Privacy Policy 

(Effective Date: 04/30/2021)

The privacy policy set forth below (the “Privacy Policy”) applies to your use of the Device, Application(s) and any Smart Services (as defined herein) accessible through the Device.

We will provide you with an opportunity to give your consent to the terms of this Privacy Policy as part of the Device set up process. In addition to such consent, by using the Device, Application(s) and/or the Smart Services, you agree to accept the terms and conditions of this Privacy Policy, and you consent to our use and disclosure of information that is collected by us or submitted by us as described in this Privacy Policy.

Introduction

We are committed to protecting the privacy of all users of the Device. The purpose of this Privacy Policy is to inform you about the types of information we gather about you when you access or submit information through the Device, how we may use that information, and how we share it to third parties.

This Privacy Policy applies to information about you that is collected by us as set forth herein, including TVS REGZA Corporation, its affiliates, subsidiaries and/or parents (“TVS", “we” or “us” or “our” or “ours”).

This Privacy Policy does not apply to information that you provide directly to, or is collected by, third parties whose Smart Services you access via the Device, which are controlled by such third parties and whose use may be governed by a separate privacy policy and/or terms of use. You should review the applicable privacy policy and/or terms of use of any third party service providers whose Smart Services you access via the Device.

1. IMPORTANT DEFINITIONS

“Application(s)” means an embeddable, downloadable and/or executable software application owned by us or a third party and made available on the Device.

“Content” means all audio and visual elements and ideas offered by us or third parties, including but not limited to, data, movies, videos, photographs, software, games, designs, likenesses, artwork, images, music, sound, information and other materials, tangible and intangible, including derivative works, on all media and formats, existing or in future.

“Device” means this TVS Smart TV.

“Materials” collectively means any Content, Submitted Content (where applicable and as further defined herein), messaging, blogging, chatting, social networking, information, advertising and/or internet links, etc., accessible or delivered through the Device.

“Smart Services” means the access, procurement, disposal, sale, purchase, subscription, lease, rental, consultation or other use of Materials, and all other types of services or functions typically available from the Internet, offered by us or by third parties, through Application(s) in your Device.

“Submitted Content” means any Content submitted, uploaded or posted by you, on behalf of you, or by other users, on or through your Device or the Smart Services.

2. INFORMATION WE COLLECT AND HOW WE COLLECT IT

Personal Information. In connection with your use of the Device, we may collect various categories of information about you, some of which can be used, either by itself or in combination with other information, to identify or contact you directly, including your name, e-mail address, mailing address, and home or work telephone number (referred to in this Privacy Policy as “Personal Information”). We may collect Personal Information that you provide to us at various locations, including upon account creation, in registration forms, in surveys or polls, and when you contact our customer service department in connection with the Device or the Smart Services. The Personal Information you provide to us directly through the Device or Smart Services will be collected and retained in accordance with this Privacy Policy.

Non-Personal Information. When you use the Device, we may also collect certain information that, by itself or in combination with other such information, cannot be used to identify or contact you personally, such as demographic information (i.e. your age, gender, education level, profession, zip code, country, etc.) (“Non-Personal Information”). Non-Personal Information also includes technical information related to your use of the Device, including but not limited to Device performance information, your IP Address, your Device MAC Address, Device usage information, Application usage information, and/or other unidentifiable technical data involving your use of the Device. Non-Personal Information may also include certain data or information that you provide us through your use of the Device, such as query terms you enter into the search functions of the Device, page requests, content or programming accessed or viewed, or data about specific services or applications accessed by you, the date and time of your request, etc. If you expressly Opt-In to the ACR service as described in this Privacy Policy, Non-Personal Information will also include SmartTV Viewing Data as defined and discussed in the following section.

Automated Content Recognition and SmartTV Viewing Data. This Device is shipped with an Automated Content Recognition service (“ACR”) that is set to "off" by default, meaning that it is disabled and will not collect and use SmartTV Viewing Data (as described in this section) unless and until you expressly Opt-In. Subject to your express Opt-In, the ACR service included in this Device will continuously analyze audio from any onscreen Content accessed or displayed on this Device at that moment, including Content from any set-top-boxes, media players, gaming consoles, over the air broadcast, or other audiovisual sources connected to the Device. The ACR service irreversibly encodes the analyzed audio from onscreen Content into hashed digital signatures (“Fingerprints”), which are transferred from the Device to the ACR service for further processing, such as to identify a match in a database of known hashed commercial programing and audio signatures. This process does not collect, store, or transfer your Personal Information or any audio from the Device. The ACR service also collects the public (WAN) IP Address used by this Device, which identifies the general location where the Device is connected to the Internet. The ACR service also generates a random number to associate with this Device, called a “SmartTV Identifier”. The Fingerprints, your IP Address and SmartTV Identifier are referred to collectively as “SmartTV Viewing Data”. The ACR service analyzes SmartTV Viewing Data in combination with other data or information from the ACR service, or a third-party service, and produces aggregate, de-identified analytics (including user profiles, statistics, metrics, abstractions and other analyses) that the ACR service uses to make Device-specific viewing recommendations and to deliver more relevant advertising on the Device and on other devices that share the IP Address of this Device. Any data or information exchanged between the Device and the ACR service provider(s) in this process is governed by this Privacy Policy.

For more information about ACR and your choices about SmartTV Viewing Data, see Section 6 (b) of this Privacy Policy: “YOUR CHOICES AND ARCO RIGHTS”.

Personal Information of Children Under Age 13. We are committed to protecting the Personal Information of children, and recognize that parents, guardians, or other adults may purchase the Device for family use, including by minors. As such, Smart Services accessed through the Device are not intended for use by individuals under the age of 13 and we will not knowingly collect personal information from individuals under such age for any purpose, nor will we accept registration from such individuals. In some cases, particularly where information is collected electronically, we may not be able to know whether information was collected from children under age 13, and we treat such information as though it were provided by an adult. If we learn that a child under the age of 13 has provided any Personal Information, we will use commercially reasonable efforts to delete such information. We encourage parents and legal guardians to participate in all online activities of their children and prevent them from providing any Personal Information to us via the Smart Services. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR THE USE, OR MISUSE, OF SUCH FEATURES BY CHILDREN IN VIOLATION OF THIS PRIVACY POLICY.

Cookies and Other Tracking Technologies. At times, the Device or Application(s) may use “cookies” or other technologies (such as browser cookies, flash cookies, and web beacons). A “cookie” is a small data file that is placed on the Device and stored locally on the Device. These technologies help us better understand user behavior, tell us about Smart Services that you have viewed or accessed and help us make your experience with the Device or Application(s) more convenient and customized. Additionally, cookies and other technologies may be used to collect information about your online activities over time and across third-party websites or other services. We treat information collected by cookies and other technologies as Non-Personal Information. However, to the extent that IP addresses or similar identifiers are considered Personal Information by local law, we will treat such identifiers as Personal Information as described in this Privacy Policy. See Section 6 (b) of this Privacy Policy: “YOUR CHOICES AND ARCO RIGHTS” for information on how you can disable these tracking technologies.

3. HOW WE USE THE INFORMATION WE COLLECT

Personal Information. We will only use, access, store, or process your Personal Information for the purposes for which it may be provided to us. If we wish to use your Personal Information for any other purpose, we will obtain your express consent to do so. To the extent that we collect your Personal Information, we use it in connection with the following activities:

• Registering your account on the Device;
• Providing and maintaining services in connection with the Device;
• Administering the Device (including processing any searches or requests for certain Materials, recommending Materials, providing blogs, open forums, discussion pages or personalized features);
• Internal record keeping; and
• Communicating with you. If you send us an E-mail with questions or comments, we may use your Personal Information to respond to your questions or comments, and we may save your questions or comments for future reference. However, aside from our reply to such an e-mail, we will not send you e-mail unless you request a particular service that involves e-mail communications, in which case you consent to being contacted by e-mail, or to receiving from us (either from ourselves or a related company) information about products and services which we believe may be of interest to you.

SmartTV Viewing Data. If you choose to Opt-In to the ACR service as described in this Privacy Policy, you hereby authorize us and our authorized ACR service provider(s) to use the SmartTV Viewing Data, either alone or in combination with other data or information from the ACR service or a third-party service, to produce aggregate, de-identified analytics (user profiles, statistics, metrics, abstractions and other analyses) that cannot be used to identify you (“Analytics”). The Analytics will be used by TVS, our affiliates, our authorized ACR service provider(s) and select third-party Content providers to make Device-specific viewing recommendations to you and to deliver more relevant advertising on the Device and on other devices that share the IP Address of this Device. TVS, our affiliates, and our authorized ACR service provider(s) will also use the SmartTV Viewing Data, the Analytics, the Device-specific viewing recommendations, and any related advertising for purposes described in this Privacy Policy to, among other things: (i) communicate with you; (ii) include, copy, disclose, distribute, transmit and display the SmartTV Viewing Data in communications that you have initiated via the Device; (iii) access, record, collect, copy, store, process, analyze and use the SmartTV Viewing Data to provide services in connection with the Device, and to develop, improve, extend and test these services (and underlying technology platform(s)) and to design, develop and produce analytics); and (iv) disclose, distribute, and transmit the SmartTV Viewing Data and/or Analytics to our third party developers, distributors, advertisers, advertising networks, and others as described in this Privacy Policy.

Non-Personal Information. We may use Non-Personal Information for our internal purposes, such as to offer Device-specific viewing recommendations, to understand aggregate usage patterns, to administer the Device, or to provide you with improved features. We reserve the right to use or disclose aggregate and/or Device-specific Non-Personal Information in any way we see fit, including for our and our partners' marketing and advertising purposes (such as ACR services, where applicable) and to other third parties, and you acknowledge and consent to such. You acknowledge and accept that you fully consent to our collecting and sharing aggregate and/or Device-specific Non-Personal information with third parties without the need for further approvals or consent.

Combinations of Information. We may combine Personal Information and Non-Personal Information collected with other data in order to provide and improve services provided in connection with the Device and the Smart Services. We may also, from time to time, transfer or merge any Personal Information collected off-line to our online databases or store off-line information in an electronic format. We may also combine Personal Information we collect online with information available from other sources, including information received from our affiliates, marketing companies, or advertisers. If we combine any Non-Personal Information with Personal Information, the combined information will be treated as Personal Information under this Privacy Policy for as long as it remains combined.

4. HOW WE SHARE AND DISCLOSE INFORMATION

There are times where we may share the information described in this Privacy Policy, and this section describes how we may share such information.

Personal Information and Non-Personal Information. We may share Personal Information and Non-Personal Information as follows:

• With our and our affiliates staff, employees, contractors, agents, to help us provide or improve the services in connection with the Device and/or the Smart Services.
• With our professional advisors.
• With third parties and their advisors in connection with a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of TVS’s assets, financing, sale of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence).
• When required to or are permitted to do so by law or valid legal process.
• With carefully selected third-parties, including suppliers or commercial partners as necessary to provide a service to us or to perform a function on our behalf in connection with the Device and/or the Smart Services. For any disclosure of your Personal Information by us to a carefully selected third party or to any third party referred to in this Privacy Policy, we will comply with data protection law by ensuring that there are arrangements in place to ensure that the third party keeps your data secure, does not use your personal information for any purposes other than the purposes we specify and in accordance with the purposes outlined in this Privacy Policy.
• With other third-parties solely at your direction and with your express consent, and only for the purposes that you request.

SmartTV Viewing Data. Only when you expressly Opt-In to the ACR service as described in this Privacy Policy, we may share certain SmartTV Viewing Data with our authorized third parties, including our ACR service provider(s), advertisers and ad servers, and Content providers. We may share SmartTV Viewing Data with these third parties to use for various purposes, including:

• Analytics and reporting;
• Marketing products and services you may be interested in and providing you with interest based advertisements (based on your account profile) on this Device, and across various other devices that share the IP Address of this Device); 
• To maintain, operate, improve, and provide their services;
• for recommending Materials on this Device; and
• To design, develop, improve and extend the quality and scope of the functions provided via the ACR services and technology.

5. THIRD PARTY MATERIALS, APPLICATIONS AND ADVERTISEMENTS

Third parties who offer Applications or Materials on the Device may collect Personal or Non-Personal Information when you access their Application(s) and Materials. We are not responsible for the data collection and privacy practices employed by such third parties or their services, and they may be collecting data about you and may be sharing it with us and/or others. These third parties and their services may also track you across sites and time, serve you their own advertisements (including interest-based advertisements) and may or may not have their own published privacy policies. 

In addition, when you are on the Device you may be directed to other services that are operated and controlled by third parties that we do not control. For example, if you browse the Internet and “click” on a link on a website, the link may take you to a different website. We encourage you to note when you access a new website or Application and to review the privacy policies of all third-party locations and exercise caution in connection with them. We are not responsible for the availability, completeness or accuracy of such third parties’ policies or notices.

6. YOUR CHOICES REGARDING DATA COLLECTION AND CHANGING PREFERENCES

a. SMART TV VIEWING DATA

To enable operation of the ACR service, you must either expressly choose to Opt-In in one of the following ways:

• By giving your consent during the initial setup process of this Device; or
• Turning on the ACR service in the “Settings” menu for this Device, as follows: Go to the “Home” screen, select “Settings”, select “System”, select “Advanced Settings”, and Opt-In by selecting the icon to turn on “Automatic Content Recognition”. If you choose to Opt-In, you are providing your consent for the ACR service for the next twenty-four (24) month period, in which case you will not be asked for your consent again until the earlier of the expiration of the above period or your earlier revocation of consent.

If you have previously Opted-In but no longer wish to receive the benefits of the ACR service and wish to stop the collection of your SmartTV Viewing Data, you may disable the operation of the ACR service at any time by turning off the ACR service in the “Settings” menu for this device, as follows: Go to the “Home” screen, select “Settings”, select “System”, select “Advanced Settings”, and Opt-Out by selecting the icon to turn off “Automatic Content Recognition”.

You may reset your SmartTV Identifier at any time through this Device. By resetting the SmartTV Identifier, the link between your current SmartTV Identifier and your current profile will be permanently disconnected. As a result, interest-based advertisements will no longer be served to your other devices that share an IP Address with this Device. You may reset your SmartTV Identifier on the Device at any time in the “Settings” menu for this Device, as follows: Go to the “Home” screen, select “Settings”, select “Support”, and select “Reset Advertising ID”.

Note that resetting the SmartTV Identifier does not have the same effect as selecting to Opt-Out of the ACR service and, therefore, does not disable the ACR service. After resetting the SmartTV Identifier, a new SmartTV Identifier will be established and associated with a newly developed profile for the Device.

b. YOUR CHOICES AND ARCO RIGHTS

Personal Information

We will only retain and use your Personal Information for the purposes for which it was intended, and only for as long as required to provide the Smart Services or as required under contract or applicable laws and regulations.

You have the right to access the Personal Information we possess, to correct any inaccuracies, and to remove it when no longer needed for the purposes described in this Privacy Policy or if you identify that it is being used for purposes you have not consented to, and oppose such usage by us, which you must clearly express.

If you would like to access, correct, or remove your Personal Information from our databases, please email us at support@toshibatv-canada.com.

If we receive a request to access, correct, or remove your Personal Information, we will make reasonable efforts to do so as soon as reasonably practicable. If you request removal of your Personal Information, you acknowledge that your Personal Information may continue to exist in a non-erasable form that will be difficult or impossible for us to locate, and for archival file purposes, we reserve the right to retain any information removed from, or changed in our active databases for non-commercial purposes including for dispute resolution, improving the Smart Services, troubleshooting problems, and enforcing the End User Terms and Conditions and this Privacy Policy. This paragraph does not apply to our collection of Non-Personal Information. We reserve the right to refuse to process data removal requests that are impractical or jeopardize the privacy of others. The refusal to process personal data removal shall be justified under the applicable legislation.

All users of the Device are required to provide true, current, complete and accurate Personal Information when prompted, and we will reject and delete any entry that we believe in good faith to be incorrect, false, falsified, or fraudulent, or inconsistent with or in violation of the Privacy Policy.

Cookies

If you want to disable cookies or such other technologies, you can clear data stored on the Device or on devices that you are using to access the Device. If you want to clear cookie data stored on the Device, please go to “Home”, select “Settings”, select “Support”, select the “Reset to Default” option, and select “OK”.

Interest-Based Advertising

Certain companies may participate in the Digital Advertising Alliance ("DAA") AdChoices Program and may display an Advertising Option Icon for interest-based advertisements that links to an opt-out tool which allows you to exercise certain choices regarding targeting. You can learn more about the DAA AdChoices Program at http://www.youradchoices.com/ and its opt-out program for mobile applications at http://www.aboutads.info/appchoices. In addition, certain advertising networks and exchanges may participate in the Network Advertising Initiative (“NAI”). NAI has developed a tool that allows consumers to opt out of certain interest-based advertisements delivered by NAI members' ad networks. To learn more about opting out of such targeted advertising or to use the NAI tool, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of interest-based advertisements, you will continue to receive non-targeted ads. Further, opting out of one or more NAI or DAA members only means that those selected members should no longer under the DAA / NAI rules deliver certain targeted ads to you. This will affect this and other services, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different Device or web browser(s), or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. Mobile device opt-outs will not affect browser-based interest-based advertisements even on the same device, and you must opt-out separately for each device. We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs. However, we support the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising (http://www.iab.net/media/file/ven-principles-07-01-09.pdf) and expect that ad networks we directly engage to serve you interest-based advertisements will do so as well, though we cannot guaranty their compliance.

7. SECURITY OF THE INFORMATION WE COLLECT

We take the security of your Personal Information seriously. We maintain physical, administrative, and technical safeguards designed to maintain the confidentiality and security of your Personal Information. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted through use of the Device and the Smart Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures for the Device or the Smart Services.

The Personal Information we collect is stored within databases that we control, and we utilize reasonable security measures intended to mitigate the risk of unauthorized access or disclosure of Personal Information, such as firewalls and encryption technology. We restrict access to Personal Information to our employees, contractors and agents who have a need to know that information in order to operate, develop or improve the Device or the Smart Services. These individuals are contractually bound by confidentiality obligations and may be subject to discipline for failure to meet these obligations, including termination and/or criminal prosecution.

8. BULLETIN BOARDS AND OTHER PUBLIC AREAS

We may offer bulletin boards or other public functions on the Device and/or Smart Services, and any posting by you in these areas is considered public information that is available to other users. We do not control, and are not responsible for, the actions of other users of the Device and/or Smart Services with respect to any information you post in public areas. In addition, information that you submit to public areas may be collected and used by others to send you unsolicited messages and for other purposes. Any posting in bulletin boards and public areas on the Device is governed by the End User Terms and Conditions for the Device or the terms and conditions of the applicable third parties web sites. Portions of your user profile may also be available to other users, and you should take care to not use Personal Information in your user name or other information that might be publicly available to other users.

9. INTERNATIONAL TRANSFER OF INFORMATION

We may transfer and store Personal Information you provide to us in connection with your use of the Device on servers located in countries outside of your jurisdiction. We may also transfer Personal Information we collect from you to the People's Republic of China or to other countries outside of your jurisdiction to TVS or to the third parties referred to in this Privacy Policy. By providing your personal information to us, you consent to us transferring your information outside of your jurisdiction.

10. PRIVACY POLICY VERSIONS AND CHANGES

We reserve the right to change this Privacy Policy at any time or for any reason, and will post any changes to this Privacy Policy within a reasonable period after they go into effect. If we make any material changes that have a significant effect on the way we use or disclose your information, we also will announce the changes in a more prominent way, such as on our website, the Device or Smart Services. This Privacy Policy will remain in full force and effect as long as you are a user of the Device, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.