Privacy Policy
Last Update: February 23rd, 2023
Site respects your privacy and has developed this Privacy Policy to present our commitment to protecting your privacy and to explain how we collect, use, and share Personal Data from or about you in connection with your use of the Site Service.
If you reside in a country that is part of the European Economic Area (including in the United Kingdom), or Switzerland (collectively referred to as “EEA”), any reference to “ Site“, “we“, “us“, or “our” in this Privacy Policy will always refer to “ Site SA” whose details are provided here.
If you reside in a country that is not part of the European Economic Area or Switzerland, any reference to “ Site“, “we“, “us“, or “our” in this Privacy Policy will always refer to “ Site Inc.” whose details are provided here.
We encourage you to read this Privacy Policy carefully when using the Site Service or transacting business with us.
“Commercial Partner” refers to entities Site may cooperate with while carrying out its Services. In particular, Commercial Partners may include content creators, advertisers, media agencies and other actors of the on-line marketing sector. Site belongs to the Vivendi group of companies. Some of the Commercial Partners may also be fully owned by the Vivendi group and thus will also be considered as Site’s affiliates.
“Content” refers to videos uploaded on the Service, by the Users or by members of the “Partner Program”.
The terms “Personal Data,” “Data Controller,” “Joint Controller,” “Data Processor” and “Processing” used in the present Privacy Policy shall have the same meaning as defined in the General Data Protection Regulation (“GDPR”), or unless, otherwise stated herein, under applicable local data protection laws. Personal Data processed by Site is referred to as “Data”.
1. General Information
1.1. Site’s Role in Processing of Personal Data
Certain Data from or about you may be collected or otherwise processed when you use the Site Service, regardless of whether you do so as a Viewer, Visitor, User, or member of the “Partner Program” (as defined in the Site Terms of Use).
If you reside in a country that is part of the European Economic Area (“EEA”), the GDPR is applicable to the collection of your Personal Data. If you reside outside of the European Economic Area, local privacy laws are applicable to such collection, generally those of your country of residence.
Site is a Data Controller when we process your Data based on purposes that we define and using the means we choose.
We may contract with some service providers to help us implement certain aspects of your Data Processing. In doing so, these service providers act on our behalf following our instructions and thus are considered our Data Processors.
Site is a Joint Data Controller when Site and its Commercial Partners process your Personal Data together for a common purpose and using the means we jointly choose.
Our Commercial Partners are independent Data Controllers when they (or their respective Data Processors) process Your Personal Data (for purposes that they define by themselves. Depending on the applicable local laws and existing technical protocols, Site’s role is limited to the collection of your consent on behalf of these Commercial Partners, and to the transmission of collected consent to them and providing you with access to their respective privacy policies and consent management mechanisms.
Site is a Data Processor when Site participates in the implementation of some Personal Data Processing operations carried out by our Commercial Partners, who remain Data Controllers.
1.2. Legal Grounds for Processing Personal Data
1.2.1. Legal Grounds
The GDPR provides several legal basis upon which Site can rely for Processing of Personal Data, namely consent, contractual necessity, compliance with a legal obligation, vital interests of data subjects, public interest or legitimate interest. Similarly, applicable laws may provide for equivalent or additional legal grounds, as explained further below in the country specific paragraphs under Section 8.
Site Service offers access to Content in association with ads. Presence of both, Content and ads is an essential and non-dissociable part of our Service. Consequently, when we use your Personal Data to display Content and ads we rely on contract as legal ground.
When Processing your Personal Data requires your consent, ex. when your Personal Data is to be used to target the ads that are shown to you to your interests, we ask you to communicate your consent via a positive action (e.g. by clicking the “Accept” button on our Site, Secondary Site or Video Player or through another method defined under the applicable laws). When Processing of Your Personal Data is based on legal grounds other than ‘consent’, we provide you with information regarding the applicable legal ground.
1.2.2. Transparency & Consent Framework
Site participates in the “Transparency & Consent Framework” (“TCF”), developed by the Interactive Advertising Bureau (IAB) for the purpose of GDPR compliance and applies its Specifications and Policies. We operate a TCF-compliant Consent Management Platform (IAB / TCF identification number 105) for the consent collection and management for Site’s and our Commercial Partners’ data processing activities in connection with Site Service and, in general, for the communication of users’ consent to our Commercial Partners. Site is also registered with the IAB as a Vendor (IAB / TCF identification number 573). Being an IAB Vendor allows us to confine the collection of consent to the editors of websites or applications that integrate the Site Player and who participate in the TCF. If you visit such website, the cookie banner used by its publisher collects consent for that publisher and for other entities that a publisher communicates to you through such banner.
1.2.3. Refusal or Opposition to Processing
When Processing is based on consent or legitimate interest, You can always choose not to consent to Processing of some of your Data, withdraw your consent, or oppose to such Processing (unless the applicable laws authorize us not to take into account such decision) as further explained herein. However, this may limit your ability to take full advantage of the many features we offer and, consequently, deteriorate your user experience. Furthermore, Site Service offers to Visitors access to a multitude of videos without charging a corresponding fee. This is possible only by associating advertisements to the available videos. Content and ads are both integral parts of our Service and the Site Service cannot exist without either of them. Not consenting to Processing of your Data will not eliminate or limit the number of ads you are shown; it may simply result in ads which are more repetitive and likely less interesting to you.
1.3. Transfer of Data
The Data collected by us through our Service may be sent to and stored on servers located in data centers primarily located in France, or in the United States and Singapore.
Site Data Processors, be it Site’s subsidiaries or companies we contract with for certain Processing operations, may process the Data outside of your country of residence. When applicable, we ensure that legally required, appropriate contractual mechanisms are present prior to transfers of Data outside of your country of residence. In particular, when Data of EEA residents is transferred outside of the EEA to a country that European Union authorities do not consider as offering an equivalent level of protection, such transfer relies on the European Commission Standard Contractual Clauses or on Binding Corporate Rules.
2. Data we collect
We may collect Personal Data that can identify you directly, such as your name and email address, and other information that does not identify you directly. This Section explains what Personal Data we collect (2.1) and how we collect such information (2.2).
Please note that we may collect Data concerning yourself either during your use of the Site Site and Site Applications, or when you use our embedded Video Player on third-party websites or third-party applications.
2.1. Categories of Data We Collect
2.1.1. Data You Provide to Us
We collect Personal Data you provide to us when you interact with the Site Service, including when you sign up for an account, upload Content, create a playlist or share a playlist with others. For instance, when you register to use the Site Service, you may provide your name, email address, birthdate, gender, and other similar information. If you are a member of the Site Partner Program, Site may also collect your payment information, such as your address, bank account or online payment system details and authentication information, as well as billing and contact details depending on the payment system you choose. Note that we do not collect your credit card details. In addition, Site may collect information you provide to us when you respond to surveys, set your preferences on the Site Service, directly contact Site through the Site Help Center or by other means, or agree to participate in promotions that Site may offer from time to time. To help you manage your account access rights, Site allows multiple log-in accounts to be set up under one Partner account. Consequently, we may collect information you provide to us if you create such log-in accounts.
2.1.2. Usage and Log Data
We collect information when you use the Site Service or view Site ads outside of the Site Service. We may also collect information from or about the computers, phones, tablets, or other devices where you install Site Applications or otherwise access the Site Service, depending on the permissions you have granted. Such information may include your IP address, your device ID, the settings of the browser and operating system you use (such as type and version of an operating system or its language settings), your activity on the Site Service including information about the videos you watch on the Service (e.g. video titles and categories), about the ads you are being shown and your interaction with them, the frequency and duration of your activities, page views, referral URLs, network state, and carrier information.
2.1.3. Account Data from Third-Party Services
If you choose to log-in, access or otherwise connect to the Site Service or contact Site through a third-party service (e.g. Facebook), such method being completely optional and subject to your exclusive decision, we may, in order to execute your choice of a log-in or contact method, collect your email, gender, birthday as well as any other information you make public using that service. Depending on the third-party log-in service used and its current implementation policies, we may also collect additional information you have authorized the third-party service to share with us (such as, for example, your user ID, billing information, etc.).
2.1.4. Third-Party Data
We may, if you authorized such third parties to share such information with us or if otherwise authorized by the applicable laws, receive from them or share with them information about you originating from other sources, such as data aggregators, public databases, and our Commercial Partners, whether affiliated or unaffiliated entities. Shared data (whether identified, pseudonymized or anonymous and whether collected online or offline) may include information about your interests, demographic data, purchasing behavior, and your online activities (such as websites you have visited and/or advertisements you have viewed).
We may combine the shared information with the information we collect from or about you and use it in the manner described in Section 3 of the Privacy Policy or as otherwise permitted by law.
2.2. How is the Data Collected?
Like many online services, we use, directly or via our subcontractors, various technologies to collect usage data and store your user settings. The Data thus collected helps us propose, protect and improve the Site Service and personalize your user experience, for example, by enabling you to access videos in a language corresponding to your browser’s settings or in a format compatible with your device.
Despite the variety of the actual measures deployed, the various technologies used to collect data are commonly referred to as “cookies” and their use is regulated by “cookie laws.” Whenever applicable laws subject the use of cookies to user consent, Site asks for your consent prior to their use.
A “cookie” is a small data file that is installed on your device. A cookie lifespan is limited to its purpose and does not, in general, exceed 13 months. A cookie expires upon the end of its validity period. A cookie may be deleted before the end of its validity period if you or the technologies you use (e.g. your operating system) do so. The different categories of cookies and assimilated technologies we use are further described below. More detailed information about the use of cookies in connection with advertising on the Site Service is provided under Section 3.
To learn more about our cookie management rules, please refer to our Cookie Policy. Depending on the country you reside in, you may, at any time, manage your cookie settings and choose the purposes for which you consent to or refuse the use of cookies by accessing the “Manage Cookies” section available on our Service within the EEA.
Cookies and Local Storage
We may use both session cookies and persistent cookies to offer you a high quality Service, better understand how you interact with the Site Service or with marketing material advertising the Site Service outside of our Service; to monitor aggregate usage by our users and web traffic routing on the Site Service; to use technical and automated means to display Content and advertising based on your Data; to respect the rights of the Content rights holders or that of advertisers and to be in conformity with obligations imposed by applicable laws. We may create a unique device or user ID (“Service ID”) for you and store it in a cookie so we can customize your experience based on your preferences. These uses allow us to create a better experience for you on the Site Service.
We may collect information through other kinds of local storage (also referred to as “Flash cookies“) and HTML5 local storage, including in connection with features such as volume/mute settings for the Video Player.
Most Internet browsers automatically accept cookies. By changing your browser settings, you can instruct your browser to stop accepting all or some cookies or to prompt you before accepting a cookie from the websites you visit. For further information on disabling cookies or deleting information contained in cookies in general, please click here. Please note that disabling cookies or deleting information contained in cookies or Flash cookies may interfere with the performance and features of the Site Service, including the Video Player. For example, we may not be able to store your preferences (such as the language to be used by the Service) or login information (such as keeping your connection session active thus allowing you to be automatically recognized by the Site Service when you repeatedly access it through the same device) or use technical means to display Content and advertising based on your online viewing habits.
Web Beacons, Pixels and other Trackers
Web beacons or pixel tags are similar to cookies and can be embedded within web pages, videos, or emails. These technologies are mainly used to learn whether you have viewed a particular web page, ad, or email message; and determine other usage details including the time and date on which you viewed Content, the IP address of your computer, and the URL of the web page from which the Content was viewed.
Mobile Device Identifiers and Software Development Kits (“SDKs”)
We may use or work with third parties, including our Commercial Partners and service providers, who use mobile SDKs to collect information such as advertising identifiers (e.g., “ad-ID” or “IDFA”) and information related to how mobile devices interact with the Site Service. An SDK is computer code that app developers can include in their apps to enable ads to be shown, data to be collected and related services and functionality to be implemented (a mobile SDK is a mobile app version of a pixel tag or beacon, described above). For instance, we may use this technology to analyze how you interact with Content and advertisements and to enable analytics or other features through mobile devices.
3. PURPOSES FOR DATA PROCESSING
3.1. Purposes for which Data is Processed by Site
3.1.1. General
We receive or collect Data, either directly or via our service providers, because we are passionate about creating an engaging and relevant experience for our users, and to ensure that the rights of Content right holders and advertisers are respected. We may also share some of your data with Site’s affiliated companies (Vivendi group’s wholly owned companies) or with other Commercial Partners to better understand what you may be interested in.
We use all of the legitimately collected or received information to help us provide and support the Site Service with a first-class user experience that is adapted to each user’s tastes, as varied as they may be. The way we use the Data about you depends on how you use the Site Service.
Note that videos accessible on our Service, be it Content or video ads, do not belong to Site. Instead, they are provided by various right holders who, by sharing their videos on Site Service, decide which of their videos they make available to you.
As a content hosting platform Site does not curate the videos that are accessible to you. It means that we do not have a team of content editors proposing video selections to you that they believe are adapted to your individual taste.
Our Service offers videos in multiple languages that can be accessed from a number of electronic devices and through different browsers. We use cookies to detect the linguistic and technical settings of your device and browser to show you videos that correspond to your device setting, i.e. in the language your browser is set to and in a format your device is capable of accessing.
You will find in the present Section detailed information about the different purposes your Data is processed for.
3.1.2. Purposes for which Data is Processed
Site may process the Data for the following purposes:
Provide, Improve and Develop the Site Service. We are able, through technical and automated algorithms, to deliver the Service and to display Content and advertisements based on your Data collected on our Service. We analyze such Data to understand how you use and interact with the Site Service and discover the things you’re interested in on and off our Service and ultimately provide you with the best user experience we can offer. For example, we collect your authentication data to allow you to connect to your account, and we collect information on your language setting preferences to provide you with the Site Service in the language of your choice. We may conduct surveys and research, test features in development and analyze the information that we have in order to evaluate and improve our existing products and services, develop new offerings or features and conduct maintenance and troubleshooting activities.
Communicate with You. We may use your Data to send you marketing communications, communicate with you about the Site Service and update you about our policies and terms. We also may use your information to respond to you when you contact us, or for any other purpose that is disclosed to you at the time we collect the Data or that is related to a request made by you or related to you. To learn about opting out of promotional communications, please see the information we have provided in Section 8 below (“Your Privacy Rights”).
Show and Adapt Ads. Site offers its users the opportunity to watch numerous videos without charging any fee in return. Such free of charge service can only be possible thanks to the presence of advertisements. We may use Data we have, including information received from our Commercial Partners, to evaluate and improve our advertising and analytics systems so that the ads shown to you on and off our Services are customized and of real interest to you. We also use Data to limit the quantity of advertisements you are shown on our Service to allow you to fully enjoy the Content. By processing some of your Data we also measure the effectiveness and reach of ads and services. Your Data may be shared with our Commercial Partners to inform them about your decision whether or not to allow processing of your Personal Data and, if you agreed, to allow them to estimate whether the products or service for which they run advertising campaigns may be of interest to you. To learn about opting out of interest-based or online behavioral advertising, please see the information we have provided in Section 8 below (“Your Privacy Rights”) or exercise your choices via Site’s “Manage Cookies” section available on our Service, provided that you reside in the EEA.
Pay You. If you are a member of the Site Partner Program, we use your billing information, such as your billing address or payment methods details, to proceed with payment of sums generated under our Partner Program monetization features. If you choose a third-party payment method, we will communicate to the payment service provider of your choice all information necessary to process due payments and may receive from such payment service provider the receiving account details and related payment confirmations. The exact information communicated or received depend on the payment service provider chosen, the payable amounts and then-current requirements of laws and regulations applicable to financial transactions. Note that we do not use or otherwise access your credit card information.
Identify Your Geographic Location. We may collect your device’s location data (limited to the city level only). This information not only allows us to serve you Content related to your local area, such as local news and sports videos, but enables us to ensure the respect of Content geo-restrictions imposed by the Content right holders. This Data may also be used to tailor advertising to you based on your location by, for example, not showing you ads for services unavailable at your location.
Elaborate Aggregated or Anonymized Statistics. We may “de-identify” information about you and/or other users, which means that the Data is modified (anonymized or aggregated with other information) so it no longer personally identifies you. We may then use this “de-identified” information for any legitimate internal and external business purpose, including for research and analysis of the Site Service, improving our capacity to deliver customized advertisements, and for promoting our Service to future users, Commercial Partners and other business partners. In particular, we may also share your aggregated Data (i.e. information in a form that does not allow its recipients to identify you) with advertisers and Content owners to provide them with meaningful insight about the audience of their ads or Content on our Service.
Ensure Safety and Security of Site Service and its Conformity with Applicable Laws. We may use the Data to ensure the security of our Service and anti-fraud protection. Our dedicated engineering teams do so by using automated procedures and advances technologies such as data encryption and machine learning. Consequently, your Data may be processed as part of investigation of suspicious account activities or violations of our legal terms and policies. In conformity with our legal obligations, Site maintains connections logs linked to each user’s account activities and communicates them, if requested to do so pursuant to applicable legal procedures, to duly authorized public authorities.
3.1.3. Specific Purposes for which Data is processed when operating the Enterprise Solution Video Player
We continuously work on improving the Site Service, including by developing different versions of our Video Player. As part of this effort, Site may offer to content partners, subject to specific financial conditions, the possibility to use our Video Player for distributing Content without any advertising being associated to it (the “Enterprise Solution Video Player”).
Content Partners having chosen this new solution (“Clients”) integrate this Enterprise Solution Video Player on their websites or their other digital properties (ex: mobile applications) and pick Content they wish to make available to you.
When Clients use the Enterprise Solution Video Player, Site remains Data Controller for the cookies deployed by that player and related processing of your Personal Data. As the Enterprise Solution Video Player is not designed to show ads, Site does not use advertising cookies nor process your Personal Data for purposes which are related to advertising, be it contextual or targeted. For further details on the cookies used by the Enterprise Solution Video Player, please refer to our Cookie Policy.
When you watch Content made available by Clients through the Enterprise Solution Video Player they chose to use, you are visiting such Clients’ digital properties (ex: their websites or mobile applications). Consequently, other cookies than those used by our Enterprise Solution Video Player may be deployed by the Clients or by the third parties they work with, as well. Site has no control over these cookies and the use of data they collect. For further information about cookies used by Clients and the third parties they work with and corresponding processing of your Personal Data, please refer to the privacy and cookie policies of the Clients’ digital properties that you visit.
3.2. Purposes for which Data is Processed by our Commercial Partners
When you watch Content or ads on the Site Service our Commercial Partners may collect and further process, either directly or via their respective subcontractors, information about you and your use of our Service. They may use this information, including in combination with other data they have access to, in order to adapt content and ads that may be shown to you on our and on third parties’ services. While doing so, our Commercial Partners process your Personal Data in their capacity as Data Controllers and follow privacy policies that are their own.
We may disclose or share your Data with our Commercial Partners. In particular, we and our affiliated companies (Vivendi group wholly-owned companies) may share the information we have about you in order to learn more about your tastes and let each of the Vivendi group wholly-owned companies, whose services you might be using, offer you more personalized services, products and ads.
When advertisements are shown to you on our Service, some Data is disclosed to our Commercial Partners to allow delivery of an ad on the device you use. Such disclosure is made in accordance with industry-wide standard technical protocols. Such Data may include your digital identifiers, information about the device you use and its settings, the url of a website, the content and the associated ad you are watching, your approximate location, as well as the socio-demographic or interest-based category we think you may belong to based on the information we have collected from or about you and/or obtained from third parties. The actual categories of Data disclosed depend on your use of our Service, the technical protocol used and, when applicable, on the actual Data usages you consented to. When applicable, the disclosed Data contains information about your privacy choices, i.e. about the purposes you consented your Data to be Processed for.
We may also share the same information listed above with advertisers. For example, we may tell an advertiser how its ads performed, or how many people viewed its ads or installed an app after seeing an ad. We can also provide such advertiser with non-personally identifying demographic information (such as a the following categorizations: female between 25 and 30 years of age, living in New York) to these advertisers to help them understand their audience or customers, but only after the advertiser has agreed to abide by strict confidentiality obligations.
When disclosed Data is used by a Commercial Partner for its own purposes, it is that Commercial Partner who is the Data Controller for the Processing it undertakes.
Site works with a large number of Commercial Partners. The list of Site’s Commercial Partners is published on our Service and may be consulted at all times from within the “Manage Cookies” section. Note that it does not mean that when you watch a video on our Service all of these Commercial Partners process your Personal Data. Only the Commercial Partners (or their technical service providers) involved in posting the ads shown to you or publishing Content that you watch on Site Service process your data. The identity of our Commercial Partners who process your data depends on the Content and ads you watch on our Service.
As a Data Controller, each Commercial Partner determines the purposes for which it wishes to process your Personal Data. These purposes may include the development, improvement and delivery of their services, audience and service analytics, personalization and adaptation to your centers of interest of their content, commercial offerings and ads, whether on or outside of the Site Service, conformity with their respective contractual and legal obligations, such as, for example, geographic restrictions of their content exploitation rights, calculation of applicable fees or anti-fraud measures. You may learn more about each Commercial Partner’s Processing purposes and legal ground(s) by accessing their IAB Vendor registrations or privacy policies through links available within the “Manage Cookies” section of our Service accessible from the EEA.
When our Commercial Partners’ collection or processing of your Personal Data depends on your consent, Site asks you for such consent on behalf of our Commercial Partners. Consequently, you may, at all times, manage your consent Commercial Partners’ collection or processing of your Personal Data and indicate the purposes you choose to consent or not to consent to by exercising your choice on the “Manage Cookies” section available on our Service and accessible from the EEA. You may also exercise your right by accessing the Commercial Partners’ respective privacy policies, as accessible from the Commercial Partners List.
Note that refusing the use of your Personal Data for ad-targeting purposes will not block advertisements. You will still see ads, but they will be less pertinent to your interests.
If you wish to learn more about the purposes for which our Commercial Partners process your Personal Data and the legal grounds such processing can be based on, we advise you to read their respective privacy policies. For reasons inherent to the dynamic character of the online activities, this list of Site Commercial Partners may evolve. The list will be updated periodically, and we invite you to consult it regularly for the most up-to-date information.
4. DATA RECIPIENTS
We may share personally identifiable or non-personally identifiable information collected from or about you with third parties, or allow you to share your personal information with third parties, such as social networks, as explained further below (“Data Recipients”). We require such Data Recipients to adhere to strict confidentiality obligations in a way that is consistent with this Privacy Policy and the agreements that we may enter into with them.
4.1. Third Party Login Services
If you connect to the Site Service through your Facebook or Google accounts, you may choose to share information about your activities on the Site Service with Facebook or Google. Furthermore, if you visit Site while logged-in to Facebook or Google, then those entities may record your browser details and combine technical information from your web browser with other information that each of them already knows about you. Your decision to share information about your activities on the Site Service within your Facebook or Google account may result in Site sending relevant information about you to Facebook or Google. Facebook or Google may then make that information visible to its own users in accordance with applicable law, its own data and privacy policies, and your Facebook or Google privacy settings. We recommend you familiarize yourself with Facebook’s and Google’s respective data and privacy policies and available account privacy controls. We remind you that Site is independent from these third-party companies and that any privacy settings you might have chosen on the Site Service are not applicable on Facebook, Google or any other social network account.
4.2. Commercial Partners
We work with a number of Commercial Partners who help us offer and improve the Site Service. Such Commercial Partners include, for example, Content uploaders, and other actors of the digital industry. We may disclose information collected from or about you to such Commercial Partners (or their authorized service providers) when we are legally authorized to do so, but such disclosure is always accompanied by appropriate technical, organizational or contractual measures aimed at ensuring the integrity and security of your information (e.g., aggregation, anonymization, etc.).
In particular, we may share information, generally in the aggregated, encrypted or anonymized form, about you with advertisers and advertising-related service providers, for the purposes described above under Section 3.2, including for technical reasons (e.g., to deliver advertising videos on your screen), to make ads relevant and interesting to you or measure and improve the effectiveness of advertising campaigns. Note that we do not share directly identifiable information about you (such as your email address) with advertisers and advertising-related service providers.
4.3. Service Providers
Like most companies, we contract with third parties to provide us with specialized services in connection with our business activities. The services we contract vary and evolve in time and include: payment solutions (e.g. PayPal or Payoneer), analyzing and processing data (e.g. provision of analytics software that helps us improve ads relevancy), hosting our websites and the content, providing customer support, communicating with you (e.g. email or push notification systems) or otherwise help us provide the Site Service.
When the delivery of these services requires so (and if you consented so or if we are otherwise authorized to do so), we share some of your Data with our Service Providers. Our Service Providers commit to confidentiality obligations in conformity with the present Privacy Policy and with the contracts we sign with them.
4.4. Audience Measurement Providers
Our Commercial Partners, such as content providers and advertisers, seek to measure the performance of their videos across many platforms, including the Site Service. Accordingly, Site may use and permit the use on its Service of independent, industry-standard, third-party measurement solutions (e.g. Nielsen or comScore) that enables us or our Business Partners to include your video views in our or their measurement statistics. We may also share our own usage statistics, in anonymized or aggregated form, with these Business Partners.
To learn more about your choices with respect to audience measurement software, please see the information we have provided in Section 8 (“Your Privacy Rights”).
4.5. Public Authorities and Legal Counsels
In some instances, we may be required to disclose information from or about you to public authorities or to legal counsels without notifying you or giving you the opportunity to object. We may disclose your information in good-faith to protect the legal rights of Site, of our affiliates or Commercial Partners, and of each of our respective equity holders, directors, officers, employees, or agents, and technical service providers acting as our processors or sub-processors; to protect the safety and security of our users or of third parties; to enforce our Terms of Use; to prevent fraud; for risk management purposes; and to comply with or respond to the law, a legal process, or a request for cooperation by a government entity. However, it is Site’s policy, whenever reasonably possible and legally permissible, to promptly notify you upon receipt of a subpoena or court order requesting your Data and to not produce your Data until we receive such subpoena or court order, so that you will have adequate opportunity to initiate appropriate legal proceedings.
Furthermore, if you notify us that you believe your legal rights have been violated by Site or by another user of the Site Service, we may provide the Data that you provide to us to others to the extent that we believe it is necessary to evaluate and respond to your complaint.
4.6. Third Parties in Connection with certain Corporate Transactions
If we sell all or part of our business, make a transfer of assets, or are otherwise involved in a change-of-control transaction, or in the event of bankruptcy, we may transfer or share information from or about you to one or more third parties as part of the transaction, including as part of the due diligence process. In such case, your Data would be transferred or shared only as an integral part of the underlying transfer of the Site Service (or part thereof) and not sold separately to third parties.
4.7. Parties you Consented to or to whom you Choose to Share Your Data
Certain functions within the Site Service may give you the option to share videos through our Video Player, along with any information you want to share, for example, through your own websites, applications or social network channels, such as Facebook or Twitter.
If you hold an account with Facebook or Twitter, you may choose to share information about a video on the Site Service with Facebook or Twitter users by using the dedicated sharing feature on our Service. Such sharing is only possible while you are logged-in to your Facebook or Twitter accounts. Your decision to share information about a video on the Site Service may result in Site sending relevant information about you to Facebook or Twitter. Facebook and Twitter, pursuant to their respective data and privacy policies and to your Facebook or Twitter privacy settings, may process your Personal Data relevant to the sharing of such video.
Lastly, we may also share any information from or about you with any party when we have your consent or when you otherwise choose to share such information (e.g. sharing your contact information to an uploader whose content you have reported on our Service, if necessary, or sharing your information in the scope of a marketing study you agreed to participate in, etc.).
5. DATA SECURITY AND ACCOUNT ACCESS
5.1. Data Security
The security of your Data is important to us. Our goal is to make you feel confident and safe when using the Site Service.
We use a variety of physical, technical, and administrative measures to safeguard information in our possession against loss, theft and unauthorized use, disclosure, and modification. For example, we take steps to limit access to sensitive information from or about you to only those Site employees, agents, and contractors who have a legitimate business reason to access such information. We also use measures like encryption and hashing to help protect sensitive information when in transmission, and firewalls to help prevent unauthorized persons from gaining access to your Personal Data. We also use techniques such as data aggregation to render it more difficult to link and trace information to you.
Despite these efforts, there is always a possibility that a breach in data transmission or storage may occur. We want you to feel confident in our security when using the Site Service, but we cannot guarantee the absolute security of Data at all times. We advise you to exercise caution and, in particular, to use a unique password for your Site account, i.e. a password that you do not use for any other service you have an account with (which could prevent, in the event your Site password confidentiality is breached, unauthorized access to these other accounts), to change your password if you suspect its fraudulent use and contact us if you notice any suspicious activities on the Site Service.
5.2. Account Access
If you have an account with us, your Personal Data can be reviewed online from within your account settings. You can also update your information either via the account settings or by contacting us (see Section 11.5 “Contact Us” for more details).
Your account is unique to you and protected by a user-generated password. We advise you to choose a unique and complex password, not to disclose it to third parties, and to change it if you have any doubts as to its confidentiality. Do not hesitate to contact us if you observe any suspicious activity on your account. Note that if you use third party log-in solution (e.g. Facebook or Google), Site does not store or manage your password. Instead, it is that the policies of the third party log-in solution that apply to the management of your password.
Please note that if you allow others to use your account (including by authorizing others to set up specific accesses within your account), they may be able to view information about your account (e.g. your email address) or any of the playlists created within your library (e.g. videos you have viewed). You should exercise caution while handling and disclosing your Personal Data on our Service and avoid sending it through insecure email. Please refer to the Federal Trade Commission’s website at for further information on how to protect yourself from identity theft.
6. DATA RETENTION
Data is stored electronically on Site’s servers or with our cloud service providers and is kept only as long as necessary for the purposes set out in this Privacy Policy or as otherwise required by applicable laws.
We have a legal obligation to retain some Data, such as information associated with the identity of an account holder (retained for a period of one year following the deletion of an account) or invoicing details. If you ask us to delete your Data, provided that its retention is not required or expressly authorized by the applicable laws, the Data is deleted or anonymized and used for statistical purposes only.
Please refer to Section 8 below for further details on your rights in relation to Your Personal Data.
7. YOUTH RESTRICTIONS AND PARENTAL CONTROL
Children who are under the legal age in their country of residence to enter into an agreement with a digital service provider are defined in this Privacy Policy as “Juniors” and are not permitted to register with Site, i.e. are not allowed to open an account with our Service.
The age limit that determines whether a person is a Junior is defined by the laws applicable in your country of residence and generally varies from 13 to 16 years of age.
In addition, Juniors should not use or access our Service without the involvement and consent of a parent or guardian.
Site Service is intended for the general public. It does not specifically cater to any particular age or interest group. When you visit our Service, we do not know your age. Despite lacking that knowledge, we have designed some Service features protecting young audiences. In particular, a parental control is activated by default when using our Service.
If you are the parent or legal guardian of a Junior, and that child has somehow registered with Site without your approval and contrary to our Terms and Conditions, please contact Site’s support team, available 24/7 through the Site Help Center to initiate an account deletion procedure. When submitting your request, please provide us with a sworn statement confirming that you are either a parent exercising full parental rights or a legal guardian of the child and indicate your full name and address, the child’s full name and address, your relationship to the child and your email address. Site will use this information only to process your request and verify that you are the child’s parent or legal guardian, and for no other purposes.
8. YOUR PRIVACY RIGHTS
8.1. General
Depending on your country of residence, you may be entitled to access, correct and/or delete the Data you have provided to us, by requesting to do so through the setting of your account, or by reaching out to the Site Help Center via the dedicated section. When justified by the circumstances of your request, we may ask you for a copy of your ID or any other relevant documents, in order to confirm that you are indeed the data subject or a person authorized to exercise these rights on behalf of a data subject, and to determine the laws and procedures applicable to your request.
If you are a resident of EEA, UK, Switzerland, California, Brazil, Korea or Turkey (Türkiye), you may find in this Section (Sections 8.5 through 8.9) some specific information and procedures applicable under the laws of your country of residence.
8.2. Change of Privacy Settings for Promotional Communications
You may decide not to receive promotional communications from Site by accessing your account and clicking on “Manage Email Notifications.” You may also communicate to us your decision not to receive promotional communications by clicking the “unsubscribe” link in a particular promotional message.
Note that you cannot opt out from receiving all communications from Site, including administrative messages, service announcements, and messages regarding the terms and conditions of your account because those may contain important information necessary to using the Site Service.
You can choose to receive push notifications from Site on your device. If you do not wish to receive push notifications, you can use your device’s settings to turn them off.