Last Updated: July 7, 2020
This Policy applies to all of our products and services (“Samba Services” or the “Services”). Our Services include Samba Interactive TV and other Smart TV apps (“Smart TV Services”), our websites (e.g. www.samba.tv), and our mobile apps (e.g. Samba TV Mobile). Our Services also include our products and services that may be integrated into third-party websites, mobile apps and Smart TV apps (“Integrated Services”).
1. Collection of Information
1.1 Information You Provide To Us
We collect information you provide directly to us. For example, we collect information when you create an account, update your profile, participate in certain interactive features of the Services, fill out a form, request customer support, or communicate with us. The types of information we collect may include your name, email address, phone number, interests and preferences, location, and other information you choose to provide.
1.2 Information We Get When You Use Our Services
We may collect information about the Services you or your household use and how they are used, such as when you watch a video on a Samba mobile application, visit a third-party website or app that uses our Integrated Services, or interact with our ads and content.
a. What Information We Receive
- Content Viewing Information: We receive information about the content you view and interact with when you enable our Services in your Smart TV (“Content Viewing Information”). We may also receive Content Viewing Information if you enable a Smart TV App that integrates our Services. Content Viewing Information includes things like the title of the content, actions taken while viewing the content, and the length of time you viewed it.
- Log Information: We automatically collect standard log files when you use our Services, which include the time and date of access, pages or features viewed, IP address, the type of web browser you use, and the referral URL.
- Device Information: We collect information about the devices you use to interact with our Services. This device-specific information may include the hardware model and brand, operating system, device identifiers, resource usage, and error logs. We may also discover when your Smart TV is available to connect with a mobile device, which can, for example, be used to make pairing your devices easier.
b. How We Receive This information
- Smart TV Services: When you opt-in to our Smart TV Services, we may recognize the content played through your TV. Please note, we are only able to recognize public content, such as certain shows and movies. We won’t know when you’re watching, for example, home videos.
- Smart TV Apps: We may receive such viewing information when you use our Smart TV Apps or third-party Smart TV apps that use our Integrated Services.
- Mobile Applications: We may receive information about your mobile device and the applications you are running on it. The information we receive may include, for instance, the mobile device’s advertising identifier (e.g. the IDFA or Google Android Ad ID).
- Cookies and Other Technologies: We use various technologies to collect information when you interact with our Services. These technologies include cookies, local storage and web beacons. Cookies and local storage are small data files that are stored on your device when you visit a website. Cookies and local storage enable us and our customers to provide features and functionality (such as keeping you logged in), measure the popularity of our Services, and monitor their performance. Web beacons (or pixel tags) are electronic images that may be used in our Services or emails to help deliver cookies, count website visits, and determine the effectiveness of email marketing campaigns. Our cookies are set to expire twenty-four (24) months from the last time our systems encounter a particular computer or device.
- Information from Integrated Services: We collect information when you visit or use third-party websites and apps that use our Integrated Services, including through cookies and other technologies described above. For example, when you elect to pair a broadcaster’s app to your TV, that broadcaster can use our technology to synchronize your experience on their mobile apps as you watch a show on your TV. Also, third-party apps and websites can use our measurement and advertising services to better understand usage of their services and enable the delivery of interest-based advertisements. The information we collect includes information about your use of those websites and apps, as well as information those apps or websites enable us to collect from their services. For example, a streaming video provider may enable us to receive information about the content you watch so that our recommendation service can suggest additional content that you might like.
1.3 Information We Collect from Other Sources
Where the law permits, we may also obtain information from other sources and combine that with information we collect through our Services. For example, we might obtain information from data providers and advertising exchange services, including assumed demographics and interests, and data about your engagement with certain ads.
Also, if you create or log into your Samba TV account through a social media service, we will have access to certain information from that service based on the settings and authorizations you grant us through that service.
2. Use of Information
We may use the information we collect to:
- Provide, maintain and improve our Services (for instance, we use information we collect to refine the user experience, fix service malfunctions, test our security systems and increase our technical performance);
- Monitor and analyze usage of our Services;
- Personalize our Services and deliver recommendations, advertisements, content and features that match your interests;
- Improve our advertising and measurement systems so we can show you relevant ads on and off our Services (for example, if you are interested in cooking shows, we may serve you ads for new TV cooking programs);
- Communicate with you about products, services, offers and events offered by Samba TV or others, and provide content we think you will find interesting;
- Respond to your comments and questions and provide customer service; and,
- Detect, investigate and prevent fraudulent and other illegal activities, and protect the rights, safety and property of Samba TV and others.
To clarify, information we receive about you or your household from using one device or Smart TV may be combined with information we receive from use of other devices or Smart TVs.
3. Sharing of Information
We may share the information we collect about you with third parties in the following circumstances:
- With Your Consent Or At Your Direction: At your direction or if we have your consent to do so, we will share information with companies, organizations or individuals outside of Samba TV. When you authorize us to share information about you with other companies, you should review their privacy policies to understand how they may use and treat personal information.
- With Service Providers And Data Processors: We may share information with, consultants, data processors, service providers and other trusted businesses who make our business-to-business activities in digital advertising possible.
- For Legal Reasons: We may share information with companies, organizations, or individuals outside of Samba TV: in response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, legal process or national security requirements; if we believe your actions are inconsistent with our user agreements; or, to protect the rights, property or safety of Samba or others.
- With Our Corporate Family: We may share information between and among Samba TV’s current and future parents, affiliates, subsidiaries and other companies under our common control and ownership. We do so in order to administer and deliver our Services as described in this Policy.
- Pursuant To A Change Of Control: We may also share information in connection with any merger, sale of assets, financing or acquisition of all or a portion of our business by another company.
- When You Are Not Directly Identified: We may share certain information, such as Content Viewing Information, that does not, on its own, directly identify you as an individual. We may share this information with our partners and customers (including for advertising and analytics purposes), and the public. We may, for instance, publish aggregated reports regarding how many people viewed a particular TV show. Or, we may share data about your device with advertising platforms to help make the ads you see more relevant to you.
To clarify, the personal information that we share will not directly identify you, but may indirectly identify you through, for example, your device or other means. The types of personal information we may share include device IDs, advertising IDs, IP addresses, hashed/encrypted versions of your email address or other identifier, or pseudonymous IDs.
4. Retention of Information
We may store Content Viewership and Ad Exposure Information for up to three (3) years from the last time our Services encounter a particular device, unless you ask us to delete that information before then. Our cookies are set to expire in less than 24 months. Identifiers associated with your non-Samba TV devices (such as device IDs, mobile ad ids, IP addresses) are kept for no more than 180 days since our last receipt of such identifier.
5. International Transfers
Samba TV is striving to make our services available globally. We are based in the United States and currently have subsidiaries in the United Kingdom, Poland and Taiwan. In the future Samba TV may also establish additional affiliates and subsidiaries in other countries.
To facilitate our operations and to help deliver our Services globally, we may transfer personal information to the U.S. and any other country where our affiliates, subsidiaries, vendors, consultants and service providers operate. For example, we may transfer your personal information to Samba’s servers in the U.S.
When we transfer personal data outside of the EEA or Switzerland, we ensure an adequate level of protection for the rights of data subjects based on: the adequacy of the receiving country’s data protection laws, contracts that place obligations on the recipient of the data pursuant to model clauses approved by the European Commissions, or EU-US and Swiss-US Privacy Shield principles (the “Principles”). Samba TV is a participant in the EU-US Privacy Shield and Swiss-US Privacy Shield programs.
If you have a Privacy Shield-related complaint, please contact us at firstname.lastname@example.org. As part of our participation in Privacy Shield, if you have a dispute with us about our adherence to the Principles, you may address it through our internal complaint resolution process, or through the independent dispute resolution body JAMS at no cost to you.
Privacy Shield participants are subject to the investigatory and enforcement powers of the US Federal Trade Commission and other authorized statutory bodies. Under certain conditions you may invoke binding arbitration before the Privacy Shield Panel. Learn more about the EU-US Privacy Shield and Swiss-US Privacy Shield here.
Please note that for data transfers involving personal data from Argentine data subjects, we will rely on the principles and standards of the model contract clauses approved by the Argentine Data Protection Agency in Disposition 70/E/2017, for the transfer of personal data to countries that, according to the Agency, do not provide an adequate level of data protection.
If you would like more information, please feel free to contact us through the email or at the address provided in Section 11 (Contact Us).
Samba TV takes reasonable and appropriate security measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction
7. Your Rights
In general, you have the right to access, update or delete your personal information. This means you have the right to request that we:
- Inform you of the personal information we collect (and provide you with a copy of your personal information) and how we use it.
- Correct any errors in that information.
- Delete your personal information.
- Disclose to you what personal information of yours we have shared or sold to third parties.
- Stop sharing, processing, or selling your personal information.
You can exercise these rights by:
- adjusting the settings in the Samba TV products and services that you use;
- submitting a request through our online webform
- emailing us at email@example.com
- writing to us at the addresses listed in Section 11 (Contact US)
We will respond to all requests in accordance with applicable laws, which may require that you provide us with additional information to confirm your identity. This confirming information will only be used to process your request.
8. Your Choices
Below are the choices we provide in connection with the practices described in this Policy.
8.1 Smart TV Services
We require TV manufacturers to provide you with an opt-in to enable our Smart TV Services that collect Content Viewership Information. This opt-in will usually be presented when you first set up your Smart TV, or after your Smart TV gets a software update that includes our Smart TV Services.
You should be able to opt in or out of our Smart TV Services at any time your TV is connected to the Internet. You typically can find a feature to opt-out and opt-in in the “settings” menu of your TV; it may also be in the settings menu of the application that integrates our Services. If you have trouble finding this feature, you should contact the TV manufacturer to determine the exact location. If you opt out of our Smart TV Services, we will no longer collect TV viewing information through this service. However, we still may receive Content Viewership Information, as described above in the “Collection of Information” section, when you watch content through certain Smart TV Apps. You should review the opt-out options provided by such applications. If you cannot find the opt-out settings, please contact us at firstname.lastname@example.org.
You may also choose to enable Limit Ad Tracking from the Privacy menu within Smart TV Settings on your Smart TV. If you do so, our advertising platform will opt your Samba TV Advertising ID out of receiving targeted advertising based on Content Viewing Information from Smart TV Services, regardless of what device you are using. Note that whenever you want to unlink the data associated with your Samba TV Advertising ID, you can simply reset it. Please check with the TV manufacturer for the exact location of these features. If you cannot find them or your TV manufacturer has not enabled them, please contact us at email@example.com with your TV manufacturer and model number and we will attempt to provide you with more detailed instructions on where to locate these features.
If you intend to sell or otherwise give away your Smart TV, you should perform a “factory reset.” This will 1) reset the Samba TV advertising ID, and 2) allow the new owner of the TV to choose whether they want to opt-in or opt-out. If you sell or give away your Smart TV without performing a “factory reset,” information about the new owner may be incorrectly attributed to you.
8.2 Interest Based/Tailored Advertising
You may learn more about “interest-based” or “tailored” advertising, as well as pertinent self-regulatory frameworks by visiting the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”). The NAI and DAA are industry associations that develop policies around online consumer privacy in the context of “interest-based” or “tailored” advertising.
Samba TV is an active member of the NAI and the DAA, and we implement the opt out mechanisms provided by the NAI and DAA:
- Web Browsers: You can opt out of having Samba use your web browsing information for “interest-based” or “tailored” advertisements by visiting http://optout.networkadvertising.org or https://optout.aboutads.info.
- Mobile Devices: For the most effective and up-to-date methods to limit ad tracking on your mobile device, please refer to your mobile operating system settings to see how you can opt out of “interest-based” or “tailored” advertisements, or reset your mobile device advertiser ID to unlink information previously associated with your advertiser ID. Please also review the NAI’s mobile opt-out instructions located at mobile-choice. For more information on opting out of targeted advertisements on mobile devices.
Note, you will need to opt out on each browser on each of your devices.
8.3 Cookies And Local Storage
If you prefer, you can usually choose to set your browser to remove or reject browser cookies or to clear local storage. Please note that if you choose to remove or reject cookies or clear local storage, this could affect the availability and functionality of our Services and may result in a new Samba TV cookie being created on your browser or device in the future.
8.4 Promotional Communications
From time to time, we may send you marketing communications about our products and services, in accordance with your preferences. You may opt out of receiving promotional messages from us at any time by following the instructions in those messages (often it will be a notice or link at the bottom of the message). Unless restricted by local regulations, we may still send you non-promotional communications about your account following your opt-out.
8.5 Mobile Push Notifications
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
9. Specific Disclosures
9.1 Children’s Online Privacy Protection Act (COPPA)
Samba TV does not intentionally collect information about individuals under the age of 13 and partners with independent companies to validate our compliance with COPPA.
Kids Privacy Assured by PRIVO: COPPA Safe Harbor Certification. Samba TV is a member of the PRIVO Kids Privacy Assured COPPA Safe Harbor Certification Program (“the Program”). The Program certification applies to the digital properties listed on the validation page that is viewable by clicking on the PRIVO Seal. PRIVO is an independent, third-party organization committed to safeguarding children’s personal information collected online. The PRIVO COPPA certification Seal posted on this page indicates Samba TV has established COPPA compliant privacy practices and has agreed to submit to PRIVO’s oversight and consumer dispute resolution process. If you have questions or concerns about our privacy practices, please contact us at firstname.lastname@example.org. If you have further concerns after you have contacted us, you can contact PRIVO directly at email@example.com.
9.2 California Consumer Privacy Act (CCPA)
If you are a California resident, this section applies to you. This section describes how we collect, use, and share personal information in operating our business. For purposes of this section, “personal information” has the meaning given in the California Consumer Privacy Act of 2018 (CCPA), but does not include certain de-identified or aggregated information, information publicly available in government records, or certain information excluded from the CCPA’s scope.
a. Personal Information We Collect, Use, and Share
We do not knowingly collect information from individuals under the age of 16 without parental consent.
|Categories of personal information (PI) collected||Sources of PI||Purposes of use of PI||Categories of third parties to whom we disclose the PI|
|Email address, Internet Protocol address, device ids, cookies, and advertising IDs||You, your browser, computer, or mobile device, or Samba Smart TV Services.||Communicate with you, provide and improve the Services; prevent fraud and ensure the security of your account and our services; and provide and improve advertisements and other commercial offerings both on and off the Services.||Law enforcement and third party partners, such as advertisers and content producers.|
|Demographic information such as household income, age bracket, and homeownership||You or, with your permission, third parties; partners such as marketing and data providers.||Provide and improve the Services; and provide and improve advertisements and other commercial offerings both on and off the Services.||Advertisers or companies offering services through Samba; law enforcement|
|Ad Exposure and Content Viewing Information associated with your TV ID or IP Address||Your Smart TV, if it has Samba Smart TV Services installed and you have opted-in to data collection||Provide, improve, and resolve errors in our Services; provide content recommendations; and provide and improve advertisements and other commercial offerings both on and off the Services.||Law enforcement; and third party partners, such as advertisers or companies offering services through Samba.|
b. Your Rights
Under the CCPA you have the right to request that we (a) disclose to you what personal information we collect, use, disclose, and sell, (b) delete personal information we collected or maintain about you, and (c) do not sell your personal information (CCPA “opt-out”).
You also have a right not to be discriminated against for exercising any of these rights, and Samba will not do so. However, please note that if you request the deletion or non-sale of your data, Services that rely on such data, such as Recommendations, may no longer function correctly.
9.3 General Data Protection Regulation (GDPR)
If you live in Europe, this section applies to you.
a. Legal Bases for Collecting Personal Data
Our legal bases for collecting personal data are:
- Necessary for the performance of our contract. We processes personal data as is necessary to provide our services to you, personalize services for you, and to tailor ads based on your viewership information, as this is essential to our provision of the Services.
- Legitimate Interests. We may process personal data in furtherance of the following legitimate interests:
- Performing the Services. We use personal data to provide the Services, including any personalized services.
- Keeping the Services safe and secure. We use personal data where it is necessary to ensuring the Services are secure, such as implementing and enhancing security measures and protections, protecting against fraud, spam and abuse.
- Improving, and developing the Services. We use personal data to understand and improve our business. We do so as it is necessary to pursue our legitimate interests of providing an innovative and tailored offering to our members on a sustained basis.
- Facilitate operations across our family of companies. We share personal data with our affiliates as necessary to efficiently run our business.
- Providing ads, and measurement and analytics services. We use personal data to provide personalized ads both on and off the Services and to measure and analyze the success of those ads in order to provide accurate and reliable reporting to our advertisers and partners. We do so as necessary to pursue our legitimate interests of marketing and monetizing our Services.
- Sending marketing communications. We rely on our legitimate interests in marketing and promoting our Services.
- Legal Obligation. We may process personal data in order to comply with a legal obligation, a court order, or to exercise and defend legal claims. For example, we may preserve and disclose personal data if it is necessary to respond, based on applicable law, to a valid legal request (e.g. a subpoena, search warrant, court order, or other binding request from government or law enforcement).
b. Your Rights
You have the right to (a) access your personal data, (b) rectify, restrict, or delete your personal data, (c) object to the processing of your personal data (this is your “opt-out”), (d) revoke your consent to our processing of your personal data, and (e) raise concerns about our use of your personal data to our data protection officer or to the relevant data protection authorities.
9.4 Australian Privacy Act 1998
None of the personal information we collect is ‘sensitive information’ under the Australian Privacy Act of 1998, and we will not collect any sensitive information from you in connection with our Services.
We may change this policy from time to time. If we make changes, we will revise the date at the top of the policy and provide notice. Such notice may take various forms, such as updating the date on the top of the policy, adding a statement to our website, sending you an email, or providing an on-screen notification on your Smart TV.
11. Contact Us
If you have any questions or complaints regarding this policy or about Samba TV’s privacy practices, please contact us at firstname.lastname@example.org, or at:
Free Stream Media Corp.
118 King Street
San Francisco, CA 94107
You may also contact our Data Protection Officer at email@example.com, or at:
Bird & Bird Privacy Solutions
Avenue Louise 235 Box 1
1050 Brussels, Belgium
We will respond to all inquiries in accordance with the applicable data privacy laws.
In the European Union, you also have the right to complain to a data protection authority (“DPA”) about our collection and use of your personal data. Please contact your local DPA in the EU or the Swiss Federal Data Protection and Information Commission, as appropriate.