EFFECTIVE DATE: November 14, 2017
1. Information We Collect
“Personal Information” is data that can be used to uniquely identify or contact a single person. Personal information we collect includes your name, mobile phone number, email address, and payment information (such as payment card number, security code, billing Zip code and expiration date). In addition, we may take Personal Information you provide to us and aggregate it with information of other users and customers. To the extent that we can still identify you with this aggregated information, we will treat it as Personal Information.
There are a number of ways in which you may provide us with and consent to our collection of certain information, some of which may include Personal Information. However, if you choose not to provide certain information, certain features of the Services may not be available to you and some features may not function properly.
A. Information Provided by You
By way of example, you may provide information, some of which may be Personal Information, in the following circumstances:
We may also collect certain information using automated methods, and some of this information, whether alone or combined with other data, may be Personal Information. Examples of automatically collected information include:
Viewed Content. If you stop watching a program on a particular device, the Service provides the option for you to pick up the program where you left off when you launch the Service on a different device. To be able to do this, we must keep track of the content you have watched, when you watched the content, the point at which you stopped watching the content, make recordings of that content, and connect that information to your Account, along with identifying all devices you use in connection with your Account. The Service also permits you to pause, rewind or fast-forward content. To be able to do this, we must make recordings of the content you are watching and connect that information with your Account.
Location Information. We use various technologies to detect your general location, such as city or zip code.
B. Information We Receive from Third Parties
We may receive information about you (including Personal Information) from third parties. For example, if you are on another website and you opt-in to receive information from us, that website will forward to us your email address and other information about you so that we may contact you as requested. You may also choose to participate in a third party application or feature (such as one of our pages on Facebook or Twitter or another social platform or website) through which you allow us to collect (or the third party to share) information about you, including Personal Information.
2. Personal Information Use and Sharing
When your Personal Information is collected on the Services, it may be shared with selected third parties who assist us with our business operations, with the provision of the Services, with our marketing or advertising campaigns, or in delivering you the features and functionality that you have requested (“Third Party Processors”). These Third Party Processors include companies that send text messages or emails to authorize you to use the Services, process payment card information, and deliver materials to you via e-mail, for example. Third Party Processors are authorized to use the Personal Information that we provide to them to carry out the service they are providing for us, to manage, maintain, or improve their services, to combat fraud, or as required by law. We require the Third Party Processors by contract to have reasonable measures in place to secure your Personal Information and maintain it so that it can be accessed when needed for future purposes. All such Third Party Processors are contractually bound by us to keep the Personal Information confidential. Certain third party processors have additional rights to use Personal Information:
We may use your location to provide advertisements, offers and notices that are relevant to your geographic location and conduct analytics to improve the Services. We may also use location information to confirm that you are in the geographic area where we are permitted to provide the Services. Location information may be combined with other data and may be shared with third parties as described in this section 2.
As part of the Services, we will prepare and maintain information collected from the Services that is aggregated or otherwise altered so that it does not directly identify you and cannot reasonably be linked to you. We and our licensees, vendors, service providers, third party processors, and agents use and share such information for business purposes.
We or our Third Party Processors may disclose your Personal Information without your permission (i) pursuant to judicial or other government subpoenas, warrants, or orders or otherwise to comply with law; (ii) where we believe the rights, property or an individual’s safety or security is at risk; (iii) if we find that your actions violate our Terms of Serviceor any of our other legal rights; or (iv) where otherwise required or permitted by applicable law (which may include a lawful access request by US or foreign courts, governments or law enforcement agencies).
If we buy, merge, reorganize or sell any business or business assets, Personal Information and non-personal information will likely be disclosed or transferred as part of the transaction. If, in connection with a purchase, sale, merger or reorganization your Personal Information will be processed in a materially different way, our practice is to notify users who have provided us with an e-mail address via e-mail.
3. Other Information
A. Our Use of Other Information
We and third parties acting on our behalf use data collection technologies to help us to manage the operations of our Services and track usage behavior. These data collection technologies include:
ii. Web Beacons and Pixel Tags
We may also use web beacons and pixel tags (also known as web bugs and clear GIFs). Web beacons (also called single pixel gifs, clear GIFs, or web bugs) are Internet tools, such as transparent images on the Services or in emails that we may send you, that help us to determine, for instance, whether a page has been viewed or an email opened. For example, when you ask us to send you information, we may use web beacons to determine how many of the emails we sent were actually opened. A pixel tag is a type of web beacon embedded in an image on the Services. In general, any electronic image viewed as part of a web page, including a banner ad, may contain a pixel tag. We may use web beacons and pixel tags to help us optimize and tailor the Services for you and other future visitors to the website. Web beacons allow third parties to obtain information, such as the IP address of the computer that downloaded the page on which the web beacon appears, the URL of the page on which the web beacon appears, the time the page containing the web beacon was viewed, the type of browser used to view the page, and the information in cookies sent by the third party.
iii. Local Storage and Local Shared Objects
We may use local shared objects (LSOs) such as Flash Cookies and local storage, such as HTML5 Local Storage, to enhance user experience. Local storage is similar to browser cookies but can store data more complex than simple text. By itself, local storage cannot do anything to or with the data stored on your device. Like cookies, local storage can only access Personal Information that you have provided on the Services. Third parties with whom we partner to provide certain features on the Services or to display advertising based upon your web browsing activity may also use Flash cookies or HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5. To manage Flash cookies, pleaseclick here.
Information that we collect via the data collection technologies described in this section may be linked to other information about you and may be Personal Information. We may use the technologies described in this section, alone or in combination, to provide, manage and administer the Services, understand user behavior, target and measure the effectiveness of advertisements, send follow-up emails and advertising after visits to the Website, help diagnose problems, recognize repeat visitors, track and analyze usage behavior, facilitate your access to and use of the Services, or optimize the performance of the Services.
Your browser, such as Internet Explorer, Chrome, Firefox and Safari, may allow you to manage your cookies and local storage. Because each browser is a little different, we encourage you to check your browsers’ “Help” feature to learn how to block cookies, how to receive notification of new cookies, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all the Services and some parts of the Services may not function properly.
B. Use of Other Information by Third Party Processors
Our Third Party Processors may use the data collection technologies described in Section 3(A) in the same ways that we use those technologies. Third Party Processors are authorized to use the data collection technologies only to carry out the service they are providing for us, to manage and improve their services, and as required by law.
C. Use of Other Information by Third Parties for Analytics
We contract with third parties, including Google Analytics, that use data collection technologies to track, analyze and report data about the use of the Services and to analyze and optimize the performance of the Services. Information about Google Analytics is available athttp://www.google.com/analytics/learn/privacy.htmlandwww.google.com/policies/privacy/partners/.
D. Digital Fingerprinting and Cross-Device Linking
Our service providers may use certain technological measures and third party databases and services to engage in digital fingerprinting and cross-device linking. These technologies may passively collect information about your device to develop a digital identifier for your device, which is then stored on your device to identify the device in various online transactions. This information is combined with other information regarding your use of the Services and third party databases and may be combined with information from your Account, including Personal Information. The device data that is collected by our service providers may be maintained to create a history and reputation of a particular device to help reduce online fraud and recognize your device in connection with the Services and advertising.
4. Third Party Tracking
Third parties, other than our third party processors and vendors, do not have authorization from us to track which websites you visited prior to and after visiting our Services. That said, we cannot control third party tracking and there may be some third party tracking that occurs without our knowledge or consent.
For more information about the Ad Partners’ technologies and how they use the information collected by the technologies on the Services and your options not to accept cookies placed by some Ad Partners on the Services, visit the Network Advertising Initiative (“NAI”) atwww.networkadvertising.org/optoutto change your consumer preferences with respect to certain online ads and to obtain further information about third party ad networks.
The opt-out described above is device- or browser-specific and may not work on all devices. If you choose to opt-out through the mechanism in this section, you still may see advertisements but the advertisements from NAI participants will not be based on your interests.
6. Opt Out; Changes in Personal Information
If you choose to opt-out of marketing email communications, such as newsletters, special offers, promotions, and special event invitations, you may do so at any time and without penalty by clicking on the link provided in the email to unsubscribe, contacting us at help.philo.com, emailing us at email@example.com or calling us at 855-CSPHILO (855-277-4456). You may not unsubscribe to communications regarding your Account, your Subscription or the Services. Unsubscribing to marketing communications from Philo will remove you from the Philo marketing email list, but we will still need to communicate with you about your Account, your Subscription, the Services or other request.
If you want to stop receiving text messages from Philo, text “STOP” to “PHILO.”
If you wish to update, correct or otherwise have access to your Personal Information in our records, please contact us at help.philo.com, email us at firstname.lastname@example.org or call us at 855-CSPHILO (855-277-4456), or, if you have registered for an Account, log into your Account. We will not be responsible for modifying or removing Personal Information from the database of any third party to whom we were authorized to disclose your Personal Information prior to processing your request. Please note that any Personal Information that we have copied may remain in back-up storage for some period of time after your request.
We may request certain Personal Information for the purposes of verifying the identity of the individual seeking access to his or her Personal Information records.
You can also opt-out of future information collection from the Services by cancelling your Subscription. After you cancel your Subscription, Philo retains certain parts of your information, including name, email address, phone number, the last 4 digits of your payment card number to facilitate restarting your Service. If you want to delete your Account, you may contact us at help.philo.com, email us at email@example.com or call us at 855-CSPHILO (855-277-4456), but without an Account, you will not be able to use the Services.
7. Links from the Services
Some of the Services use third party operating systems, platforms, communication services, devices, and software elements (such as mobile device operating systems, wireless services, mobile phone and tablet devices), and some of the Services are provided by third party distributors, device makers, device operators, platform operators, and communication services. We do not control these third party entities, products and services, and they may collect, use, process, transmit and disclose your information. For example, these third party entities, products and services may gather information from the Services in a manner that overrides your settings and preferences in the Services. As we do not control of these third-parties’ data handling practices, we recommend that you review their privacy policies, terms of service and license agreements (if any).
8. Audience Measurement Providers
Some of the Services contain Nielsen’s proprietary measurement software which will allow you to contribute to market research, like Nielsen’s TV ratings. You can access more information about the measurement software and learn about your choices with regard to Nielsen’s measurement as follows:
9. Platforms and Devices
We have put in place physical, electronic and managerial procedures intended to protect your data. Please understand, despite these efforts, we cannot guarantee the security of your information given the current state of the Internet. Any transmission of information is at your own risk. We cannot guarantee protection of all electronic information from interception, misappropriation, misuse or alteration. We cannot guarantee that your information will not be disclosed or accessed by accidental circumstances or the unauthorized acts of third parties.
Our Services are not intended for children, and we will not knowingly collect information from children under the age of 13.
We encourage parents to talk to their children about their use of the Internet and the information they disclose online. If we learn that we have collected the Personal Information of a child under 13 without verifiable consent, then we will use reasonable efforts to delete the child’s information from our databases. If you become aware that we have collected Personal Information from a child without parental consent, please contact us at help.philo.com, email us at firstname.lastname@example.org or call us at 855-CSPHILO (855-277-4456) promptly.
If you are a California resident under age 18 and are a registered user of any of the Services, then you may request that we remove any submissions that you publicly posted on or in the Services. To request removal of a submission, please Contact Us and send a detailed description of the specific submission. We reserve the right to request that you provide information that will enable us to confirm that the submission that you want removed was created and posted by you. We will make a good faith effort to delete or remove your submission from public view as soon as reasonably practicable. Please note, however, that your request that we delete your submission does not ensure complete or comprehensive removal of your submission. Your submission may remain on backup media, cached or otherwise retained by us for administrative or legal purposes or your submission may remain publicly available if you or someone else has forwarded or re-posted your submission on another website or service prior to its deletion. We may be required by law to not remove or allow removal of your submission.
12. Notice to Non-United States Users
13. Your California Privacy Rights
Pursuant to Section 1798.83–.84 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, what types of Personal Information, if any, the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information in the immediately preceding calendar year. To access this information, please call us at 855-CSPHILO (855-277-4456).
14. Changes to This Policy
15. Contact Information
Philo, Inc. 772 Bryant Street
San Francisco, CA 94107
Last Updated: November 13, 2017
1. COMMITMENT TO PRIVACY
2.2 When we use the term “Verification Information,” we refer to required information you and/or your Facility (or any owner or operator thereof) provide us during User Verification (as defined below), which may include a unique token, all or part of your legal name, your email address, your physical location, your residential address, or other information about you. When we use the term “Personal Information,” we mean any information that we collect on the Services that would allow someone to identify you or contact you, such as your full name, address, e-mail address, or telephone number. Any Personal Information, other than Verification Information, will be collected from you only at your option and with your consent. When we use the term “Additional Information”, we mean any information that we collect on the Services other than Verification Information or Personal Information. Personal Information and Additional Information (but not Verification Information) shall be collectively referred to as “Information”.
3. INFORMATION WE COLLECT.
3.1 User Registration and Certain Transactions. If you become a registered user of, or otherwise sign up for, the Services, we may require you and/or your Facility (or any owner or operator thereof) to provide certain Verification Information to us, such as your email address, Device information and/or Facility. In order to access and use the Services, you are required to input additional Verification Information which may include a username, password and/or other authentication combination (whether associated with a Facility, a social networking platform (such as Facebook), and certain additional information required by applicable law or regulation, such as your age. We may also require that we receive certain Verification Information from your Facility (e.g., authentication tokens, keys, codes, etc.) (or any owner or operator thereof) and/or Operator to verify and authenticate your access to and use of the Services, including your use of certain Video Content made available in connection therewith (e.g., premium and subscription content, etc.). We refer to such verification and authentication activities in this Agreement as “User Verification.”
3.2 Third Party Services. If you log into the Services using account information from a Third Party Service (e.g., Facebook), connect a Third Party Service to the Services or enable functionality from Third Party Services as part of your use of the Services, we may receive Information from the applicable provider of the Third Party Service that you have consented to be shared with us pursuant to its terms and conditions, whether made available via an application programming interface (“API”) or otherwise. Such Information may include, for example, your first and last name, gender, your physical location and that of your Devices, your date of birth, certain profile information, your public ID on or associated with the Third Party Service, profile page URL and e-mail address. We will, as reasonably practicable, disclose to you what information we collect from the Third Party Services when you connect the Services to the Third Party Service (e.g., by implementing a compatible disclosure feature offered by the Third Party Service). Your use of any such Third Party Service is at your own discretion and is not required in order to use the core features of the Services (for example, to watch television content you are entitled to watch).
3.3 Technical, Operational and Customer Support and Feedback. When you use our customer support system, contact us for technical, operational or other support or otherwise provide any comments or feedback to us, you may be required to provide certain Information, including your full name, email address, telephone number, credentials, Facility, Device information, operating system and platform, physical location and other Information relevant to your applicable issue or to contact you with respect to resolving the issue. We will not use any Information provided to our customer support system for any other purpose without your explicit permission.
4. HOW WE USE INFORMATION.
“Information,” “Verification Information,” “Personal Information” and “Additional Information” are defined above in Section 2.2(Verification Information) We may use Verification Information solely for the purposes of:
4.1 Personal Information. We may use your Personal Information for the following purposes:
4.2 Additional Information. We may use the Additional Information for various purposes, such as for:
4.3 Personalization of Advertising. The Edu Services may also use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties to, for example, serve advertisements on the Services, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on the Services. Such services may enable us to display advertisements on the Services based on your use of the Services and other platforms you have used. These services enable us to, among other things, help deliver advertisements or other content to you for products and services that you might be interested in, to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you. We will not disclose any of your Personal Information to these third parties, and if we disclose the results of any such research we conduct, the disclosure will be aggregated and/or de-identified.
5. OPTING-OUT OF CERTAIN USES OF YOUR INFORMATION.
5.1 Marketing and Promotional Communications. At times, you may be presented with the option of whether to receive certain marketing and promotional communications from us and others that we think will be of interest to you. Recipients of such communications can unsubscribe by either following the specific instructions included in such communications, or may “opt-out” of receiving marketing and promotional e-mails from us at any time by changing your account settings on the Services or by sending an email to us at email@example.com detailing your privacy request. Please note that “opt-out” and “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your Information shall remain subject to the prior privacy settings. Additionally, you should be aware that any Information provided to third parties with your consent prior to your election to opt out or unsubscribe typically cannot be retrieved or rescinded by us, unless required by applicable law, and you cannot retroactively opt out or unsubscribe with respect to such third parties . Further, also, please note that in order to keep you informed about the operation of the Services and related products and services, we may always send you emails and announcements that are needed for the proper functioning and administration of the Services, including for the purposes described in Section 4 above, in connection with your use of the Services.
6. SHARING AND DISCLOSURE OF INFORMATION.
Because we do not sell, rent, lease or disclose your Verification Information to third parties without your consent outside of our affiliated companies, the provision of information from student records to Philo by your Facility (or any owner or operator thereof) is compliant with FERPA.
6.2. Social Media Services. Philo may enable you to log in to the Services via third party social media services, such as Facebook (“Social Media Services”). By logging into the Edu Services using account information from a Social Media Service, you agree that we may transmit your User Information to the providers of Social Media Services.
6.3 Service Providers. We also have the right to disclose your Verification Information and other Information to third parties for the purpose of administering, maintaining and providing the Services, including all associated features, functions, transactions and operations. We will refer to these third parties as “Operational Service Providers”. We use Operational Service Providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we disclose your Information to Operational Service Providers for the purpose of providing services to us. These Operational Service Providers may temporarily store some information on their servers, and they may only use your Verification Information and other Information for the purposes permitted in Section 4 above.
Information and other Information for the purposes permitted in Section 4 above.
7. USER CHOICE AND ACCESS.
8. DATA COLLECTION FROM CHILDREN.
We do not knowingly collect personal information from children under 13 without appropriate parental notice and consent. Please visit http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm for information from the US Federal Trade Commission about protecting children’s privacy online.
While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Personal Information. However, regardless of our efforts and the Device you use to access the Edu Services, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We also limit access to the Edu Services by our own employees, contractors, Operational Service Providers and those individuals who are authorized for the proper handling of such information. We request that our third party contractors and Operational Service Providers follow similar standards of security and confidentiality.
10. YOUR CALIFORNIA PRIVACY RIGHTS.
If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as “unsubscribe”) or opt-in for use of your Personal Information by third parties (such as advertisers and promotional partners) for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year. If you are a California resident and wish to request information about how to exercise your third party disclosure choices or other rights afforded under the law of the State of California, please send a request by email to our Privacy Administrator at firstname.lastname@example.org or by postal mail to address set forth in Section 15 herein. All requests must be labeled “Your California Privacy Rights” on the email subject line or envelope or post card. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone or by fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
13. CONTACT US.
Philo, Inc. Attn: Privacy, 772 Bryant Street, San Francisco, CA 94107
14. SOLE STATEMENT.
Copyright © 2017 Philo, Inc.