(Effective Date: 04/30/2021)
1. IMPORTANT DEFINITIONS
“Application(s)” means an embeddable, downloadable and/or executable software application owned by us or a third party and made available on the Device.
“Content” means all audio and visual elements and ideas offered by us or third parties, including but not limited to, data, movies, videos, photographs, software, games, designs, likenesses, artwork, images, music, sound, information and other materials, tangible and intangible, including derivative works, on all media and formats, existing or in future.
“Device” means this TVS Smart TV.
“Materials” collectively means any Content, Submitted Content (where applicable and as further defined herein), messaging, blogging, chatting, social networking, information, advertising and/or internet links, etc., accessible or delivered through the Device.
“Smart Services” means the access, procurement, disposal, sale, purchase, subscription, lease, rental, consultation or other use of Materials, and all other types of services or functions typically available from the Internet, offered by us or by third parties, through Application(s) in your Device.
“Submitted Content” means any Content submitted, uploaded or posted by you, on behalf of you, or by other users, on or through your Device or the Smart Services.
2. INFORMATION WE COLLECT AND HOW WE COLLECT IT
3. HOW WE USE THE INFORMATION WE COLLECT
Personal Information. We will only use, access, store, or process your Personal Information for the purposes for which it may be provided to us. If we wish to use your Personal Information for any other purpose, we will obtain your express consent to do so. To the extent that we collect your Personal Information, we use it in connection with the following activities:
- Registering your account on the Device;
- Providing and maintaining services in connection with the Device;
- Administering the Device (including processing any searches or requests for certain Materials, recommending Materials, providing blogs, open forums, discussion pages or personalized features);
- Internal record keeping; and
- Communicating with you. If you send us an E-mail with questions or comments, we may use your Personal Information to respond to your questions or comments, and we may save your questions or comments for future reference. However, aside from our reply to such an e-mail, we will not send you e-mail unless you request a particular service that involves e-mail communications, in which case you consent to being contacted by e-mail, or to receiving from us (either from ourselves or a related company) information about products and services which we believe may be of interest to you.
Non-Personal Information. We may use Non-Personal Information for our internal purposes, such as to offer Device-specific viewing recommendations, to understand aggregate usage patterns, to administer the Device, or to provide you with improved features. We reserve the right to use or disclose aggregate and/or Device-specific Non-Personal Information in any way we see fit, including for our and our partners' marketing and advertising purposes (such as ACR services, where applicable) and to other third parties, and you acknowledge and consent to such. You acknowledge and accept that you fully consent to our collecting and sharing aggregate and/or Device-specific Non-Personal information with third parties without the need for further approvals or consent.
4. HOW WE SHARE AND DISCLOSE INFORMATION
Personal Information and Non-Personal Information. We may share Personal Information and Non-Personal Information as follows:
- With our and our affiliates staff, employees, contractors, agents, to help us provide or improve the services in connection with the Device and/or the Smart Services.
- With our professional advisors.
- With third parties and their advisors in connection with a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of TVS’s assets, financing, sale of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence).
- When required to or are permitted to do so by law or valid legal process.
- With other third-parties solely at your direction and with your express consent, and only for the purposes that you request.
- Analytics and reporting;
- Marketing products and services you may be interested in and providing you with interest based advertisements (based on your account profile) on this Device, and across various other devices that share the IP Address of this Device);
- To maintain, operate, improve, and provide their services;
- for recommending Materials on this Device; and
- To design, develop, improve and extend the quality and scope of the functions provided via the ACR services and technology.
5. THIRD PARTY MATERIALS, APPLICATIONS AND ADVERTISEMENTS
Third parties who offer Applications or Materials on the Device may collect Personal or Non-Personal Information when you access their Application(s) and Materials. We are not responsible for the data collection and privacy practices employed by such third parties or their services, and they may be collecting data about you and may be sharing it with us and/or others. These third parties and their services may also track you across sites and time, serve you their own advertisements (including interest-based advertisements) and may or may not have their own published privacy policies.
In addition, when you are on the Device you may be directed to other services that are operated and controlled by third parties that we do not control. For example, if you browse the Internet and “click” on a link on a website, the link may take you to a different website. We encourage you to note when you access a new website or Application and to review the privacy policies of all third-party locations and exercise caution in connection with them. We are not responsible for the availability, completeness or accuracy of such third parties’ policies or notices.
6. YOUR CHOICES REGARDING DATA COLLECTION AND CHANGING PREFERENCS
a. SMART TV VIEWING DATA
To enable operation of the ACR service, you must either expressly choose to Opt-In in one of the following ways:
- By giving your consent during the initial setup process of this Device; or
- Turning on the ACR service in the “Settings” menu for this Device, as follows: Go to the “Home” screen, select “Settings”, select “System”, select “Advanced Settings”, and Opt-In by selecting the icon to turn on “Automatic Content Recognition”. If you choose to Opt-In, you are providing your consent for the ACR service for the next twenty-four (24) month period, in which case you will not be asked for your consent again until the earlier of the expiration of the above period or your earlier revocation of consent.
If you have previously Opted-In but no longer wish to receive the benefits of the ACR service and wish to stop the collection of your SmartTV Viewing Data, you may disable the operation of the ACR service at any time by turning off the ACR service in the “Settings” menu for this device, as follows: Go to the “Home” screen, select “Settings”, select “System”, select “Advanced Settings”, and Opt-Out by selecting the icon to turn off “Automatic Content Recognition”.
You may reset your SmartTV Identifier at any time through this Device. By resetting the SmartTV Identifier, the link between your current SmartTV Identifier and your current profile will be permanently disconnected. As a result, interest-based advertisements will no longer be served to your other devices that share an IP Address with this Device. You may reset your SmartTV Identifier on the Device at any time in the “Settings” menu for this Device, as follows: Go to the “Home” screen, select “Settings”, select “Support”, and select “Reset Advertising ID”.
Note that resetting the SmartTV Identifier does not have the same effect as selecting to Opt-Out of the ACR service and, therefore, does not disable the ACR service. After resetting the SmartTV Identifier, a new SmartTV Identifier will be established and associated with a newly developed profile for the Device.
b. YOUR CHOICES AND ARCO RIGHTS
We will only retain and use your Personal Information for the purposes for which it was intended, and only for as long as required to provide the Smart Services or as required under contract or applicable laws and regulations.
If you would like to access, correct, or remove your Personal Information from our databases, please email us at email@example.com or call 1-888-935-8880.
If you want to disable cookies or such other technologies, you can clear data stored on the Device or on devices that you are using to access the Device. If you want to clear cookie data stored on the Device, please go to “Home”, select “Settings”, select “Support”, select the “Reset to Default” option, and select “OK”.
Certain companies may participate in the Digital Advertising Alliance ("DAA") AdChoices Program and may display an Advertising Option Icon for interest-based advertisements that links to an opt-out tool which allows you to exercise certain choices regarding targeting. You can learn more about the DAA AdChoices Program at http://www.youradchoices.com/ and its opt-out program for mobile applications at http://www.aboutads.info/appchoices. In addition, certain advertising networks and exchanges may participate in the Network Advertising Initiative (“NAI”). NAI has developed a tool that allows consumers to opt out of certain interest-based advertisements delivered by NAI members' ad networks. To learn more about opting out of such targeted advertising or to use the NAI tool, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of interest-based advertisements, you will continue to receive non-targeted ads. Further, opting out of one or more NAI or DAA members only means that those selected members should no longer under the DAA / NAI rules deliver certain targeted ads to you. This will affect this and other services, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different Device or web browser(s), or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. Mobile device opt-outs will not affect browser-based interest-based advertisements even on the same device, and you must opt-out separately for each device. We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs. However, we support the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising (http://www.iab.net/media/file/ven-principles-07-01-09.pdf) and expect that ad networks we directly engage to serve you interest-based advertisements will do so as well, though we cannot guaranty their compliance.
7. SECURITY OF THE INFORMATION WE COLLECT
We take the security of your Personal Information seriously. We maintain physical, administrative, and technical safeguards designed to maintain the confidentiality and security of your Personal Information. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted through use of the Device and the Smart Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures for the Device or the Smart Services.
The Personal Information we collect is stored within databases that we control, and we utilize reasonable security measures intended to mitigate the risk of unauthorized access or disclosure of Personal Information, such as firewalls and encryption technology. We restrict access to Personal Information to our employees, contractors and agents who have a need to know that information in order to operate, develop or improve the Device or the Smart Services. These individuals are contractually bound by confidentiality obligations and may be subject to discipline for failure to meet these obligations, including termination and/or criminal prosecution.
8. BULLETIN BOARDS AND OTHER PUBLIC AREAS
We may offer bulletin boards or other public functions on the Device and/or Smart Services, and any posting by you in these areas is considered public information that is available to other users. We do not control, and are not responsible for, the actions of other users of the Device and/or Smart Services with respect to any information you post in public areas. In addition, information that you submit to public areas may be collected and used by others to send you unsolicited messages and for other purposes. Any posting in bulletin boards and public areas on the Device is governed by the End User Terms and Conditions for the Device or the terms and conditions of the applicable third parties web sites. Portions of your user profile may also be available to other users, and you should take care to not use Personal Information in your user name or other information that might be publicly available to other users.
9. INTERNATIONAL TRANSFER OF INFORMATION
10. YOUR CALIFORNIA PRIVACY RIGHTS
This part advises California residents of the applicable rights as provided in the California Consumer Privacy Act (“CCPA”) and how to effectuate these rights by communicating with us. Please note, we will seek to verify your identity when we receive an individual rights request from you in order to ensure the security of your personal information.
If a California resident wishes to make any of the requests described below, such as access and deletion, he or she may contact us as provided in the “Contact Us” section below. You may be able to exercise some of the below rights, such as access and deletion, by using the management features available in your account. You may authorize an agent to make such a request on your behalf. We will seek to verify your identity and your agent’s authority when we receive an individual rights request from you or on your behalf to ensure the security of your Personal Information, and may need to collect additional Personal Information to do so.
Right to Deletion of Personal Information
California residents have the right to request the deletion of Personal Information as prescribed in Section 1798.105(a) of the CCPA. We may not delete some or all Personal Information if such Personal Information is necessary for us, or our service providers or affiliates, to:
- Complete the transaction for which the Personal Information was collected, provide a good or service requested by the consumer, or reasonably anticipated within the context of our ongoing business relationship with the consumer, or otherwise perform a contract between us and the consumer,
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity,
- Debug to identify and repair errors that impair existing intended functionality,
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law,
- Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code,
- Enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with us,
- Comply with a legal obligation, or
- Otherwise use the consumer’s Personal Information, internally, in a lawful manner that is compatible with the context in which the consumer provided the Personal Information.
Right of Access: Right to Request Disclosure of Data Collection and Sharing Practices
You may request to receive details about how we collect, use, and share your Personal Information. Specifically, you may request to receive the specific pieces of information that we have collected about you by contacting us as provided in the “Contact Us” Section below. If you do so, we may need to collect additional Personal Information and other information, including name, email address, zip code, product purchase location, phone number (which you may choose not to provide), product model number and serial number to verify your identity. The same process applies to requests for the deletion of Personal Information described above.
You may also request to receive:
- the categories of Personal Information that we have collected about you,
- the categories of Personal Information that we have disclosed for a business purpose,
- the categories of sources from which we collected the Personal Information,
- our purposes for collecting that Personal Information, and
- the categories of parties with whom we share your Personal Information.
Right to Opt-Out of Sale
You have a right to direct us not to sell your Personal Information. If you would like to exercise that right, you may direct us to not to sell your Personal Information as provided in the Contact Us section below.
Right to not be Discriminated Against for Exercising CCPA Rights
We do not discriminate against you for exercising any CCPA rights, such as the access and deletion rights described above. If we choose to offer a product enhancement or financial incentive, that is contingent on you sharing personal information, we will ensure that the value provided to us by that collection is reasonably related to the value of the product enhancement or financial incentive.