II. Our Commitment to Your Privacy
Whip Networks, Inc. (collectively, “we” or “us” or “WNI”) is pleased to provide you its online services: the thetvdb.com website (the “Site”).
Whip Networks, Inc. is a private company, established in the U.S.A., registered at 1841 Centinela Avenue, Santa Monica, CA 90404, United States and for the purposes of the General Data Protection Regulation (“GDPR”) is the data controller.
1. how and why we collect certain information from you via the Site;
2. how we use and with whom we share such information;
3. how you can access and update such information; and
4. the choices you can make about how we collect, use and share your information.
III. Information We Collect and How We Collect It
We collect information in the following ways: (i) we collect information you submit via the Site, including on the forum page; and (ii) we collect information we derive from your use of the Site. The information we gather enables us to personalize, improve and continue to operate the Service.
In connection with the Site, we collect the following types of information from and about you, including:
1. Account Information. Certain features of the Site may require you to create a user account (an “Account”). If you create an Account with us, you may be asked to provide information such as your username, password and email address.
2. User Content on the Forums. Among other features, the Site will allow you to view, create, reproduce, display, perform and share certain content to the forums on the Site. The content which may be shared by you includes videos, audio, images, graphics, written posts, comments and other forms of multimedia (collectively, “User Content”). In addition, your User Content is posted and transmitted at your own risk. We cannot control the actions of other users of the Site with whom you choose to share User Content. Therefore, we cannot and do not guarantee that your User Content will not be viewed by unauthorized persons.
3. Technical Usage Information. When you use the Site we will automatically collect information sent to us by your computer, mobile phone, or other device. This information includes:
o IP addresses and Device IDs, and we will collect and monitor other data and information relating to your device, mobile network and standard web information about your activities on the Site such as your browser type and the pages you access on our Site. We gather and monitor this data to analyze trends, administer the Site, identify users when they visit or use the Site and track users’ movements when using the Site.
o We will use web beacons/GIF, pixel tags and/or other data and analytics, which are tools that help us to determine, for instance, whether a page has been viewed or not and, if so, how many times. When you ask us to send you information on a promotion or a newsletter, we will use web beacons to establish how many of the emails are actually opened. In general, any electronic image viewed as part of a web page, including an ad banner, can act as a web beacon. We will use web beacons to collect web usage analytics and we will use similar tools to collect such information from mobile devices.
o When you visit portions of the Site, the server housing the applicable pages automatically generates a “session log”. We use session logs to help us determine how people travel through the Site. In this way, we can structure our pages so that the information most frequently visited is easier to find. By tracking page visits, we can also determine if the information we're providing is being used. The only data gathered is the IP address from which you came, the source that referred you, the Device ID, the pages you visited and/or the date and time of those visits.
5. Information from Surveys. If you choose to participate in our surveys, in addition to your survey responses, we will also collect your IP Address.
IV. How We Use Your Information
As it is in our legitimate interests to provide our services, be responsive to you and to ensure the proper functioning of our Site, we use information that we collect about you or that you provide to us as follows:
1. to register and service your Account;
2. to secure your Account and prevent fraud;
3. for our internal records, tracking and lawful business purposes;
4. in order to contact you to respond to your questions or requests or to provide you with technical support;
5. to enable you to participate in surveys regarding your user experience and viewing interests;
6. to enable you to provide feedback to us;
7. to enable you to access and participate in the forums;
8. to provide to you and communicate with you about the services, content, features or products you use or request (including to provide you with information concerning changes to the Site which may affect your Account and/or your use of the Site) where you have provided your consent if required by applicable law;
9. to improve and monetize the Site, which may include tracking traffic, usage, trends and navigation patterns related to your activities on the Site and appending third-party aggregated data to your information;
10. to protect our or third-party rights or interests, including to enforce our Terms of Service;
11. to respond to subpoenas, court orders or legal process, or to establish or exercise our legal rights or defend against legal claims;
12. to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating our Terms of Service, which may include sharing information with other companies, lawyers, courts or other government entities;
13. in any other way we describe when you provide the information;
14. for any other purpose with your prior consent: and
15. to promote the Service and serve you advertisements.
Where permissible under applicable law, we reserve the right to send you communications regarding the operation of the Site, or to advise you of Site changes or other events or occurrences which will affect your access to or use of the Site (such as service announcements, administrative notices and the like) without offering you the opportunity to opt out of them.
Where we send you marketing communications and you do wish to opt-out of receiving future marketing communications, you may do so at any time. We may allow you to do so by clicking the opt out in any future communication, logging in to your applicable Account and you will find options for editing your preferences, or otherwise you can communicate your preferences to us by emailing us at email@example.com.
V. Sharing Your Information
TVDB does not sell personal information as “sale” is defined by the California Consumer Privacy Act. However, TVDB may share your information under certain circumstances. Your information may be shared as follows:
A. For Business Purposes. In the last 12 months, we may have shared the following categories of personal information for business purposes:
· Commercial information;
· Protected characteristics (to the extent collected, such as gender or race);
· Internet or other network activity;
· Geolocation data; and
· Inferences drawn about you from information we have collected.
The above categories of information may have been shared:
· With Service Providers Performing Services on Our Behalf. We contract with companies to perform services on our behalf, including providing the forum (which is hosted by phpBB), forthcoming osTicket (ticketing service), marketing assistance, e-mail delivery, hosting services, Site maintenance and repair, security, quality assurance, customer service, surveys (conducted by Survey Monkey), and data research and analysis, and provide your information to them in furtherance of such services. We require any third party service providers to maintain the security of the information disclosed to them.
B. For Other Purposes. In addition to the above, we may share your information in the following ways or for the following purposes:
· Safety, Security and Compliance with Law. We will disclose any information, including personal information, as is necessary to comply with any applicable law, regulation, legal process or governmental request, or to enforce our rights or to protect the safety and security of the Site or other users.
· Business Transfers. In the event WNI undergoes a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, we will transfer your personal information and other information to the successor organization in such transaction. If material changes to the Service’s privacy practices will occur as a result of the business transition, WNI or its successor will attempt to notify you, including by posting a notice on the Service so that you can elect whether to delete your Account.
· With Your Consent. We may share information with other businesses or entities when you have directed us to do so, or have otherwise consented to such sharing.
· In Aggregate Form. We may also share aggregated, non-identifiable data in bulk with our clients through the TVDB API.
VI. International Transfer of Your Information
We are a US-based company so if you are located outside of the United States, please be aware that the information that we collect from you will be transferred to, and stored at, a destination outside of your country and the European Economic Area (“EEA”) in order to provide the Site to you, and, in particular, to the United States, which may have different or less protective privacy laws than those in your country.
Where the GDPR applies and our processors of your information are located outside the EEA, such transfer will either be: (i) to a recipient certified to the US Department of Commerce's EU-US Privacy Shield; or (ii) subject to the European Commission’s model contracts for the transfer of personal data to third countries (i.e., the standard contractual clauses, the “Model Clauses”). For more information about the EU-US Privacy Shield Framework, visit the U.S. Department of Commerce's Privacy Shield website. If you would like to see a copy of the Model Clauses, please contact firstname.lastname@example.org.
VII. How Long We Retain Your Information
We will retain your information as follows for as long as we are required in order to provide the Site or our services to you, or as required to fulfill our legal requirements and defend legal claims.
After you have terminated your use of the Site, we will store your information in an aggregated and anonymized format.
VIII. How to Access and Modify Your Information
You may access and modify the information that you have provided to us as follows:
A. You may contact us at email@example.com and request to review, amend or delete your information collected by us, and/or request us to cease collecting information from you in the future.
B. If you have created an Account, you may review and make changes to certain of your personal information and other information by logging into your Account and updating your Account profile.
o (a) Functional cookies, which enhance your experience on our Site (e.g. remember what language you speak).
o (b) Performance Cookies, including provided by Google Analytics (see below for further information), which enable us to provide a better user experience based on how you use our Site.
o (c) Targeting or Advertising Cookies, which are set by third parties, including Google AdSense, and tell us and those third parties about your browsing habits, so you can be provided with advertising that is more relevant to you.
o (d) Social Media Cookies, which are set by Social Networking Services and allow you to share what you’ve been doing on the Site on social media.
You have certain options to control or restrict which information we share with advertisers, Ad Networks or other Third Party Services (as defined in Section X (Third Party Services)). These options depend on whether the information is collected through the Site or the App.
Options for the Site. Most browsers are initially set up to accept cookies, however you may visit our cookie privacy center here and set your cookie preferences. We or our vendors or content partners use several common online tracking tools, including browser and flash cookies, web beacons and similar technologies, to personalize your experience on the Site, provide measurement services, and serve you targeted advertisements. Most browsers allow you to change your cookie settings. These settings will typically be found in the “options” or “preferences” menu of your browser; otherwise you should use the “Help” option in your browser for more details. Some web browsers have a "Do Not Track" feature that lets the browser specify that a user does not want to have their online activities tracked. Our website is equipped to respond to these signals. There are also available mechanisms created for the digital advertising industry, where you can register your intent not to receive targeted advertising, located at http://www.aboutads.info/choices, http://optout.networkadvertising.org/ and http://www.youronlinechoices.com.
We use Google Analytics, which is a web analytics tool that helps us understand how users engage with the Website. Like many services, Google Analytics uses first-party cookies to track user interactions, as in our case, where they are used to collect information about how users use our site. This information is used to compile reports and to help us improve our Website. The reports disclose website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit our site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page: https://tools.google.com/dlpage/gaoptout.
If you choose to disable cookies or opt out of tracking or disengage similar features on your mobile device, some or all areas of the Site may not be optimized for your use, you may not be able to access the functionality of the Site, and the advertising you receive may not be relevant to you.
If you are an individual accessing our Site from the EEA, please also see Section XV (Your EEA Privacy Rights) below.
X. Third Party Services
XI. Our Policy Towards Children
This Site is not intended for children under the age of 13. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for an Account. Children under the age of 13 should not use the Site at any time.
XII. Security of Your Information
We implement reasonable administrative, technical and physical security measures to protect the security of your information both online and offline, and we are committed to the protection of user information. In general, our business practices limit employee access to confidential information to those employees we reasonably believe need such information do their jobs.
Your Account information is protected by the password you use to access your Account. It is important that you protect and maintain the security of your Account and that you immediately notify us of any unauthorized use of your Account.
While we take reasonable precautions against possible security breaches of the Site, no website or Internet transmission is completely secure, and we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your personal information (including your Account password) safe and to log out of your Account after use.
XIV. Your California Privacy Rights
Sharing for Direct Marketing
A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (“California customer”) is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.
California customers may request further information about our compliance with this law by e-mailing firstname.lastname@example.org. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address.
California Consumer Privacy Act
The California Consumer Privacy Act (“CCPA”) provides California residents with certain additional rights regarding their personal information:
1. Right to Know
You have the right to know and see what information we have collected about you over the past 12 months, including:
o The categories of information we have collected about you;
o The categories of sources from which the information is collected;
o The business or commercial purpose for collecting your information;
o The categories of third parties with whom we have shared your information; and
o The specific pieces of information we have collected about you.
2. Right to Delete
You have the right to request that we delete the information we have collected from you (and direct our service providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:
a. Complete your transaction;
b. Provide you a good or service;
c. Perform a contract between us and you;
d. Protect your security and prosecute those responsible for breaching it;
e. Fix our system in the case of a bug;
f. Protect the free speech rights of you or other users;
g. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
h. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws;
i. Comply with a legal obligation; or
j. Make other internal and lawful uses of the information that are compatible with the context in which you provided it.
3. Non Discrimination
You have the right not to be discriminated against for exercising any of the CCPA rights listed above.
4. Exercising Your California Privacy Rights
To request access to or deletion of your personal information, or to exercise any other rights under California law, or to request a copy of your personal information, please email us at email@example.com with your request or mail us your request at Whip Networks, Inc., 1841 Centinela Ave., Santa Monica, CA 90404.
5. Response Timing and Format
We aim to respond to a CCPA request for access or deletion within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension period in writing.
XV. Your EEA Privacy Rights
If you are located in the EEA, you may have certain rights under the GDPR as set out below.
A. Access and Portability: You have the right to ask us to access the personal information we hold about you and be provided with certain information about how we use your information and who we share it with. Where you have provided your personal information to us on the basis of our contract with you or on the basis of your consent, you have the right to ask us for a copy of this information in a structured, machine readable format and to ask us to share (port) this data to another data controller.
B. Right to deletion: In certain circumstances, you have the right to ask us to delete the personal information we hold about you:
1. where you believe that it is no longer necessary for us to hold your information;
2. where we are processing your information on the basis of legitimate interests and you object to such processing and we cannot demonstrate an overriding legitimate ground for the processing;
3. where you have provided your information to us with your consent and you wish to withdraw your consent and there is no other ground under which we can process your information; or
4. where you believe the personal information we hold about you is being unlawfully processed by us.
C. Restriction: In certain circumstances, you have the right to ask us to restrict (stop any active) processing of your personal information:
1. where you believe the information we hold about you is inaccurate and while we verify accuracy;
2. where we want to erase your information as the processing is unlawful but you want us to continue to store it;
3. where we no longer need your information for the purposes of our processing but you require us to retain the data for the establishment, exercise or defense of legal claims; or
4. where you have objected to us processing your information based on our legitimate interests and we are considering your objection.
D. In addition, you can object to our processing of your personal information based on our legitimate interests and we will no longer process your personal data unless we can demonstrate an overriding legitimate ground.
E. At any time you have the right to object to our processing of information about you in order to send you marketing, including where we build profiles for such purposes, and we will stop processing the data for that purpose.
F. To exercise any of these rights above, please contact us at firstname.lastname@example.org.
G. Please note that these rights are limited, for example, where fulfilling your request would adversely affect other individuals where there are overriding public interest reasons or where we are required by law to retain your personal data.
XVI. Contact Us
In the event that you wish to make a complaint about how we process your personal information, please contact us in the first instance at email@example.com and we will endeavor to deal with your request as soon as possible. This is without prejudice to your right to raise a complaint with a relevant supervisory authority.