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Privacy Policy

May 24, 2018


Thank you for visiting Viddler.com. We are committed to protecting your privacy and, for that reason, we have adopted this Privacy Policy to memorialize our data collection and disclosure practices for the Viddler Platform and its related tools and services (collectively, the “Services”). The Services are owned and operated by Viddler, Inc., a Delaware Corporation (“we”, “us” or “our”), but the content transmitted through the Services, such as (but not limited to) video content, may be owned and distributed by our customers. This Privacy Policy applies to information collected through the Services, which may be used directly on our domains or may appear from one of our customers’ domains, as well as other information provided to us online or offline by users of our Services; however, it does not apply to information collected from our employees, contractors or vendors. This Privacy also does not apply to our customers’ confidential information or information generated in connection with providing the Services to our customers, which is governed by the Business Services Agreement available here.

This Privacy Policy describes, among other things:

By using the Services, you consent to this Privacy Policy. If you do not agree with this Privacy Policy, please do not use the Services. Information gathered through the Services may be transferred, used, and stored in the United States or in other countries where our service providers or we are located. If you use the Services, you agree to the transfer, use and storage of your Personal Information (as defined below) in those countries. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. You agree that all transactions relating to the Services or Viddler.com are deemed to occur in the United States, where our servers are located.

2. COLLECTION OF YOUR PERSONAL AND OTHER INFORMATION

When you use our Services, we collect Personal Information. By “Personal Information” we mean information that can identify an individual, such as:

Names
Personal or business addresses
Email addresses
Phone numbers
Social Security numbers
Government-issued identification numbers
Credit card information (which you submit for payment purposes)
Information contained in any image, photograph or profile you choose to submit to us.

In particular, we collect the following additional types of Personal Information from you: As person responsible for billing on the account:

For non-billing person

You may always choose not to provide Personal Information, but this may prevent you from receiving certain Services.

We also collect non-Personal Information, that is, information that does not personally identify an individual. The non-Personal Information we collect includes how you interact with the Services, information generally collected or “logged” by Internet websites or Internet services when accessed or used by users, and information about your web browser or device accessing or using the Services.

Examples of the non-Personal Information we collect are:

We will not use non-Personal Information to try to identify you, and if we associate any non-Personal Information with information that personally identifies you, then we will treat it as Personal Information. As discussed in more detail below, we sometimes use cookies and other automatic information gathering technologies to gather non-Personal Information.

3. USE OF YOUR INFORMATION

Information collected by the Services may be collected by us or one of our service providers, but in either case, this Privacy Policy will govern the collection, use and sharing of the information. Our customers may also use third-party services, for example to show advertising, and those third-party services may collect or use non-personally identifying information.

We use the information we collect to:

We will only use your Personal Information in the way we specified when it was collected (including as described in this Privacy Policy).

4. DISCLOSURE OF YOUR INFORMATION

We will not disclose your Personal Information to third parties except as described below. We also will not sell or disclose your Personal Information to third parties for their own marketing purposes unless you have explicitly and affirmatively granted us permission to do so. We will disclose Personal Information to provide the Services, which will be apparent when you use or access Services or when you authorize or instruct us to do so. We may also disclose Personal Information to companies, agents, contractors, service providers or others engaged to perform functions on our behalf (such as processing of payments, provision of data storage, hosting of our website, marketing of our products and services, conducting audits, and performing web analytics).

We may also share your Personal Information with our customers, such as when you purchase a subscription to their content or services or you sign up or participate in one of their contests or otherwise submit your Personal Information to them. We will not, however, share your credit card information with them. We may also disclose your Personal Information to third parties when we believe, in good faith and in our sole discretion, that such disclosure is reasonably necessary to (a) enforce or apply the terms and conditions of the Services, including investigation of potential violations thereof, (b) comply with legal or regulatory requirements or an enforceable governmental request, (c) protect the rights, property or safety of us, our users or other third parties, (d) prevent a crime or protect national security, or (e) detect, prevent or otherwise address fraud, security or technical issues.

Finally, we reserve the right to transfer information (including your Personal Information) to a third party in the event of a sale, merger, or transfer of all or substantially all of the assets of our company relating to Viddler.com, or in the unlikely event of a bankruptcy, liquidation or receivership of our business. You will be notified via email or prominent notice on our website for 30 days of any such change in ownership or control of your Personal Information.

Lastly, we may also disclose non-Personal Information, anonymously aggregated with information about our other users, to our clients, business partners, merchants, advertisers, investors, potential buyers and other third parties if we deem such disclosure, in our sole discretion, to have sound business reasons or justifications.

5. COOKIES AND AUTOMATIC INFORMATION GATHERING TECHNOLOGIES

Every time you access our Services, or one of its web pages, we collect Non-Personal Information (discussed above in Section 2). To assist the Services in collecting and storing Non-Personal Information, we may a variety of technologies, including “Cookies,” local browser storage and “Web Beacons.” A “Cookie” is a small amount of data a website may store in your web browser that it can access when you visit it. A cookie also refers to web-browser-based storage provided by Adobe’s Flash plugin (a “Flash Cookie”). Cookies may contain user preferences, unique identifiers and other non-Personal Information. A “Web Beacon” is a small, usually-transparent image placed on a web page that allows us or our partners to collect non-Personal Information.

You can erase information stored in cookies, flash cookies, and local browser storage at any time, but you may be forced to login to the website again and you may lose some preferences or settings. You can also set your browser to refuse all website storage or to indicate when it is permitted, but some features of our Services may not function properly without it. We do not use Cookies, Web Beacons or similar technologies to store Personal Information.

6. TRANSPARENCY AND CHOICE

When you use our Services, we make good faith efforts to provide you with access to your Personal Information and either to correct this data if it is inaccurate or to delete such data at your request, in either case if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backups), or for which access is not otherwise required. In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

Please email us at privacy@viddler.com with any questions, if you need assistance accessing or changing your Personal Information, or if you would like to have your Personal Information deleted. Please be aware that if you delete your Personal Information, you may not be able to continue to use the Services. Also, even if you request that we delete your Personal Information, we may need to retain certain information for a limited period of time to satisfy our legal, audit and/or dispute resolution requirements.

You can opt out of receiving marketing emails from us by clicking on the “unsubscribe” link in the emails. Please note that it may take up to ten (10) business days for your opt-out request to be processed. Also, even if you opt of marketing emails, we may continue to send you certain account-related emails, such as notices about your account and confirmations of transactions you have requested.

7. CHILDREN

We do not knowingly collect Personal Information from users under 13 years of age. We do not authorize users under 13 years of age to use the Services. If we learn that we have collected Personal Information from a person under the age of 13, we will delete that data from our systems.

8. INFORMATION SECURITY

We utilize reasonable information security measures to safeguard your Personal Information. For example, we utilize Secure Socket Layer (SSL) encryption technology when sensitive data is transmitted over the Internet, and use firewalls to help prevent external access into our network. Unfortunately, however, no data transmission over the Internet and no method of data storage can be guaranteed to be 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its security.

We restrict access to Personal Information to our employees, contractors, service providers and agents who need to know that information in order to operate, develop or improve our Services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

9. YOUR CALIFORNIA PRIVACY RIGHTS

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.

However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer’s Personal Information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of Personal Information to third parties for direct marketing purposes and providing a cost free means to exercise that right. To prevent disclosure of your Personal Information for use in direct marketing by a third party for its own purposes, do not opt in to or authorize such use when you provide Personal Information on Viddler.com. Please note that whenever you allow your Personal Information to be shared with a third party to communicate with you, your information will be subject to that third party’s privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.

California Customers may request further information about our compliance with California’s privacy law by e-mailing privacy@viddler.com. 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 email address.

10. EU – US PRIVACY SHIELD AND DISPUTE RESOLUTION

We comply with the US-EU Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use and retention of personal information from European Union member countries. We certified that we adhere to the relevant Privacy Shield Principles. To learn more about the EU-US Privacy Shield program, and to view our certification, please visit the Privacy Shield website.

We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Privacy Policy. For complaints that cannot be resolved with complainants, we have agreed to participate in the dispute resolution procedures as required by the EU-US Privacy Shield Principles Safe Harbor program.

We are also subject to the jurisdiction of the U.S. Federal Trade Commission. The Federal Trade Commission may be contacted at the following address:

Federal Trade Commission
Attn: Consumer Response Center
600 Pennsylvania Avenue NW
Washington, DC 20580
www.consumerline@ftc.gov
www.ftc.gov

11. GENERAL DATA PROTECTION REGULATION (GDPR)

The European Union’s General Data Protection Regulation (GDPR) protects European Union data subjects’ right to privacy and the protection of personal data. Viddler will comply with the GDPR when it becomes enforceable on May 25, 2018.

Rights

You consent to the purposes for which we process your Personal Information by visiting our Websites or communicating with us and, if we have other lawful grounds to do so, we may process your Personal Information.

Notwithstanding the foregoing, you will have a right to withdraw consent to processing, where consent is the basis of processing. For the Personal Information we collect on our Websites, this means you may withdraw your consent to processing by leaving our Websites, suspend your account if you have registered on our Websites, and requesting that we delete your Personal Information by contacting us as directed below.

Our representative in the EU for the purposes of compliance with the GDPR is EPS, which may be contacted at:

Manuel Asorey
EPS
Centro de Negocios Rozas Nova
Castillo de Fuensaldaña 4, Oficina 129
28232, Las Rozas – Madrid Spain
Attn: GDPR
Email: masorey@eps.es, privacy@viddler.com

To learn more about your specific rights under the GDPR you can visit the European Commission’s page on Protection of Personal Data.

Cross-border Personal Information Transfers

Viddler is a multinational organization that is headquartered in the United States and has systems and business functions around the world. We may share your Personal Information within Viddler entities and transfer it to countries where we do business, including outside of the European Union and other European countries pursuant to standard contractual clauses. Other countries have privacy laws that are different from privacy laws in your country. We handle Personal Information as described herein regardless of location, and we strive to ensure that our employees, agents and partners in other countries act in a manner consistent with this privacy policy.

12. THIRD PARTY WEBSITES

Please note that the Services may link or be integrated with third party sites, services or apps. We are not responsible for the privacy or security policies or practices or the content of such third parties. Accordingly, we encourage you to review the privacy and security policies and terms of service of those third parties so that you understand how those websites collect, use, share and protect your information.

13. CHANGES TO THIS POLICY

We may modify or update this Privacy Policy periodically with or without prior notice by posting the updated policy on this page. You can always check the “Last Updated” date at the top of this document to see when the Privacy Policy was last changed. If we make any material changes to this Privacy Policy, we will notify you by e-mail or post a notice of the changes prior to the changes becoming effective. We encourage you to check this Privacy Policy from time to time. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING THE SERVICES AND SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES (WHICH IS THE “LAST UPDATED” DATE).

14. QUESTIONS

To ask questions about our Privacy Policy or to lodge a complaint, contact us at:

Viddler, Inc.
520 Evans St
Suite 1
Bethlehem, PA 18015 USA
Email: privacy@viddler.com