Philo Privacy Policy

Privacy Policy for Philo Users

EFFECTIVE DATE: November 14, 2017

Philo Inc. (“Philo”, “we”, “us”, “our”) is committed to protecting your privacy. We encourage you to carefully review this Privacy Policy.

This Privacy Policy applies to the philo.com website and all corresponding domains, subdomains, web pages and websites associated therewith (collectively, the “Website”) and our video streaming service that provides live and time-shifted television programming delivered over the Internet via applications on consumer devices including desktop computers, mobile phones, tablets and connected television devices that link to or references this Privacy Policy (collectively, with the Website, the ”Services”). The Services do not include websites, applications or other services or products that link to another privacy policy, including without limitation, the Philo Edu service that provides video streaming over private networks to college campuses, which is covered by the Philo Edu Privacy Policy. This Privacy Policy only governs the Services and does not apply offline. This Privacy Policy does not alter the terms of any other agreement that you may have with us. By accessing or using the Services, you agree to the terms of this Privacy Policy and consent to the collection and use of information as discussed in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, do not access the Services or provide your information to Philo.

Along with this Privacy Policy, please read our Terms of Service, which are hereby incorporated and made part of this Privacy Policy.

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:

  • Registration. If you choose to sign up for a trial period for our Services, mobile phone number is necessary to begin the trial period and create your account (“Account”).
  • Purchases.If you choose to continue your trial period or purchase a subscription to our Services (“Subscription”), first and last name, mobile phone number, email address, payment card information and billing Zip code are necessary to continue your trial period and to purchase a Subscription to the Services.
  • Accessing the Services. If you are a registered subscriber and you want to use the Services, mobile phone number or email address is necessary for us to authenticate your Subscription to the Services.
  • Customer Service Inquiries. First and last name, mobile phone number, and email address are necessary to provide this service, in addition to information in our system that you may need to confirm and any other Personal Information you provide in your email or phone call to us so that our representatives can assist you.
  • Product Feedback, Surveys, Reviews, Comments, and/or Input.As part of your input, you may be asked to provide your first and last name, address, or other Personal Information, and we may pull location and other information from your order history.
  • Email Message or Inquiry Forms. If you email an inquiry to us or fill out a form to receive additional information, we will use the contact information you provide to respond to your inquiry.
  • Inquiries via Social Media.If you contact us via social media, including without limitation, Facebook and Twitter, we will have access to your social media handle and other information you post, and we may use that information to respond to your inquiry.
  • Communications, Newsletters and Promotions. You will need to register on the Services if you want to access newsletters or information on special promotions.
  • Notifications.You may request that information be sent to you. The contact information you provide will be used to send the information to your email address or other contact point. Notifications may also be sent through the Philo application.
  • Email a Friend. If you request that information be sent to a friend, you are responsible for obtaining the consent of your friend to our use of the friend’s email address and other contact information for this purpose. We may also send a confirmation email to you.
  • Engage with Interactive Advertising.You may submit data fields requested by interactive ads that are placed on the Services. We may share this information with our Ad Partners.
  • Register for a contest, sweepstakes or other promotion. For example, you may provide your first and last name, phone number and home address, and we may be legally obligated to disclose this information if you win.

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:

  • Information about your device, device capabilities, and device operating system
  • Information about your browser
  • Information about how you use the Services
  • Your activities on the Services
  • IP address
  • Mac address
  • Advertising identifiers
  • Mobile or Internet Carrier
  • Browser type and browser identifier
  • Referring URL
  • Language selection
  • Device type
  • Phone number you use to call us

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.

We may also supplement the information we collect about you through the Services with outside records from third parties in order to enhance our ability to serve you, to tailor our content to you, to advertise to you, to analyze and report on how our Services are being used, and to offer you opportunities to purchase products or services that we believe may be of interest to you. We may combine the information we receive from these third parties with information we collect through the Services and/or offline. In those cases, we will continue to apply this Privacy Policy to any online Personal Information received pursuant to this Privacy Policy, unless we have disclosed otherwise.

2. Personal Information Use and Sharing

We collect and use Personal Information so that we may provide you the services you request, send you marketing or promotional communications, authenticate your Account, collect payment, and send you the information and materials you request or otherwise contact you as you request. We will also use your information to provide you information regarding the Services. We may use your Personal Information for surveys, loyalty programs, giveaways, contests, sweepstakes, and other promotional events that we offer to our customers. We may also use your Personal Information to help us to understand, analyze and measure how users use the Services; manage the Services’ operations; deliver contextual and targeting advertising and measure the effectiveness of advertisements; help diagnose problems; recognize repeat visitors; facilitate your access to and use of the Services; for market research; and format content for your device type and browser. We may collect and use Personal Information for market research; to invite you to join focus groups; to participate in surveys; and to participate in studies. We may also disclose Personal Information to third parties for the purposes described in this Privacy Policy.

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:

  • Fastly, which uses distributed servers to distribute the Services to your location. Fastly may additionally use your Personal Information as set forth in its documentation, located at https://docs.fastly.com/. If you do not want Fastly to use your Personal Information in that way, please do not use the Services.
  • Stripe, which processes transactions, including payment transactions, for us. Stripe may additionally use your Personal Information as set forth in its privacy policy located at https://stripe.com/us/privacy. If you do not want Stripe to use your Personal Information in that way, please do not use the Services.
  • MailChimp, which we use to send emails to you and manage our email communications. MailChimp may additionally use your Personal Information as set forth in its privacy policy, located at https://mailchimp.com/legal/privacy/. If you do not want MailChimp to use your Personal Information in that way, please do not use the Services.
  • Oracle, which provides third party data matching services and data elements on individuals to us. Oracle may additionally use your Personal Information as set forth in its privacy policy, located at https://www.oracle.com/legal/privacy/marketing-cloud-data-cloud-privacy-policy.html. If you do not want Oracle to use your Personal Information in that way, please do not use the Services.

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.

If we offer a joint promotion, sweepstakes or contest with one or more partners, we may provide your Personal Information to the partners. Any use or sharing of your Personal Information by a partner will be subject to the partner’s privacy policy.

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:

i. Cookies

Cookies” are small pieces of information that downloaded to your computer or mobile device when you visit a website or other Service and are stored by your browser. Cookies are then sent back to the originating Service on each subsequent visit to that Service or to another website or service that recognizes those cookies. Some cookies on our Services collect IP and Mac addresses, which may be considered Personal Information in some jurisdictions. Cookies are useful because they allow a website to recognize a user’s device. Our cookies enable us to facilitate access to different aspects of our Services. For example, by showing when and how you and others visit our Services, cookies help us to see which pages of the Services are popular and which are not. Cookies can also help us to improve your enjoyment of the Services, for example, byrememberingyour session ID and other Personal Information used to identify you as an authorized subscriber to the Services. We may use cookies to personalize advertisements for our Services on other web properties. We may use session cookies during the time of your visit on the Services that may be deleted when you exit, depending on your browser, and we may also use more permanent cookies so we can recognize you if you return to the Services. You can find more information about cookies atwww.allaboutcookies.org.

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.

“Do Not Track” is a standard that is currently under development. Because it is not yet finalized, we adhere to the standards in this Privacy Policy, and we do not monitor or follow any Do Not Track browser requests. That said, some of our features may have the ability to monitor or follow Do Not Track browser requests.

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.

5. Advertising

We use a variety of third party ad networks and third party ad servers (“Ad Partners”) to deliver ads to you on our behalf. These Ad Partners may place their cookies, web beacons or other technology on the Services or in your browser to (among other purposes) collect data about you when you visit the Services, where you go, what you do after you leave the Services and to link your devices to enable the Ad Partners to deliver more relevant advertisements for our products to you on third party websites. The use of cookies, web beacons or similar technologies by the Ad Partners is subject to their own privacy policies, not ours. We encourage you to view the privacy policies of the Ad Partners to learn more about their cookies and other technologies.

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 help@philo.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 help@philo.com 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 help@philo.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

The Services may contain links to third party websites or services that are not controlled by us. In some cases, you may navigate to pages of other websites that are framed with elements of the Services such as in the header or footer. In that case, the URL will identify the site you are visiting. These links are made available to you as a convenience, and you agree to use these links at your own risk. These other sites and services are not bound by our Privacy Policy, and we are not responsible for the privacy practices or content of such third party websites or services. If you disclose your information to others in connection with your use of our Services, you are subject to the privacy policies that they apply. The privacy policies of other organizations may differ from ours, for example, with respect to the level of security, use of cookies, and collection, use and disclosure of Personal Information. If you would like information on any other party’s privacy policy, you should contact that party directly, and we encourage you to do so.

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:

  • On iOS devices, in your Settings for the Philo application, click on “About Nielsen Measurement”.
  • On the Website, in your Account settings, go to “Nielsen TV Rating Measurement” and click on the link.

9. Platforms and Devices

The Services operate on platforms and devices not controlled by us. Those platforms and devices may use, collect and disclose information, including your Personal Information, subject to their own privacy policies. The Roku platform and Roku devices are among the platforms and devices on which the Services operate. Roku and its platform licensees may use, collect and disclose data according to the terms of its privacy policy, https://docs.roku.com/doc/userprivacypolicy/en-us , other than data you provide directly to Philo through the Services and data generated by us regarding your behavior within the Services.

10. Security

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.

11. Children

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 help@philo.com 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

Philo is a Delaware corporation and the products and services available on the Services are provided by or on behalf of Philo based in the United States. If you are located outside of the United States, be advised that the Personal Information that you provide will be transferred to and maintained inside and outside the United States, and these jurisdictions’ data protection and privacy laws may not off the same level of protection as those of the country where you reside or are a citizen. If you do not consent to this transfer, do not accept this Privacy Policy or otherwise use the Services. By using our Services and providing us with your information, you are consenting to the transfer and processing of such information in the United States and other countries.

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

We reserve the right to modify this Privacy Policy at any time. Material changes will be posted on the Website or the Services. If you have registered with the Service, we may also provide you with email notification of such material changes. Your continued use of our Services following any changes constitutes your acceptance of the changes.

15. Contact Information

Philo, Inc. 772 Bryant Street

San Francisco, CA 94107

help@philo.com

855-CSPHILO (855-277-4456)

Privacy Policy for Philo Edu Users

    Last Updated: November 13, 2017

    This Philo Edu privacy policy (“Edu Privacy Policy”) provides important information about your privacy in connection with your use of Philo’s on-campus, private network video streaming service for colleges, universities and other higher learning institutions, including without limitation (a) any such service provided via www.philo.com, www.tivli.com, backend.tv, and all corresponding Philo Edu-related domains, subdomains, web pages and websites associated therewith (collectively, “Site”), (b) the Philo Edu app/channel on mobile, console and other IP-enabled devices and platforms, including without limitation Apple iOS, Apple TV, Android, Chromecast and Roku, and (c) all other features, functionality, content applications and services offered by us as a part of our on-campus, private network video streaming service for colleges, universities and other higher learning institutions, including without limitation all associated application/device-based features and related technology (e.g., apps, APIs, widgets, etc.) (subsection (a), (b) and (c) above shall collectively be referred to as the “Edu Services”). The Edu Services do not include any other Philo websites, applications or other services or products, including without limitation the general Philo video streaming service that provides live and time-shifted television programming, which is subject to the Privacy Policy.

    Please review our Philo Edu Terms of Service Agreement, which governs your use of the Services. The following capitalized terms that are not defined in this Edu Privacy Policy shall have the meaning given in the Terms of Service Agreement.

    By accessing or using the Services, you affirmatively consent to this Edu Privacy Policy (and the practices described herein), which will remain in full force and effect, even if your use of the Services or any particular feature or other activity offered in connection therewith terminates, expires or is deactivated for any reason. If you do not agree with any provision of this Edu Privacy Policy, do not access or use the Services or any features, activities, products or services offered through or in connection therewith. This Edu Privacy Policy applies regardless of the Device you use to access the Services and whether you are accessing the Services as a guest, a registered user, or otherwise. “Third Party Service” includes any third party websites, content, data, information, applications, goods, services or materials, including Social Media Services.

    1. COMMITMENT TO PRIVACY

    Philo, Inc. (“Philo”, “we”, “us” or “our”) takes your privacy seriously. We will not disclose your Personal Information or specific information about your individual use of the Services to unaffiliated third parties except when necessary or with your consent, and we explain those circumstances in this Edu Privacy Policy. If you do consent to third-party marketing, our forms will require you to explicitly consent, for example, by checking a box on a form.

    2. GENERAL.

    2.1 This Edu Privacy Policy governs only the information (a) collected by us from you and (b) provided to us by Third Party Services (e.g., Facebook, HBO GO, etc.), Operators (e.g., Roku, DirecTV, etc.), or Facilities (e.g., residential facilities, multi-dwelling units, etc.) (or any owner or operator thereof) about you, in each instance, on or in connection with your use of the Services, and does not cover any other information collected by or provided to us in any other manner or collected by or provided to any other entity, unless specifically stated. Where you have provided your information to third parties such as Facilities (or any owner or operator thereof) marketing companies, platform operators, technology providers, our advertisers, sponsors and/or other promotional partners and those third parties have shared that information with us, we may combine such information with the information we collect, and, if we do so, our use of the resulting combined information will be subject to this Edu Privacy Policy.

    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”.

    2.3 Please note that certain of our agreement(s) with your Facility (or any owner or operator thereof) may, in certain instances, limit some of the terms and conditions of this Edu Privacy Policy (e.g., limiting our use of certain Information, etc.) absent our provision of additional notice to you or our obtaining additional consent, as the case may be.

    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.

    3.4 Automatic Data Collection. Our Services include features and functionality that automatically collect Information regarding your use of the Services, which enable us to, among other things, keep track of your preferences, create a more tailored user experience, better address your particular interests and needs, and provide de-identified, aggregate ratings data to the television industry. The Edu Services and/or third parties may use “cookies”, “embedded scripts”, “web beacons” and other tracking and logging technologies (collectively, “Logging Technologies”) to collect Additional Information automatically as you interact with and otherwise use the Services, as well as to collect such information over time and across different websites that are associated with such third parties; such activities will be in accordance with this Edu Privacy Policy, including without limitation its Section 4.4 below. We use Logging Technologies to, for example, collect “clickstream” data and other information, such as your browser type and version, operating system and platform, referring and exit pages, domain names, landing pages, the average time spent using the Services, shows viewed, content searched for, access and viewing times, and other relevant statistics and information, and assign unique identifiers to the Device you use to access the Services for the same purposes. We may associate the information obtained through these Logging Technologies with your Personal Information so we can better customize your experience using the Services and/or the advertisements and promotions you see. By accessing and/or using the Services, whether as a guest, a registered user, or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to store your activities and your use of the Services as described in this Edu Privacy Policy.

    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:

  • Establishing your identity with the Facility (or any owner or operator thereof);
  • Verifying your eligibility to use the Services and receive various Video Content available on the Services;
  • Preventing and detecting fraud and unauthorized activity, including the infringement of our or third parties’ rights; and Complying with legal obligations or legal process.
  • 4.1 Personal Information. We may use your Personal Information for the following purposes:

  • Any purpose for which we may use your Verification Information;
  • Providing you the Services;
  • Contacting you about the features or functionality of the Services;
  • Sending you marketing and promotional e-mails, communications and other correspondence with your consent (e.g., whether obtained at the time of registration, login or any other time);
  • Responding to your questions or other requests, including with respect to technical, operational and other support matters;
  • Tailoring your experience on the Services and/or otherwise customizing what you see when you use the Services;
  • Marketing and promoting the Services, either with your consent or such that no Personal Information is disclosed to a third party;
  • Tracking your return visits to, and use of, the Services; and
  • For other purposes disclosed at the time you provide us with Personal Information.
  • 4.2 Additional Information. We may use the Additional Information for various purposes, such as for:

  • Any purpose for which we may use your Verification Information or Personal Information;
  • Research and internal purposes and/or to provide de-identified reporting for internal and external clients, including business partners and other third parties (e.g., Nielsen);
  • Accumulating and reporting aggregate, statistical information in connection with the Services and user activity;
  • Enhancing and improving the Services and display advertising, marketing and promotional information and content;
  • Saving certain Additional Information for use on your return visits to the Services; and
  • Other purposes disclosed at the time you provide us with the Additional Information or which are reasonably necessary to provide the Service.
  • 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.

    Although we may personalize television advertising for you based on data we collect from your use of other platforms, we will not use cookies, web beacons, or similar technologies to indirectly provide third parties with your Information. We may use personalized links in the context of your consent to visit a third party site (for example, if you voluntarily click on an advertisement), provided that we do not implicitly associate your Personal Information with the clicking of any such link.

    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 privacy@philo.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.

    5.2 Other Uses. We do not sell, rent, lease or disclose your Personal Information to third parties, except if you consent to such disclosure or as otherwise described in this Edu Privacy Policy. We reserve all rights with respect to any de-identified, aggregated data that we collect in connection with your use of the Services, including, but not limited to, for the purposes described in Section 4 above. Our affiliated companies, including all of their respective business units, subsidiaries, affiliates and platforms may obtain from us and be able to use your Personal Information only in accordance with this Edu Privacy Policy. You can choose to opt-out of certain such uses as described in Section 5 above. We may share, disclose and/or sell Additional Information to third parties, but we do not disclose Personal Information to them except with your consent and as described in this Edu Privacy Policy. For example, we will not disclose any of your Personal Information to advertisers unless we tell you prior to disclosure that you can choose to share your Personal Information with advertisers and you subsequently opt in to such sharing..

    6. SHARING AND DISCLOSURE OF INFORMATION.

    6.1 General Disclosure. We do not sell, rent, lease or disclose your Personal Information to third parties, except if you consent to such disclosure or as otherwise described in this Edu Privacy Policy. We reserve all rights with respect to any de-identified, aggregated data that we collect in connection with your use of the Services, including, but not limited to, for the purposes described in Section 4 above. Our affiliated companies, including all of their respective business units, subsidiaries, affiliates and platforms may obtain from us and be able to use your Personal Information only in accordance with this Edu Privacy Policy. You can choose to opt-out of certain such uses as described in Section 5 above. We may share, disclose and/or sell Additional Information to third parties, but we do not disclose Personal Information to them except with your consent and as described in this Edu Privacy Policy. For example, we will not disclose any of your Personal Information to advertisers unless we tell you prior to disclosure that you can choose to share your Personal Information with advertisers and you subsequently opt in to such sharing.

    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.

    6.4 Other Third Parties. Please be aware that joint ventures in which we participate and our affiliated companies, including all of their respective business units, subsidiaries, affiliates and platforms, may obtain from us and be able to use your Information in accordance with this Edu Privacy Policy. In addition, if Philo sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a reorganization, dissolution, merger, transfer of all or a material part of its business or other similar event, Philo may transfer your Verification Information, Personal Information and Additional Information to the party or parties involved in the transaction as part of that transaction who may use that Information in accordance with this Edu Privacy Policy.

    Information and other Information for the purposes permitted in Section 4 above.

    6.5 Affiliated Media Content Providers. If you use Philo to sign on to applications offered by affiliated media content providers (for example, HBO GO or other “TV Everywhere” applications), Philo may share your Verification Information with them solely to the extent necessary to certify to such partners that you are entitled to use those applications. We may also provide relevant Additional Information to them pursuant to this Edu Privacy Policy. Your use of such applications is optional and may be subject to separate terms of use and privacy policy(ies) provided by the applicable media content provider.

    6.6 Additional Disclosures. There may be instances when we may access or disclose Information without providing you a choice in the following circumstances: (a) to protect or defend the legal rights or property of Philo; (b) to protect the safety and security of the Services and users; (c) to protect against fraud or for risk management purposes; (d) if we believe your actions violate the Terms of Service Agreement, this Edu Privacy Policy and/or any Additional Terms; or (e) to comply with law or legal process.

    7. USER CHOICE AND ACCESS.

    By using the Edu Services, you (a) expressly choose to receive certain communications from us and, unless you otherwise indicate, certain third parties as described in this Edu Privacy Policy, and (b) expressly agree to the privacy practices described herein. You may change your privacy preferences (e.g., choose to cease receiving certain communications or ask us not to share your Personal Information with a particular third party) by sending an email to us at privacy@philo.com detailing your privacy request. Other privacy preferences (e.g., deactivating your user account) may be made by modifying your account settings on the Edu Services. Except as described in this Edu Privacy Policy, we will get your permission before we use the Personal Information you provide to us in a way that is inconsistent with the purpose for which it was submitted or share your Personal Information with third parties that are not affiliated with us. If you ask us to stop using your Personal Information, we will honor that request to the best of our ability, but we will not be able to delete any Personal Information you consented to be provided to certain third parties, and we will always retain a record of any Personal Information as necessary to comply with applicable law. However, you may be unable to continue to use a Service (or certain features thereof), if you require us to stop using your Personal Information. You always have the right to access and correct the Personal Information you have provided and generally you may review, update or delete certain Information collected by the Edu Services at any time by accessing your account as described in this Section 7 or by contacting us as described in Section 15. If you wish us to stop using your Verification Information, you should deactivate your account by modifying your account settings on the Edu Services.

    We do not currently respond to web browser “do not track” signals or other mechanisms that provide a method to opt out of the collection of information over time and across third-party websites. If we do so in the future, we will describe how we do so in this privacy policy. For more information about do not track, visit www.allaboutdnt.org.

    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.

    9. SECURITY.

    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 privacy@philo.com 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.

    11. LINKS.

    The Edu Services may be linked to other sites and platforms operated by other companies. The Edu Services may also feature advertisements from other third parties. Philo does not verify, endorse, or have any responsibility, obligation or liability for (a) URLs or hyperlinks referenced or included anywhere in connection with the Edu Services or any other form of link or re-direction of your connection to, with or through the Edu Services or (b) any Third Party Services. Philo encourages you to be aware when you leave the Edu Services and to read the terms and conditions and privacy policy of each Third Party Service you use. Likewise, this Edu Privacy Policy does not govern your use of other sites and platforms operated by other companies that are linked to from the Edu Services.

    12. PRIVACY POLICY CHANGES.

    From time to time we may modify this Edu Privacy Policy to reflect industry initiatives or changes in the law, our Information collection and use practices, the features of the Edu Services, or technology, and such modifications shall be effective upon posting. Your continued use of the Edu Services after we post a revised Edu Privacy Policy signifies your acceptance of the revised Edu Privacy Policy. It is therefore important that you review this Edu Privacy Policy regularly to ensure you are updated as to any changes. If we materially change our practices regarding collection, use or disclosure of your Personal Information, your Personal Information will continue to be governed by the privacy policy under which it was collected unless you have been provided notice of, and have opted-in to, the change.

    13. CONTACT US.

    If you have any questions about our privacy practices or any of the terms or conditions of this Edu Privacy Policy, please feel free to contact us at:

    Email: privacy@philo.com

    OR

    Philo, Inc. Attn: Privacy, 772 Bryant Street, San Francisco, CA 94107

    14. SOLE STATEMENT.

    Without limiting any agreement between you and your Facility (or any owner or operator thereof), this document is the sole statement of the Edu Privacy Policy for the Edu Services provided or performed by Philo.

    This Edu Privacy Policy was last modified on the date indicated above and is effective on such date.

    Copyright © 2017 Philo, Inc.