Epiphan Privacy Policy

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.

Combined information. For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.

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.

No mobile data will be shared with third parties/affiliates for marketing/promotional purposes at any time.

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.

We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on your device you use to access the Services by such non-affiliated third parties.  If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link, or Your Online Choices 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 Ads 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 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.

Text messaging originator opt-in data and consent will not be shared with any third parties, excluding aggregators and providers of the Text Message services.

No mobile data will be shared with third parties/affiliates for marketing/promotional purposes at any time.

7. Your Choices and Rights

You have certain rights with respect to your information as further described in this section, in addition to any rights discussed elsewhere in this Privacy Policy.  Please note your rights and choices vary depending upon your location.

Marketing communications. You can instruct us not to use your information to contact you by email, postal mail, or by phone regarding products, services, promotions and special events that might appeal to your interests by contacting us using the information below.  In commercial email messages, you can also update your preferences by using the “Unsubscribe” link found in such emails.  Removing your name from the email list may take a reasonable amount of time.   Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law.  For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.

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 info@epiphan.com.
• 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 privacy@epiphan.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:

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.

Sale of personal information.  The CCPA sets forth certain obligations for businesses that “sell” personal information. Based on the definition of “sell” under the CCPA and under current regulatory guidance, we do not believe we engage in such activity and have not engaged in such activity in the past twelve months. We do share certain information as set forth in the “Sharing Your Information” section of this Policy and allow third parties to collect certain information about your activity, for example through cookies, as explained in the “Collection of Information,” “Cookies and Tracking Technologies,” and “Online Analytics and Interest-Based Advertising” sections of this Privacy Policy, but we do not believe such sharing constitutes a “sale” under the CCPA. 

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.

If would like to exercise any of these rights, please use our online web form or contact us at privacy@epiphan.com

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

The Services may contain links, banners, or widgets to other third-party websites, apps, plug-ins, and services which are outside our control and not covered by this Privacy Policy.  These links and features are provided for your reference and convenience only and do not imply any endorsement of information provided through these third-party links and features, nor any association with their operators.

Epiphan is not responsible for the practices of such third parties.  Any information you provide to third parties on their websites or services is covered under their privacy and data collection collections, and is not covered by this Privacy Policy.  We encourage you to review the privacy policies posted on these (and all) sites you visit or services you use.

13. Children’s Information

The Services are intended for general audiences and not for children.  We do not knowingly collect, maintain, or use personal information (as defined by the United States Children’s Online Privacy Protection Act) from children in the United States under the age of 13 or a European Union resident under the age of 16 without legally-valid parental consent.  If you believe that we might have any such information from a child, please contact us as described at the end of this Privacy Policy.  If we discover that personally identifiable information of a child has been submitted without legally-valid parental consent, we will take reasonable steps to delete it as soon as possible.  We also comply with other age restrictions and requirements in accordance with applicable local laws.

14. International Data Transfers

Your information collected through the Services may be stored and processed in the United States (“U.S.”) and any other country in which Epiphan or its service providers maintain facilities.  If you are located in the EEA or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.  By using any of our Services, you agree to the transfer and storage of your information to the U.S. or any other country in which Epiphan or its service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.  When we transfer data across borders, we will comply with applicable legal requirements regarding the use of transfer mechanisms and additional safeguards.

15. Changes to this Privacy Policy

We reserve the right to update or modify this Privacy Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology.  We will make the revised Privacy Policy accessible through use of the Services, so you should review the Privacy Policy periodically. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective Date” included at the beginning of the document.  If we make a material change to the Policy, we will provide you with notice in accordance with legal requirements.  Your use of the Services following any such change constitutes your agreement that all information collected from or about you after the revised Privacy Policy is posted will be subject to the terms of the revised Privacy Policy.

16. Contact Us

To address your individual rights or if you have any privacy-related questions or comments related to this privacy policy, please send an email to privacy@epiphan.com. You can also contact us by writing to this address:

Epiphan Systems Inc.
Attention: Privacy Officer
400 March Road Suite 510
Ottawa, Ontario
Canada K2K 3H4