LANGUAGE

English

Alphonso Canada Smart TV Privacy Policy

Effective Date: August 9, 2022

The following policy is intended for users of Smart TVs in Canada.

Alphonso Inc. develops and distributes certain automatic content recognition (ACR) software for set top boxes and smart televisions (“Smart TVs”), which allows Alphonso and its business partners to collect and analyze content played on or through such Smart TVs (e.g., TV shows, advertisements, movies, video games). The collection, analysis, use and reporting of data collected from Smart TVs (and any information collected from other sources that is combined with Smart TV data), connection with providing or facilitating provision of Smart TV services, data analytics and advertising, is collectively referred to in this Policy as the “Service”.

This Alphonso Canada Smart TV Privacy Policy (the “Policy”) explains how Alphonso collects, uses and shares information in connection with the Service, and is based on relevant privacy laws including the Personal Information Protection and Electronic Documents Act (PIPEDA) and any applicable provincial equivalents.

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 website users, which is subject to Alphonso’s website Privacy Policy

You opt-in to the Service through the configuration options on your Smart TV, either during the initial setup or at the time of accepting a software update, or by going back to the settings menu on your Smart TV at any time and selecting the option to opt-in to ACR and/or accept any relevant user agreements (e.g., where applicable, the relevant Viewing Information Agreement and/or Interest-Based Advertisement Agreement). Similarly, you may opt-out of the Service at any time through the settings menu on your Smart TV, by turning off ACR within the settings and/or indicating that you do not agree to any relevant user agreement(s).

If your Smart TV will be used by other members of your household or visitors, you are responsible for informing such persons of the matters addressed in this Policy, and for obtaining their consent to the collection, use and disclosure of their information as described in this Policy. Accordingly, by opting-in to the ACR and accepting any applicable user agreement(s), you are indicating that you are authorized to provide consent for Alphonso to collect, use and share information regarding any person whom you allow to use your Smart TV, and you thereby provide such consent on their behalf.

You have the right to withdraw your consent at any time, subject to certain requirements and restriction pursuant to applicable law. 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. Please note that if you do not provide consent to Alphonso’s collection, use and/or disclosure of some or all your information, or if you choose to withdraw your consent to the use or disclosure of your information for some or all of the purposes described below, we may be unable to provide certain services, the advertising you see on your Smart TV and other devices may be less relevant to you, and/or you may not be able to receive personalized content recommendations on your TV.

Information Collected

The ACR software is designed to analyze how your Smart TV is being used, and more specifically, to analyze the programming, advertising and other content that is being played on or through the Smart TV. The information collected in connection with the Service includes data collected from your Smart TV and connected devices, as follows:

Type, make and model of your Smart TV and connected devices;
Operating system type and version of your Smart TV and connected devices;
Technical details relating to the Smart TV (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 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.);
The source of the video and/or audio information (which may include the number or name of the channel or program being watched);
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 Smart TV is set up;
Advertising ID; and
Viewing Data, as explained below.

Viewing Data is short snippets of video and/or audio information from the content played on your Smart TV, regardless of the source of the information – e.g., broadcasted television programming, video and audio streaming devices / services, set-top boxes, gaming systems, media players, over the air broadcast, or other audiovisual sources connected to your device (“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 Smart TV is located, which is not played on the Smart TV itself.

Alphonso may also receive outside data such as demographic information (e.g., age and income information), information on lifestyle propensities and loyalty factors, information regarding devices at the same IP address as your Smart TV and advertising you receive on such devices, 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.

Alphonso also collects information about the location of your Smart TV from WiFi networks, including the approximate longitude and latitude of the Smart TV and/or the street name and city where the TV is located.

Information received from third parties and location information collected from WiFi networks is combined with the Viewing Data, Basic Usage Information, and other information we collect from your Smart TV. 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.

The information collected in connection with the Services is accessible to information technology employees and data scientists 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 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 Smart TV 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. See here for a full list of Alphonso’s current Data Partners.

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, both to your Smart TV as well as to other devices that are connected to your Smart TV, either directly or through wireless connections (See below under “Interest-Based Advertising” for more information);
Providing or facilitating provision of Smart TV services, including offering recommendations to you about programing content on your Smart TV and other devices 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 from Smart TVs, and to match Viewing Data from such Smart TVs 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 support our business development efforts, including improving our 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.

Alphonso also shares the information that it collects from Smart TV’s (including Viewing Data and information derived or inferred from such data) with affiliates or third parties that manufacture such Smart TVs. Such affiliates and third parties use such information in accordance with their own privacy policies and practices, for purposes such as: generating viewer analytics data and reports; providing Smart TV services (such as content recommendations); evaluating and improving their own products and services, improving your user experience on your Smart TV, and developing new products and services; displaying advertising relevant to your interests; and such other purposes as may be described in the relevant organization’s privacy policies and notices. Alphonso is not responsible or liable for the policies or practices of the manufacturer of your Smart TV, including for any use or disclosure of personal information by such third party, or any failure by such third party to protect your personal information.

Your Choices

The Service

You opt-in to the Service through the configuration options on your Smart TV, either during the initial setup or at the time of a software update, or by going back to the settings menu on your Smart TV and selecting the option to opt-in to ACR and/or accept the relevant user agreement(s). 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 Smart TV, connected devices, and other devices at the same IP address, and to provide you with television content recommendations.

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 in the settings menu of your Smart TV, by turning off ACR within the settings or indicating that you do not accept the relevant user agreement(s). Alternatively, you may continue to receive Smart TV services (such as content recommendations) but still opt-out of non-essential uses or disclosures of your information (e.g., for advertising purposes), either using the controls on your Smart TV, or where your TV does not provide such options, by contacting us as described below.

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 services are used. As outlined above, Alphonso’s use of any of these methods to collect data is done in adherence with the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Principles regarding interest-based advertising.

If you would like to exercise choice regarding interest-based advertising on a browser, you can visit www.aboutads.info/choices. 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.

You may withdraw consent to interest-based advertising at any time using the controls on your Smart TV, or if such option is not available on your Smart TV, by contacting us as described below.

If you have provided consent to the use of your information for interest-based advertising purposes:

Alphonso will analyze your Viewing Data together with other information it collects about you, using artificial intelligence and machine learning technology, for the purposes of delivering advertising that it determines may be relevant to your interests on behalf of itself, its affiliates, and Clients;
Alphonso may share Viewing Data and Smart TV device identifiers with Data Partners, and will share anonymized Viewing Data with Clients;
Alphonso may also license Viewing Data to third parties (including Data Partners), which may use such information to provide marketing analytics and advertising services to their own clients;
Alphonso may combine the information it collects about you and/or your Smart TV with information collected by Data Partners (such as demographic information and information regarding lifestyle propensities and loyalty predictors), and/or information provided by Alphonso’s Clients (such as information regarding such Clients’ advertising campaigns) for the purposes of analyzing your viewing habits and Clients’ advertising campaigns, and to deliver targeted advertising; and
Alphonso may also collect information from other third parties, such as Demand Side Platforms, where permitted by applicable laws, including information regarding other devices at the same IP address as your Smart TV and advertising received by you on such devices, and combine such information with the data collected from your Smart TV, for the purpose of delivering interest-based advertising to your Smart TV and other devices at the same IP address.

Storage Outside Canada

Personal information collected through the Service will be stored in Albany, New York (USA) and may also be stored in other locations within the United States. Information stored outside Canada will be protected with appropriate safeguards, but may be subject to the laws of the jurisdiction where it is held, and may be accessible to courts, law enforcement and national authorities in such jurisdictions.

Children

Alphonso will not knowingly collect personal information from children under the age of 16 (or an age set by local law in a jurisdiction where we offer our Services). Alphonso also takes steps to avoid collection or retention of information regarding the viewing habits of children. If Alphonso is notified or otherwise becomes aware that we have collected personal information regarding an individual under the age of 16 without consent from a parent or guardian, Alphonso will take steps to remove such information and terminate that individual’s access and use of the Service.

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.

Data Retention

Alphonso retains data we collect through the Service for the period required to provide the Service and for the other purposes described in this Policy (including for accounting and legal compliance).

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 website. For any material change (for example, if we alter the way we collect, use or share data), you will receive a communication through your Smart TV and will be asked to accept our updated Policy. In that event, if you choose not to accept the updated Policy, we may be unable to continue providing the Service on your Smart TV.

Access & Other Rights

You may access, review or rectify your personal information, challenge the accuracy and completeness of your information and request amendments, and/or exercise any other rights you may have pursuant to applicable legislation, subject to certain requirements, restrictions and limitations under applicable law. You may need to provide proof of identity to exercise such rights.

You may request to exercise such rights by contacting us in writing at: Chief Privacy Officer, Alphonso Inc., 211 Hope Street, Suite 390905, Mountain View, CA 94041.

You can also visit the privacy pages at https://www.alphonso.tv/privacy for more information.

Contact

If you have any questions regarding the User License Agreement, the Privacy Policy, your dealings with the Service, or Alphonso’s collection of your personal information (including questions about the collection, use, disclosure or storage of personal information by Alphonso’s Service Providers outside Canada), please contact us, at:

Alphonso Inc.
Attn: Privacy
211 Hope Street, Suite 390905

Mountain View, CA 94041 USA
E-mail: info@alphonso.tv

Or to contact the privacy official directly, please feel free to communicate with our General Counsel and Chief Privacy Officer at general.counsel@alphonso.tv.

You may also contact us, as described above, to: (i) withdraw consent to the collection, use or disclosure of your personal information, including if you wish to withdraw consent to any non-essential use or disclosure of such information (e.g., for marketing purposes), where you are not able to exercise such choice(s) directly on your Smart TV, or (ii) obtain access to written information about Alphonso’s policies and practices with respect to Service Providers outside Canada.