Privacy Policy

 

Effective Date: December 1, 2020

1. Introduction
2. Information We Collect
3. Use of Information We Collect
4. Sharing Information with Others
5. Sharing What You Watch
6. Your Controls and Choices, Including Opt-Out Options
7. Security and Account Access
8. Children
9. Deleting Your SimulTV Account
10. Applicable Law
11. Changes to this Privacy Policy
12. Questions/Contacting Us

 

1. Introduction

SimulTV, LLC (“SimulTV,” “we” or “us”) respects your privacy. This Privacy Policy explains the collection, use, and sharing of information from or about you, including personal information, in connection with your use of the SimulTV Services. The term “SimulTV Services” refers to our video service, including the selection of television shows, clips, movies, and other content we offer (collectively, the “Content”) and our player for viewing the Content (the “Video Player”), as well as any other products, features, tools, materials, or other services offered from time to time by SimulTV through a variety of Access Points. The term “Access Points” refers to, collectively, the SimulTV.com website (the “SimulTV Site”), applications, and other places through which the SimulTV Services may be accessed, including websites and applications of SimulTV’s third-party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed the Video Player. The information practices of third-party Access Points are governed by their own privacy policies and are not governed by this Privacy Policy; accordingly, we recommend you review the privacy policies of these third parties. Please also note that the SimulTV Services may contain links to other sites owned or operated by other companies, including our advertisers, and SimulTV does not notify you when you have chosen to click through to another website or property when using the SimulTV Services. We recommend that you review the privacy policies of such other websites or properties.

By viewing any Content or otherwise using the SimulTV Services, whether you are a subscriber, other registered user, or a visitor who has not subscribed to or registered for the SimulTV Services, you consent to the collection and use of information from or about you as explained in this Privacy Policy. If you do not consent to the collection and use of information from or about you in accordance with this Privacy Policy, then you may not use the SimulTV Services.

Please note that the website addresses (i.e., URLs) included within this Privacy Policy may not function as hyperlinks on all the Access Points. To view this Privacy Policy with clickable hyperlinks, please visit the SimulTV Site on your computer.

 

2. Information We Collect

SimulTV may collect the following information from or about you, including personal information, from the following sources:

Information You Provide to Us. We collect information you provide to us. For instance, when you register to use the SimulTV Services, we may collect identifiers and personal information including your name, email address, credit card or other payment method information, address, ZIP code, characteristics such as your age (birth date) and gender, and other information. In addition, SimulTV may collect similar information you provide to us when you respond to surveys or interactive ad units, contact SimulTV through customer service or communicate with us by other means, or participate in promotions or events. We may also collect information you provide as part of selecting your preferences, including within your account settings, and commercial information, such as the SimulTV plan(s) you purchase. SimulTV allows multiple profiles to be set up under one account, so we may collect information you provide to us if you create a profile.

 Usage, Technical and Log Data. We collect information when you use the SimulTV Services or interact with SimulTV, including when you view SimulTV advertising outside of the SimulTV Services. We may collect information from and about the browser or device you’re using and information about your internet or other electronic network activity, including through analytics tools and the technologies described below (“Data Collected Through Cookies and Similar Technologies”). This information may include your IP address, device type, browser and software characteristics (such as type and operating system), geolocation data (which may include precise location data), referral URLs, network state, device identifiers or other unique identifiers such as advertising identifiers (e.g., “ad-ID” or “IDFA”) and identifiers associated with browser cookies (see our description of “Cookies and Local Storage” below), and carrier information. We also collect information about your activity on the SimulTV Services including information about the content you view on SimulTV such as series titles and episode names (“Viewing Information”), page views, and ads you have viewed on SimulTV.

Data Collected Through Cookies and Similar Technologies. Like many online services, we use various technologies to collect usage data and store preferences. These technologies are discussed below.

Cookies and Local Storage. A cookie is a small data file that is transferred to your computer’s hard disk. We may use both session cookies and persistent cookies to better understand how you interact with the SimulTV Services or SimulTV advertising published outside of the SimulTV Services, to monitor aggregate usage by our users and web traffic routing on the SimulTV Services, and to customize Content and advertising. These uses allow us to improve the SimulTV Services. We may create a unique device or user ID for you and store it in a cookie so we can customize your experience based on your preferences.

We may collect information through other kinds of local storage (also referred to as “Flash cookies”) and HTML5 local storage, including in connection with features such as volume/mute settings for the Video Player. Because these technologies are similar to browser cookies, they are sometimes called “browser cookies,” even though they may be stored in different parts of your computer.

You can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.

Please note that disabling cookies or deleting information contained in cookies or Flash cookies may interfere with the performance and features of the SimulTV Services, including not being able to store your preferences or login information.

Web Beacons, Pixels and mobile SDKs. In addition to cookies, we may use other technologies such as web beacons or pixel tags, which can be embedded in web pages, videos, or emails, to collect certain types of information from your browser or device, check whether you have viewed a particular web page, ad, or email message, and determine, among other things, the time and date on which you viewed the Content, the IP address of your computer, and the URL of the web page from which the Content was viewed. We may also use or work with third parties including our business partners and service providers who use mobile Software Development Kits (“SDKs”) to collect information, such as advertising identifiers (e.g., “ad-ID” or “IDFA”) and information related to how mobile devices interact with the SimulTV Services.

The use of these various technologies in connection with advertising on the SimulTV Services is explained further below. To learn about opting out of interest-based or online behavioral advertising, please see the information we have provided in Section 6 (“Your Controls and Choices, Including Opt-Out Options”).

Account and Profile Data from Third-Party Services. If you choose to log-in, access or otherwise connect to the SimulTV Services, or contact SimulTV through a third-party service, we may, for example, collect identifiers including your user ID and user name associated with that service, as well as any information you make public using that service. We may also collect information you have authorized the service to share with us (such as your user ID, billing information, public profile information, email address, birthday, pages you have “liked” and other account and profile data).

Information from Partners and Other Sources. We collect information from companies through which you may access or interact with the SimulTV Services (e.g., distribution partners, including device partners and voice assistant platforms) or through which you pay for the SimulTV Services or otherwise receive access to the SimulTV Services as part of your relationship with such company (e.g., mobile phone carriers or other companies that provide services to you). The information we collect from these partners may include email address and other identifiers that support authentication, activation, and personalization of the SimulTV Services, as well as payment processing and other billing-related matters. We may also collect information about you from other sources, including service providers (e.g., data licensors, research and analytics companies, and payment processors), public databases, our marketing partners, and advertisers.

This may include information (whether identifiable, de-identified or anonymous, and whether collected online or offline) about your interests, demographic data, purchasing behavior, and your activities online (such as websites visited and advertisements viewed).

We may use the information we collect from or about you to better understand your preferences and behaviors, including to customize Content and advertising for you. We may combine the information we collect from or about you and use it in the manner described in this Privacy Policy

3. Use of Information We Collect

Use in General. We use the information we collect from or about you in order to help deliver a first-class user experience, including for the following purposes:

providing the SimulTV Services, including customer support; contacting and communicating with you, including for promotions, updates, and notifications; customizing the Content and advertising you view and evaluating how well the Content and advertising perform; identifying Content you share; administering surveys, sweepstakes, contests, and other promotional activities or events; customizing recommendations; operating and optimizing the SimulTV Services, such as by conducting analytics and research; compiling aggregate data for internal and external business purposes; detecting security incidents, preventing potentially fraudulent, illegal or harmful activities and otherwise enforcing our Terms of Use and other policies; protecting your and our rights and complying with legal obligations; other uses in accordance with our Terms of Use; and any other purpose that is disclosed to you at the time we collect the information or that is related to a request made by you.

Use of Payment Information. We use payment information, such as credit card numbers and billing ZIP code, and commercial information, such as the SimulTV plan(s) you purchase, to help provide the SimulTV Services. For example, we use payment information to process payments from a subscriber (we use a third-party payment processor to do this), to retrieve account information for a subscriber, to determine whether a subscriber is eligible for promotions, and to detect abuse of the SimulTV Services.

Use of Precise Location Data. In order to access certain SimulTV Services from your computer or mobile device, you may be required to share your device’s precise location data (e.g., latitude and longitude) with us. In addition to providing you with certain SimulTV Services, this also enables us to serve you Content related to your local area such as news and sports, depending on your subscription. This data may also be used to tailor advertising to you based on your location. To learn more about your choices with respect to our collection and use of precise location data, please see the information we have provided in Section 6 (“Your Controls and Choices, Including Opt-Out Options”).

Use of Aggregate or De-Identified Information. In addition to the individual data use described in this Privacy Policy, we may aggregate information about you and other individuals together, or otherwise “de-identify” the information about you (which means that the information does not directly or indirectly identify you). We may use information in these forms for any legitimate business purpose, including for research and analysis, administration of the SimulTV Services, advertising (e.g., improving our targeting efforts), and promotional purposes.

4. Sharing Information with Others

We may share information collected from or about you with others, including business partners, social networking services, service providers, advertisers, and other companies that are not affiliated with SimulTV, for the purposes described below.

Partners. We work with a number of business partners who help us offer the SimulTV Services, including, for example, our content programmers, distributors and device partners, and corporate owners. We may share information collected from or about you with such business partners, including email address, Viewing Information, information about the ads you view on SimulTV and account or device information (e.g., age, gender, device type, IP address, ZIP code, advertising identifiers). This information may be shared for different purposes depending on the partner, including for reporting and analytics, activating, administering, and improving and personalizing your experience with SimulTV or such partner, including by providing you with more tailored content, features, and ads on SimulTV as well as on other platforms and services. We may also engage with companies from time to time to provide you joint promotional offers and opportunities and may share with these companies data you provide or that is collected in connection with those offers (e.g., name and mailing address to fulfill a giveaway).

Service Providers. We may share information collected from or about you with companies that provide services to us, our business partners, and advertisers, including companies that assist with payment processing, analytics, data processing and management (e.g., to facilitate our targeted advertising and marketing efforts), account management, hosting, customer and technical support, marketing, advertising, measurement, and other services. The categories of information that we share with service providers will vary depending on the types of services they provide. For example, we share payment information with our third-party payment processor to assist us in our billing efforts, email addresses with our marketing service providers to assist with our email campaigns, and IP address, hashed emails, and advertising identifiers with service providers to assist in our advertising and marketing efforts.

Audience Measurement Providers. Our business partners, such as content programmers, as well as our advertisers, seek to measure the performance of their creative material across many platforms, including the SimulTV Services. Accordingly, SimulTV may permit the use of third-party measurement software that enables third parties (such as Nielsen) to use information collected from or about you (e.g., Viewing Information, ad exposure data, IP address, advertising identifiers) to include your viewing on the SimulTV Services in calculating measurement statistics such as TV Ratings. To learn more about your choices with respect to Nielsen measurement software, please see the information we have provided in Section 6 (“Your Controls and Choices, Including Opt-Out Options”).

Advertisers. We display advertisements from other companies on the SimulTV Services, often enabling users to interact with the advertisements or click through to websites or other properties owned or operated by other companies. These advertisers and their service providers may use cookies and similar technologies to collect information, from or about you through the SimulTV Services in order to tailor advertisements, measure advertising effectiveness, and enable other enhancements. This information may relate to your use of the SimulTV Services, websites you visited, advertisements you viewed, and your other activities online and may include the information described in Section 2 (“Information We Collect”). We may also compile and provide reports, including in encrypted, aggregated, or de-identified forms, to advertisers about the effectiveness of their campaigns.

Third Parties When Required By Law or When Necessary to Protect Your or Our Rights. In some instances, we may disclose information from or about you without providing you a choice. For example, we may disclose your information in the following ways: to protect the legal rights of SimulTV and our affiliates or partners; to protect the safety and security of users of the SimulTV Services or third parties; to enforce our Terms of Use; to protect against fraud; and to comply with or respond to the law or legal process or a request for cooperation by a government entity, whether or not legally required.

Third Parties in Connection with Certain Transactions. If we sell all or part of our business, make a transfer of assets, or otherwise might be involved in a change of control transaction, or in the event of bankruptcy, we may transfer information from or about you to one or more third parties as part of the transaction, including the due diligence process.

Parties with Your Consent or When You Otherwise Choose to Share. We may also share information from or about you with any party when we have your consent or when you otherwise choose to share such information. For example, certain functions within the SimulTV Services may give you the option to share information about your activities on the SimulTV Services, for example, by email, text message, social networking services, or other sharing function. In addition, you may have the option to choose to share information with our advertisers or other partners through an interactive ad unit. Information you share through third party platforms and with social networks, advertisers, and other third parties is subject to their terms of use and privacy policies which we recommend you review.

5. Sharing What You Watch

We may ask for your consent to SimulTV sharing Viewing Information together with certain personal information that we may collect (such as your name, address, email address, and precise location data) with our content programmers, service providers, and other third parties set forth in Section 4 (“Sharing Information with Others”). This information may help SimulTV or these companies personalize your experience by providing you with more tailored content, features, and ads on SimulTV as well as on other platforms and services. Please note that we request consent on a per-profile basis (i.e., for each profile) and therefore the consent provided for one profile does not apply to the consent of any other profile associated with the account. To learn how to view or change your consent preference, please see the information we have provided in Section 6 (“Your Controls and Choices, Including Opt-Out Options”). For clarity, even if you have not consented to SimulTV sharing Viewing Information together with your personal information, we may still share information collected from or about you as otherwise permitted in this Privacy Policy. For example, we may still share Viewing Information together with account or device information (e.g., IP address, ZIP code, advertising identifiers).

6. Your Controls and Choices, Including Opt-Out Options

You have the following controls and choices regarding how we and third parties use certain information collected from or about you.

Opt-Out from Promotional Communications. You may opt out of receiving promotional communications from SimulTV by accessing your account and clicking on “Manage Email Notifications” or by clicking the “unsubscribe” link in a particular promotional communication.

Please note that you cannot opt out from receiving all communications from SimulTV, including administrative messages, service announcements, and messages regarding the terms and conditions of your account because those may contain important information. You can choose to receive push notifications from SimulTV on your device and can use your device’s settings to turn them off.

Opt-Out from Nielsen Measurement. The SimulTV Services may feature Nielsen proprietary measurement software, enabling you to contribute to market research, such as Nielsen TV Ratings. To learn more about Nielsen measurement, including information about your choices with regard to Nielsen measurement software on the SimulTV Site and within our mobile applications, please see the Nielsen Digital Measurement Privacy Policy at https://www.nielsen.com/us/en/legal/privacy-statement/digital-measurement/. We may also feature Nielsen measurement software such as Nielsen Digital Ad Ratings (“DAR”) when you stream SimulTV on your television through streaming media players, smart TVs, Chromecast, Blu-ray players, gaming consoles, and similar devices. Nielsen DAR on these devices allows Nielsen to measure the performance of ad campaigns viewed by our registered users. For your choices with regard to Nielsen DAR when you use SimulTV on these devices, please visit the SimulTV Site on your computer and click “Manage Nielsen Measurement” on the “Your Account” page.

 Opt-Out Options for Third-Party Online Behavioral or Interest-Based Advertising.

Advertising that is based on information collected from or about you across websites, applications and other platforms over time is known as online behavioral or interest-based advertising. Some of the third parties (e.g., ad networks and partners; data exchanges; marketing analytics, digital advertising and marketing service providers) that collect information from or about you on the SimulTV Services in order to provide more relevant advertising to you participate in the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising and/or may be members of the Network Advertising Initiative (“NAI”). SimulTV is committed to complying with the DAA Self-Regulatory.

Principles for Online Behavioral Advertising and the DAA Application of Self-Regulatory Principles for the Mobile Environment. To learn more and to make choices about the use of information from or about you for online behavioral or interest-based advertising on websites (desktop and mobile browsers), please visit the DAA and the NAI. You may also use the opt-out mechanism in the “About Ads”link at the bottom of the SimulTV Site. For information and choices about online behavioral or interest based advertising within mobile applications, you can download the DAA’s AppChoices application from your mobile device at www.aboutads.info/appchoices or from your device’s app store. You can also exercise controls through the settings available to you through your device(s), such as re-setting your device’s advertising identifier, selecting “Limit Ad Tracking” (for iOS devices) or “Opt out of Interest-Based Ads” (for Android devices). Please note that your opt-out choices will only apply to the specific browser or device from which you opt out.

There is currently no consensus among industry participants as to what “Do Not Track” means and how to respond to “Do Not Track” browser signals. As such, we do not respond to such signals. Instead, to opt-out of website-based third-party interest-based or online behavioral advertising, please exercise one of the choices listed above.

Opt-Out from Collection of Precise Location Data from Your Mobile Device. You can opt out of our collection of precise location data from your mobile device in your device settings, for example, by disabling “Location Services” for the SimulTV application in your iOS device’s settings. Please note that by opting out of our collection of precise location data, your access to the SimulTV Services on your mobile device may be limited depending on your subscription.

Options for Sharing What You Watch. As set forth in Section 5 (“Sharing What You Watch”), we may ask for your consent to SimulTV sharing your Viewing Information together with certain personal information with our content programmers, service providers, and other third parties. If we have asked for your consent, you may view or change your consent preference by logging into SimulTV on your computer, going to your account settings, and editing your profile. If you would like to consent to SimulTV sharing your Viewing Information together with your personal information, set your “Manage Video Sharing” preference to “Yes.” If you would like to withdraw your consent, set your “Manage Video Sharing” preference to “No.” You can change your consent on a case-by-case basis by changing your “Manage Video Sharing” preference before viewing a video. Please allow us a few minutes to process any changes to your preference. Certain additional rights may be available to you if you reside in Virginia.

7. Security and Account Access

The security of your information is important to us. We use a variety of physical, technical, and administrative measures to safeguard information in our possession against loss, theft and unauthorized use, disclosure, and modification. For example, we take steps to limit access to sensitive information from or about you to those SimulTV employees, agents, and contractors who have a legitimate business reason to access such information. We also use measures like encryption and hashing to help protect sensitive information when in transmission.

Despite these efforts, please note that there is always a possibility that a breach in data transmission or storage may occur and we cannot guarantee the security of any information from or about you 100% of the time. Please refer to the U.S. Federal Trade Commission’s website for information on how to protect yourself from identity theft.

Please note that if you allow others to use your account (including others you permit to set up profiles under your account), they may be able to view information about your account or any of the profiles under your account, including information about the videos you view and your email address.

8. Children

Children under 13 years of age are not permitted to register with SimulTV. The SimulTV Services are not intended to be used by children without involvement and approval of a parent or guardian.

9. Deleting Your SimulTV Account

You may delete your SimulTV account, in accordance with our Terms of Use. You must cancel your subscription before you are able to delete your account. Please note that, after you delete your account, we may retain some information from or about you in accordance with applicable law, including for various legal, operational, accounting, and auditing purposes.

10. Applicable Law

SimulTV is headquartered in the U.S. and the SimulTV Services are intended for users in the U.S. By viewing any Content or otherwise using the SimulTV Services, you consent to the transfer of information to the U.S. to the extent applicable, and the collection, storage, and processing of information under U.S. laws.

11. Changes to this Privacy Policy

From time to time, we may revise this Privacy Policy to reflect changes in the law or the SimulTV Services or for other reasons. Therefore, it is important to check the date posted at the top of the Privacy Policy each time you visit the SimulTV Site or use any of the SimulTV Services to ensure you are familiar with our most updated policies and practices. If we make any material change to this Privacy Policy, we will provide notice to you in accordance with applicable law. Notice may be by posting a notice on the SimulTV Site, by email to you at the email address that you most recently provided to us, or by other means, consistent with applicable law. Accordingly, please keep your account information, including email address, updated.

12. Questions/Contacting Us

At SimulTV, we expect that our first-class customer support team will be able to resolve most issue you may have using SimulTV Services. In addition, if you have any questions regarding this Privacy Policy, you may email us at privacy@SimulTV.com or contact us by email addressed to:

Attention: Legal Department

IMN Systems/SimulTV

PO Bx 95

Selma, VA 24474

 

Thank you for taking the time to read this Privacy Policy. We hope you enjoy the SimulTV Services!