Privacy Policy

Effective Date: 24 October, 2012. 

This privacy policy (“Privacy Policy”) applies only to Ooyala, Inc. (“Ooyala”) and those of its customers and/or business partners (hereinafter referred to as “You”) pursuant to certain written agreements (each, an “Agreement”) under which Ooyala and/or its agents provide technology and/or other services (individually and collectively, “Services”) that incorporate this Privacy Policy (at www.ooyala.com/privacy) by express reference.  The privacy policy applicable to visitors of Ooyala’s website (www.ooyala.com) is located at www.ooyala.com/websiteprivacy.

This Privacy Policy applies to You and any of Your employees, contractors, affiliates and any third party individual(s) that may be authorized pursuant to the Agreement to access the Services (individually and collectively, “Your Agents”) in connection with the Services.  Ooyala’s obligations under this Privacy Policy only covers the electronic data that Ooyala collects from You in the course of providing the Services to You; without limiting the foregoing, this Privacy Policy does not apply to (i) any data collection or processing, including, without limitation, data collection by any non-Ooyala owned web pages to which the Services may link, (ii) data collected from Your end users as further described in Part H below, or (iii) any data that Ooyala or any third parties may collect offline or through web sites, products, and/or services for which Ooyala has not displayed this Privacy Policy or authorized a direct link to this Privacy Policy (including without limitation any websites or applications owned, controlled or operated by third parties that may include or embed Ooyala technologies). By accessing and/or utilizing the Services, You accept the current version of this Privacy Policy as posted at www.ooyala.com/privacy (or such other web address that Ooyala may hereafter provide to You) at that time. The scope of Ooyala’s EEA and Swiss safe harbor certification is described in Ooyala’s general EEA and Swiss safe harbor notice at www.ooyala.com/eeasafeharbor.

A. WHAT INFORMATION OOYALA COLLECTS FROM YOU

This clause describes two (2) types of information about You and Your Agents that Ooyala may collect in connection with the Services.  1. "Personal Information. "  Personal Information refers to information containing the specifics of who You and/or Your Agents are that Ooyala and its agents may use to identify, contact or locate You and/or Your Agents (e.g. name, mailing address, telephone number and e-mail address). Ooyala may collect Personal Information when You and/or Your Agents use the Services including, without limitation, setting up account information, filling out surveys, corresponding with Ooyala, or otherwise volunteering information about You and/or Your Agents.  2. "Non-Personal Information."  Non-Personal Information refers to information that, by itself, does not identify You or Your Agents as a specific individual. Ooyala may collect Non-Personal Information through any of the methods discussed above as well as automatically or otherwise through Your Agents’ use of the technologies described in this Privacy Policy.

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 privacy@ooyala.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 privacy@ooyala.com.

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 privacy@ooyala.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

The Services, including the cross platform video player(s) that may be provided to You in connection with the Services (“Player”), enables us to track and capture activity of individual end users that access the Player and/or any other video player that may hereafter be permitted for use in connection with the Services (such tracked data, “Usage Data”). You agree that You shall comply with all legal requirements applicable to You regarding the collection, storage, maintenance, processing, transfer, disclosure and/or any other use of Usage Data; in connection with the foregoing, You, and not Ooyala, are solely responsible for maintaining (and must at all times maintain in connection with Your use of the Services) a privacy policy that complies with all applicable laws, rules and regulations for the benefit of Your individual end users in connection with all displays of the Player; without limiting the foregoing, if You embed the Player on a website or mobile application, then You will post a privacy policy on such website or application that discloses the data tracking activity.  If You enable syndication of video or other content on third-party websites (which You may be permitted to do via Your Account), then You, and not Ooyala, are solely responsible for notifying (and must notify) each such third-party website that Ooyala may track information regarding the individual end users.

I. CHANGES TO THIS PRIVACY POLICY

Ooyala continually strives to implement new technologies and processes in connection with the Services. As a result, changes to this Privacy Policy may be made by Ooyala from time to time. Ooyala recommends that You revisit this Privacy Policy on occasion to learn of any changes.

J. SPECIAL NOTE REGARDING MINORS

Use of the Services is not intended for minors under the age of 18 ("Minors"). Minors are not authorized by Ooyala to use the Services, any Account registration or use of or access to the Services by a Minor is strictly prohibited and is in violation of this Privacy Policy. Ooyala does not intentionally collect or maintain any Personal Information from Minors. You shall not provide Ooyala with any Personal Information of Minors.

K. CONTACT OOYALA

If you have any questions about this Privacy Policy, please contact Ooyala by sending a letter or e-mail to: Ooyala, Inc. Attn: Privacy 800 W El Camino Real, Suite 350 Mountain View, CA 94040 or privacy@ooyala.com.