Effective Date: January 6, 2020
- Collection of Information
- Use of Your Information
- Legal Bases for Use of Your Information
- Cookies and Similar Technologies
- Online Advertising and Advertising
- Sharing Your Information
- Your Choices and Rights
- Notice of Privacy Rights for California Residents
- Notice to Nevada Residents
- Data Retention
- Security of Your Information
- Third Party Links and Features
- Children’s Information
- International Data Transfers
- Contact Us
1. Collection of Information
Information you provide to us. We collect information you choose to share with us, including information you enter through the Services. For example, when you:
- Create an account to use the Services, we may collect contact and registration information, such as your name, email address, telephone number, and business information. We may also collect payment information, including your payment card number and associated billing information, and any other profile information you upload to your account.
- Interact with the Services, we may collect the content you upload, including video, audio, and any corresponding file names and text, as well as any other information you enter through the Services.
- Contact us with questions or for customer service, we may collect contact information, such as your name, email address, and phone number, as well as any information you provide in connection with your outreach.
- Participate in promotions, events, surveys, and sweepstakes, we may collect basic contact information and any other information you provide in connection with these activities.
- Apply for a job with us, in which case we will collect the information you provide in connection with your application, including education and employment history.
Information we collect our Customers’ subjects and attendees. We collect information from our Customers about subjects and attendees participating in their recording and streaming projects. For example, we may collect any information provided by a subject during video recordings and streamings, including corresponding audio and text.
Information we collect through automated means. We may automatically receive and store certain information about the computer or device you use to access the Services. As discussed further below, we and our service providers, may use a variety of technologies, including cookies, to assist in this information.
- Device Information. We collect technical information associated with the device(s) you use to access our Services, including information related to your browser and operating system, IP address (the Internet address of your computer), unique device identifiers, device type, model, operating system and other information in accordance with your device settings and permissions.
- Usage Information. We also collect a variety of information to better understand your use of our Services. This may include the webpage that you were visiting before accessing our Services, the webpages or features of our Services you use, how much time you spend there, date, time and use, how you engage with videos, and information about your usage preferences.
Information from third-party connections and platforms. If you access the Services through a third-party connection or log-in (e.g., through a social network like Facebook or Google), you may allow us to have access to and store certain information from such third-party service, depending on your settings on that service. For example, if you use our Service to stream and/or upload videos on YouTube, we may receive information about you and your activity from YouTube for authentication purposes and to perform other functions that you request (e.g., redirect the output of our device to your YouTube livestream). If you do not wish to have this information shared, you may be able to adjust your account settings on those Services, or choose not to use these connections to access our Services. Please see the privacy policies and terms for these third parties for more information.
Information from publicly available sources and others. We may receive additional information such as demographic and statistical information from third parties, such as business partners, marketers, researchers, analysts, and others that we may use to supplement the information that we collect directly from you in order to derive your possible interests and provide more relevant experiences with us.
Location information. When you use our Services, we may collect general geolocation information (such as your city/state inferred from your IP address). This information may be used to deliver tailored content through Services.
2. Use of Your Information
We use your information to provide, support, personalize, and develop our Services. In particular, we may use your information to:
- Provide the information and Services you request;
- Provide customer feedback and support;
- Engage in transactions with you, including contacting you about your account, billing you or your organization for the Services, and processing payments;
- Keep you up to date on the latest operational information and notices related to your use of the Services, including software updates, software upgrades, system enhancements, special offers, and other similar information;
Analyze the use the Services and improve the content, functionality, and usability of the Services;
- Provide and administer opt-in contests, sweepstakes or other marketing or promotional activities on the epiphan.com, epiphan.cloud, or affiliate websites;
- Invite you to participate in questionnaires, surveys, and provide feedback to us;
- Personalize marketing communications and website content based on your preferences;
- Process your application for employment with us;
- Contact individuals that you refer to us and identify you as the source of the referral;
- Secure the Services and investigate and help prevent fraud, security issues, and abuse;
- Comply with any procedures, laws, and regulations where necessary for our legitimate interests or legitimate interests of others;
- Establish, exercise, or defend our legal rights where necessary for our legitimate interests or the legitimate interests of others, including the enforcement of our Terms and Conditions, other usage policies, and other legal terms or controls, or to engage in other legal matters; and
- For any other purpose with your consent.
Aggregate/de-identified information. We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties in our discretion.
3. Legal Bases for Use of Your Information
If you are an individual from the European Economic Area (“EEA”), the UK, or Switzerland, our legal bases under the General Data Protection Regulation (“GDPR”) for using your personal information are as follows:
- Where we have your consent;
- Where use of your information is necessary for the performance of a contract with you, (e.g., to comply with the Terms and Conditions and provide the Services);
- Where use of your information is necessary for our “legitimate interests” or the legitimate interest of others (e.g. to operate our Services; provide security for our Services; prevent fraud; analyze use of and improve our Services; and for similar purposes); and
- Where use of your information is necessary to comply with applicable legal obligations.
4. Cookies and Tracking Technologies
To collect the information in the “Information we collect through automated means” section above, Epiphan and our service providers use web server logs, cookies, tags, SDKs, tracking pixels, and similar tracking technologies. We use these technologies in order to offer you a more tailored experience in the future.
- A web server log is a file where website activity is stored.
- An SDK is a set of tools and/or code that we embed in our applications and software to allow third parties to collect information about how users interact with the Services.
- Cookies are small text files that are installed on your browser, your computer or on your mobile device. Functional cookies are used by Epiphan to record a user’s choice and settings that enable our Services to operate correctly or that maintain your preferences over time. Advertising cookies are used to collect data about your online activity and identify your interests so that we can provide advertising that is most relevant to you. Analytical cookies gather usage and performance data that help Epiphan improve our Services. Social sharing cookies and code snippets are provided by social media companies that enables Epiphan content to be used with other social media company web content. Service cookies are performance cookies for load balancing to ensure that websites and Products remain up and operating.
- Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads and/or email that are designed to: (1) collect usage information like ad impressions or clicks and email open rates; (2) measure popularity of the Services and associated advertising; and (3) access user cookie
As we adopt additional technologies, we may also gather information through other methods.
Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.
5. Online Analytics and Interest-Based Advertisements
Online analytics. We may use third-party analytics services (such as those of Google Analytics) on our Services to collect and analyze usage information through cookies and similar technologies; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
Interest-based advertising. When you use the Services, we may display advertising to you about our products, services, and related feature that we think may be of interest to you. We partner with third parties to market our services to you on third party sites. The ads may be based on various factors such as the content of the page you are visiting, your searches, user-generated content, and other information we collect from you. These ads may be based on your current activity or your activity over time and across other websites and online services and may be tailored to your interests.
Some of our third-party partners use technologies such as cookies and other technologies to gather information about your activities on this website, our affiliates’ websites, and unaffiliated websites in order to provide you advertising based upon your browsing activities and interests. These third parties (e.g., ad networks and ad servers such as Google Analytics, DoubleClick, and others) may also serve tailored ads to you on the Services, other sites, and in other applications, and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Services. We sometimes provide a hashed or encrypted version of your information such as your email address to service providers, who may “match” this information in de-identified form to cookies (or mobile ad identifiers) and other proprietary IDs, in order to provide you with more relevant ads when you visit other websites and mobile applications.
Please note that if you exercise the opt out choices above, you will still see advertising when you use the Services, but it will not be tailored to you based on your online behavior over time.
Notice concerning Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, and that is why we provide our users with the variety of opt-out mechanisms listed above. Because of the changing state of technology and indecision within the industry regarding the meaning of DNT signals, we currently do not make any guarantee that we will honor DNT signals. Learn more about Do Not Track.
6. Sharing Your Information
We will share your information collected from and about you in the following ways:
At your or your organization’s direction. We may share information with third parties when you or your organization directs us to do so, such as when you use the Services to capture content or share content created via the Services.
Service providers. We may share information collected with select third parties who use the information to provide services on our behalf, such as Services operation, data processing orders, hosting websites, hosting event and seminar registration, providing customer support, analytics and online advertising, security, fraud prevention, and legal services.
Affiliates and subsidiaries. We may share information we collect within the Epiphan family to deliver products and services to you, ensure a consistent level of service, and enhance our products, services, and your customer experience.
Other users of the Services. To the extent that you post content in publicly-accessible parts of the Services, or choose to make certain of your content viewable by other users, such content can be read, collected, and used by others with permission to view it.
Business transfers. In some cases, we may choose to buy or sell assets. In these types of transactions, Customer information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party.
Comply with laws and protect our rights and the rights of others. As required by law, we may respond to subpoenas, court orders, or similar legal process by disclosing your information, if necessary. We also may use your information to establish or exercise our legal rights or defend against legal claims.
7. Your Choices and Rights
Identifying the Data Controller and Processor. Data protection laws in certain jurisdictions differentiate between the “controller” and “processor” of information. In general, Customer is the controller of Customer Data, and Epiphan is the processor of Customer Data and the controller of account information, usage information (including, internet or other network or device activity, Services metadata, log data, location information), cookie information, and other information provided to Epiphan (collectively, “Other Information”).
International. When Epiphan acts as a controller, individuals in the EEA, the UK, Switzerland, and some other jurisdictions have certain additional legal rights to do the following with personal information we handle:
- Access: You can request more information about the information we hold about you.
- Rectification: If you believe that personal information we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by logging into your service account. Please contact us as soon as possible upon noticing any such inaccuracy or incompleteness at firstname.lastname@example.org.
- Objection: You can contact us to let us know that you object to the collection or use of your personal information for certain purposes.
- Erasure: You can request that we erase some or all of your personal information from our systems.
- Restriction of Processing: You can ask us to restrict further processing of your personal information.
- Portability: You have the right to ask for a copy of your in a machine-readable format. You can also request that we transmit the data to another entity where technically feasible.
- Withdrawal of Consent: If we are processing your personal information based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your personal information, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
Individuals whose personal information is subject to the GDPR also have a right to opt out of our handling of their personal information for direct marketing purposes.
Many of the rights described above are subject to limitations or exceptions under applicable law.
If you wish to exercise any of these rights, or raise a complaint on how we have handled your personal information, please contact us at email@example.com.
If you are seeking to exercise applicable rights with respect to information that we handle solely on behalf of a Customer, you should direct requests to that Customer directly.
Individuals also have a right to file a complaint with the relevant supervisory authority, but we invite you to kindly first give us an opportunity to address your concern.
8. Notice of Privacy Rights for California Residents
If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).
Categories of personal information we collect and disclose. During the 12 months leading up to the effective date of this Policy, we have collected all of the types of personal information described in the “Collection of Information” section of this Policy. During that period, we made the following disclosures of personal information about Californians:
|Category of personal information||Categories of third parties to which it is disclosed|
|Identifiers, such as your name, address, telephone number, and email address.||Marketing and advertising services; payment processors; customer/support services; and providers of technical services.|
|Commercial information, such as records of your transactions with us.||Same as first row, except not to marketing and advertising services.|
|Financial information, such as payment card information.||Same as first row of this chart, except not to marketing or advertising services.|
|Audio information, such as from customer service call recordings.||Customer/support services and providers of technical services.|
|Professional or employment related information, such as your employer and other company affiliations.||Same as first row, except not to payment processors.|
|General geolocation information, such as the location of your wireless device (e.g., latitude and longitude).||Same as first row, except not to payment processors.|
|Internet or other network or device activity, such as browsing history or a record of your online Services usage.||Same as first row, except not to payment processors.|
|Other information you provide to us, such as information provided via surveys.||Same as first row, except not to payment processors.|
|Inferences drawn from the data above.||Same as first row, except not to marketing and advertising services or payment processors.|
We also may share any of the categories of personal information we collect as set forth in the “Sharing Your Information” section of this Policy, including with governmental entities for legal purposes and our affiliates and subsidiaries.
How we use these categories of personal information. We and our service providers may use the categories of personal information we collect from and about you for the business purposes listed in the “Use of Your Information” section above.
Additional California privacy rights. California law may also permit you to request that we:
- Provide you the categories of personal information we have collected or disclosed about you in the last twelve months; the categories of sources of such information; the business or commercial purpose for collecting or selling your personal information; and the categories of third parties with whom we shared personal information.
- Provide access to and/or a copy of certain information we hold about you.
- Delete certain information we have about you.
You may have the right to receive information about the financial incentives that we offer to you (if any). You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights. Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Services to you and for compliance with applicable law. If you ask us to delete certain information, you may no longer be able to access or use the Services.
You will be required to verify your identity before we fulfill your request, which may include, at a minimum, verifying your name and email address. You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.
Shine the Light disclosure. The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of “personal information” (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your “personal information” with third parties for their own direct marketing purposes.
9. Notice to Nevada Residents
Certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by contacting us using the methods outlined in the “Contact Us” section. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.
10. Data Retention
We will retain your information for as long as your account is active or as needed to comply with applicable legal obligations. We will also retain and use your information as necessary to resolve disputes, protect Epiphan and our users, and enforce our agreements.
11. Security of Your Information
Epiphan is committed to protecting the information you share with us. We use a variety of physical, technical, organizational, and managerial safeguards to protect your information. However, please note that no method of internet transmission can be guaranteed to be secure.
12. Third Party Links and Features
13. Children’s Information
14. International Data Transfers
16. Contact Us
Epiphan Systems Inc.
Attention: Privacy Officer
400 March Road Suite 510
Canada K2K 3H4