Effective date: 7/11/2023
In addition, Telly Devices are equipped with automatic content recognition (“ACR”) technology that can understand viewing behavior and device usage by monitoring and recognizing the audio and video content (including audio and video programming), games that you play, and ads that you see on the Telly Product. We refer to this data as either Viewing Data or Activity Data. Your Telly Device is also equipped with a sensor that helps us detect motion and presence near the Telly Device. For a more information about how we collect and use such data to enhance your Telly Product experience please refer to our Viewing and Activity Data Policy Supplement [www.freetelly.com/viewing-activity-data-policy].
How We Disclose Personal Data
Tracking Tools, Advertising and Opt-Out
Personal Data of Children
California Resident Rights
Virginia Resident Rights
Exercising Your Rights under CPRA and VCDPA
Other State Law Privacy Rights
Categories of Personal Data We Collect*
This chart details the categories of Personal Data that we collect and have collected over the past 12 months:
**This data is considered “Sensitive” under the California Privacy Rights Act (CCPA) and the Virginia Consumer Data Protection Act (VCDPA).
Categories of Sources of Personal Data
We collect Personal Data about you from the following categories of sources:
When you provide such information directly to us.
When you use your Telly Product and such information is collected automatically.
Our Commercial or Business Purposes for Collecting or Disclosing Personal Data
Providing, Customizing and Improving the Services
Corresponding with You
Meeting Legal Requirements and Enforcing Legal Terms
We will not collect additional categories of Personal Data or use the Personal 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 CCPA 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 Personal 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” or a “share” of your Personal 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:
- Our payment processing partner Stripe, Inc. (“Stripe”) collects your voluntarily-provided payment card information necessary to process your payment and to provide us with fraud-prevention services.
Advertising Partners. These parties help us deliver relevant advertisements to you. They include:
Analytics Partners. These parties provide analytics on usage of the Products. They include:
Business Partners. These parties partner with us in offering various services. They include:
Parties You Authorize, Access or Authenticate
We may share any Personal 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 or Disclosing Personal Data” section above. This may include Law enforcement or others involved with legal, security and safety matters, processes and requests.
All of your Personal Data that 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.
Information about Interest-Based Advertisements:
We may share information collected from our Telly Products with advertising partners to show you ads that we or they think may interest you. For example, we, together with third-party advertising partners, may display advertisements from other companies on our Telly Products and in our Services, sometimes enabling users to interact with the advertisements or click through to applications or other properties owned or operated by other companies. These advertisers and their service providers may use pixel tags and similar technologies to collect information, from or about you to tailor advertisements, measure advertising effectiveness, and enable other enhancements. We use information to help our ad partners to reach the desired audience and understand and improve their ad campaigns.
We seek to protect Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational, and administrative security measures based on the type of Personal 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 Telly Product and device and/or browser used to access your account; 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.
We retain Personal 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 Personal Data. When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Data, why we collected the Personal Data, and the sensitivity of the Personal Data. In some cases, we retain Personal 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.
Personal Data of Children
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. Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights.
You may have the right to request certain information about our collection and use of your Personal Data over the past 12 months. In response, we will provide you with the following information:
If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third-party recipient. If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data sold to each category of third-party recipient.
You may have the right to request that we delete the Personal Data that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested or if deletion of your Personal Data involves disproportionate effort. If your deletion request is subject to one of these exceptions, we may deny your deletion request.
You may have the right to request that we correct any inaccurate Personal Data we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, if we decide, based on the totality of circumstances related to your Personal Data, that such data is correct. If your correction request is subject to one of these exceptions, we may deny your request.
Personal Data Sales and Sharing Opt-Out and Opt-In
We may sell and share Personal Data with the following categories of third parties:
Over the past 12 months, we may have sold or shared the following categories of your Personal Data with the categories of third parties listed above:
Over the past 12 months, we may have sold or shared the following categories of your Personal Data with the categories of third parties listed for the following purposes:
You have the right to opt-out of the sale or sharing of your Personal Data, subject to certain exceptions provided for under the CCPA. You can opt-out using the following methods:
Once you have submitted an opt-out request, we will not ask you to reauthorize the sale of your Personal Data for at least 12 months.
To our knowledge, we do not sell the Personal 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.
Notice of Financial Incentive
When you use the Product you consent to receiving a free internet-connected device and services that power the device’s experience and applications (the “Financial Incentive”) in exchange for the right to use the Personal Data you provide to Telly. For more information, please see our Notice of Financial Incentive [www.freetelly.com/notice-of-financial-incentive].
Virginia Resident Rights
If you are a Virginia resident, you have the rights set forth under the VCDPA. Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal 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.
You may have the right to request confirmation of whether or not we are processing your Personal Data and to access your Personal Data.
You may have the right to correct inaccuracies in your Personal Data, to the extent such correction is appropriate in consideration of the nature of such data and our purposes of processing your Personal Data.
You may have the right to request a copy of your Personal Data in a machine-readable format, to the extent technically feasible.
You may have the right to delete your Personal Data.
Opt-Out of Certain Processing Activities
If you are a Virginia resident, you may have the right to opt-out of the processing activities identified below.
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 method:
Exercising Your Rights under CCPA and VCDPA
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 method:
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.
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 email@example.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 firstname.lastname@example.org 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.