Australia Smart TV Privacy Policy

Effective Date: September 1, 2022

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

Alphonso Inc. develops and distributes certain “Video AI” software for set top boxes and smart televisions. Video AI refers to Alphonso’s ability to collect and analyze publicly available content (TV shows, advertisements, movies, video games) being played on or through a TV, including Alphonso’s automatic content recognition (ACR) collection technology. The Video AI data collection, storage, analysis and reporting tools are collectively referred to as the Service.

This policy explains how Alphonso collects, uses and shares information when consumers interact with the Service. You opt-in to the Service through the configuration options on your Smart TV, either during the initial setup, or by going back to the settings menu and selecting the option to opt-in to ACR. 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.

Information Collected

Whenever you interact with the Service, you provide your consent a variety of technologies employed to collect data, which may include:

Device type;
Make and model of device;
Operating system type;
The time of your interaction with the Service;
Device identifiers, such as IP address; and
Information about your location.

We also may receive information from third parties. The information includes general demographic information and interests associated with a household (e.g., offline purchases). The combined information is only used in the manner described in this privacy policy.

The Service only collects data from your device if you have agreed to participate. If you agree, the Service may collect video and/or audio information from what you are watching through your device, regardless of the source of the information (e.g., TV, video and audio streaming devices, set-top boxes, etc.) in order to determine the programs you have watched and the advertisements you have seen. The information collected is referred to as the “Viewing Data”. While the Service does collect device identifiers (such as IP Address) which are associated with your Viewing Data, your Viewing Data is never associated, in any of the materials we provide to our Data Partners, with your name, postal address, or email. Importantly, Alphonso’s Video AI does not recognize human conversation, ambient sounds, and other non-commercial audio or video content.

All uses of your information are based on your consent. You may withdraw your consent at any time by opting-out of the Service at any time through the settings menu on your Smart TV.

Alphonso differentiates between Service Providers, Data Partners and Clients. Service Providers receive Viewing Data which may include device identifiers. Service Providers do a variety of tasks, including performing matches to append data, performing blind matches so that data sets can be created that have no identifying criteria (e.g., no device identifiers), or services relevant to advertising to you. These Service Providers are contractually limited in how they are allowed to use any Viewing Data, and are required to delete all Viewing Data once they have performed their function.

Data Partners receive Viewing Data which may include device identifiers. They are able to use the data to create products that will be sold or otherwise shared with Clients. Data Partners are allowed to keep Viewing Data for however long they need, but they are contractually required to ensure that none of the products they provide to their clients will include any identifiable data. Additionally, all Data Partners contractually agree to delete data related to any particular individual in response to a verified request received by either the Data Partner or Alphonso, in accordance with any applicable privacy law or regulation.

Clients will only receive Viewing Data in aggregated or anonymized form. They are able to use the 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 and its Service Providers use Viewing Data for a variety of purposes, including to:

Deliver marketing and advertising materials on our behalf, and for other third parties, 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;
Offer recommendations to you about programing content on your TV and other devices we believe you may enjoy; and
Perform marketing services.

Alphonso and its Data Partners use Viewing Data for a variety of purposes, including to:

Maintain, operate, improve and provide the Service; and
Generate reports analyzing user trends and behaviors.

Alphonso also uses the various types of information it collects in its legitimate interest:

To maintain, operate, improve our business;
To support our business development efforts;
To provide customer service, communicate with and market to our customers; and
To monitor the Service for legal compliance, and compliance with your terms of use.

Alphonso may share any data it collects with a variety of parties, including:

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. Alphonso’s successor will have all of the rights and be subject to all of the obligations of this privacy policy; or
Pursuant to a subpoena, court order, or other legal process or as otherwise required by law, or to protect our rights, or the rights of third parties.

You have the right to withdraw your consent at any time. 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, or if you choose to withdraw your consent, the advertising you see on your devices may be less relevant to you, and you will not receive personalized content recommendations on your TV.

Your Choices

The Service

You opt-in to the Service through the configuration options on your Smart TV, either during the initial setup, or by going back to the settings menu and selecting the option to opt-in to ACR. If you choose to opt-in to the Service, you consent to our collection and use of data about the video and audio content on that Smart TV to customize advertising in other connected devices, to provide you with television content recommendations, and for other uses as outlined above. If you would like to withdraw that consent at any time, you can do so in the settings menu of your Smart TV, by turning off ACR within the settings.

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 across the Internet are used. The information collected may include IP addresses, web browsers, pages viewed, time spent on pages or in apps, links clicked, and conversion information. 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.

The collected information is used to provide advertising aligned to relevant interests. For example, households that watch cooking shows may be provided with advertisements for sales of cooking supplies. Alphonso uses this collected data (i.e., households who watch cooking shows) to create “segments”, which are aggregated groups of households that may receive the interest-based advertisements. The creation of these segments are proprietary to Alphonso, and involve subjective conclusions drawn by Alphonso’s data analysts based on aggregated data, not based on individual households.

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.

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 browser, mobile device, and on associated devices. We will also stop using data collected from associated devices for interest-based advertising on the device where choice was exercised.

Children

Alphonso will not knowingly collect personally identifiable or other information from children under the age of 15 (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

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 your personal information, along with limitations on who is allowed to access an personal information.

Data Retention

Alphonso retains personal information we collect to support our Site and Service only as long as it is needed to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. After this time, that personal information is deleted or de-identified, so that it can no longer be associated with you.

Data Controls

References to “personal information” essentially boils down to information about an individual, from which that individual is either directly identified or can be identified.

Alphonso is the controller of your personal information covered by this policy, and complies with the applicable laws regarding the collection, use, disclosing and retention of your personal information.

Cross-border data transfers: Alphonso may transfer your data to recipients outside of Australia. When we transfer your data to a recipient outside of Australia, we will rely on appropriate means to provide an adequate level of data protection, assuring that appropriate technical and organizational security measures are in place to protect Personal Information against accidental or unlawful destruction, loss or alteration, unauthorized disclosure or access, and against all other unlawful forms of processing.

Individual Rights: You have certain rights regarding your Personal Information. You may ask us to take the following actions in relation to your Personal Information that we hold:

Right to be informed: We have provided this Privacy Policy and will endeavor to answer any questions you may have.
Right to access: You can ask us to provide you with access to your personal information.
Right to rectification: If the personal information we hold about you is inaccurate or incomplete, you are entitled to request to have it rectified.
Right to object: You have the right to ask us not to use any Personal Information for direct marketing purposes.

Please note that some of these rights may be limited where we have an overriding interest or legal obligation to continue to process the personal information or where certain exemptions apply. if we decline your request, we will tell you why, subject to legal restrictions.

To exercise any of these rights, please contact us at info@alphonso.tv. We may request specific information from you to help us confirm your identity and process your request.

Although we urge you to contact us first to find a solution for every concern you may have, you always have the right to lodge a complaint with the Office of the Australian Information Commissioner.

Updates

Alphonso reserves the right, at its sole discretion, to update, modify or replace this privacy 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 Privacy 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 User License Agreement, the Privacy Policy or your dealings with the Service, please contact us in our role as a data controller, at:

Alphonso Inc.
Attn: Privacy
2440 W El Camino Real
Mountain View, CA 94040 USA
E-mail: info@alphonso.tv