Onyx Flix

PRIVACY POLICY

Last updated: April 17th, 2020

1. OVERVIEW

This is the Privacy Policy of Vimeo OTT Solutions, Inc. ( “Vimeo”), a subsidiary of Vimeo, Inc. Vimeo provides an online platform (the “Vimeo OTT Service” or “our service”) that allows video content owners and licensors (each a “Producer”) to offer their video programming to consumers via Producer-branded websites and applications (each set of Producer-branded sites and apps, a “Producer Channel”).

Consumers: In order to access a Producer Channel, a consumer (“you”) must create an account with the applicable Producer. By creating an account, you agree to provide certain personal information to the Producer and Vimeo. When Vimeo collects, stores and processes that information, it does so solely on behalf of the applicable Producer and at its direction to, among other things, allow the Producer to provide you with the applicable Producer Channel. In general, Vimeo serves as a “processor” to the Producer and the Producer is the “controller” of your information (as the terms “controller” and “processor”) are defined in the EU General Data Protection Regulation (“GDPR”).

Producers: This Privacy Policy does not apply to Producers. Instead, the Vimeo Privacy Policy available at https://vimeo.com/privacy applies to Producers.

Acceptance: By using our service, including any Producer Channel, you agree to the collection, use, and disclosure of your information as set forth in this Privacy Policy. We may modify this Privacy Policy from time to time. Your continued use of our services constitutes your agreement to any updated Privacy Policy on a prospective basis.

2. ACCOUNT SECURITY

We use security measures to protect the loss, misuse, and unauthorized alteration of the information under our control. Please be advised, however, that we cannot guarantee that our security measures will prevent disruptions or unauthorized access from occurring.

You are solely responsible for (a) maintaining the security of your account(s) and (b) all activity that occurs under your account(s). You must notify us immediately if you suspect any unauthorized access to or use of your account(s). If you forget your account login information, you may request that we send it to the email address associated with your account(s).

3. INFORMATION WE COLLECT

Consumer Information: Vimeo and individual Producers may jointly collect information from and about you, such as:

  • Your account registration information, such as your name and email address;
  • Your purchase and free-trial sign-up history;
  • Your Producer Channel usage history;
  • Traffic source (e.g., how you found the Producer Channel); and
  • Your general geographic location (based upon IP address).

Payment Information: If you make a purchase or sign up for a free trial through the Vimeo OTT Service, you must provide valid payment card information. This information is collected directly by our payment vendors and is not received or stored by Vimeo or any Producer.

Information Collected Automatically: Vimeo collects information about your use of our websites and applications. This may include your activities, your IP address, location information, your browser type, your Internet service provider (ISP), referring/exit pages, your operating system or device type, date/time stamps, and related metadata.

Additional Producer Collection of Information: Producer may collect and/or process personal information entirely outside of the Vimeo OTT Service. Any processing of your personal information by Producer which takes place outside of the Vimeo OTT Service is not contemplated here, and is governed exclusively by the Producer’s privacy policy.

Comments: You may choose to post a comment or participate in a forum, where available. This information will be available to the public. You may also choose to provide other information about yourself in connection with surveys, contests, special offers, customer support inquiries, and other communications with us.

4. TRACKING TECHNOLOGIES AND THIRD-PARTY DATA COLLECTION

Tracking Technologies: Producers use standard tracking technologies such as pixels and cookies to track user activity on each Producer Channel. For more information about cookies, please see our Cookie Policy.

Third-Party Platforms: When you use an application that runs on a third-party platform (e.g., iOS, Roku, etc.), the provider of that third-party platform may collect information about you and your use of our application.

Analytics and Advertising: We use third-party analytics services to collect data about usage of our services. A Producer may allow third-party advertising companies (including advertising agencies, networks, and delivery vendors) to collect data regarding advertisements that they may place on our websites. Third-party analytics providers and advertising companies may use cookies to track your activities.

5. HOW WE USE YOUR INFORMATION

Vimeo and/or the relevant Producer may use the information collected about you to:

  • Fulfill your orders and deliver video programming and other services to you;
  • Provide customer support to you;
  • Analyze how our services are being used;
  • Communicate with you;
  • Verify your eligibility to make purchases and participate in offers;
  • Collect any debts, prevent fraud, and otherwise protect the integrity of our systems;
  • Enforce our legal rights;
  • Perform any functions described at the time of collection; and
  • Otherwise operate our business.

6. DISCLOSURES TO THIRD PARTIES

Vimeo and/or the relevant Producer may disclose information about you as follows:

Authorized Service Providers: We may disclose your information to service providers involved in operating the Vimeo OTT Service. This includes payment providers, email service providers, content delivery networks, cloud storage providers, analytics companies, and professionals such as accountants and lawyers.

Legal Situations: We may disclose your information when we believe in good faith that (i) disclosure is required by a search warrant, subpoena (whether criminal or civil), civil investigative demand, court order, or a request for cooperation from a law enforcement or other government agency; (ii) disclosure is appropriate and necessary to report a suspected crime (including any case of suspected child exploitation) or prevent physical harm to an individual or property; (iii) disclosure is appropriate and necessary to enforce our rights; and (iv) disclosure is required by law. Nothing in this Privacy Policy shall be deemed to create any third-party right, and we reserve the right to object to any third-party requests for information in appropriate circumstances.

Affiliates and Corporate Transactions: We may disclose your information to our parent companies in connection with operating our business. In the event Vimeo or its parent companies are involved in a business transition that involves the sale, merger, or divestment of Vimeo or its parent companies, we may disclose any information about you to the acquiring entities. The transferred information will remain subject to the provisions of this Privacy Policy, as updated.

To the Public: We may publicly disclose aggregated user statistics and other information, which is not considered personal information.

7. EMAILS

When you create an account, you may receive certain emails:

Transaction emails: When you first create an account, we may send you a welcome email that provides information about your subscription and your account. If you make a purchase, we may send you an email confirming your purchase. We may also, from time to time, send you other emails concerning your account status. You may not opt out of receiving transactional emails.

Emails from Producers: When you purchase a subscription, you may agree to receive emails from the Producer.

  • Producers may, via the Vimeo OTT Service, send emails concerning the availability of new video programming in a subscription that you have purchased. If you decide you no longer wish to receive these emails, you may opt out as instructed in each email or in your account settings.
  • Some Producers may email you directly (i.e., through non-Vimeo systems). Vimeo does not control these emails and opting out of Vimeo-sent emails will not cause an opt-out with respect to these emails. To opt out of emails sent directly by Producers, please follow the opt-out instructions set forth in the Producers’ emails.

8. YOUR PRIVACY RIGHTS

You may change your account information or close your account(s) at any time by logging into your account and selecting account settings. If you close an account, you may lose access to video programming that you have purchased. We may preserve your account information (i) for a period of time in case of accidental deletion or in case you change your mind; and (ii) where we believe in good faith that preservation is required by law or necessary to enforce our rights.

The following rights apply only to the extent the relevant Producer is subject to the GDPR (for EEA users) and/or the California Consumer Privacy Act of 2018, as amended (the “CCPA”) (for California users).

EEA Users:

Users from the EEA have the right to: opt out of cookies (see our Cookie Policy); access, correct, delete, restrict or object to our use of their personal data; be forgotten; and data portability. For the most part, we enable exercise of these rights directly through the Vimeo OTT Service.

If you require assistance or have a specific request that is not presently covered by our product features, please contact our Data Protection Officer. We may require additional information from you to fulfil your requests. We may charge a reasonable fee if your request imposes an unreasonable cost. We will afford UK-based users with all rights available to EU users, regardless of the UK’s EU member status.

California Users:

Users from California have the right to: request information about the categories and sources of personal information collected about you, and the associated purposes for collection and third-party disclosures; request a copy of your personal information; request deletion of your personal information; and opt out of the sale of your personal information.

To exercise your right to access or delete your personal information, we must be able to verify your identity as the owner of the account you are inquiring about. We may not be able to fulfill your request until we can do so. Although you do not need to have an OTT account to submit a request, we may not be able to locate certain information to process your request if you don’t have one.

Nevada Users:

Nevada residents have the right to opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information.

9. CHILDREN'S PRIVACY

Vimeo does not knowingly collect any personal information from individuals under the age of 16. If you are a parent or legal guardian who has discovered that your child has provided personal information through the Vimeo OTT Service without your consent, you can ask us to remove such unauthorized information by contacting us at [email protected].

10. THIRD-PARTY SERVICES

We or a Producer may provide links to third-party websites and applications. We have no control over such services and therefore refer you to their privacy policies for information on their respective privacy practices.

11. DISPUTE RESOLUTION

We are committed to working with you to obtain a fair resolution of any complaint. We encourage you to begin by contacting our Data Protection Officer. We endeavor to respond to requests promptly.

E.U. residents have the right to lodge complaints with the data protection authority of their country of residence.

12. CONTACT US

If you have any questions or concerns about this Privacy Policy, please contact us at:

Vimeo OTT Solutions, Inc.
555 West 18th Street
New York, New York 10011
Attn: Data Protection Officer
[email protected]

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