LANGUAGE

Alphonso Hellas S.A. 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. The data provided to our Clients through the Service does not identify you or your device specifically; the data we obtain from you is mixed with the data we collect from other users of Smart TVs, and that aggregated data is what is shared with our Clients.

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 to 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;
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 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.

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.

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. Click here for a full list of Alphonso’s current Data Partners.

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.

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 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 as required by law, or to protect our rights, or the rights of third parties.

In all cases, regardless of whether the data is shared with a Service Provider, Data Partner or Client, Alphonso will remain liable to you for how your data is used.

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

In addition to the choices you have pursuant to your individual rights (as outlined in the Data Controls section below), you also have rights with regard to the Alphonso Service and Interest-Based Advertising as a whole.

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 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

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 your 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” in this policy are equivalent to “personal data” governed by European data protection legislation. Essentially, it 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 for purposes of EU, UK and Swiss data protection legislation, and complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), along with applicable EU, UK and Swiss data protection laws, regarding the collection, use, disclosure and retention of your personal information.

Cross-Border Data Transfers: Alphonso may transfer your data to recipients outside of the EEA, Switzerland or the UK. Some recipients of your data may be located in countries outside the EEA, Switzerland and/or the UK for which the European Commission, Swiss Government or UK Government (as and where applicable) has not issued adequacy decisions in respect of the level of data protection in such countries (“Restricted Country”). When we transfer your data to a recipient in a Restricted Country, we will either:

enter into appropriate data transfer agreements based on the EEA, Swiss or UK Standard Contractual Clauses (as applicable) as approved from time-to-time by the applicable authority; or
rely on other appropriate means permitted by the European Commission, Swiss Government or UK Government (such as the Data Privacy Framework outlined below), which establish that such recipients will provide an adequate level of data protection and 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.

You may ask for a copy of such appropriate specific data transfer mechanism by contacting us at info-EU@alphonso.tv.

Data Privacy Framework: Alphonso complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Alphonso has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. Alphonso has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Alphonso commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU and UK individuals and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact Alphonso at: privacy@alphonso.tv.

Should you have any additional questions on compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, please contact: general.counsel@alphonso.tv

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Alphonso commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to JAMS, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/dpf-dispute-resolution for more information or to file a complaint. The services of JAMS are provided at no cost to you.

Following the dispute resolution process, the JAMS mediator or the Consumer may refer the matter to the U.S. Federal Trade Commission, which has investigatory and enforcement powers over Alphonso. Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about Alphonso’s compliance in accordance with Annex 1 of the EU-U.S. DPF Principles.

Individual Rights: The laws of the EU, the UK, and Switzerland give you certain rights regarding your personal information. If you are located in the EU, the UK, or Switzerland, you may ask us to take the following actions in relation to your Personal Information that we hold:

Right of access: You can ask us to provide you with information about our processing of your personal information and give you 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 erasure: You can ask us to delete or remove your personal information where there is no lawful reason for us continuing to store or process it, where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law.
Right to restrict processing: You can ask us to suspend the processing of your personal information if: (i) you want us to establish the data’s accuracy; (ii) where our use of the personal information is unlawful but you do not want us to erase it; (iii) where you need us to hold the personal information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (iv) you have objected to our use of your personal information (but we need to verify whether we have overriding legitimate grounds to use it).
Right to object: Where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.
Right to data portability: You have the right, in certain circumstances, to ask us to provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Right to withdraw consent at any time: Where we are relying on consent to process your personal information you have the right to withdraw your consent at any time. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.

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 privacy@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 your competent data protection authority. You can find your data protection regulator here.

Data Protection Officer

Charalampos Mitsiopoulos has been appointed as Alphonso’s Data Protection Officer (“DPO”) and representative for the EU, the UK and Switzerland for data protection matters, pursuant to Articles 27 and 37 of the General Data Protection Regulation of the EU. Mr. Mitsiopoulos can be contacted, in addition to Alphonso, on all matters related to the processing of your personal information. To make such an inquiry, please contact info-EU@alphonso.tv.

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 address, or appoint a new DPO), 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 Hellas S.A.
Attn: Privacy
Egnatias 154, 54636 Thessaloniki, Greece

E-mail: info@alphonso.tv

If you have any questions regarding your specific rights within Europe (EEA, Switzerland and the United Kingdom), please contact us at: info-EU@alphonso.tv