Zattoo Privacy Policy
Edition October 2008
All capitalized terms used herein shall have the same meaning as defined in the General Terms and Conditions of Use.
1. DATA COLLECTED AND PROCESSED
When registering for the Services or using the Services, certain personal data of User is collected and processed in compliance with the European and Swiss data protection provisions. Collected personal data includes or may include in the future, email address, name, postal address, accounting information, age, gender, language, income, education, employment, hobbies and preferences, service usage and IP addresses.
2. TRANSFER TO AFFILIATES AND RELATED ENTITIES
By registering for or using the Services, User acknowledges and agrees that User’s personal data will be transferred to or will be accessible at least by following entities for the purposes set out hereafter:
Zattoo Europe Ltd, Elias-Canetti-Strasse 7, CH-8050 Zurich, Switzerland;
Zattoo International Ltd, Elias-Canetti-Strasse 7, CH-8050 Zurich, Switzerland;
Zattoo Inc., 1327 Jones Dr, Suite 106, Ann Arbor, MI 48105, USA
3. EXPORT OF DATA
User acknowledges and agrees that even if User is a resident of another country or uses the Services in another country, User’s personal data will be collected and processed in Switzerland.
User acknowledges and agrees that Zattoo may transfer and export the data to other countries, including the USA, even if such country does not offer the same level of data protection as Switzerland or User’s country of residence. Zattoo warrants an adequate level of data protection.
4. SERVICE USAGE
Each time the User accesses the Services, User’s login credentials and User’s permissions to access pay services are verified. If User selects the appropriate option in the Zattoo player, such login credentials will be automatically transmitted to Zattoo every time User starts the player.
Each time the User accesses the Services, Zattoo uses the IP address of User for the geographic location of User to define the channels available to User. To the extent required by applicable law, Zattoo will also use the address of User for such geographic location.
Zattoo may collect data on User’s usage of the Services such as IP address, TV channels and advertisements viewed, time and duration of a session, connectivity information, error codes. The usage data is not directly linked to User’s registration information, but processed pseudonymously by using a unique numerical UserID assigned by the system.
Zattoo may also use the data on the usage of the Services to compile statistics on usage patterns and may provide such statistics to third parties.
5. REPORTING TO COPYRIGHT HOLDERS
Zattoo uses the usage data to report regularly to copyright holders such as broadcasters and collecting societies on the viewing of their content and to pay the applicable royalties. Such reporting is done with aggregate data without disclosing any of User’s personal data. The copyright holders have rights to audit Zattoo’s reports and to access the usage data for that purpose, subject to appropriate confidentiality undertakings.
6. BILLING
To the extent User subscribes to pay services, Zattoo will collect and process payment information. Zattoo may also use third party payment processors for this purpose.
7. NEWSLETTER AND ZATTOO MARKETING
Zattoo, its parent companies, affiliates and subsidiaries, may use the personal data for Zattoo’s marketing purposes. Such newsletter may also include advertisement for third parties, which have not been given access to the personal data of User. User acknowledges that User can stop at any time the newsletter sent by Zattoo and the use of his or her personal data for the marketing purposes of Zattoo by modifying User’s preferences under www.zattoo.com > “My Zattoo”.
User acknowledges that even if User modifies his or her preferences, Zattoo may still send to User important communications regarding the Services.
8. ADVERTISEMENTS
Advertisements may be displayed when using the Services or the website. Zattoo may use the personal data of User to target the advertisement at certain demographic groups. Processing of personal data for such targeting is performed pseudonymously by using a unique numerical UserID.
The advertisements visible to User may be delivered by a third party advertising company. In the course of serving such advertisements, the third-party advertiser may place or recognize a unique “cookie” on User’s browser. This cookie does not collect personal data about User nor is it linked to any personal data about User. If User would like more information about this practice and to know User’s choices about not having this information used by this company, please click http://www.doubleclick.net/us/corporate/privacy.
Notwithstanding the disabling of the Cookies, User acknowledges and accepts that he or she will remain traceable via the UserID.
9. DIRECT MARKETING
If User has not exercised his or her opt out right at the time of registration, Zattoo may use his or her personal data to send him or her information about third parties’ products or services by electronic or traditional mail. Zattoo may share the personal data, including e-mail address and postal address, with third party processors for that purpose, but will remain the master of the data and will not allow the transfer of the personal data to other parties such as the advertisers themselves.
If User wishes to withdraw his or her consent to the use of his or her personal data for direct marketing on behalf of third parties, User can notify Zattoo of such withdrawal of consent by e-mail to optout@zattoo.com or letter to Zattoo Europe Ltd, Customer Support, Elias Canetti Strasse 7, 8050 Zurich, Switzerland.
10. CO-REGISTRATION
At the time of the registration, the User may have the possibility to elect to register with co-registration partners of Zattoo. If User makes such election, Zattoo will forward the data disclosed in such optional co-registration to the co-registration partner, which will become the master of such data.
11. IMPROVEMENT OF SERVICES
Zattoo will use statistical information, error messages, inquiries to customer support, information on the player version used and the connectivity and other such data to improve the Services, to identify and correct errors, and to further develop the Services.
12. COOKIES
Zattoo, both by way of identifying User via the UserID and by way of setting cookies, may collect data on User’s usage of the Services such as IP address, TV channels and advertisements viewed, duration of a session and page views on the Zattoo website. Cookies are small packages of data stored on User’s computer and memorized by User’s browser. Cookies allow faster navigation on websites, allow a personalized access of User in accordance with preferences and needs and prevent misuse of Zattoo’s website. User may at all times erase Cookies from his or her computer by using the respective functions of the browser. User acknowledges and accepts that the removal of Cookies may have an impact on the performance of the Services.
13. TRANSFER TO AND PROCESSING BY COOPERATION PARTNERS
By subscribing to or using the Services, User acknowledges and agrees that Zattoo is entitled to transfer User’s personal data to third parties with whom Zattoo has entered into a cooperation (“Cooperation Partners”). This data may be used by such Cooperation Partners for the elaboration and provision of services which conform to User’s preferences and for customized offers of such Cooperation Partners. If User does not agree with such transfer of User’s personal data to Cooperation Partners, User can object to such transfer by sending an e-mail to optout@zattoo.com or a letter to Zattoo Europe Ltd, Customer Support, Elias Canetti Strasse 7, 8050 Zurich, Switzerland.
14. TRANSFER OF DATA IN A COMPANY OR ASSET SALE
Zattoo might sell or purchase subsidiaries or business units. In such transactions as well as in the event Zattoo or substantially all of its assets or certain business units are acquired by a third party, User’s personal data will generally be one of the transferred business assets. Zattoo is entitled to include User’s personal data in any such transfer to a third party.
15. SAFETY
User acknowledges that the use of the internet is not safe and that there are certain inherent risks to User’s personal data. Zattoo shall make reasonable efforts to protect personal data but it cannot guarantee or warrant that data User provides to Zattoo is safe and protected from unauthorized third party access and it therefore waives all liability in this respect.
16. RETENTION OF RECORDS AND OFFICIAL INQUIRIES
User acknowledges and agrees that Zattoo may make User’s personal data available to governmental authorities when required to do so and in the event of illegal activities, violations of the End User License Agreement and/or the General Terms and Conditions of Use. User’s personal data is stored by Zattoo in accordance with and for the duration established in the provisions of applicable data protection laws and telecommunication laws and it may be deleted by Zattoo in accordance with such provisions, subject to compulsory legal provisions or orders from state authorities such as courts requiring Zattoo to store and maintain such personal data at the disposal of the authorities.
17. REQUEST FOR ACCESS
User may at all times request access to User’s personal data collected by Zattoo, request that such collected personal data is corrected if inaccurate, that the collection of personal data be stopped or that the collected personal data be erased, subject to legal provisions or orders from state authorities such as courts requiring Zattoo to store and maintain such personal data at the disposal of the authorities. Such request for access must be sent by letter together with a copy of an official identification document to Zattoo Europe Ltd, attn. General Counsel, Elias Canetti Strasse 7, 8050 Zurich, Switzerland.
18. WITHDRAWAL OF CONSENT
User can withdraw his or her consent to the processing of User’s personal data by sending an e-mail to optout@zattoo.com or a letter to Zattoo Europe Ltd, Customer Support, Elias Canetti Strasse 7, 8050 Zurich, Switzerland. In this case, Zattoo will cancel User’s account.
19. ADDITIONAL PRIVACY POLICIES
User acknowledges that additional privacy policies may apply to specific services, such as widgets.
20. AMENDMENTS
Zattoo may amend from time to time these rules by amending this Privacy Policy or the General Terms and Conditions of Use. The actual and legally binding version of the Privacy Policy is published on the Site and is valid as of the date of its publication. It is User’s sole responsibility to consult the Site from time to time, to take notice of any amendments and to abide by such amendments. If User does not agree with such amendment, User shall cease to use the Services.