Zattoo Data Protection Agreement
Status November 2014 / Download
Zattoo defines the present services of Zattoo Europa AG.
Zattoo Europa AG, Zattoo Schweiz AG and Zattoo International AG are taking the protection of your personal data very seriously. This privacy act declaration governs the storage, processing and disclosure of personal user data by Zattoo in accordance with the European and Swiss Privacy Act. It is valid part of Zattoo’s General Business Terms and Conditions
1. PRIVACY ACT OBJECTIVE AND RESPONSIBLE OFFICE
This privacy act declaration applies to all services provided by Zattoo. Services may include internet websites, as well as (mobile) applications (apps), particularly apps for mobile end devices, smart-TVs and set-top-boxes or streaming-boxes and other applications (software). Unless otherwise indicated, it governs how Zattoo handles your personal data exclusively. The office responsible for data processing is Zattoo Europa AG. If you use third party services, the privacy act provisions of these third parties used shall apply exclusively.
2. DATA COLLECTION
During registration, as well as use, certain personal user data is collected and processed. This includes or may include: e-mail address, name, mailing address, payment information, date of birth, gender, language (as a whole, referred to as “personal data), income, education, household, occupation, consumer behavior, hobbies, preferred activities and use of services (all of the above information is referred to hereafter as “relevant personal data”).
Within the scope of utilization, additional data such as IP addresses, browser type and access times from your computer, are transferred to us automatically and stored on our servers (hereafter referred to as “user data”)
3. TRANSFER TO AFFILIATED COMPANIES OR THIRD PARTIES
By registering for, or using the services, the user acknowledges and agrees that his personal data is transferred or made accessible to the following companies for the below listed purposes:
Zattoo Europa AG, Eggbühlstrasse 28, 8050 Zurich, Switzerland
Zattoo Schweiz AG, Seestrasse 30a, 8806 Bäch, Switzerland
Zattoo International AG, Eggbühlstrasse 28, 8050 Zurich, Switzerland
In addition, the user agrees that Zattoo may transfer the personal data received from the user to third parties as follows: to payment providers (e.g. credit card companies, banks, PayPal, mobile service providers, collection agencies), service providers for creating and preparing statistics, IT service providers (e.g. data centers, host providers, backup services, database services). The aforementioned service providers can only access your personal data to the extent necessary for providing their services.
These companies, as well as service providers are obligated to handle the data pursuant to this privacy act declaration and the applicable Privacy Protection Act.
4. TRANSFER TO FOREIGN COUNTRIES
The user acknowledges and agrees that relevant personal data is collected and processed in Switzerland, even if the user resides in a different country or utilizes service from a different country.
The user acknowledges and agrees that Zattoo may transfer and export the data to other countries, including the USA, even if the respective country’s privacy act standards deviate from the Swiss standards or the standards of the user’s country of residence. In this case Zattoo shall secure adequate data protection.
5. USE OF DATA
a. UTILIZATION OF SERVICES
Zattoo utilizes relevant personal data for the purpose and the implementation of using Zattoo and for payment processing. If the user accesses the services, Zattoo determines the IP address to define the country in which the user resides in order to designate the available channels.
Zattoo may collect and process data relevant to the user’s utilization of services, e.g. IP address, TV channels and advertisements viewed, time and duration of a session, connectivity information and error messages etc.
Zattoo may also use the data for service utilization and preparing anonymous statistics of user behavior, and forward these statistics to third parties.
b. BILLING AND STATEMENT FOR COPYRIGHT FEES
If the user subscribes to services subject to charges, Zattoo will collect and process the payment information. Zattoo is entitled to contract third parties payment processing purposes.
Zattoo utilizes the data concerning the use of services for creating regular reports for the legal owners (e.g. broadcasting facilities, communication companies) regarding the viewer numbers of their contents and for calculating the applicable copyright fees. The reporting includes the aggregated numbers without disclosing the user’s personal data.
c. NEWS AND ADEVERTISEMENTS
Zattoo collects and processes address and order data for newsletters and advertising purposes. The user may revoke his consent for the use of his personal data to receive newsletters and/or advertisements at any time. To revoke the consent, the user can click on “unsubscribe” at the end of the newsletter and/or advertisement or revoke the consent in his personal user account.
The user agrees that Zattoo may send important messages regarding services to the user despite the revocation of consent.
6. ADVERTISEMENT, PERSONALIZED ADVERTISEMENT
Advertisements may be displayed/”pop up” when utilizing the services or visiting the website. Zattoo also displays personalized third party advertisements if the contents are based on the information provided by the user; such as the use of Zattoo services or the data disclosed by the user during registration. The advertisement may be provided by contracted third parties. You may update the data in your user account if you do not wish your data to be used for advertisement purposes, this will not affect your ability to use the services provided by Zattoo.
In part, Zattoo provides an option to its users to register with Zattoo partners during the registration process as well. If a user selects a co-registration, Zattoo will forward the data provided for the co-registration to its partner, which will then become the owner of this data. Zattoo shall explicitly advise the user of the data transfer.
8. SOCIAL NETWORK
Zattoo provides recommendation buttons for the following social networks on its website:
These buttons enable the user to recommend selected Zattoo contents regarding the respective social network to other internet users, add his personal profile in the social network, or bring attention to Zattoo contents.
The recommendation buttons are provided by the social network operators for the purpose of integrating other websites. By integrating the plugins on Zattoo, the operators of the respective social networks may receive the information that the user has accessed the respective Zattoo website. If the user is logged in on a social network while visiting Zattoo, the network operator may assign a user account to this visit. If such an assignment is not desired, we recommend you log off the social network prior to accessing the Zattoo website. If the user utilizes the buttons or comments, the respective information is transferred to, and stored on the corresponding social network.
Purpose and extent of data collection, subsequent processing and use of data by social networks, as well as the corresponding rights and setting options to protect your privacy are available in the social network operator’s privacy act information:
Facebook Ireland Ltd. and/or Facebook Inc.: http://de-de.facebook.com/policy.php
Google Inc.: http://www.google.de/intl/de/privacy/plusone/
Twitter Inc.: http://twitter.com/privacy
b. LOGIN BY THIRD PARTY PROVIDERS
Zattoo provides an option to log on with your registered Zattoo account or with third party accounts you may have registered.
This simplifies and speeds up the log on process and also provides you with an option to link Zattoo with the third party account and possible other functions to the extent of the third party’s functional scope.
Please note that your account settings with third party providers, as well as their privacy act provisions, the scope of data collection, as well as the data third party providers may transfer to us, could deviate.
We collect, process and use the data transferred to us exclusively in accordance with this privacy act declaration.
However, Zattoo can only influence which data the third party provider transfers to Zattoo to a limited extent. This is subject to the servitude conditions and privacy act provisions of the applicable third party provider.
You may access this information as follows:
9 ANALYSIS TOOLS
a. Google Analytics
Our services use Google Analytics in connection with Google Remarketing. These are programs used for web analysis and target oriented advertising management offered by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google“). Google uses so called “cookies”; text files, which are stored on the users’ computers or mobile end devices and which enable an analysis for the utilization of our services. The information generated by the cookie regarding the use of our services are generally transferred to, and stored on a Google server in the USA. Within the scope of our services however, we have taken measures to activate IP anonymisation. With this process, the IP addresses of our users have been abbreviated in the European Union member states or other contract states within the Agreement on the European Economic Area by Google. Only in exceptional cases the entire IP address is transferred to a Google server and abbreviated there. Google will use the information transferred on our behalf to analyze the use of our services by users, to create reports regarding the use activity and to provide other services corresponding to the use of our services.
These additional services include Google Remarketing. Google Remarketing serves the purpose of us, or third party providers, including Google to activate advertisements on internet websites. When activating advertisements, Google Remarketing enables us to address internet users who have previously used our services. Cookies are utilized for this purpose.
The IP addresses transferred within the scope of Google Analytics are not combined with other Google data.
You can prevent the storage of cookies with by using the respective setting in your internet browser, however, we advise you that in this case you may not be able to use all functions our services provide to the full extent.
You can also prevent the collection of data generated by cookies regarding your use of our services (incl. your IP address) for Google, as well as the data being processed by Google. If you are utilizing our services on a computer on your browser, download the available: https://tools.google.com/dlpage/gaoptout?hl=de
If you are using our services on a mobile end device, you can deactivate the above mentioned data collection process in your settings/privacy act menu for the Zattoo app.
b. Use of the Scalable Centralized Measuring Process (Domain/Cookie “ioam.de” and „ivwbox.de“)
The goal of the measurement range is to determine the servitude intensity and the number of website users in a statistical manner. Individual users are not identified at any time. Your identity always remains protected. You will not receive any advertisements through this system. For web providers that are members of the Informationsgemeinschaft zur Feststellung der Verbreitung von Werbeträgern e.V. (Information Group for Determination of Web Carriers) (IVW – http://www.ivw.eu), or participate in the study “internet facts, of the Arbeitsgemeinschaft Online-Forschung e.V. (Work Affiliation Online Research) (AGOF – www.agof.de), the servitude statistics are published monthly by AGOF and the Arbeitsgemeinschaft Media-Analyse e.V. (Work Affiliation Media Analysis)(ag.ma- www.agma-mmc.de), as well as IVW and may be accessed at http://www.agof.de, http://www.agma-mmc.de and http://www.ivw.eu.
In addition to the publication of measurement data, the IVW reviews the SZM process with regard to regulation and privacy conformity servitude on regular basis.
Additional information about the SZM process is available on the INFOnline GmbH website (https://www.infonline.de), which operates the SZM process, the privacy act website of AGOF (http://www.agof.de/datenschutz) and the privacy act website of IVW (http://www.ivw.eu).
You may dispute data processing by SZM on the following link:
http://optout.ioam.de and http://optout.ivwbox.de. If you are using our services on a mobile end device, you can deactivate data processing by SZM in you settings/privacy act menu for the Zattoo app.
c. Use of Optimizely
Our services use Optimizely, a web analysis service offered by Optimizely, Inc. (“Optimizely”), 631 Howard Street, Suite 100, San Francisco, CA 94105.
Optimizely uses so called “cookies”, text files, which are stored on the users’ computers or mobile end devices and enable the analysis of the utilization of our services.
The process determines the browser used, user behavior and user pattern of our services by the user. Individual users are not identified at any time. The information generated by the cookie regarding your use of our services are generally transferred to, and stored on an Optimizely server in the USA.
In the event IP anonymisation is activated on our service portal, your IP address is abbreviated in the European Union member states of or other contract states participating in the Agreement on the European Economic Area by Optimizely. Only in exceptional cases the entire IP address is transferred to an Optimizely server and abbreviated there. Optimizely will use the information transferred on behalf of the operator to analyze your use of the website and to create reports regarding website activity.
To our knowledge, the IP addresses transferred from your browser within the scope of Optimizely activities are not combined with other Optimizely data. You can prevent the storage of cookies by using the respective setting in your internet browser software, or in the settings/privacy act menu of your Zattoo app; however, we advise you that in this case you may not be able to use all functions our services provide to the full extent.
In addition, you can also deactivate the Optimizely-tracking process (and prevent the collection of data generated by cookies regarding your use of our services incl. your IP address by Optimizely, as well as the data being processed by Optimizely by following the instructions provided on: http://www.optimizely.com/opt_out
However, Zattoo can only influence the data transferred by Optimizely to Zattoo to a limited extent. This transfer is subject to the servitude conditions and privacy act provisions of Optimizely.
The servitude conditions are available at:
10. DATA TRANSFER IN THE EVENT OF A MERGER
Zattoo may purchase or sell subsidiaries or business units. In the event of such transactions, as well as in case of a Zattoo take-over, or a substantial part of active Zattoo shares, or designated business areas, the personal user data will generally be part of the active Zattoo shares. Zattoo reserves the right to include the personal user data in such a potential take-over/merger. The provisions outlined in this privacy act declaration and the applicable privacy act shall also apply to data transferred in the aforementioned circumstances.
11. RIGHT TO DISCLOSURE
The user may request information regarding his personal data at Zattoo and the correction of incorrect data, as well as the collection of data being ceased and/or data is deleted. Statutory provisions and regulations by governing officials, e.g. courts, which may mandate Zattoo storing and making available this personal data are reserved. Disclosure inquiries must be directed to email@example.com via email, or in written form to Zattoo Europa AG, Customer Support, Eggbühlstrasse 28, 8050 Zürich, Switzerland. If you would like to delete your account or terminate a paid subscription, you may do so by using our customer menu. Delete Account , Terminate Subscription.
12. ADDITIONAL PRIVACY ACT DECLARATIONS
The user is aware that additional privacy act declarations for certain services, e.g. apps, may apply.
As of March 2012 / Download
Zattoo refers to the respective services of Zattoo Switzerland Ltd. or to the company itself. Zattoo Europa AG, Zattoo Schweiz AG and Zattoo International AG take the protection of users’ personal data very seriously. This Data Protection Agreement regulates the recording, processing and sharing of its users´ personal data by Zattoo, in accordance with European and Swiss Data Protection legislature. It applies in conjunction with Zattoo’s General Terms and Conditions.
1. SUBJECT OF THE DATA PROTECTION AGREEMENT AND RESPONSIBLE OFFICE
This Data Protection Agreement applies to all services offered by Zattoo. It exclusively regulates – where not expressly mentioned elsewhere – how Zattoo uses your personal data. The address responsible for data processing is: Zattoo Switzerland Ltd., Seestrasse 30a, 8806 Baech, Switzerland. As far as these services employ the services of third parties, the data protection conditions of these third parties shall apply exclusively.
2. DATA COLLECTION
Upon registration, as well as during usage, certain personal data of the User are collected and processed. These include, or may in future include: E-mail address, name, postal address, payment information, birth date, gender, language (“personal data”), income, education, household, job, consumer habits, hobbies, preferred activities and usage of the services (all data including personal data called “individual-related data”). Also during usage of our services, certain other data will be automatically transferred from your computer to us and saved on our servers, for example: IP address, browser type and access times (“user data”). Zattoo can, by identifying users with user IDs and by using cookies, collect data about users’ usage of its services, e.g. IP addresses, television channels and advertisements presented. Cookies are small data files that are saved on the User’s computer and managed by the User’s web browser. Cookies allow, among other things: faster, personalized access to websites. The User can delete cookies from within the web browser at any time, or configure the browser not to save cookies. The User recognizes and accepts that deleting cookies can have a negative effect on the quality and performance of our services.
3. SHARING OF DATA WITH AFFILIATED COMPANIES OR THIRD PARTIES
By registering or using our services, the User acknowledges and permits that his or her personal data may be made accessible to, or shared with the following companies:
Zattoo Europa AG
Zattoo Schweiz AG
Zattoo International AG
Furthermore, Zattoo shares personal data collected from users with certain third parties for certain purposes: to payment collectors (e.g. credit card companies, banks, PayPal, mobile telecommunications providers, collection agencies), companies offering statistical services, companies offering IT services (e.g. data processing centres, hosting providers, backup services, database services). These service providers only have access to your personal data to the extent necessary for the performance of their respective services. The companies listed, as well as the service providers, are obliged to process your personal data in accordance with this Data Protection Agreement, and with the data protection legislature in force.
4. TRANSMISSION OF DATA ABROAD
The User acknowledges and permits that his or her individual-related data and user data will be collected and processed in Switzerland, even when the User lives in or accesses our services from another country. The User acknowledges and permits that Zattoo may transmit the personal data to other countries, including the USA, even when such countries do not follow a corresponding level of data protection as Switzerland or the User’s home country. In this case Zattoo ensures an appropriate level of data protection.
5. USAGE OF DATA
a. SERVICE USAGE
Zattoo uses individual-related data to substantiate your user relationship with Zattoo, and for the collection of payments. When the User accesses our services, Zattoo checks the IP address to verify which country the User is in and to ascertain which channels the User may access. Zattoo can collect and process data on the User’s usage of its services, e.g. IP addresses, channels and advertising viewed, the time and duration of sessions, connection information, problem reports. Zattoo may also use data collected on usage of its services to compile anonymous statistics on Users’ behaviour and share these statistics with third parties.
b. INVOICING AND CALCULATION OF INTELLECTUAL PROPERTY ROYALTIES
Should the User subscribe to services that involve charges, Zattoo will collect and process payment information. Zattoo may, for this purpose, also involve third parties as payment processors. Zattoo uses the data it collects on usage of its services for regular reporting to the intellectual rights owners (e.g. broadcasting services and collecting societies) regarding viewer numbers of their content and for the calculation of the respective royalties. Such reports do not contain any personal data of users; they use aggregated viewer counts.
c. NEWSLETTER AND DIRECT MARKETING
When the User gives permission, either at the time of registration or later, Zattoo or a mandated service provider (e.g. direct marketing specialist) may use the individual-related data and user data to deliver information about interesting offers of Zattoo or third party (e.g. advertisers). The User may at any time revoke his or her consent for the usage of his or her data to deliver such messages. This can be done by clicking on the link “unregister Zattoo Subscription” at the end of each newsletter or advertising e-mail, or by changing the settings from within the personal user account area. The User acknowledges that Zattoo itself may continue to deliver important messages related to the service even after such revocation.
6. ADVERTISING; PERSONALISED ADVERTISEMENTS
Advertising may be displayed during usage of the Services or during visits to the Website. Zattoo also shows personalised advertisements from third parties, whose content is based on the User’s information, for example data relating to usage of Zattoo’s services, or information submitted by the User upon registration. Advertising may also be delivered by a mandated third party. You may change your information from within your private account area if you do not wish it to be used for advertising purposes; continued usage by Zattoo shall however remain unaffected.
Upon registration, Zattoo gives users certain opportunities to register with selected partners of Zattoo. Should a user select such a co-registration, Zattoo will pass such personal data as is mentioned in the co-registration to the partner, who shall become owner of such data. Zattoo will expressly inform the User of the transmission of such data.
8. TRANSFER OF DATA IN CASE OF TRANSFER OF BUSINESS OPERATIONS
Zattoo may buy or sell business units or subsidiaries. In such cases – as well as in the case of a takeover of Zattoo, a substantial part of its activities or certain business areas – users´ personal data will generally be part of the transferred stock. Zattoo reserves the right to transfer the User’s personal data in such a takeover by third parties. Personal data transferred in such cases will be subject to the same conditions of this agreement and the applicable data protection legislature.
9. RIGHTS OF ACCESS TO INFORMATION
The User may at any time require information about his or her personal data as held by Zattoo, the correction or updates to incorrect information, that Zattoo cease to collect personal data or that Zattoo delete the User’s personal data. Zattoo may however, still be required to retain certain data where state authorities require it by law or court judgement, e.g. where a court decrees that certain data must be saved and held ready for inspection. Applications for access to personal data should be submitted by e-mail to: firstname.lastname@example.org or in writing to: Zattoo Switzerland Ltd., Customer Support, Seestrasse 30a, 8806 Baech, Switzerland. You can find more information at www.edoeb.admin.ch. If you would like to delete your account or cancel your subscription you find further information here: Delete account; Cancel subscription.
10. FURTHER DATA PROTECTION AGREEMENTS
The User acknowledges that additional data protection agreements may be applicable to certain services, e.g. apps.
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