by checking this page when you access our Services. If you have any questions about this policy, please reach out anytime as described in the “Contact Us” section below.

  1. CONTACT US

Please direct any questions you may have regarding your data protection or requests to exercise applicable rights described in this Data Protection Policy to our email at privacy@vidaa.com.  

If you are based in EEA or EEA residents contact us at privacy@vidaa.com, you may also contact our EU representative: 

       VERDATA Datenschutz GmbH & Co. KG        

       Roemerstr. 12        

       D – 40476 Duesseldorf        

       Email: vidaa.representative@verdata.eu

For Australian residents, we will review your complaint and endeavor to respond to you as soon as possible. If you are unhappy with our response to your complaint, you have the right to make a complaint to the OAIC. Details of how to contact the OAIC are provided on its website at www.oaic.gov.au.

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