Privacy Policy

This privacy policy (“Privacy Policy”) provides important information about your privacy in connection with your use of Yondoo, including (a) www.yondoo.com, and all corresponding domains, subdomains, web pages and websites associated therewith (e.g., yondoo.com, yondoo.tv, etc.) (collectively, “Site”), (b) the Yondoo app/channel on mobile, console and other IP-enabled devices and platforms, including without limitation Apple iOS, Apple TV, Android, Chromecast and Roku, and (c) any other features, functionality, content applications and services offered by us, including application/device-based features and related technology (e.g., apps, APIs, widgets, etc.) (subsection (a), (b) and (c) above shall collectively be referred to as the “Services”). Please review our Terms of Service Agreement which governs your use of the Services. The following capitalized terms that are not defined in this Privacy Policy shall have the meaning given in the Terms of Service Agreement: Device, Third Party Services, Operators, Facilities, Video Content, User Postings, Promotions and Additional Terms. By accessing or using the Services, you affirmatively consent to this Privacy Policy (and the practices described herein), which will remain in full force and effect, even if your use of the Services or any particular feature or other activity offered in connection therewith terminates, expires or is deactivated for any reason. If you do not agree with this Privacy Policy, please do not access or use the Services or any features, activities, products or services offered through or in connection therewith. This Privacy Policy applies regardless of the Device you use to access the Services and whether you are accessing the Services as a guest, a registered user, through features integrating the Services on a Third Party Service (e.g., via HBO GO, Facebook, etc.), or otherwise.

1. COMMITMENT TO PRIVACY

Yondoo, Inc. (“Yondoo”, “we”, “us” or “our”) takes your privacy seriously. We are committed to respect for your privacy, transparency, and delivering the best experience to you. By “respect for your privacy”, we mean that we understand that you may not wish us to collect information about you and make it available to others without your knowledge or explicit consent. By “transparency”, we mean that we strive to explain all the ways we may use information we collect from your use of the Services in a way that you understand clearly. By “best experience”, we mean that we intend to use information we collect to deliver a better experience to you; for example, remembering what programs you watch the most and recommending other programs you might enjoy, or using information we know about you to deliver commercial messages (advertising) that you will find more relevant or enjoyable. We will not disclose your identity or specific information about your individual use of the Services to unrelated third parties except when necessary or with your consent, and we explain those circumstances in this Privacy Policy. If you do consent to third-party marketing, our forms will require you to explicitly consent, for example, by checking or unchecking a box on a form.

2. GENERAL.

2.1 This Privacy Policy governs only the information (a) collected by us from you and (b) provided to us by Third Party Services (e.g., Facebook, HBO GO, etc.), Operators (e.g., Roku, DirecTV, etc.) and Facilities (e.g., universities, multi-dwelling units (MDUs), etc.) about you, in each instance, on or in connection with your use of the Services, and does not cover any other information collected in any other manner or collected by any other entity, unless specifically stated. Where you have provided your information to third parties such as affiliated companies, marketing companies, platform operators, technology providers, including our advertisers, sponsors and/or other promotional partners, including Third Party Services, and have agreed to share that information with us, we may obtain such information and combine it with the information we collect, and, if we do so, our use of the resulting combined information will be subject to this Privacy Policy.

2.2 When we use the term “Personal Information” we mean any information that we collect on the Services that would allow someone to identify you or contact you, such as your full name, address, e-mail address, payment card information or telephone number. When we use the term “Additional Information”, we mean any information that we collect on the Services other than Personal Information (Personal Information and Additional Information shall be collectively referred to as “Information”).

2.3 Please note that certain of our agreement(s) with your Facility may, in certain instances, limit some of the terms and conditions of this Privacy Policy (e.g., limiting our use of certain Personal Information, etc.) absent our provision of additional notice to you or our obtaining additional consent, as the case may be.

3. INFORMATION WE COLLECT.

3.1 User Registration and Certain Transactions. If you become a registered user of, or otherwise sign up for, the Services, we may require you to provide certain Information to us, such as your email address and Facility. We may also require that we receive certain Information from your Facility (e.g., authentication tokens, keys, codes, etc.) and/or Operator to verify and authenticate your access to and use of the Services, including your use of certain Video Content made available in connection therewith (e.g., premium and subscription content, etc.). If you engage in any fee-based, ad-supported, free-of-charge or other transaction (e.g., purchase of add-ons, products, etc.) offered on or in connection with the Services, we may require, for example, your full name, physical address, telephone number(s), applicable payment data (e.g., credit card number and expiration date), your date of birth and address.

3.2 Third Party Services. If you log into the Services using account information from a Third Party Service (e.g., Facebook, etc.), connect a Third Party Service to the Service or enable functionality from Third Party Services as part of your use of the Services, we may receive information from the applicable provider of the Third Party Service that you have consented be shared pursuant to its terms and conditions, whether made available via an application programming interface (“API”) or otherwise. Such information may include, for example, your first and last name, gender, your physical location and that of your Devices, your date of birth, certain profile information, your public ID on or associated with the Third Party Service, profile page URL and e-mail address. We will, as reasonably practicable (e.g., by implementing a compatible disclosure feature offered by the Third Party Service, etc.), disclose what information we collect from the Third Party Services when you connect the Services to the Third Party Service.

In addition, if you connect a Third Party Service to the Service or enable functionality from the Services as part of your use of a Third Party Service, we may receive information from the provider of that Third Party Service about you or your use of the Services within that Third Party Service; such functionality may also perform actions on your behalf on the Third Party Service that are known to the Third Party Service or others. For example, if we offer a Yondoo Facebook app and you connect to it using your registration information for the Services, we may receive information from Facebook about your use of the Yondoo Facebook app, or a Yondoo app we make available as part of the Services may allow you to publish to your Facebook timeline or invite your friends on Facebook to watch a program with you on or in connection with the Services.

Even if you delete your account on a Third Party Service, we will retain any Information provided by that Third Party Service. Similarly, if you delete or deactivate your account on the Services, any Information that we have shared with Third Party Services (in accordance with this Privacy Policy) may be retained by those Third Party Services.

3.3 Features, Functions and Communications. The Services may provide you with access to certain features and functionality, such as interactive and community features, message and comment functionality, posting and rating functionality, which may, in certain instances, be subject to Additional Terms and requirements which will determine who can see such information. To participate in these features and functionalities, you may be asked to provide certain Information about yourself and provide additional consent in order to personalize and/or allow you to use these features and functions, such as when you share information about your use of the Services to other users (e.g., “Andrew is watching Boardwalk Empire”, etc.). At times, you may be presented with the opportunity to sign up to receive newsletters, email correspondence and/or other communications from us in order for us to provide up-to-date information about the Services, and to publicize and promote certain content, products and services offered by us, our business partners and/or other third parties. When there is a separate sign-up for communications, we may ask for your contact information such as name and email address, and, sometimes, demographic and profile information. We will ask you to confirm your consent to any such uses at the time you sign up for these services or communications.

3.4 Technical, Operational and Customer Support and Feedback. When you use our customer support system, contact us for technical, operational or other support or otherwise provide any comments or feedback to us, you may be required to provide certain Information, including your full name, email address, telephone number, credentials, Facility, Device information, operating system and platform, physical location and other Information relevant to your applicable issue or to contact you with respect to resolving the issue. We will not use contact Information provided to our customer support system to contact you for any other purpose without your explicit permission.

3.5 Promotions, Contests and Sweepstakes. To participate in certain Promotions, including contests, sweepstakes and surveys, there may be a separate registration or sign up process which may require the submission of both Personal Information and Additional Information (including, but not limited to, your full name, email address, mailing address, telephone number, demographic and/or profile information, etc.). We will use the Information you provide for the purpose of conducting the promotion or any other stated uses, including, for example, contacting you if you have won or to provide other communications and correspondence related thereto. You may also have the opportunity to opt-in to receive special Promotions or offers from third parties as a result of your use of the Services.

3.6 Automatic Data Collection. Our Services include features and functionality that automatically collect Information regarding your use of the Services, which enable us to, among other things, keep track of your preferences, create a more tailored user experience and better address your particular interests and needs. The Services and/or third parties may use “cookies”, “embedded scripts”, “web beacons” and other tracking and logging technologies (collectively, “Logging Technologies”) to collect Additional Information automatically as you interact with and otherwise use the Services. We use Logging Technologies to, for example, collect “clickstream” data and other information, such as your browser type and version, operating system and platform, referring and exit pages, domain names, landing pages, the average time spent using the Services, shows viewed, content searched for, access and viewing times, and other relevant statistics and information, and assign unique identifiers to the Device you use to access the Services for the same purposes. We may associate the information obtained through these Logging Technologies with your Personal Information so we can better customize your experience using the Services and/or the advertisements and promotions you see. By visiting the Services, whether as a guest, a registered user, via a Third Party Service, or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to store your activities and your use of the Services as described in this Privacy Policy.

The Services may also use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties to, for example, serve advertisements on the Services, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on the Services. Such services may enable us to display advertisements based on your use of the Services and other platforms you have used. Targeting services enable us to, among other things, help deliver advertisements or other content to you for products and services that you might be interested in, to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you. Any disclosures based on this research will be aggregated and/or anonymized to protect against the unauthorized disclosure of any Personal Information.

4. HOW WE USE INFORMATION.

“Information”, “Personal Information” and “Additional Information” are defined above in Section 2.2.

4.1 Personal Information. We may use your Personal Information for various purposes, such as:
• Providing any services or products that you request or purchase through the Services;
• Contacting you about the features or functionality of the Services;
• Sending you marketing and promotional e-mails, communications and other correspondence with your consent (e.g., whether obtained at the time of registration, login or any other time);
• Allowing you to participate in communication, posting, ordering and other features of the Services;
• Responding to your questions or other requests, including with respect to technical, operational and other support matters;
• Tailoring your experience on the Services and/or otherwise customizing what you see when you use the Services;
• Marketing and promoting the Services, including Promotions and other initiatives and activities with third parties, either with your consent or such that any Personal Information is aggregated or anonymized;
• Preventing and detecting fraud and authorized activity, including the infringement of our or third party rights;
• Tracking your return visits to, and use of, the Services;
• Complying with legal obligations or legal process;
• For other purposes disclosed at the time you provide us with Personal Information; and
• For other purposes reasonably necessary to provide you the product or service requested, at all times consistent with and subject to our obligations set forth in this Privacy Policy.

4.2 Additional Information. We may use the Additional Information for various purposes, such as:

• For research and internal purposes, for marketing and promotional purposes and/or to provide anonymous reporting for internal and external clients, including business partners and other third parties;
• Accumulating and reporting aggregate, statistical information in connection with the Services and user activity;
• Enhancing and improving the Services and display advertising, marketing and promotional information and content;
• Saving certain Additional Information for use on your return visits to the Services;
• For the uses described for “Personal Information” above; and
• For other purposes disclosed at the time you provide us with the Additional Information or which are reasonably necessary to provide the product or service requested.

5. OPTING-OUT OF CERTAIN USES OF YOUR INFORMATION.

5.1 Marketing and Promotional Communications. At times, you may be presented with the option of whether to receive certain marketing and promotional communications from us and others that we think will be of interest to you. Recipients of such communications can unsubscribe by either following the specific instructions included in such communications, or may “opt-out” of receiving marketing and promotional e-mails from us at any time by changing your account settings on the Services or by sending an email to us at info@yondoo.com detailing your privacy request. Please note that “opt-out” and “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your Information shall remain subject to the prior privacy settings. Additionally, you should be aware that any Information provided to third parties prior to your election to opt out or unsubscribe cannot be retrieved or rescinded by us, unless required by applicable law, and you cannot retroactively opt out or unsubscribe with respect to such third parties. Further, also please note that in order to keep you informed about the operation of the Services and related products and services, we may always send you emails and announcements that are needed for the proper functioning and administration of the Services, including for the purposes described in Section 4 above, in connection with your use of the Services.

5.2 Other Uses. Please see Section 7 below in relation to the withdrawal of consent for other uses.

6. SHARING AND DISCLOSURE OF INFORMATION.

6.1 General Disclosure. Generally, we do not sell, rent, lease or disclose your Personal Information to third parties, except if you consent to such disclosure or as otherwise described in this Privacy Policy. We reserve the right to use, share, disclose and/or sell any anonymous aggregated data we collect in connection with your use of the Services, including, but not limited to, for the purposes described in Section 4 above. Our affiliated companies, including all of their respective business units, subsidiaries, affiliates and platforms may obtain from us and be able to use your Personal Information in accordance with this Privacy Policy. You can choose to opt-out of certain such uses as described in Section 5 above. We may share, disclose and/or sell Additional Information to third parties, but we do not disclose Personal Information to them except with your consent and as described in this Privacy Policy.

6.2. Co-Branded and Jointly-Offered Products and Services. The Services may offer co-branded or jointly-offered products and services, such as additional features, additional content, discounts, offers and other promotions provided by us and/or our affiliated companies or other third parties. Your voluntary use of, request for, or participation in a co-branded or jointly-offered product or service means that you opt-in and give your affirmative consent to (a) our sharing your Additional Information with such co-branded partners, and (b) both the Services and our co-branded partners collecting any information provided by you in connection with the specific co-branded or jointly offered product or service, and to use such information for the fulfillment of the product or service, as well as for marketing and administrative purposes as described in the applicable Privacy Policy for that product or service. We will not disclose your Personal Information to co-branded partners without your consent. If you wish to later opt-out of a co-branded partner’s future use of your Personal Information for marketing purposes, you will need to contact the co-branded partner directly. The use of all Information by co-branded partners is subject to their privacy policy and related terms of use/service, and by using such co-branded or jointly-offered products or services, you may be asked to consent to their privacy policy and related terms of use/service.

6.3 Disclosure of Certain Information in User Postings Intended to Be Disclosed. The Services may provide you and other users with an opportunity to participate in viewing communities and other message, comment and communication features on the Services, including in connection with Third Party Services (e.g., embedded Facebook feeds, etc.), and may provide you with the opportunity to submit, post, publish and otherwise make available User Postings to other users of the Services or to the public. Certain Personal Information associated with a User Posting, for example, your name or photograph, may be intended for disclosure. We will disclose any such Personal Information in connection with the display of, and other services relating to, such User Posting and by submitting a User Posting on the Services, you affirmatively consent to the distribution of your Personal Information in the context of that User Posting and have no expectation of privacy or confidentiality in connection therewith. You acknowledge that once submitted, posted, published and/or otherwise made available, User Postings may be distributed outside the Services by users with access to such content and information, and that the Services do not completely control who views or distributes such content and information. You may not be able to “undo” or “delete” any User Postings. Accordingly, you should not submit, post, publish or otherwise make available any User Posting you wish to remain private or confidential or which may contain any sensitive information. See the [Terms of Service Agreement] for more information regarding User Postings and the terms and conditions associated therewith.

6.4 Service Providers. We also have the right to disclose your Personal Information and other Information to third parties for the purpose of administering, maintaining and providing the Services, including all associated features, functions, transactions and operations. We will refer to these third parties as “Operational Service Providers”. We use Operational Service Providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we disclose your Information to Operational Service Providers for the purpose of providing services to us. These Operational Service Providers may temporarily store some information on their servers, but they may only use your Personal Information to provide us with a specific service and not for any other purpose.

6.5 Other Third Parties. Please be aware that joint ventures in which we participate and our affiliated companies, including all of their respective business units, subsidiaries, affiliates and platforms, may obtain from us and be able to use your Information in accordance with this Privacy Policy. In addition, if Yondoo sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a reorganization, dissolution, merger, transfer of all or a material part of its business or other similar event, Yondoo may transfer your Personal Information and Additional Information to the party or parties involved in the transaction as part of that transaction who may use that Information in accordance with this Privacy Policy.

6.6 Additional Disclosures. There may be instances when we may access or disclose Information without providing you a choice in the following circumstances: (a) to protect or defend the legal rights or property of yondoo, our affiliated companies or their employees, agents and contractors (including the enforcement of our agreements); (b) to protect the safety and security of the Services and users; (c) protect against fraud or for risk management purposes; (d) if we believe your actions violate the Terms of Service Agreement, this Privacy Policy and/or any Additional Terms; or (e) to comply with law or legal process.

7. USER CHOICE AND ACCESS.

By using the Services, you expressly choose to receive certain communications from us and, unless you otherwise indicate, certain third parties as described in this Privacy Policy, and (b) you expressly agree to the privacy practices described herein. You may change your privacy preferences (e.g., choose to cease receiving certain communications or ask us not to share your Personal Information with a particular third party) by sending an email to us at info@yondoo.com detailing your privacy request. Other privacy preferences (e.g., deactivating your user account) may be made by modifying your account settings on the Services. Except as described in this Privacy Policy, we will get your permission before we use the Personal Information you provide to us in a way that is inconsistent with the purpose for which it was submitted or share your Personal Information with third parties that are not affiliated with us. If you ask us to stop using your Personal Information, we will honor that request to the best of our ability, but we will not be able to delete any Personal Information you consented to be provided to certain third parties, or Personal Information disclosed in connection with User Postings, for example, in conversations with other users who retain access to those conversations, and we will always retain a record of any Personal Information as necessary to comply with applicable law. However, you may be unable to continue to use a product or service (or certain features thereof), if you require us to stop using your Personal Information. You always have the right to access and correct the Personal Information you have provided and generally you may review, update or delete certain Information collected by the Services at any time by accessing your account as described in this Section 7 or by contacting us as described in Section 15.

8. DATA COLLECTION FROM CHILDREN.

We do not knowingly collect personal information from children under 13 without appropriate parental notice and consent. Please visithttp://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm for information from the US Federal Trade Commission about protecting children’s privacy online.

9. SECURITY.

While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Personal Information. However, regardless of our efforts and the Device you use to access the Services, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We also limit access to the Services by our own employees, contractors, Operational Service Providers and those individuals who are authorized for the proper handling of such information. We request that our third party contractors and Operational Service Providers follow similar standards of security and confidentiality.

10. YOUR CALIFORNIA PRIVACY RIGHTS.

If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as “unsubscribe”) or opt-in for use of your Personal Information by third parties (such as advertisers and promotional partners) for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year. If you are a California resident and wish to request information about how to exercise your third party disclosure choices or other rights afforded under the law of the State of California, please send a request by email to our Privacy Administrator at info@yondoo.com or by postal mail to address set forth in Section 15 herein. All requests must be labeled “Your California Privacy Rights” on the email subject line or envelope or post card. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone or by fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

11. LINKS.

The Services may be linked to other sites and platforms operated by other companies. The Services may also feature advertisements from other third parties. Yondoo is not responsible for the privacy practices of such other sites and platforms or other services operated by third parties that are linked to or integrated with the Services or for the privacy practices of third party online advertising companies. Once you leave the Services via such a link, access a third party application or click on an advertisement, you should check the applicable privacy policy of the third party platform to determine, among other things, how they will handle any personally identifiable or other information that they may collect from you.

12. PRIVACY POLICY CHANGES.

From time to time we may modify this Privacy Policy to reflect industry initiatives or changes in the law, our Information collection and use practices, the features of the Services, or technology, and such modifications shall be effective upon posting. Your continued use of the Services after we post a revised Privacy Policy signifies your acceptance of the revised Privacy Policy. It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes. If we materially change our practices regarding collection, use or disclosure of your Personal Information, your Personal Information will continue to be governed by the privacy policy under which it was collected unless you have been provided notice of, and have not objected to, the change.

13. ACCURACY.

It is your responsibility to give us current, complete, truthful and accurate information, including Personal Information, and to keep such information up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or Personal Information or you fail to update such information or Personal Information. We will reject and delete any entry that we believe in good faith to be false, fraudulent or inconsistent with this Privacy Policy.

14. INTERNATIONAL VISITORS.

If you visit the Services from a location outside the United States, please be advised that any Information you provide may be processed in and/or transferred to or from the United States or other non-European Union countries, where privacy protections may not be as comprehensive as those in the European Union or other territories and locations. However, we will only process your Information in accordance with this Privacy Policy. By using the Services, you affirmatively consent to this transfer and to the use of your Information as described herein.

15. CONTACT US.

If you have any questions about our privacy practices or any of the terms or conditions of this Privacy Policy, please feel free to contact us at:

Email: info@yondoo.com

Mail:
Yondoo
Attn: Privacy
20015 SW Pacific Hwy
Sherwood, OR 97140

16. SOLE STATEMENT.

This document is the sole statement of the Privacy Policy for the Services and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, without limitation, machine-generated, is valid.

This Privacy Policy was last modified on the date indicated above and is effective immediately.