Experience Intelligence
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Effective as of April 28, 2020
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This privacy policy applies to www.conviva.com (the “Site“) and our services accessed through the Site, which are all owned and operated by Conviva Inc. (“Conviva”, “We”, “Us” or “Our”). In addition to describing our practices and procedures regarding the collection, use and disclosure of information we receive through our website, this policy also describes the information collected through services provided to our business customers (media companies, broadcasters and operators of online video sites) (“Customers”). The policy explains how we use that personal information in order to provide our Customers with data analytics regarding the quality of video engagement by their end-users (the “Services”) and, if you are using the Services, how we use information when you access our Services through our user interface or otherwise. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information. However, please note, if you are an end-user of one of our Customer’s services (“End-User”), then we will process your information pursuant to our agreements with our Customers. Accordingly, if you are an End-User, you can learn more about how our Customers use the information provided through our Services and the choices and requests you can make about your information by referring to our Customers’ privacy policies.
If we make material changes in the way we use personal information, we will notify you by posting a prominent announcement on our website or, if required by applicable law, sending you an email to the email address you provided when you submitted your personal information on the site prior to the change becoming effective. Users are bound by any changes to the Privacy Policy when they use the website after such changes have been first posted.
Conviva Inc. is the data controller of all personal information collected through the Site. Conviva Ltd. is Conviva’s EU-based representative and represents Conviva with regard to Conviva’s data protection obligations under this privacy policy.
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 privacy@conviva.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.
Testimonials
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 privacy@conviva.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.
Blogs
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 privacy@conviva.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
Our website includes social media features, such as Facebook and Twitter buttons and widgets, or interactive mini-programs that run on our Site. In order to provide this element of the Service to you, these features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly (for more information please see our Cookie Policy. Social media features and widgets are either hosted by a third party or hosted directly on our website. Your interactions with these features are governed by the privacy policy of the company providing the feature.
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.
Frames
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.
This privacy policy applies only to information collected by this Site.
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 use cookies, for example, to remember users’ settings (e.g. language preference) and for authentication. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Site, but your ability to use some features or areas of our Site may be limited. We and our third party service providers may use cookies or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Site. Our Site currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do so in the future, we will describe how we do so in this Privacy Policy.
Please read more about how we use cookies and what information is collected using cookies in our cookie policy found at www.conviva.com/legal.
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 privacy@conviva.com 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.
If you have any complaints about our Site or Services or need to access an alternative format of this privacy policy, please contact us at our designated request address or via email:
Conviva Inc.
Legal-Privacy Policy Issues
989 East Hillsdale Boulevard, Suite 400
Foster City, CA 94404 USA
(650) 401-8282
Privacy@conviva.com
Conviva’s EU-based representative, Conviva Ltd., also can be contacted at:
Conviva Ltd.
2-7 Clerkenwell Green
Clerkenwell
London, EC1R 0DE
United Kingdom
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.
Please review our Privacy Policy to learn how information provided through our website and/or services is processed.
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.
Background Checks
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.
Data Security
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.
Data Retention
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 privacy@conviva.com. We may request proof of identification to verify your request.
Further Information
If you require clarification regarding this Notice, or need to access it in an alternative format, please contact privacy@conviva.com. 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
Conviva uses cookies on its Conviva.com website (the “Site”). By using the Site, you consent to the use of necessary cookies and any other cookies you accepted and/or enabled using Conviva’s Cookie Consent Tool (as further detailed below). This Cookie Policy is part of our Privacy Policy and explains:
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.
Consistent with standard industry practice, Conviva uses various types of cookies. Users can control the use of cookies as further detailed below. If you reject cookies, you may still use our Site, but your ability to use some features or areas of our Site may be limited.
Necessary Cookies
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.
Cookie | Type | Duration | Description |
---|---|---|---|
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'. |
cookielawinfo-checkbox-analytics | persistent | 1 year | This cookie keep tracks of which cookies you have approved. |
cookielawinfo-checkbox-marketing | persistent | 1 year | This cookie keep tracks of which cookies you have approved. |
cookielawinfo-checkbox-necessary | persistent | 1 Year | This cookie keeps track of which cookies you have approved. |
cookielawinfo-checkbox-non-necessary | persistent | 1 year | This cookie keep tracks of which cookies you have approved. |
cookielawinfo-checkbox-performance | 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 the consent to the usage of cookies under the category 'Performance'. |
cookielawinfo-checkbox-preferences | persistent | 1 year | This cookie keep tracks of which cookies you have approved. |
csrftoken | persistent | 11 months | This cookie is associated with Django web development platform for python. Used to help protect the website against Cross-Site Request Forgery attacks |
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. |
viewed_cookie_policy | persistent | 1 hour | The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data. |
Analytics Cookies
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.
Cookie | Type | Duration | Description |
---|---|---|---|
__d_mkto | persistent | 30 minutes | This cookie is used to track engagement and conversion and to make content more engaging to users. |
__utma | persistent | 2 years | This cookie is set by Google Analytics and is used to distinguish users and sessions. The cookie is created when the JavaScript library executes and there are no existing __utma cookies. The cookie is updated every time data is sent to Google Analytics. |
__utmb | persistent | 30 minutes | This cookie is set by Google Analytics and is used to determine new sessions/visits. The cookie is created when the JavaScript library executes and there are no existing __utma cookies. The cookie is updated every time data is sent to Google Analytics. |
__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. |
_ga | persistent | 2 years | This cookie is installed by Google Analytics. The cookie is used to calculate visitor, session, camapign data and keep track of site usage for the site's analytics report. The cookies store information anonymously and assigns a randoly generated number to identify unique visitors. |
_gat_UA-nnnnnnn-nn | persistent | 1 minute | This is a pattern type cookie set by Google Analytics, where the pattern element on the name contains the unique identity number of the account or website it relates to. It appears to be a variation of the _gat cookie which is used to limit the amount of data recorded by Google on high traffic volume websites. |
_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. |
bscookie | 1 | 2 years | Used by the social networking service, LinkedIn, for tracking the use of embedded services. |
DriftPlaybook | persistent | 1 year | Drift.com |
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. |
GPS | persistent | 30 minutes | This cookie is set by Youtube and registers a unique ID for tracking users based on their geographical location. |
li_sugr | persistent | 2 months | This cookie is set by LinkedIn.com |
lidc | persistent | 1 day | This cookie is set by LinkedIn and used for routing. |
tt_webid_v2 | 1 | 1 year | Used to track user’s interaction with embedded content. |
vuid | Third Party | 2 Years | These cookies are used by the Vimeo video player on websites. |
YSC | 1 | 1 year | This cookie is set by Youtube and is used to track the views of embedded videos. |
Marketing Cookies
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 privacy@conviva.com.
Cookie | Type | Duration | Description |
---|---|---|---|
_fbp | persistent | 2 months | This cookie is set by Facebook to deliver advertisement when they are on Facebook or a digital platform powered by Facebook advertising after visiting this website. |
_gcl_au | persistent | 2 months | Google AdSense |
fr | 1 | 2 months | The cookie is set by Facebook to show relevant advertisments to the users and measure and improve the advertisements. The cookie also tracks the behavior of the user across the web on sites that have Facebook pixel or Facebook social plugin. |
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. |
lissc | persistent | 1 year | Targeting/advertising cookie hosted by LinkedIn. |
personalization_id | persistent | 2 years | This cookie carries out information about how the end user uses the website and any advertising that the end user may have seen before visiting the said website. |
UserMatchHistory | persistent | 1 month | This cookie is used to track visitors so that more relevant ads can be presented based on the visitor's preferences. |
VISITOR_INFO1_LIVE | 1 | 5 months | This cookie is set by Youtube and used to track the information of the embedded YouTube videos on a website. |
Preference Cookies
Conviva uses a third-party cookie to store your preferred language when using the Site.
Cookie | Type | Duration | Description |
---|---|---|---|
lang | persistent | 1 year | This cookie is used to store the language preferences of a user to serve up content in that stored language the next time the user visits the website. |
language | persistent | 1 year | |
UIDR | persistent | 1 year | This cookie is set bu scorecardresearch.com. The cookie is used to tracks the users activity across the internet on the browser such as visit timestamp, IP address, and most recently visited webpages. and may the data send to 3rd party for analysis and reporting to help their clients better understand user preferences. |
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
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.
Log Information
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 privacy@conviva.com.
Effective Date: October 21, 2019
PLEASE READ THESE WEBSITE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE VIEWING AND/OR USING THE SERVICES OFFERED BY CONVIVA INC. (TOGETHER WITH ITS AFFILIATES, “COMPANY”). THIS AGREEMENT CONTAINS THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS CONVIVA.COM WEBSITES OWNED AND OPERATED BY COMPANY (COLLECTIVELY, THE “SITES”) AND ANY OTHER FEATURES OR CONTENT OFFERED FROM TIME TO TIME BY COMPANY IN CONNECTION WITH THE SITES (COLLECTIVELY, “WEBSITE SERVICE”). THESE TERMS OF USE DO NOT APPLY TO YOUR USE OF THE WEBSITES PULSE.CONVIVA.COM AND COMMUNITY.CONVIVA.COM, WHICH ARE SUBJECT TO DIFFERENT TERMS OF USE AVAILABLE HERE. BY VIEWING AND/OR USING THE SITES OR WEBSITE SERVICE IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITES OR WEBSITE SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR WEBSITE SERVICES ON THE SITES.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST COMPANY TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Acceptance of Terms.
The Website Service is offered subject to acceptance without modification of these Terms of Use and all other operating rules, policies and procedures that may be published from time to time on the Sites by Company. The Website Service is only intended for individuals who are at least 16 years old. You represent and warranty that if you are an individual, you are at least 16 years old, you are of legal age to agree to these Terms of Use, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Website Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Website Service is revoked in such jurisdictions.
Modification of Terms of Use.
Company reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Website Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Sites or by sending you an email. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Website Service or changes made for legal reasons will be effective immediately. Company may also impose limits on certain features and services or restrict your access to parts or all of the Website Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Website Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Privacy.
Company’s current Sites privacy statement is located at https://www.conviva.com/legal/#Privacy-Policy (the “Privacy Policy”) and is incorporated into these Terms of Use. For inquiries in regard to the Privacy Policy, or to report a privacy related problem, please contact privacy@conviva.com.
Rules and Conduct.
As a condition of use, you promise not to use the Website Service for any purpose that is prohibited by the Terms of Use. The Website Service (including, without limitation, any Content (as defined below)) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Website Service. For purposes of the Terms of Use, the term “Content” includes, without limitation, any advertisements, advice, suggestions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company or its partners on or through the Website Service.
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.
Company reserves the right to remove any Content from the Sites or Website Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated the Terms of Use), or for no reason at all.
Request for Information.
If you want to learn more information about Conviva’s products and services, or career opportunities at Conviva, you may be asked to provide certain information through our Website Service. In so doing, you shall provide Company with accurate, complete, and updated information. Failure to do so shall constitute a breach of the Terms of Use, which may result in Company not providing you with the Website Service. Any information you provide shall be treated in accordance with the Company’s Privacy Policy.
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.
Termination.
Company may terminate your access to all or any part of the Website Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Website Service. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Warranty Disclaimer.
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.
Indemnification.
You shall defend, indemnify, and hold harmless Company, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your User Content (including any related infringement, misappropriation or violation of intellectual property or other right of any person or entity, or any violation of any law or regulation, or any inaccuracy thereof); (ii) your use or misuse of, or access to, the Sites, Website Service or Content; (iii) your violation of the Terms of Use, or (iv) any other infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.
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.
International/Non-California Use.
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.
Proceedings.
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Company agree that any cause of action arising out of or related to the Website Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America.
Subject to the Arbitration Agreement below, for all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Use of the Website Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Company, whether arising out of or relating to this Terms of Use (including any alleged breach thereof), the Website Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Use, you and Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
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 support@conviva.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
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
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.
f. Confidentiality
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.
g. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Use will continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Use to the contrary, Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Website Services, you may reject any such change by sending Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).
Integration and Severability.
Unless otherwise stated on the Site, the Terms of Use are the entire agreement between you and Company with respect to the Website Service and use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Sites. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Miscellaneous.
Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Copyright and Trademark Notices.
Unless otherwise indicated, the Terms of Use and all Content provided by Company are copyright © 2008-2019 Conviva Inc. All rights reserved.
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.
Contact.
You may contact Company at the following address:
Conviva Inc.
Legal Department
989 East Hillsdale Boulevard Suite 400
Foster City, CA 94404
(650) 401-8282
legal@conviva.com
Conviva’s business is to empower our customers to understand, improve, and act on the performance of their over-the-top video services. In providing our services, we collect and process a variety of data which may include personally identifiable information or personal data. We are committed to keeping all data secure and to comply with all laws that apply to our business, including the new European data protection law known as the General Data Protection Regulation (GDPR). As we continue to grow, providing a secure, privacy-compliant SaaS offering is vital to our success and the success of our customers. With GDPR going into effect on May 25, 2018, we’d like to tell you about the steps that Conviva is taking. First, as part of our commitment to GDPR compliance, we have updated our Privacy Policy, found here: www.conviva.com/legal/#Privacy-Policy. In addition:
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 support@conviva.com.
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:
Conviva Inc.
Attn: DMCA Copyright Agent
989 E. Hillsdale Blvd., Suite 400
Foster City, CA 94404
or
Email: dmca@conviva.com
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: