1. IMPORTANT INFORMATION AND WHO WE ARE

PURPOSE OF THIS PRIVACY NOTICE

This privacy notice aims to give you information on how Dynamic Television collects and processes your personal data through your use of the Platform, including any data you may provide through the Platform when you interact with it.

The Platform is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

CONTROLLER

Dynamic Television, LLC is the controller and responsible for your personal data (collectively referred to as ”Dynamic Television”, “we”, “us” or “our” in this privacy notice).

CONTACT DETAILS

Our full details are: Dynamic Television, LLC

Full name of legal entity: Dynamic Television, LLC

Contact: Click Here

You have the right to make a complaint at any time to the relevant regulatory authority in respect of data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the regulator so please contact us in the first instance.

CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES

This version was last updated on May 18, 2018 and historic versions can be obtained by contacting us.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us, preferably by updating it on the Platform.

THIRD-PARTY LINKS

The Platform may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave the Platform, we encourage you to read the privacy notice of every website you visit.

2. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

• Identity Data includes first name, last name, username or similar identifier.
• Contact Data includes email address and telephone numbers.
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Platform.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use the Platform.
• Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Platform feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

• Direct interactions.You may give us your Identity, Contact by interacting with the Platform or by corresponding with us by post, phone, email or otherwise apart from the Platform. This includes personal data you provide when you
  • create an account on the Platform;
  • subscribe to our service or publications via the Platform;
  • request marketing to be sent to you;
• Automated technologies or interactions. As you interact with the Platform, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy for further details.

4. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your personal data. You have the right to withdraw consent to marketing at any time by contacting us here.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us here if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

MARKETING

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

PROMOTIONAL OFFERS FROM US

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and, in each case, you have not opted out of receiving that marketing.

THIRD-PARTY MARKETING

We will get your express opt-in consent before we share your personal data with any company outside the Dynamic Television group of companies for marketing purposes.

OPTING OUT

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us here at any time.

COOKIES

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Platform may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.

CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us here.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

• Internal Third Parties as set out in the Glossary.
• External Third Parties as set out in the Glossary.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. INTERNATIONAL TRANSFERS

We share your personal data within the Dynamic Television, LLC Group. This will involve transferring your data outside the European Economic Area (EEA).

Many of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever when we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Please contact us here if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7. DATA SECURITY

We have ensured that there are in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have ensured that there are in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. DATA RETENTION

HOW LONG WILL YOU USE MY PERSONAL DATA FOR?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us here.

In some circumstances you can ask us to delete your data: see Request erasure below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please refer to the Glossary to find out more about these rights:

• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us here.

NO FEE USUALLY REQUIRED

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

WHAT WE MAY NEED FROM YOU

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

TIME LIMIT TO RESPOND

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10. GLOSSARY

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us here.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

INTERNAL THIRD PARTIES

Other companies in the Dynamic Television Group acting as joint controllers or processors and who are based in Germany and provide IT and system administration services and undertake leadership reporting.

EXTERNAL THIRD PARTIES

• Service providers acting as processors based in Germany, the USA and Australia who provide IT and system administration services.
• Relevant regulatory and other authorities acting as processors or joint controllers based who require reporting of processing activities in certain circumstances.
• Advisors on an as needed basis.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Privacy Notice for California Residents

Effective 22 February 2021

This Privacy Notice for California Residents (the “Notice”) supplements the information provided in Dynamic Television’s Privacy Policy and aims to inform you on how Dynamic Television collects and processes your personal data through your use of the Platform, including any data you may provide through the Platform when you interact with it.

The Notice applies only to California residents and users of the Platform (“You”) only as and where required by the California Consumer Privacy Act of 2018 (“CCPA”) and is subject to any exemptions (for example for certain information within Business-to-Business communications and employment-related personal information) allowed by CCPA. All terms capitalized herein but not defined have the same meaning as within the Privacy Policy and CCPA. This Notice does not apply to publicly available information that is lawfully made available to the general public from federal, state, or local government records; and to information that is deidentified or aggregate information.

A. We have within the past 12 months and may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

B. We obtain the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms that you complete or transactions that you request.
• Indirectly from you. For example, from observing your actions on the Platform.
• From other sources. For example, commercially available sources and information from our affiliates or business partners.

C. We may use or disclose the personal data that we collect for one or more of the following business purposes:

• To fulfill or meet the reason for which the information is provided and to facilitate the intended relationship with us. For example, we use the email address that You provide to send You communications about programming for which You expressed interest.
• To fulfill or meet the reason for which the information is provided and to facilitate the intended relationship with us. For example, we use the email address that You provide to send You communications about programming for which You expressed interest.
• To provide You with information, products or services and to facilitate any transactions between us.
• To personalize our services and deliver to You content that better suits your interests.
• To provide You with email alerts and other notices concerning our programming or services, or events or news, that may be of interest to You.
• To carry out our obligations and enforce our rights arising from any contracts entered into between us, including servicing such contract and billing / collections.
• To improve our website and for testing, analysis, product development.
• As necessary or appropriate to protect us, our clients or others’ rights, property or safety.
• To respond to regulatory and/or law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to You when collecting your personal information or as otherwise permitted by CCPA or other laws and regulations.

We will not collect additional categories of personal data from those identified above or use the personal data we collected for materially different, unrelated, or incompatible purposes without providing You notice.We will not collect additional categories of personal data from those identified above or use the personal data we collected for materially different, unrelated, or incompatible purposes without providing You notice.

D. We may share your personal data to a third party to fulfill a business purpose. In the preceding twelve (12) months we have shared the following personal data with third parties to fulfill a business purpose:

Category A: Identifiers
Category B: California Customer Records personal information categories
Category C: Protected classification characteristics
Category D: Commercial information
Category F: Internet or other electronic network information
Category G: Geolocation data
Category I: Professional or employment-related data
Category K: Inferences.

We disclose your personal data to the following third parties to fulfill a business purpose:

• To third party service providers and vendors who perform marketing, website development and hosting or other services on our behalf.
• To our affiliates and subsidiaries.
• As otherwise required or permitted by law.

E. We do not sell your personal information.

F. CCPA provides California residents with specific rights regarding their personal data. This section describes your rights and explains how to exercise these.

With the exception of Business to Business (B2B) personal data, You have the right to request that we disclose certain information to You about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to You:

• The categories of personal data that we collected about You.
• The categories of sources for the personal data that we collected about You.
• Our business or commercial purpose for collecting or (as may become applicable) selling that personal data.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information that we collected about You (also known as a data portability request), if specifically requested by You.
• If we sold (as may become applicable) or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and,
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

We do not provide access and data portability rights for B2B personal information.

G. Subject to the exceptions permitted by CCPA You have the right to request that we delete your personal data from our records and direct our service providers to do so. We will comply with your deletion request and will direct our service providers to delete your personal data. We (and our service providers) do not have to comply with deletion requests for personal data that we (or our service providers) maintain for one or more of the following reasons:

• Complete the transaction for which we collected the personal information, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform our contract with You.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if You previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which You provided the information.

H. To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Calling us at +1 323 433 0100; or,

Emailing us at: Internal@dynamictelevision.com

Writing to us at: 145 S. Fairfax, Ave Suite 404, Los Angeles, CA 90036, USA

A request is verifiable when it is made by a consumer, by a consumer on behalf of the consumer’s minor child, or by a natural person or a person registered with the California Secretary of State, authorized by the consumer to act on the consumer’s behalf, and that we can reasonably verify, pursuant to regulations adopted by the Attorney General pursuant to paragraph (7) of subdivision (a) of Section 1798.185 to be the consumer about whom we have collected personal information. We are not obligated to provide information if we cannot verify that the consumer making the request is the consumer about whom we have collected information or is a person authorized by You to act on your behalf. Once we receive a verifiable consumer request from You to access Your personal information we shall promptly take steps to disclose and deliver, free of charge to You, the personal information outlined in Sections F and G above. The information may be delivered by mail or electronically, and if provided electronically, the information shall be in a portable and, to the extent technically feasible, in a readily useable format that allows You to transmit this information to another entity without hindrance. We will not provide personal information to You more than twice in a 12-month period.

We endeavor to respond to each verifiable request within 45 days of receiving such request from You, however we may need to extend the time period to provide the required information once by an additional 45 days when reasonably necessary, provided You are provided notice of the extension within the first 45-day period.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will provide you with a cost estimate and rationale before completing your request. We also reserve the right to deny excessive, repetitive, or manifestly unfounded requests.

I. We will not discriminate against You because You exercised any of your rights under CCPA, including, but not limited to, by:

• Denying goods or services.
• Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties.
• Providing a different level or quality of goods or services.
• Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services

However, You may be charged a different price or rate, or provided with a different level or quality of goods or services, if that difference is reasonably related to the value provided to You by Your data.

J. We reserve the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will post the updated notice on the Platform and update the notice’s effective date. Your continued use of the Platform following the posting of changes constitutes your acceptance of such changes.

K. If you have questions related to this Notice, please feel free to contact us at:
Tel: +1 323 433 0100
Email: Internal@dynamictelevision.com
Address: 145 S. Fairfax, Ave Suite 404, Los Angeles, CA 90036, USA