Categories of Sources of Data

We collect Data about you from the following categories of sources:

• You

• When you provide such information directly to us.

• When you create an account or use our interactive tools and Services.
• When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys or questionnaires.
• When you send us an email or otherwise contact us.  

• When you use our Services and such information is collected automatically.

• Through Cookies (defined in the “Tracking Tools, Advertising and Opt-Out” section below).
• If you download our mobile application or use a location-enabled browser, we may receive information about your location and mobile device, as applicable.

• Third Parties

• Advertising Partners

• We receive information about you from some of our vendors who assist us with marketing or promotional services related to how you interact with our websites, applications, products, Services, advertisements, or communications.

Our Commercial or Business Purposes for Collecting or Disclosing Data

In exchange for providing you with free Services, we will collect and disclose your Data for the following purposes:

• Providing, Customizing and Improving the Services

• Creating and managing your account or other user profiles.
• Providing you with the services or information you request.
• Meeting or fulfilling the reason you provided the information to us.
• Providing support and assistance for the Services.
• Improving the Services, including testing, research, internal analytics and product development.
• izing the Services, website content and communications based on your preferences.
• Doing fraud protection, security and debugging.
• Carrying out other business purposes stated when collecting your  Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act as amended by the California Privacy Rights Act of 2020 (the “CPRA”).

• Marketing the Services

• Showing you advertisements, including interest-based or online behavioral advertising.

• Corresponding with You

• Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about Telly or the Services.
• Sending emails and other communications according to your preferences or that display content that we think will interest you.

• Meeting Legal Requirements and Enforcing Legal Terms

• Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting, and investigating security incidents and potentially illegal or prohibited activities.
• Protecting the rights, property or safety of you, Telly or another party.
• Enforcing any agreements with you.
• Responding to claims that any posting or other content violates third-party rights.
• Resolving disputes.

Data we do not collect

• Our product has embedded microphones in it that activate the “Hey Telly” feature. When you use “Hey Telly” to make a voice request, the things you say are recorded by or sent to Telly servers. As is the industry standard with voice assistant technology, Telly partners with 3^rd parties that power our “Hey Telly” feature and they may anonymously store voice commands to make improvements and enhancements to our services.
• Our product has a built in camera that supports features like video calling, fitness, and arcade games. There will be more features that launch over time that the camera will also support. The camera has a physical shutter built into it and the user controls when the camera is open and closed. When the camera is open, images, recordings, or biometric information about you are not stored on Telly servers.

We will not collect additional categories of Data or use the Data we collected for materially different, unrelated or incompatible purposes without providing you notice.  If you are a California resident, please note that we only use or disclose your information for the purposes set forth in section 7027(m) of the CPRA regulations and we do not collect or process information with the purpose of inferring any characteristics about California residents.

How We Disclose Data

We disclose Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your  Data. For more information, please refer to the state-specific sections below.

• Service Providers. These parties help us provide the Services or perform business functions on our behalf. They include:

• Hosting, technology and communication providers.
• Security and fraud prevention consultants.
• Support and customer service vendors.
• Product fulfillment and delivery providers.
• Payment processors.

• Advertising and Data Partners. These parties help us measure our audience and market our services and provide you with other offers that may be of interest to you. They include:

• Ad networks.

• Analytics Partners. These parties provide analytics on web traffic or usage of the Services. They include:

• Companies that track how users found or were referred to the Services.
• Companies that track how users interact with the Services.

• Business Partners. These parties partner with us in offering various services. They include:

• Businesses that you have a relationship with.
• Companies that we partner with to offer joint promotional offers or opportunities.

• Parties You Authorize, Access or Authenticate

• Third parties you access through the services.

We also may disclose information about you in other circumstances, including:

• to law enforcement authorities, government or public agencies or officials, regulators, and/or any other person or entity with appropriate legal authority or justification for receipt of such information, if required or permitted to do so by law or legal process;
• when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity; or
• in the event we may or do sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution, or liquidation).

Unless you expressly give us permission in writing to do so, we will not sell, rent, license, share or trade your information other than as specified in this Privacy Policy.

Legal Obligations

We may share any Data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Data” section above.

Business Transfers

All Data we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy, or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

Data that is not Personal Data

We may create aggregated, de-identified or anonymized data from the data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not share such data in a manner that could identify you.  

Tracking Tools, Advertising and Opt-Out

The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time.

We use the following types of Cookies:

• Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
• Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to size our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising. For example, Google LLC (“Google”) uses cookies in connection with its Google Analytics services. Google’s ability to use and share information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt-out of Google’s use of Cookies by visiting the Google advertising opt-out page at www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.gYou can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.

To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/.

Information about Interest-Based Advertisements:

We may serve advertisements, and also allow third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Services. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (“Interest-Based Ads”). Information for Interest-Based Ads (including Data) may be provided to us by you, or derived from the usage patterns of particular users on the Services and/or services of third parties. Such information may be gathered through tracking users’ activities across time and unaffiliated properties, including when you leave the Services. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a “web beacon”) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.

We comply with the Digital Advertising Alliance (“DAA”) Self-Regulatory Principles for Online Behavioral Advertising. Through the DAA and Network Advertising Initiative (“NAI”), several media and marketing associations have developed an industry self-regulatory program to give consumers a better understanding of, and greater control over, ads that are customized based a consumer’s online behavior across different websites and properties. To make choices about Interest-Based Ads from participating third parties, including to opt-out of receiving behaviorally targeted advertisements from participating organizations, please visit the DAA’s or NAI’s consumer opt-out pages, which are located at http://www.networkadvertising.org/choices/ or www.aboutads.info/choices.

Data Security

We seek to protect Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational, and administrative security measures based on the type of Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.

Data Retention

We retain Data about you for as long as you have an open account with us or as otherwise necessary to provide you with our Services or to perform our business or commercial purposes for collecting your Data. When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Data, why we collected the Data, and the sensitivity of the Data. In some cases, we retain Data for longer following the end of you having an open account or using our Services, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule, or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

For example:

• We retain your profile information and credentials for as long as you have an account with us.
• We retain your payment data for as long as we need to process your purchase or subscription.
• We retain your device/IP data for as long as we need it to ensure that our systems are working appropriately, effectively and efficiently.

Data of Children

As noted in the Terms of Use, we do not knowingly collect or solicit Data about children under 13 years of age; if you are a child under the age of 13, please do not attempt to register for or otherwise use the Services or send us any Data. Use of the Services may capture the physical presence of a child under the age of 13, but no Data about the child is collected. If we learn we have collected Data from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided Data to us, please contact us at support@freetelly.com.

California Resident Rights

If you are a California resident, you have the rights set forth in this section pursuant to the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CPRA”). Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. Please note that we may process Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your data as a service provider, you should contact the entity that collected your Data in the first instance to address your rights with respect to such data.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at support@freetelly.com.

Access

You have the right to request certain information about our collection and use of your Data over the past 12 months. In response, we will provide you with the following information:

• The categories of Data that we have collected about you.
• The categories of sources from which that Data was collected.
• The business or commercial purpose for collecting or selling your Data.
• The categories of third parties with whom we have shared your Data.
• The specific pieces of Data that we have collected about you.

If we have disclosed your Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Data shared with each category of third party recipient. If we have sold your Data over the past 12 months, we will identify the categories of Data sold to each category of third party recipient.

Deletion

You have the right to request that we delete the Data that we have collected about you. Under the CPRA, this right is subject to certain exceptions: for example, we may need to retain your Data to provide you with the Services or complete a transaction or other action you have requested or if deletion of your  Data involves disproportionate effort. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

Correction

You have the right to request that we correct any inaccurate Data we have collected about you. Under the CPRA, this right is subject to certain exceptions: for example, if we decide, based on the totality of circumstances related to your Data, that such data is correct. If your correction request is subject to one of these exceptions, we may deny your request.

Processing of Sensitive Information and Opt-Out

We collect Data that is considered “Sensitive Information” under the CPRA. Because we use or disclose Sensitive Information for purposes other than those set forth in section 7027(m) of the CPRA regulations, California residents have the right to request that we limit the use or sharing of their Sensitive Information (“Right to Limit”). The Right to Limit allows California residents to direct a business that collects Sensitive  Information to limit its use of this information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services, to perform the services set forth in paragraphs (2), (4), (5), and (8) of subdivision (e) of Section 1798.140, and as authorized in the CPRA regulations.

Consumers have certain rights over the processing of their sensitive information. However, we do not collect sensitive categories of information.

Submitting Requests

To submit a request to access, delete, correct, or limit, may email us at support@telly.com

We will respond to your request in compliance with the requirements of applicable laws. Please note that we are only required to honor California requests to know twice in a 12-month period.

Authorized Agents

You may permit an authorized agent to submit a request to access, delete, correct or limit your Data. If we receive a request on your behalf, we will ask that person to give us proof that you gave that person written permission to make a request for you. If that person does not provide us with written proof, we will deny their request so that we can protect your Data.

Automated Decision-Making

We generally do not use automated decision-making technology, as that term is defined by state privacy laws. If we make use of automated decision-making technology, you will be informed through a separate privacy notice.

California law also permits our users who are California residents to request certain information about our disclosure of information to third parties for their own direct marketing purposes during the preceding calendar year. This request is free and may be made once a year. To make such a request, please write to us as described below in “Contact Information.”

Virginia Resident Rights

If you are a Virginia resident, you have the rights set forth under the Virginia Consumer Data Protection Act (“VCDPA”). Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. Please note that we may process Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Data as a service provider, you should contact the entity that collected your Data in the first instance to address your rights with respect to such data. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a Virginia resident, the portion that is more protective of Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at support@freetelly.com.

Access

You have the right to request confirmation of whether or not we are processing your Data and to access your Data.

Correction

You have the right to correct inaccuracies in your Data, to the extent such correction is appropriate in consideration of the nature of such data and our purposes of processing your Data.

Portability

You have the right to request a copy of your Data in a machine-readable format, to the extent technically feasible.

Deletion

You have the right to delete your Data.

Opt-Out of Certain Processing Activities

Virginia consumers have the right to opt-out of the processing activities identified below.  In the event a Virginia consumer opts-out, however, they must stop use of all Telly Services, and return the television provided to them.  Failure to do so will void the consumer’s election to opt-out.

• You have the right to opt-out of the processing of your data for targeted advertising purposes. We process your data for targeted advertising purposes. To opt-out of our processing of data for targeted advertising purposes, please email support@freetelly.com.
• You have the right to opt-out to the sale of your data. As discussed in the “Data Sales Opt-Out and Opt-In” and “Data Sharing Opt-Out and Opt-In” under the “California Resident Rights” section, some of our data sharing relationships constitute a “sale” as defined by the Virginia Consumer Data Protection Act (“VCDPA”). We do not currently sell your data as defined under the VCDPA.
• You have the right to opt-out from the processing of your data for the purposes of profiling in furtherance of decisions that produce legal or similarly significant effects to you, if applicable.

Appealing a Denial

If we refuse to take action on a request within a reasonable period of time after receiving your request in accordance with this section, you may appeal our decision. In such appeal, you must (1) provide sufficient information to allow us to verify that you are the person about whom the original request pertains and to identify the original request, and (2) provide a description of the basis of your appeal. Please note that your appeal will be subject to your rights and obligations afforded to you under the VCDPA. We will respond to your appeal within 60 days of receiving your request. If we deny your appeal, you have the right to contact the Virginia Attorney General using the methods described at https://www.oag.state.va.us/consumer-protection/index.php/file-a-complaint.

You may appeal a decision by us using the following methods:

• Email us at: support@freetelly.com (title must include “VCDPA Appeal”)

Exercising Your Rights under CPRA and VCDPA

To exercise the rights described in this Privacy Policy, you or, if you are a California resident, your Authorized Agent (defined below) must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected  Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request within the time period required by applicable law. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

You may submit a Valid Request using the following methods:

• Email us at: support@freetelly.com

If you are a California resident, you may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

Data Sales Opt-Out and Opt-In

In this section, we use the term ‘sell’ as it is defined in the CCPA. We sell your data, subject to your right to opt-out of these sales.

As described in the “Tracking Tools, Advertising and Opt-Out” section above, we have incorporated Cookies from certain third parties into our Services. These Cookies allow those third parties to receive information about your activity on our Services that is associated with your browser or device. Those third parties may use that data to serve you relevant ads on our Services or on other websites you visit. Under the CCPA, sharing your data through third party Cookies for online advertising may be considered a “sale” of information. You can opt out of these sales by following the instructions in this section.

We sell your data anonymously to the following categories of third parties:

• Ad Networks.
• Data brokers.
• Marketing providers.
• Media/marketing research.
• Other

Over the past 12 months, we have sold the following categories of your  Data to categories of third parties listed above:

• List of categories of data that have been sold to third parties

You have the right to opt-out of the sale of your data, but unfortunately, that means you will no longer be able to use Services. You can opt-out using the following methods:

• You can complete the online form found here: Do Not Sell My Information www.freetelly.com/contact
• Email us at support@freetelly.com

Once you have submitted an opt-out request, we will not ask you to reauthorize the sale of your data for at least 12 months.

To our knowledge, we do not sell the data of minors under 16 years of age.

We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA

We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of data that we receive from you.

Other State Law Privacy Rights

California Resident Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at support@freetelly.com.

Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain data to third parties who intend to license or sell that data. You can exercise this right by contacting us at support@freetelly.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your data as sales are defined in Nevada Revised Statutes Chapter 603A.

Changes to this Privacy Policy

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time, but we will alert you to any material changes by placing a notice on the Telly website, by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

Not for Resale

Telly is only available in the United States.  Unless otherwise agreed by Telly, you may not resell our Services.

Contact Information:

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your data or your choices and rights regarding such collection and use, please do not hesitate to contact us at:

• www.freetelly.com
• support@freetelly.com
• 14622 VENTURA BLVD #102 PMB 2037 SHERMAN OAKS, CA 91403