*As noted above, Personal Data collected under Telly Website, App and Reservations Privacy Policy [www.freetelly.com/reservation-privacy-policy] is also used to enrich your Telly Product experience; please see that policy for further information regarding Categories of Personal Data we collect and how we use the data.

**This data is considered “Sensitive” under the California Privacy Rights Act (CCPA) and the Virginia Consumer Data Protection Act (VCDPA). 
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Categories of Sources of Personal Data

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

You

When you provide such information directly to us.

• When you voluntarily provide information in free-form text boxes or through responses to surveys or questionnaires.
• When you register your Telly Product we collect the information you provide to us, including certain Device/IP Data related to your Telly Product. 
• When you interact with customer support, whether through email, chat, SMS, or by phone, we collect the information you provide to us.
• When you use the voice-activated features of your Telly Product to control the Device with voice commands or engage the voice assistant, we capture and securely route the captured voice command audio to our voice assistant service. To improve and personalize your experience while also protecting your privacy, Telly only stores data related to the action resulting from such a command. For example, if you tell the voice assistant “Hey Telly, turn the volume to 32,” Telly will not retain the audio file or the transcript, but it will retain a record that the device responded to a voice command to set the volume to 32. Our voice assistant service may securely store the voice command inputs for diagnostic and limited uses and is prohibited from sharing the data with others.
• When you choose to use applications that leverage Telly’s built-in camera such as Zoom for video conferencing or motion-tracking fitness applications, Telly will securely transmit your video or images to that service provider. The Telly camera is equipped with a built-in privacy shutter that will be closed by default as an extra layer of user control. Applications that use the camera on the Telly do not store images or videos from your usage sessions on the device and only securely route to the applications you are using in accordance with their policies.
• We may receive and collect information transmitted from your Telly Device for the purpose of providing you the relevant Product, such as information regarding when you are actively using your Telly Product and available to receive updates or alert notices.

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When you use your Telly Product and such information is collected automatically.

• Tellys are equipped with ACR technology that can understand viewing behavior and usage by monitoring and recognizing audio and video content, including audio and video programming, content you’re viewing, and ads and gaming that you engage with via your Telly Product. We refer to this data as either Viewing Data or Activity Data.  Telly Devices are also equipped with a sensor that helps us detect presence and motion near the Telly Device. For a more information about how we collect and use this data, please refer to our Viewing and Activity Data Policy Supplement [www.freetelly.com/viewing-activity-data-policy].

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Third Parties

Vendors

• We may use analytics providers to analyze how you interact and engage with the Services, or third parties may help us provide you with customer support.
• We use fraud-detection providers to detect, prevent and combat harmful or unlawful or fraudulent behavior and to maintain the integrity of our Products.

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 Products.

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Our Commercial or Business Purposes for Collecting or Disclosing Personal Data

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 Products.
• Improving the Products, including testing, research, internal analytics and product development.
• Customizing the Products, website content and communications based on your preferences.
• Doing fraud protection, security and debugging.
• Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the CCPA.

Advertising

• Marketing and selling the Products.
• Showing you advertisements, including interest-based or online behavioral advertising (including cross-context behavioral advertising and targeted 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 Products.
• 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.

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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.

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How We Disclose Data

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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.

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

• Hosting, technology and communication providers.
• Data privacy and security compliance platforms.
• Security and fraud prevention vendors and platforms. 
• Support and customer service vendors.
• Product fulfillment and delivery providers.
• Payment processors. For example:

           - 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:

• Advertisers, ad agencies, and our and their advertising technology companies and partners, to show you ads that we and they think may interest you. 
• Audience measurement providers, to help us and our advertising partners understand the effectiveness of ad campaigns, including the audience that saw their ads and how they responded.

Analytics Partners. These parties provide analytics on usage of the Products. They include:

• Companies that track how users interact with the Telly Product and how specific features of the Telly (such as the voice-activated features or the Telly camera) perform.

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

• Businesses that offer services or apps through the Telly Product that you connect to or interact 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.

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Legal Obligations

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.

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Business Transfers

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.

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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.  
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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.


Data Security 

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.

Data Retention

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.

For example:

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

Personal Data of Children

As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data about children under 18 years of age; if you are a child under the age of 18, please do not attempt to register for or otherwise use the Products or send us any Personal Data. If we learn we have collected Personal Data from a child under 18 years of age, we will delete that information as quickly as possible. If you believe that a child under 18 years of age may have provided Personal 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. Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. 

If there are any conflicts between this section and any other provision of this Telly Product Privacy Policy and you are a California resident, the portion that is more protective of Personal 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 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:

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

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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.

Deletion

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. 

Correction

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

In this section, we use the terms ‘sell’ and ‘share’ as defined in the CCPA. We may sell or share Personal Data governed by the Telly Product Privacy Policy, subject to your right to opt-out of selling and sharing. As outlined in our Notice of Financial Incentive [www.freetelly.com/notice-of-financial-incentive], you will be required to consent to the Financial Incentive program when you confirm your Telly Product order. Although you may withdraw your consent under the Financial Incentive program at any time, note that doing so will terminate your rights to the Product offered under the Financial Incentive, including use of the Services and will require you to return your Telly Product. Additionally, while you have certain rights related to the personal information we hold about you, as discussed in this section, exercising such rights, which are subject to certain exceptions, may not be compatible with your participation in this Financial Incentive program and will interfere with your use of your Telly Product (i.e., the Product) and Services.

We may sell and share Personal Data with the following categories of third parties:

• Analytics Partners
• Advertising Partners
• Business Partners

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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:

• Device/IP Data
• Device Analytics
• Commercial Data
• Geolocation Data

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:

• Improving the Services, including testing, research, internal analytics and product development.
• Personalizing the Services, website content and communications based on your preferences.
• Doing fraud protection, security and debugging.
• Showing you advertisements, including interest-based or online behavioral advertising or cross-context behavioral advertising.

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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:

• Email us at support@freetelly.com.
• In line with the Notice of Financial Incentive terms [www.freetelly.com/notice-of-financial-incentive].

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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.

If there are any conflicts between this section and any other provision of this Telly Product Privacy Policy and you are a Virginia resident, the portion that is more protective of Personal 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 may have the right to request confirmation of whether or not we are processing your Personal Data and to access your Personal Data.

Correction

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.

Portability

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

Deletion

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.

• You may have the right to opt-out of the processing of your data for targeted advertising purposes. We may process your data for targeted advertising purposes. To opt-out of our processing of Personal Data for targeted advertising purposes

• Email us at support@freetelly.com.
• You can delete your account

• You may have the right to opt-out to the sale of your data. As discussed in the “Personal Data Sales and Sharing Opt-Out and Opt-In” under the “California Resident Rights” section, some of our data sharing relationships may constitute a “sale” as defined by the VCDPA.
• You may 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 method:

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

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Exercising Your Rights under CCPA and VCDPA

To exercise the rights described in this Telly Product 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 Personal 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 method:

• Email us at: support@freetelly.com

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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.

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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. 

Contact Information:

If you have any questions or comments about this Telly Product Privacy Policy, the ways in which we collect use and share 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