Effective Date: January 1, 2020
The following policy is intended for users of Smart TVs in the European Union (“EU”).
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. The data provided to our customers 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.
Alphonso complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Economic Area to the United States. For more information see the section titled “Users in the European Economic Area” below.
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.
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.
Use & Sharing of Information
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.
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
Alphonso may share any data it collects with a variety of parties, including:
- 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.
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.
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.
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.
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.
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 an personal data.
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.
Users in the European Economic Area
You hereby expressly consent to the transmission, collection, storage, processing and use of your User Data (including personal information) and Analytics within, from and to the United States, in addition to the country where you are located. Alphonso makes no representation that the Service is accessible, appropriate or legally available for use in locations outside the United States, and accessing and using the Service is prohibited from territories where doing so would be illegal. If you access or use the Service from other locations, then you do so at your own initiative and are responsible for compliance with local laws.
EU-U.S. Privacy Shield: Alphonso complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Economic Area (EEA) to the U.S. for the transfer of personal information to the U.S., as that term is defined in the Privacy Shield Framework. Alphonso has certified to the Department of Commerce that we adhere to the Privacy Shield Principles of notice, choice, accountability for onward transfers, security, data integrity and purpose limitation, access, recourse, enforcement and liability. If there is any conflict between the terms in this policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit www.privacyshield.gov.
By participating in the EU-U.S. Privacy Shield Framework, Alphonso is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. For more information about the EU-U.S. Privacy Shield, please visit https://www.privacyshield.gov/list.
Individual Rights: We recognize that individuals from the EEA have certain individual rights under European law with respect to your personal data, including: the right to access any data we have related to you; the right to rectification; erasure (commonly known as the “right to be forgotten”); the right to restriction of processing; the right to data portability; the right to object; and the right not to be subject to a decision based solely on automated processing, including profiling. If you wish to exercise these rights, please reach out to us at info-EU@alphonso.tv. In addition, please see the “Your Choices” section above for information about how to withdraw your consent to our collection of personal data. You have the right to withdraw your consent at any time. You also have the right to lodge a complaint with the applicable supervisory authority in the member state of your residence.
Data Protection Officer and European Union Representative
Elliot York has been appointed as Alphonso’s Data Protection Officer (“DPO”) and representative in the EU for data protection matters, pursuant to Articles 27 and 37 of the General Data Protection Regulation of the EU. Elliot York can be contacted, in addition to Alphonso, on all matters related to the processing of personal data. To make such an inquiry, please contact Elliot York at: info-EU@alphonso.tv.
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If you have any questions regarding your specific rights within the EU, please contact us at: infoEU@alphonso.tv