swifTV App Privacy Policy

Effective Date: June 17, 2022

Alphonso Inc., which does business under the name LG Ads Solutions, provides the swifTV App allowing users to stream free, ad-supported movies and other video entertainment. . The collection, analysis, use and reporting of data collected from the swifTV App (and any information collected from other sources that is combined with the swifTV App data), in connection with providing or facilitating provision of video content and advertising, is collectively referred to in this Policy as the “Service”.

This swifTV App Privacy Policy (the “Policy”) explains how Alphonso collects, uses and shares information in connection with the Service, based on relevant privacy laws.

To what information does this Policy apply?

This Policy is intended to apply to personal information that is collected, used or shared in connection with the Service. In general, personal information is any information about an identifiable individual, including personal identifiers (such as government or customer IDs) and contact information (such as an individual’s home address, telephone number, or email address). However, for the purposes of the Service, only the information listed below is collected; the Service does not collect names, addresses or telephone numbers.

This Policy does not apply to anonymous information – which is information where there is no serious possibility that an individual could be identified through the use of that information, directly or indirectly, alone or in combination with other information. This Policy also does not apply to information that Alphonso collects or processes in connection with its activities other than the Service, such as data collected about users who visit the Alphonso.tv or lgads.tv websites, as those sites have their own privacy policies.

Consent

Your initial and continued use of the Service Smart TV constitutes your understanding and agreement to this Policy and the Applicable Terms of Service. You may opt-out of the Service at any time by uninstalling the XX App, although Alphonso retains the right to use any data collected prior to your- opt-out unless such use is otherwise precluded as set out below. To learn about how you can control our use and sharing of information we collect, or to withdraw consent that you previously provided, please see the “Your Choices” section below.

Information Collected

The Service may also collect automatically-generated and technical information (the “Collected Information”) which may include:

Type, make and model of your device;
Operating system type and version of your device;
Technical details relating to the device (including things like the kind of computer chip being used by the device, the language being used by the device, input method, software version, configuration details, audio sample rate, and the size or resolution of the device’s screen);
Timing of content played through the swifTV App on your Smart TV (e.g., start and end time, duration of content played on Smart TV), and your interaction with such content (e.g., play, stop, pause, click etc.);
Smart TV device identifiers (including device ID, IP address, MAC address and/or device name);
Location information, including country code and postal code of the region where the device is set up;
Advertising ID; and
Viewing Data, as explained below.

Viewing Data is information (including title; date, time and duration of the watched content; and favorites) from the content played through the swifTV App (“Viewing Data”). We collect this Viewing Data to determine the content you have played, including the programs and the advertisements you appear to have seen. While the Service does collect device identifiers that are associated with your Viewing Data, your Viewing Data is never associated with your name, postal address, or email by Alphonso. Importantly, the Service also does not collect or record human conversation, ambient sounds, or any audio or video content in the area where the device is located, which is not played on the device itself.

Alphonso may receive outside data such as demographic information (e.g., age and income information), information on lifestyle propensities and loyalty factors, and information about your household’s interests, from third party data brokers, data licensing companies, device graph companies, demand side platforms, and Alphonso’s advertising Clients, where permitted by applicable law (including with your consent, express or implied, as allowed by applicable law) and subject to entering into appropriate contractual arrangements with such third parties.

Information received from third parties and location information collected from WiFi networks is combined with the Viewing Data, and other information we collect from your device. In addition, Alphonso may collect or create information about you or your household that is derived or inferred from the information described above, including information regarding your preferences, lifestyle and viewing habits.

Purposes: Use & Sharing of Information

The information collected in connection with the Services is accessible to employees at Alphonso who have a need to know such information to perform their job duties.

Alphonso may share such information with Service Providers, Data Partners and Clients, each as defined below.

Service Providers receive Viewing Data and other information that Alphonso collects for the purpose of providing services to Alphonso related to the Service (“Service Providers”). Such Service Providers are contractually limited in how they are allowed to use any such information. Alphonso currently uses a Service Provider to store data on its behalf, but Alphonso reserves the right to change its Service Providers or add new Service Providers at any time, in its sole discretion.

Data Partners may include data brokers, data licensing companies, device graph companies, data matching companies, and marketing analytics companies (“Data Partners”). Where permitted by applicable law (including with your consent), Alphonso may share Viewing Data and device identifiers with Data Partners. Data Partners are able to use any data shared with them by Alphonso to create products that will be sold or otherwise shared with their own clients, including to generate reports analyzing user trends and behaviors as well as provide advertising services to their clients. Data Partners are allowed to keep the information shared with them for however long they need it, but they will be contractually required to ensure that none of the products they provide to their clients will include any personal information that can be used to identify you. Additionally, Data Partners will generally be required to contractually agree to delete data related to any particular individual in response to a request received from the individual by either the Data Partner or Alphonso, in accordance with any applicable privacy law or regulation.

Clients include third parties that Alphonso provides services to, including data analytics services / reports and advertising services (“Clients”). Clients only receive Viewing Data in aggregated or anonymized form. They are able to use such data however they like, and can keep the data for however long they choose. But, again, none of that data is identifiable to an individual.

Alphonso uses and shares the information it collects in connection with the Service, including Viewing Data, for the purposes of:

Delivering marketing and advertising materials on our behalf, and for other third parties (including Clients and affiliates), that we believe are relevant to you, to your device (See below under “Interest-Based Advertising” for more information);
Providing or facilitating provision of services, including offering recommendations to you about programing content on your device we believe you may enjoy;
Generating viewer analytics data and reports;
Performing other marketing services for our Clients (e.g., analyzing the effectiveness of the Client’s advertising campaign); and
For other purposes with your consent (express or implied, in accordance with applicable laws).

Without limiting the above, Alphonso uses artificial intelligence and machine learning to analyze the data that it collects, and to match Viewing Data against a database of publicly available content (i.e., tv shows, ads, movies, video games), for the purposes described above.

Alphonso also uses the various types of information it collects as required to comply with any relevant legal requirements, and for certain internal business purposes such as:

To maintain, evaluate and improve the Service and Alphonso’s other products and services, improve your user experience, and develop new products and services;
To provide customer service, and communicate with and market to our customers;
To monitor and enforce our terms of use; and
For such other purposes as may be permitted by applicable law.

In addition to sharing information with Service Providers, Data Partners and Clients, as described above, Alphonso may disclose the information that it collects with other third parties where required or permitted by applicable law, including (without limitation):

As part of a corporate sale, merger, acquisition, or other transfer of all or part of our assets, including as part of a bankruptcy proceeding;
As required pursuant to applicable law or legal requirement, including (without limitation), pursuant to a subpoena, court order, or other legal process or as otherwise required by law
To protect our rights, or the rights of third parties; and/or
Where you have provided consent to such disclosure.

Your Choices

The Service

You opt-in to the Service by downloading and using the Service. If you choose to opt-in to the Service, you consent to our collection and use of the information described above under “Information Collected”, including Viewing Data, for the purposes described above, including (without limitation) to receive customized advertising on your device.

If you have provided consent to the collection, use and disclosure of your information, you can withdraw such consent at any time, subject to any requirements and limitation under applicable law. More particularly, you can withdraw consent to any further collection of your information by uninstalling the swifTV App.

Please note that Alphonso and the third parties described above may continue to use information collected prior to your withdrawal of consent, unless you contact us to advise otherwise.

Interest-Based Advertising

Interest-based advertising is generally defined as the use of cookies, web beacons, device IDs, and other technologies to collect information about how certain services are used. To the extent, as outlined above, that Alphonso uses any of these methods to collect data, Alphonso adheres to the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Principles regarding interest-based advertising.

To make choices about interest-based advertising on a mobile device, you can download the version of AppChoices for your device via www.youradchoices.com/appchoices.

If you choose to opt-out of interest-based advertising through the tools described above, we will stop using data from that device for interest-based advertising on that mobile device.

Children

Alphonso will not knowingly collect personally identifiable or other information from children under the age of 13 (or an age set by local law in a jurisdiction where we offer our Services). Where information is collected electronically, Alphonso may not be able to determine whether information was collected from someone under the age of 13, and such information is treated as if it had been collected from an adult. If we become aware that a person under 13 has provided information, Alphonso will take steps to remove such information and terminate that individual’s access and use of the Service.

Security

Risks and Consequences

The information that Alphonso collects about you may be used to create a profile of you, your interests, and your viewing habits and preferences, including for marketing purposes.

Further, the information collected by Alphonso is generally handled in such a way that it cannot distinguish between you and members of your household or visitors. Please be aware that this means that if other members of your household or visitors to your household use your Smart TV we may not be able to distinguish you and your personal information from such other persons, and those other individuals may be able to see information (including some personal information) you have generated through use of the Service.

Alphonso takes reasonable physical, technical, and administrative steps to help maintain information we collect, store, and use in a secure manner. These steps include the hashing (or other encryption) of data, along with limitations on who is allowed to access any personal information that we collect. However, online transmission and storage of data is never 100% secure. It is possible that such data could be intercepted or accessed by unauthorized third parties, despite the steps taken by Alphonso to prevent this from occurring.

International Transfer

If you use the Services outside of the United States, we may transfer information from that jurisdiction to the United States, where data protection regulations may not offer the same level of protection. If you use our services in the European Union we will transfer data to the United States subject to standard contractual clauses.

Data Retention

Alphonso retains data we collect through the Service only as long as it is needed to provide our services or for our use for our legitimate interest such as accounting and legal compliance After this time has passed, that data is deleted or de-identified.

Consumer Privacy for California Users

The processing of certain personal data about California residents may be subject to the California Consumer Privacy Act (“CCPA”) and other applicable California state privacy laws, including California Civil Code Section 1798.83 (the “Shine the Light” law). These privacy laws give you certain rights with respect to the processing of your personal information.

Right to Know

One such right is the “Right to Know” the information we have collected about you. Under the CCPA, you have a right to request information about our collection, use, and disclosure of your personal information over the prior 12 months, and ask that we provide you with the following information:

Categories of and specific pieces of personal information we have collected about you.
Categories of sources from which we collect personal information.
Purposes for collecting, using, or selling personal information.
Categories of third parties with which we share personal information.
Categories of personal information disclosed about you for a business purpose.
If applicable, categories of personal information sold about you and the categories of third parties to which the personal information was sold, by category or categories of personal information for each third party to which the personal information was sold.

Right to Delete

Under the CCPA, you also have a right to request – with some exceptions – that we delete personal information we have collected about you.

Right to Opt-Out of the Sale of Personal Information

Under the CCPA, a “sale” means providing to a third party personal information for valuable consideration. You have the right to direct us not to sell any personal information we have collected from you (known under the CCPA as the “right to opt-out”. Importantly, this right under CCPA to opt-out should not be confused with your ability to opt-out of the collection of data through your Smart TV. If you want to opt-out of data collection through your Smart TV, please see the “Your Choices” section above.

Making a Request

You can make a request to opt-out of the sale by us of any personal information we have related to you, you can click on the “Do Not Sell My Personal Information” on the Alphonso website (available at https://choice.alphonso.tv/donotsell) or by sending us an email to the address set out in the “Contact” section below.

For all other CCPA requests, please go to https://choice.alphonso.tv/otherccparequests. Alternatively, you can send us an email to the address set out in the “Contact” section below.

Aside from CCPA, California residents who provide personal information in obtaining products or services from Alphonso are entitled to request and obtain from us, once a calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. For any requests outside of CCPA, please send us an email to the address set out in the “Contact” section below.

Because Alphonso collects such a limited amount of personal data, we may verify incoming requests to make sure that we are only providing data relevant to the person making the request. To verify your request and to associate your request to the data that we have, it is necessary for us to obtain your IP Address (as stated above, IP Address is the only personal information we collect from you, and hence the only way we can associate any data we may have that relates to you). To verify the IP Address, we have created a tool that will send the correct IP Address to us. This tool will also ask for an email address, so that we can respond to you with the information you have requested. This email address will be used for no purpose other than to provide you with the information you have requested.

Household Data

As described above, all data collected by Alphonso is associated with a household, as opposed to an individual, and all data is associated with the IP Address of that household. If any member of the household makes a request pursuant to the guidelines set out above (and, as applicable, properly verified through the verification tool), we will respond to the individual request as if the individual is representing the entire household, and will provide all household data.

Requests Made Through Agents

You may designate, through the use of a proper legal instrument, an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we will need you to verify your identity directly with us, as described above.

Discrimination Based on the Exercise of Rights

While Alphonso would never discriminate against anyone who chooses to exercise their statutory rights, it is important to note that our provision of services to you may be completely related with our ability to collect data. Therefore, if you have asked us to stop collecting data about you, then we may be unable to provide you with services.

Updates

Alphonso reserves the right, at its sole discretion, to update, modify or replace this Policy, in whole or in part, at any time. For any non-material change (for example, if we get a new physical or email address), continued access or use of the Service following such a change constitutes your acceptance of that change. All non-material changes will be listed on the applicable Alphonso Privacy Policy web site. For any material change (for example, if we alter the way we collect, use or share data), you will receive a communication through your device and will be asked to re-Opt-in to the Policy. In that event, if you choose not to re-Opt-In, the Service will no longer be active on your device.

Contact

If you have any questions regarding the Privacy Policy or your dealings with the Service, please contact us in our role as a data controller, at:

Alphonso Inc.
Attn: Privacy Policy
211 Hope Street, Suite 390905
Mountain View, CA 94041 USA
E-mail: info@alphonso.tv