- Data Privacy
Updated as of December 14, 2023
See previous versions >
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 you provide information to us in connection with applying for a job, please note that such information is governed by our Candidate Privacy Notice.
1. PERSONAL INFORMATION
“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.
The source of the personal information we collect is the individual to whom the personal information relates and specifically this may be the individual who uses this Site or as it relates to our Services, this may be the Customer and/or End-User.
2. INFORMATION THAT WE COLLECT
Information Collected from Use of the Conviva Sites
Conviva collects Personal Information such as your name, email address, company, and region (“Identification Information”) when you take certain actions on the Conviva Sites, such as requesting to download our white paper or joining our marketing list. We also automatically collect information related to your Conviva 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 and engagement with the content on the pages (“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 X (“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 does not identify individuals using this information. The following additional terms apply with regard to your use of the Social Media Services:
- Your use of the Facebook and Instagram Services is subject to the then-current version of Facebook’s Terms of Service at https://www.facebook.com/legal/terms/update and Facebook’s Data Policy at https://www.facebook.com/about/privacy/update.
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 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 does not identify End-Users using such information.
Certain 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
3. INFORMATION USE AND DISCLOSURE
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 Conviva Sites; 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 Conviva Sites may offer 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
4. 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:
- Third-party service providers: We may share Personal Information with third-party service companies to facilitate or to help provide our Services. Third-party service providers include:
- IT infrastructure companies that facilitate our provision of the Services to you, such as AWS, AT&T, and Google;
- IT support service providers; Third-party service providers whose services are bundled with or part of our Services; and
- Other third-party service providers, for the purpose of tracking our Customers’ use of the Service and the Conviva Sites.
- Service providers that assist us with internal and operational functions such as billing, collections, accounting, compliance, marketing and promotions, data enhancement, hosting, customer and tech support and security.
- Partners: If a Customer obtains from a Conviva partner services that rely upon or incorporate our Services for that Customer, then we may share Personal Information with such partner for the purpose of it providing services. Conviva may also share Customer contact information with prospective partners depending if a Customer has expressed interest in certain Services and consented to Conviva sharing such information.
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.
- Business Transfers: If Conviva is involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, transition of service to another provider, or sale of all or a portion of its assets (collectively a “Transaction”), your Personal Information may be shared in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or affiliate as part of that Transaction. We will make reasonable commercial efforts to notify you via email and/or a prominent notice on our Site of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.
Some of our pages on Conviva Sites 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 Conviva Sites may contain 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 Conviva Sites and to read the privacy policies of each and every website that collects Personal Information.
5. COOKIES, TRACKING TECHNOLOGIES, AND COOKIE-BASED MARKETING
Cookies and Similar Technologies. 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 Conviva Sites, tracking users’ movements around the Conviva Sites 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.
Personalized Advertising: We may allow third-parties, such as ad exchanges, web analytics vendors and data analytics vendors to integrate with the Conviva Sites to help target or retarget ads to you (for instance, if you have shown interest in working with us), to measure the effectiveness of those ads, or simply to better understand how you interact with our Conviva Sites or our advertising (including our emails). When ads are based on your activities across various websites or apps, over time, or tied to other information about you, this is sometimes known as “personalized” or “interest-based” advertising.
We may also engage in “cross-device” advertising or CRM “onboarding” in order to market our own services to you. Cross-device advertising is when third-party vendors (or we) tie an identifier (such as a cookie ID or IP address) to information related to other devices that you may use (e.g., your computer, tablet or device) in order to measure and target advertisements tailored to your interest across devices, and to try to identify you across multiple browsers or devices. CRM “onboarding” is when third-party vendors serve you ads by associating deidentified and “hashed” codes derived from your email address to cookies when you browse the web or log into other devices or websites.
Opting Out of Personalized Advertising. If you are interested in more information about personalized or “interest-based” advertising and how you can generally control cookies and other tracking devices from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link or the Digital Advertising Alliance’s Consumer Opt-Out link to opt out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for display advertising or customize Google display network ads, visit the Google Ad Settings page. We do not control these opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.
Please note that even if you exercise the opt-out choices above, you may continue to receive advertisements — for example, ads based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browser (like some Safari browsers) is configured to reject “opt out” cookies when you opt out on the DAA or NAI websites, your opt-out may not be effective in all cases.
6. CONFIDENTIALITY AND SECURITY
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 Conviva Sites 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.
7. OUR POLICY TOWARD CHILDREN
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 or take other appropriate action.
8. INTERNATIONAL TRANSFER
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”), or in the United Kingdom (UK), then we will transfer your Personal Information outside of the EEA or UK, respectively, in accordance with applicable law, through the use of data transfer agreements authorized by the European Commission or other applicable supervisory authority.
9. ABILITY TO CHANGE OR DELETE YOUR INFORMATION AND EXERCISE OTHER RIGHTS
You have certain rights under laws such as the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR), to the extent you act as the “business” (as opposed to a service provider) or the “controller” (as opposed to a processor), under those respective laws. To the extent provided for by such laws and subject to applicable exceptions, this includes rights in relation to the Identification Information, Internet Activity Information, and Administrative and Contact Information we collect:
- the right to reasonable access to find out what Personal Information (if any) we process about you and how we are processing such Personal Information. On request, we will provide you with a copy of any of your Personal Information that we hold, and if you prefer, a list of categories of such Personal Information, categories of our sources for the information, and categories of recipients (as applicable). You have the right to correct, amend, or delete information (in accordance with applicable data protection laws). Please complete the form located here to request changes to your Personal Information gathered on our website.
- the right to request that we stop using your Personal Information. In certain circumstances we may not be able to stop using your Personal Information but, if that is the case, we’ll let you know and tell you why.
- the right to be free from discrimination (e.g. you will not be penalized) in relation to the exercise of your privacy rights described in this Section 9. We do not engage in such discrimination or financial incentives in relation to the provision of Personal Information to us.
Please submit a form to exercise any of the above rights or contact us at 1-888-203-0378. You may also exercise your rights under CCPA by visiting our CCPA page to exercise any of the above rights. You may designate an agent to make requests to exercise your rights under CCPA as described above. We may take steps both to verify the identity of the person seeking to exercise the rights listed above and to verify that your agent has been authorized to make a request on your behalf. This includes (depending on the request) providing us with a signed written authorization or a copy of a power of attorney, and where appropriate requiring the person holding such rights to verify their own identity.
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 9 regarding your End-User Information. For purposes of the CCPA, we act as a “service provider” as to such information. For purposes of the GDPR, we act as a “processor” as to such 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.
10. DATA RETENTION
We will retain Personal Information about your use of the Conviva Sites or other engagement with us for marketing purposes until you request it 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 other Personal Information related to our business relationship (or inquiries or communications related to a business relationship) for as long as that information is or may be reasonably relevant to how we offer, develop or improve our services, or until you request deletion of it.
We will retain your Personal Information, such as account login information, collected in connection with your use of the Services and disable your account within one month after account closure unless earlier closed due to our need to comply with our legal obligations, resolve disputes, or enforce our agreements. We retain anonymous information, such as service statistics.
11. COMPLAINTS, QUESTIONS AND SUGGESTIONS
989 East Hillsdale Boulevard, Suite 400
Foster City, CA 94404 USA
Conviva’s EU-based representative, Conviva Limited, also can be contacted at:
St. James House, St. James’ Square
Cheltenham, United Kingdom
Attention: General Manager
In the EEA, you may make a complaint to our supervisory body for data protection matters (for example, the European Data Protection Supervisor) or seek a remedy through local courts if you believe your rights have been breached.
Effective as of April 28, 2020
See previous versions >
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:
- Resume Information: Information you have provided in your CV/resume and cover letter.
- Application Information: Information you have provided on any application form, including name, title, address, telephone number and personal email address .
- Interview Information: Information you provide during an interview.
- Profile Information: Information available from your LinkedIn profile (where you have consented to linking your LinkedIn profile, provided consent via LinkedIn directly or through a third party contracted with LinkedIn and/or as you have made publicly available via LinkedIn).
- Background Information: Information you provide to us for purposes of conducting a background check, including prior education and employment history.
- Employment Information: Information you provide which is required to initiate your employment, such as proof of eligibility to work in a specified country (such as a passport or visa); date and place of birth; citizenship; social security or national insurance number; tax information; bank account information; benefits eligibility information and other information you provide for the purposes of starting employment or executing an employment agreement.
Sensitive Information: We may also collect, store and use the following types of more sensitive personal information:
- Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions if you have provided such information voluntarily through your CV/resume, interview process and/or LinkedIn profile.
- Information about criminal convictions and offenses.
How is your personal information collected?
We collect personal information about candidates from the following sources:
- You, the candidate.
- Information provided to our third-party applicant tracking provider.
- Information available from your LinkedIn profile (subject to you explicitly consenting to linking your LinkedIn profile).
- Our external recruitment agencies.
- Our background check provider, from which we collect the following categories of data: criminal record information and education and employment verification.
- Your named references, from whom we collect the following categories of data: confirming employment and dates of employment.
Purpose and Basis for Processing
We will use the personal information we collect about you for the following business purposes:
- Administer and process your application, including verifying your identification, experience and other information you submit and, if your application progresses, any interview information and background check information.
- Communicate with you about your application, including contacting you via phone, email or social media platforms about your application and, if your application progresses, any interview and background check information.
- Assess and evaluate your suitability for the role for which you have applied, or for other vacancies, including verifying your identification, experience and other information you submit and, if your application progresses, any interview information and background check information.
- Conduct reference and background checks as part of your application, subject to applicable law, including verifying your identification and other information you submit and, if your application progresses, we will conduct background checks on your criminal history and verify your education and employment history.
- Comply with applicable laws and employment-related requirements, including verifying identification information and information required to initiate employment, for purposes such as confirming ability to legally work in a specific location, setting up payroll, withholdings and benefits, and complying with statutory reporting requirements.
- Inform you of career opportunities, including other vacancies for which you may be eligible.
We will normally only collect and process your information where:
- we need to comply with legal obligations applicable to us (such as applicable immigration and/or employment laws and regulations);
- we need the information to fulfill our responsibilities in any actual or prospective agreement with you (such as an employment agreement or an offer of employment, if you are considered for employment);
- the processing is necessary for our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms (such as to ensure a safe working environment for all our staff, and to ensure the reliability of our candidates, and otherwise to administer and process your application, or to communicate with you about your application); or
- we have your consent to do so.
Where we collect and process special categories of data (for example, race, gender), then we will only process such information:
- where we reasonably need to do so in order to comply with our legal obligations as a prospective employer;
- where we need to do so in order to assess your working capacity;
- where we need to do so to protect your or another person’s vital interests (and we are unable to obtain your consent); or
- where you have given us your consent.
We will typically use your particularly sensitive personal information in the following ways:
- We will use information about your disability status to consider whether we need to provide appropriate adjustments during the recruitment process.
- We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.
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:
- Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
- Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
- Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal information to another party.
- Withdraw your consent to our collection and processing of your information at any time.
- Lodge a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues arising from job applicant data processed in the EEA.
If you wish to exercise any of these rights, please contact firstname.lastname@example.org. 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 email@example.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 February 15, 2022
- What cookies are
- What cookies are used when you use the Site
- How to control and delete cookies used on the Site
- Treatment of previously accepted cookies
- Other tracking technologies used on the Site
- Who to contact if you have questions
What is a cookie?
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.
What cookies are used when you use the Site?
How to Control and Delete Cookies on the Site
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.
- Chrome – Clear, enable and manage cookies
- Internet Explorer – Description of Cookies
- Firefox – Cookies
- iOS Safari (mobile) – Clear the history and cookies from Safari
- Android (mobile) – Clear cache and cookies
Editing Prior Cookie Acceptances
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.
Other Tracking Technologies
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: January 18, 2023
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:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or
- impersonates any person or entity, including any employee or representative of Company.
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
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 California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR). We provide a secure, privacy-compliant SaaS offering that is vital to our success and the success of our customers.
- We commit to follow appropriate security practices, standards, processes and precautions in accordance with GDPR. Conviva is also ISO/IEC 27001:2013 certified. Further details regarding Conviva’s security practices can be viewed here.
- We put in place an appropriate data transfer mechanism as required by GDPR when the transfer of personal data outside of the European Economic Area (“EEA”) and/or the United Kingdom (“UK”) is necessary. This includes entering into the appropriate standard contractual clauses.
- We retain personal data only for as long as necessary to provide the services our customers request, or for other essential purposes such as complying with our legal obligations, resolving disputes, and enforcing our policies.
- We assist with notifying regulators of breaches and promptly communicates any breaches to impacted customers.
- We ensure that employees and contractors authorized to process personal data have agreed to keep personal data confidential.
- We hold any sub-processors that handle personal data, including our data center partners and other vendors, to the same data management, security, and privacy practices and standards to which we hold ourselves.
- Where appropriate, we offer contractual language documenting our commitments to our customers to support their GDPR and CCPA obligations.
- We assist our customers so they can respond to data subject requests, such as for access to and/or deletion of personal data, in accordance with applicable laws.
Ways to Access, Control and Delete Personal Data
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.
If you have a question and/or request related to personal data that is collected on our www.conviva.com webpage, you can submit a form here. If you have questions or requests related to your rights under the CCPA, please visit here.
How Long We Keep Personal Data
Conviva retains personal data, such as account login information, collected from our customers in connection with their use of our services and disables customer accounts within one month after account closure unless earlier closed due to our need to comply with our legal obligations, resolve disputes, or enforce our agreements. Personal data (such as IP addresses) is collected from our customers’ end users and generally retained 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 for the protection of our company and our customers.
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:
- A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed (e.g., a link to your original work or clear description of the materials allegedly being infringed upon);
- Identification of the infringing material and information reasonably sufficient to permit Twitter to locate the material on our website or services;
- Your contact information, including your address, telephone number, and an email address;
- A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Conviva Virtual Patent Marking Notice
The following products are protected by patents in the U.S. and elsewhere for Conviva Inc. This website is provided to satisfy the virtual patent marking provisions of various jurisdictions including the virtual patent marking provisions of the America Invents Act and provide notice under 35 U.S.C. §287(a). The following list of products and patents may not be all inclusive. For example, some products listed here may be covered by patents in the United States and elsewhere that are not listed, and other products not listed here may be protected by one or more patents in the United States and elsewhere. The following list of products may be covered by one or more of the following U.S. Patents:
|Conviva Operational Data Platform