Quality of Experience
Effective as of April 28, 2020
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If you provide information to us in connection with applying for a job, please note that such information is governed by our Candidate Privacy Notice.
“Personal Information” is information from which you can be personally identified. This includes your name, email address, location, job title and company or employer, your user ID and password when you access the Services, and other information you tell us about yourself if such information is tied to other information that identifies you. In certain jurisdictions, Personal Information also includes other information that relates to you or could be used to identify you, including your subscriber ID and your IP address.
Personal Information does not include “anonymous information”, which is data from which we cannot identify an individual or from which individual identities or other personal information has been removed. It may include information that has been aggregated.
The source of the personal information we collect is the individual to whom the personal information relates.
Information Collected from Use of the Site
Conviva collects Personal Information such as your name, email address, company, and region (“Identification Information”) when you take certain actions on the Site, such as requesting to download our white paper or joining our marketing list. We also automatically collect information related to your Site visit, including IP address, internet service provider (ISP), referring/exit pages (where you go from our Site), date/time stamp, clickstream data (how you came to our Site) as well as your browser and operating system types (“Internet Activity Information”).
Information Collected from Customers
Conviva’s Social Insights Services include the use of features of and/or connections with certain third-party social media services, including Facebook, YouTube and Twitter (“Social Media Services”). To enable the Social Insights Services, Customers must authenticate their social media account(s) with the Social Media Services. Through API “calls” to the Social Media Services, Conviva collects and tracks metrics and metadata from the End-Users’ activity on those authenticated accounts in order to provide Customers with consumption analytics and audience intelligence information. Conviva cannot identify individuals using this information. The following additional terms apply with regard to your use of the Social Media Services:
For Conviva Services other than Social Insights, Conviva automatically computes and records anonymous information from the Conviva-enabled media player on an End-User’s computer, cellphone, tablet or other mobile device, such as internet service provider (ISP), information about content being viewed on the Customer’s platform, viewing device type, service quality and statistics, device advertising identifiers, geolocation information including GPS coordinates and cell tower ID, and browser and operating system types. Subject to our agreements with our Customers, we may collect additional information from an End-User’s interactions with our Customers’ services (“End-User Information”). For instance, Customers may also decide to provide other Personal Information associated with End-Users, such as viewer ID numbers, unique device identifiers and other specific geolocation information. Conviva cannot identify End-Users using such information.
Certain Services, such as Experience Insights Services, include the use of third-party features and/or connections including the following:
We store the information collected from our Customers in log files and provide this to our Customers.
Information collected for administrative and contact purposes
Conviva may keep a record of your contact information if you have contacted us via our Site. Conviva may require our Customers to provide certain Personal Information of their employees when they become Conviva’s Customers, so we may have received your Personal Information directly from your employer, if they are a Conviva Customer. If you wish to contact our Site or file a support request, we will collect Personal Information such as your first and last name, email address and phone number. The information described in this paragraph will be referred to collectively as “Administrative and Contact Information.”
How we use your Personal Information
Conviva uses information we collect for the following business purposes in the performance of our legitimate interests as a business: to provide the Services to our Customers; to enhance your video viewing experience; to improve our Services and develop new services; to analyze interactions with our Site; to contact you; to conduct innovative research; and to provide anonymous intelligent analytic and benchmark reporting for Customers.
In addition, we also use Personal Information for the following commercial purposes:
Newsletters, Marketing, and Opt-out Preferences
If you subscribe to our newsletter(s) and/or marketing emails, we will use your name and email address to send the newsletter or marketing emails to you. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us at email@example.com.
We may also send you service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature.
We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. You may ask us to update or delete your testimonial by contacting us at firstname.lastname@example.org. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.
Our website offers publicly accessible blogs or community forums. In order to provide this element of the Service to you, you may choose to post Personal Information on such blogs or community forums which we will host for your benefit. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your Personal Information from our blog or community forum, contact us at email@example.com. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.
Social Media Widgets
How we share your Personal Information and who we share it with
We do not sell your Personal Information.
We may disclose information, including your Identification Information, Internet Activity Information, and Administrative and Contact Information under the following circumstances:
These companies listed above are authorized to use your Personal Information only as necessary to provide these services to us and/or for us to provide the services requested by our Customers.
Some of our pages utilize framing techniques to serve content to or from our partners while preserving the look and feel of our Site. Please be aware that, when you view such content, those third parties may be collecting Personal Information from you about your viewing of that content.
Links to Other Sites
The Site contains links to other sites that are not owned or controlled by Conviva. Please be aware that we are not responsible for the privacy practices or use of your Personal Information by such other sites.
We encourage you to be aware when you leave our Site and to read the privacy policies of each and every website that collects Personal Information.
Technologies such as cookies, beacons, tags and scripts are used by Conviva and our partners, affiliates, or analytics or service providers. These technologies are used in analyzing trends, administering the Site, tracking users’ movements around the Site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security and you use the Site and Services at your own risk.
Conviva limits the access to your Personal Information about you to Conviva employees who are required to handle that information to provide services to you or in order to perform their jobs.
Conviva does not knowingly collect Personal Information from children under 16. If you become aware that a child under 16 has provided us with Personal Information without the consent of their parent or guardian, you should contact us. If we become aware that a child under 16 has provided us with Personal Information, we will delete such information from our files.
Your Personal Information may be transferred to, and maintained on, computers located outside of your state, province, country or other government jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside of the United States and choose to provide your Personal Information to Conviva, please be advised that we transfer all information including Personal Information to the United States and process it in the United States. If you are using the Services in the European Economic Area (the “EEA”), then we will transfer your Personal Information outside of the EEA in accordance with applicable law, through the use of data transfer agreements authorized by the European Commission or other applicable supervisory authority.
To the extent provided for by law and subject to applicable exceptions, you may have the following rights in relation to the Identification Information, Internet Activity Information, and Administrative and Contact Information we collect:
Please contact firstname.lastname@example.org to exercise these rights.
Please note that we may require you to verify your login credentials before you can submit a request in order to protect your Personal Information. If you do not have an account with us, or if we suspect fraudulent or malicious activity, we may ask you to provide additional Personal Information for verification. If you submit a request through an authorized agent, the agent must present signed written permission to act on your behalf and you may also be required to independently verify your identity with us. If we cannot verify your identity, we may deny your request.
Please note that these rights do not apply to End-User Information. If you are an End-User, please contact the Customer directly to make any of the requests described in this Section 8 regarding your End-User Information.
If you are a Customer and you have authenticated your YouTube user account in order to receive Social Insights Services, you may also revoke our access to receiving data from YouTube’s applicable APIs via the Google security settings page located at https://security.google.com/settings/security/permissions.
We will retain Personal Information about your use of the Site for marketing purposes until you request to be removed from our marketing lists, in which case we will delete it except where we need to keep any Personal Information about you to prevent marketing to you again without your permission, comply with our legal obligations, resolve disputes, or enforce our agreements. We will retain any Personal Information you submit as part of a job application or job alert notification for as long as we deem it necessary to evaluate your application for employment opportunities.
We will retain your Personal Information collected in connection with your use of the Services, such as account login information, for as long as your account or your employer’s account is active (whichever is longer) or as needed to provide you or your employer with the Services. Once you and your employer have closed your account we’ll delete your account information (including any Personal Information) within one month after account closure except where we need to keep any Personal Information to prevent fraud or other misuse of the Services, as necessary to comply with our legal obligations, resolve disputes, or enforce our agreements. We retain anonymous information, such as service statistics.
989 East Hillsdale Boulevard, Suite 400
Foster City, CA 94404 USA
Conviva’s EU-based representative, Conviva Ltd., also can be contacted at:
2-7 Clerkenwell Green
London, EC1R 0DE
Attention: General Manager
In the EEA, you may make a complaint to our supervisory body for data protection matters (for example, the UK Information Commissioners’ Office) or seek a remedy through local courts if you believe your rights have been breached.
Effective as of April 28, 2020
This Candidate Privacy Notice (“Notice”) applies to personal information Conviva Inc., including any of its affiliates (collectively “Conviva,” “we” or “us”), collects about its job applicants and how it handles such information during the application process.
“Personal information” is information from which you can be personally identified. This includes your name, email address, location, job title and company or employer, your user ID and password when you access the Services, and other information you tell us about yourself if such information is tied to other information that identifies you. In certain jurisdictions, personal information also includes other information that relates to you or could be used to identify you, including your subscriber ID and your IP address.
Personal information does not include “anonymous information”, which is data from which we cannot identify an individual or from which individual identities or other personal information has been removed. Anonymous information may include information that has been aggregated.
You are being provided this Notice because you are applying for work with us (whether as an employee or contractor). When you sign-up for job alerts or apply to a job posting directly with Conviva, the personal data contained in your application will be collected by Conviva’s third party provider(s) and shared with us.
Types of Information Collected
In connection with your application for work with us, we will collect, store, and use the following categories of personal information about you:
Sensitive Information: We may also collect, store and use the following types of more sensitive personal information:
How is your personal information collected?
We collect personal information about candidates from the following sources:
Purpose and Basis for Processing
We will use the personal information we collect about you for the following business purposes:
We will normally only collect and process your information where:
Where we collect and process special categories of data (for example, race, gender), then we will only process such information:
We will typically use your particularly sensitive personal information in the following ways:
What happens if you do not provide personal information?
If you fail to provide information which is necessary for us to consider your application (such as evidence of qualifications or work history) when requested, we will not be able to process your application successfully. For example, if we require a background check or references for the role you apply for and you fail to provide us with relevant details, we will not be able to take your application further.
If we extend an offer to you and you agree to continue the application process, we will perform a background check and collect information about your criminal conviction history and verification of your prior education and employment history. We require background checks in order to confirm that there is nothing in your criminal convictions history which makes you unsuitable for the role and that your education and employment history is consistent with what we have in your application file. Any employment offer is conditional upon a successful background clearance check.
Data Sharing with Third Parties
We will only share your personal information with third parties acting on our behalf for the purposes of processing your application. All our third-party service providers are required to take appropriate security measures to protect your personal information in accordance with our policies.
Data Transfer Abroad
We operate internationally and, as a result, if such data does not originate from within the United States, we will transfer candidate information across international borders, including from the European Economic Area (EEA) to the United States, for processing and storage. To the extent that your data is transferred outside the EEA, we will transfer such data consistent with applicable data protection laws.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need-to-know.
We may retain your personal information for up to three (3) years, or longer with your consent, for the purposes of evaluating your application for (1) the position you have applied for, or (2) future job openings with Conviva. We also retain your personal information for as long as needed so that we can show, in the event of a legal claim, that we have not discriminated against candidates on prohibited grounds and that we have conducted the recruitment exercise in a fair and transparent way.
Your Data Rights
To the extent provided for by law and subject to applicable exceptions, you may have the following rights in relation to the Identification Information, Internet Activity Information, and Administrative and Contact Information we collect:
If you wish to exercise any of these rights, please contact email@example.com. We may request proof of identification to verify your request.
If you require clarification regarding this Notice, or need to access it in an alternative format, please contact firstname.lastname@example.org. If you are a job candidate in the EEA, you have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.
Effective as of September 12, 2019
A cookie is a small text file containing a unique identification number that is placed on the hard disk of your computer by a Web page server, enabling the Web server to identify your Web browser and passively track its activities on that website. Cookies do not contain any executable code and cannot be used for infecting your computer with a virus.
Conviva may use necessary cookies to enable user movement, maintain preferences, collect and retain profile and login information, and to provide other features that are integral to the Site’s functionality. These cookies cannot be disabled through Conviva’s Cookie Consent Tool but may be disabled through your browser settings.
|cookielawinfo-checkbox-advertisement||persistent||1 year||This cookie is set by GDPR Cookie Consent plugin. The purpose of this cookie is to check whether or not the user has given their consent to the usage of cookies under the category 'Advertisement'.|
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|JSESSIONID||1||1 year||Used by sites written in JSP. General purpose platform session cookies that are used to maintain users' state across page requests.|
Conviva uses certain third-party analytics cookies to collect information about how visitors use the Site and interact with it. The collected data allows us to improve our Site.
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|__utmc||persistent||1 year||The cookie is set by Google Analytics and is deleted when the user closes the browser. The cookie is not used by ga.js. The cookie is used to enable interoperability with urchin.js which is an older version of Google analytics and used in conjunction with the __utmb cookie to determine new sessions/visits.|
|__utmt_~1||persistent||10 minutes||This cookie is set by Google Analytics. According to their documentation it is used to throttle the request rate for the service - limiting the collection of data on high traffic sites.|
|__utmt_~3||persistent||10 minutes||This cookie is set by Google Analytics. According to their documentation it is used to throttle the request rate for the service - limiting the collection of data on high traffic sites.|
|__utmv||persistent||2 years||This cookie is set by Google Analytics. The cookie is used to store visitor-level custom variable data and is updated every time data is sent to Google Analytics.|
|__utmz||persistent||6 months||This cookie is set by Google analytics and is used to store the traffic source or campaign through which the visitor reached your site.|
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|_gid||persistent||1 day||This cookie is installed by Google Analytics. The cookie is used to store information of how visitors use a website and helps in creating an analytics report of how the wbsite is doing. The data collected including the number visitors, the source where they have come from, and the pages viisted in an anonymous form.|
|_uv_id||persistent||2 years||LinkedIn: Collects data on the user's visits to the website, such as which pages have been read.|
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|driftt_sid||persistent||30 minutes||This is the session identifier token. It is used to tie the visitor on your website with a current website session within the Drift system. This is enables session-specific features, such as popping up a messaging only once during a 30 minute session as to prevent a disruptive experience.|
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|vuid||Third Party||2 Years||These cookies are used by the Vimeo video player on websites.|
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Conviva uses certain third-party marketing cookies to better understand what advertisements visitors to our Site view prior to visiting our Site and when engaging directly on the Site. The collected data is used to evaluate the effectiveness of our marketing campaigns and to provide better targeted marketing for our audiences based on their browsing activities and interests. If you do not wish to have this information used to serve you interest-based ads, you may change your preferences from within Conviva’s Cookie Consent Tool or via your browser. In addition, you may opt-out by emailing us at email@example.com.
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|IDE||1||2 years||Used by Google DoubleClick and stores information about how the user uses the website and any other advertisement before visiting the website. This is used to present users with ads that are relevant to them according to the user profile.|
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Conviva uses a third-party cookie to store your preferred language when using the Site.
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Cookie Consent Tool
Conviva’s Cookie Consent Tool (“Consent Tool”) allows you to customize your third-party cookie preferences. If you click “Accept,” you will have consented to the use of all cookies that we deploy on the Site. Alternatively, you can click on “Cookie Settings” to disable and/or enable certain third-party cookies. Necessary cookies cannot be disabled through the Consent Tool. Our Consent Tool will record your selected preferences and will request your consent again every twelve (12) months to ensure you stay up-to-date with the changes to our cookie and privacy policies. If you want to change your cookie settings prior to the annual re-consent, then you will need to update your preferences through your browser(s). You can delete the applicable cookies from your browser and the Consent Tool will reappear the next time you visit the Site. The Consent Tool does not correspond to your chosen settings if you click on third-party websites that link out from within the Site.
Using your Browser
Most web browsers allow you to configure your browser settings to accept and reject cookies based upon your visits to a particular website. You can change your settings in the preferences or options menus of your browser. Depending on the specific cookie, cookies will stay on your browser for the specific durations noted above unless you change your browser settings and/or clear your cookies. Below are links to the help files of common browsers to assist you in learning more about how these browsers handle cookies and what you can do to disable them. If you don’t see your browser below, please see that browser’s help information on the web to find the relevant information.
For third-party cookies, we will collect data in accordance with your selected preferences recorded via the Consent Tool and/or how you adjust your browser settings. If you previously accepted third-party cookies, then the information collected prior to any preference changes may still be used, however, we will stop collecting any further information on your use of the Site once the applicable cookies are disabled or your prior preferences expire, whichever occurs first.
Web beacons, sometimes called single-pixel GIFs, are small electronic image files that we may place on the Site Web pages and within certain email. Combined with cookies, Web beacons allow us to count the number of unique users who have visited a specific page and the number of times those pages are displayed. We can also use Web beacons to let us know how many people opened certain types of email. Information we may collect using Web beacons will be in aggregate form only and will not contain information that relates to you. Third-party advertisers may use Web beacons in their advertisements on the Site. This enables us to compile aggregated statistics and determine the effectiveness of promotional campaigns.
When you use the Site, our servers record, in a server log, information that your browser sends whenever you visit a website. Server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
For more information or questions related to our policies, please contact firstname.lastname@example.org.
Effective Date: October 21, 2019
Acceptance of Terms.
Rules and Conduct.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Website Service, that:
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website Service or any activities conducted on the Website Service; (iii) bypass any measures Company may use to prevent or restrict access to the Website Service (or other accounts, computer systems or networks connected to the Website Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Website Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites. If you are blocked by Company from accessing the Website Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Website Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Request for Information.
Third Party Sites.
The Website Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under Company’s control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Company and Site Content.
You agree that the Website Service contains Content specifically provided by Company or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Website Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.
You may, to the extent the Sites expressly authorize you to do so, download or copy the Content, and other items displayed on the Sites for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content’s copyright notice.
User Content Transmitted Through the Website Service.
With respect to the Content you upload through the Website Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant Company and its affiliates a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Website Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website Service (“Submissions”), provided by you to Company are non-confidential and Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Sites; what Content you access via the Sites; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Sites. The Sites may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Sites, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites.
THE WEBSITE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE WEBSITE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE WEBSITE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE WEBSITE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE SERVICE IS SOLELY AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18 USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY WITH REGARD TO ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Website Service.
General Content Disclaimer.
The Content provided by or through the Website Service is for informational purposes only, and should not be relied upon. Company makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of such Content. No Content is intended to substitute for personal advice from a qualified professional. When applicable, always seek the advice of a qualified professional, and never disregard professional advice or delay in seeking it because of any Content.
By using the Website Service, you agree that Company shall not be responsible for (1) any Content, (2) any person’s reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Website Service.
Limitation of Liability.
IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE WEBSITE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE WEBSITE SERVICE OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “WARRANTY DISCLAIMER” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Company makes no representation that the Content is appropriate or available for use in locations outside of California, and accessing the Website Service is prohibited from territories where such Content is illegal. If you access the Website Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
c. Pre-Arbitration Dispute Resolution
Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company should be sent to 989 East Hillsdale Boulevard, Suite 400, Foster City, CA 94404, Attn: Legal Department (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.
d. Arbitration Procedures
Unless Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Company will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Company will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules. The prevailing party in the arbitration will be entitled to recover the Arbitration Fees it has paid or owes and its reasonable costs and attorneys’ fees.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
h. Future Changes to Arbitration Agreement
Integration and Severability.
Copyright and Trademark Notices.
Conviva, the Conviva Logo, LivePass, Conviva Experience Live, Experience Excellence, #ExperienceExcellence, and The Pulse of Online Video are either trademarks or registered trademarks of Company. The names of actual companies and products mentioned at the Sites may be the trademarks of their respective owners.
You may contact Company at the following address:
989 East Hillsdale Boulevard Suite 400
Foster City, CA 94404
GDPR’s “security-by-design” principle resonates with us as we have incorporated best-in-class security measures throughout our systems and processes, including data encryption, minimization, pseudonymization, penetration testing, authentication, authorization controls, and training. For us, security begins with data collection via the Conviva SDK, which enables customers to control what personal data, if any, is collected. In addition, we:
We respect our customers’ rights to request access to, and control and deletion of, personal data as required by applicable law. Customers may request access to, or that we delete and stop collecting, personal data by submitting a Support Form found in the help drop-down menu of our Insights web portal. The deletion, and/or cessation of the collection, of personal data may impact the capabilities of certain of our services. Any questions or requests for assistance with the above should be directed to our customer support team at firstname.lastname@example.org.
Conviva retains personal data collected from our customers in connection with their use of our services, such as account login information, for as long as the customer’s account is active or as needed for us to provide the services to the customer. If any personal data is collected from our customers’ end users (such as IP addresses and viewer ID numbers), then we retain this personal data for up to thirteen months after collection, unless otherwise directed by our customers. More information about our Data Access and Retention Policy can be found in the help drop-down menu of our Insights web portal. Data privacy and security are top priorities for Conviva, and we continue to invest in these essential elements of our business. With the implementation of GDPR, many Conviva customers around the world will benefit from the added privacy protections this law affords.
Effective as of November 15, 2017
Conviva Inc. (“Conviva”) responds to copyright notifications submitted pursuant to the Digital Millennium Copyright Act (“DMCA”). In accordance with the DMCA, Conviva has designated an agent to receive notifications of alleged copyright infringement occurring in the www.conviva.com domain.
If you believe that work belonging to you has been copied onto the Conviva website or Developer Community without your permission, you can report alleged copyright infringement by contacting our designated agent via email or postal mail. Submit copyright infringement notification to:
Attn: DMCA Copyright Agent
989 E. Hillsdale Blvd., Suite 400
Foster City, CA 94404
Section 512 of the DMCA outlines the statutory requirements necessary for formally reporting copyright infringement. The DMCA requires all infringement claims to be in writing and include the following information: