Effective Date: 24 October, 2012.
A. WHAT INFORMATION OOYALA COLLECTS FROM YOU
B. HOW OOYALA COLLECTS YOUR INFORMATION
This clause describes methods pursuant to which Ooyala may collect Personal Information and Non-Personal Information from You and/or Your Agents. 1. Registration. Ooyala may require certain Personal Information and Non-Personal Information to create and maintain Backlot® account(s) issued to You pursuant to the Agreement (each, an "Account") and/or to enable certain features or functionality of the Services or otherwise provide the Services to You. Failure to provide all information required by Ooyala under the Account settings may prevent access to any or all of the Services, and failure to maintain accurate information may result in suspension or termination of access to and/or use of any or all of the Services. 2. Information Collected Through Technology. You and/or Your Agents may be required to enter a user ID and password in order to access Your Account(s). Ooyala may automatically collect details of the date and time that You and/or Your Agents log in and log out of Your Account(s). 3. Information Provided By You. During the course of the business relationship between Ooyala and You, You and/or Your Agents may provide Ooyala with certain Personal Information (including without limitation contact information) and Non-Personal Information to enable You and Your Agents to utilize the Services and to allow Ooyala and You (and Your Agents) for the purposes described in Part C below.
C. HOW OOYALA USES YOUR INFORMATION
This clause describes how Ooyala may use Information collected from You and Your Agents. Please see Part F below regarding restrictions on Ooyala’s use of Personal Information. 1. System Administration and Providing Services. Ooyala may use Personal and Non-Personal Information in furtherance of providing You and Your Agents with the Services and administering, supporting, protecting, and improving the Services and for purposes of communicating with You and Your Agents. 2. Notices to Customers. Ooyala may use Personal Information to send e-mails to You and/or Your Agents related to the Services (including Your Account(s) thereunder), including confirmation to verify the accuracy of any information You and/or Your Agents have provided and to provide any instructions or assistance related to the Services and/or Your (or Your Agents’) use thereof. Ooyala may also send emails to You and Your Agents to verify your respective identities and/or to notify You and Your Agents if Ooyala believes Your (including Your Agents’) use of the Services violates any applicable agreement between You and Ooyala related to the Services. 3. Promotional E-mails. Ooyala may use Personal Information to send You and/or Your Agents e-mails containing promotions or events relating to Ooyala and/or Ooyala's business and/or marketing partners and/or sponsors. You (and/or Your Agents) may opt-out of receiving such promotional e-mails by sending an e-mail to email@example.com and/or following the instructions contained in Ooyala’s email response (if any). Once Ooyala has processed any such opt-out request, Ooyala will not send you promotional e-mails unless You (or Your Agents) opt back in to receiving such communications. 4. Combining Data. To the extent permitted by applicable law, Ooyala may combine the various types of data that Ooyala collects with other data that Ooyala collects from You, Your Agents, and/or Ooyala’s other customers and/or business partners.
D. HOW TO ACCESS AND CHANGE YOUR PERSONAL INFORMATION
Upon Your request, (i) Ooyala will permit Your Agents to update or correct Personal Information previously submitted, but only to the extent such activities will not compromise privacy or security interests, and (ii) Ooyala will, to the extent commercially reasonable within Ooyala’s existing systems, delete Personal Information of Your Agents from Ooyala’s database where such information is stored; however, it may be impossible to entirely delete entries without some residual information being retained due to the manner in which data backups are maintained by Ooyala or its suppliers/agents or if such Personal Information is contained in the content asset files that You (or Your Agents and/or end users) upload into Backlot®. You agree to submit all requests to delete Personal Information solely to firstname.lastname@example.org.
E. WHERE OOYALA STORES AND PROCESSES DATA
Ooyala and/or its agents, partners and/or affiliates stores data collected in connection with the Services on servers located around the world in various locations including, without limitation, parts of the United States of America, Asia and the European Economic Area.
F. DISCLOSURE OF INFORMATION TO THIRD PARTIES
Ooyala does not sell, trade or rent Personal Information collected in connection with the Ooyala Services to any third party and does not disclose Your Agents’ Personal Information except as follows: Ooyala may (1) disclose Personal Information upon receipt of a court order, subpoena, to cooperate with a law enforcement investigation, or to enforce Ooyala’s Terms of Service (as set forth in the contract between Ooyala and You); (2) share or transfer Personal Information in connection with a prospective or actual sale, merger, transfer or other reorganization of all or parts of Ooyala’s business; and (3) share or transfer Your Agents’ Personal Information to Ooyala’s agents, partners and/or affiliates in connection with provisioning You and Your Agents with the Services. In addition, Ooyala reserves the right to fully use and disclose any Personal Information that Ooyala collects provided that it is not used or disclosed is in personally-identifiable form.
G. SAFEGUARDING YOUR PERSONAL INFORMATION
This clause describes methods that Ooyala utilizes in connection with information provided by You and Your Agents in connection with Your use of the Services as well as responsibilities that You have to protect such information. 1. Security Measures. Transmissions over the internet are never completely secure or error-free. However, Ooyala in its sole discretion undertakes certain security measures aimed at protecting against unauthorized access, alteration, disclosure or destruction of Personal Information. It is Your responsibility to safeguard all passwords and user IDs that You and Your Agents use to access Your Account and to notify Ooyala immediately at email@example.com if You or Your Agents know or suspect that the secrecy of any such passwords and/or user IDs have been compromised. You are solely responsible for any and all unauthorized use of Your Account conducted via the passwords and user IDs of You and Your Agents. 2. Third Party Links. Ooyala may, during the course of our relationship, provide You and/or Your Agents with information about and/or links to third parties who may collect Personal Information and/or Non-Personal Information directly from You and Your Agents. Additionally, Ooyala may use third parties to provide components or portions of the Services. In either case, such third parties may have separate privacy policies and/or data collection practices, independent of Ooyala, and in all cases Ooyala: (a) has no responsibility or liability for any such third party policies or actions; (b) is not responsible for the privacy practices or the content of such third parties or their websites, products and/or services; and (c) does not make any warranties or representations about the websites, products and/or services offered by such third parties or the security of any information that You or Your Agents may elect to provide to them. It is Your responsibility to determine whether You will utilize and/or access any such third party services and under what terms (as between You and such third parties).
H. CUSTOMER’S RESPONSIBILITY TO ITS END USERS
J. SPECIAL NOTE REGARDING MINORS
K. CONTACT OOYALA