Zattoo Data Protection Agreement

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, Eggbuehlstrasse 28, CH-8050 Zuerich, Switzerland

Zattoo Schweiz AG, Seestrasse 30a, 8806 Baech, Switzerland

Zattoo International AG, Eggbuehlstrasse 28, CH-8050 Zuerich, Switzerland

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.

7. CO-REGISTRATION

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: legal@zattoo.com or in writing to: Zattoo Switzerland Ltd., Customer Support, Seestrasse 30a, 8806 Baech, Switzerland. You can find more information at www.edoeb.admin.ch.

10. FURTHER DATA PROTECTION AGREEMENTS

The User acknowledges that additional data protection agreements may be applicable to certain services, e.g. apps.