Effective as of May 17, 2017.

 

Table of Contents:

 

  1. SCOPE AND APPLICATION: What and who this Policy covers.
  2. COLLECTION OF INFORMATION: The sources of and methods by which we, our service providers and our advertisers collect information from and about you, including information about your interaction with the NoireTV Services.
  3. NOTICE AND CHOICE: How we provide you with notice and choice regarding the collection and use of your information.
  4. USE AND DISCLOSURE: How we use the information we collect from and about you, and who we might share it with and why.
  5. SECURITY: How we protect your information from loss or misuse.
  6. USER ACCESS AND CONTROL: How you can access and control the information we maintain about you.
  7. DATA RETENTION: How and why we store your information.
  8. SENSITIVE INFORMATION: Description of information that is deemed sensitive.
  9. CONTACT US: How to contact NoireTV about this Policy.

 

 

  1. SCOPE AND APPLICATION

 

NoireTV  (“NoireTV”), which operates the NoireTV.com website, has developed this Privacy Policy to describe how we collect, use and disclose information from and about you. This Privacy Policy describes our practices in connection with information collected through the entertainment-related websites (the “NoireTV Sites”), mobile sites, applications (“apps”), widgets, and other content and services that are linked to this Privacy Policy (collectively, the “NoireTV Services”).

 

By providing personal information to us and using the NoireTV Services, you agree to the terms and conditions of this Privacy Policy. To see a list of our affiliated companies (“NoireTV Affiliates”) click here.

 

As set forth in our Terms of Use, the NoireTV Services are for a general audience, are not targeted to children, and do not knowingly collect personal information from children under 13 years of age.

 

This Privacy Policy applies to all users, including both those who use some of the NoireTV Services without being registered for an NoireTV Service and those who have registered for one or more NoireTV Service. This Privacy Policy applies to NoireTV’s collection and use of your personal information (i.e., information that identifies a specific person, such as full name or email address). It also describes generally NoireTV’s practices for handling non-personal information (e.g., interests, demographics and services usage).

 

  1. COLLECTION OF INFORMATION

 

NoireTV and our service providers collect the following information from and about you:

 

Registration Information iis the information you submit to register for our NoireTV Services, for example to create an NoireTV account, receive a newsletter or mobile alert, or enter a contest or sweepstakes. Registration Information may include, for example, name, email address, gender, zip code, birthday, and phone number.

 

Public Information and Posts consist of comments or content that you post to the NoireTV Services and the information about you that accompanies those posts or content, which may include a name, user name, comments, likes, status, and profile information. Public Information and Posts are always public, which means they are available to everyone and may be displayed in search results on external search engines.

 

Social Media Information and Content . If you access or log-in to an NoireTV Service through a third party social media service or another website, app, service or log-in (“Other Service”), or connect an NoireTV Service to Other Services, the information we collect may also include your user ID and/or user name associated with that Other Service, any information or content you have permitted the Other Service to share with us, such as your profile picture, email address or friends’ lists, and any information you have made public in connection with that Other Service (collectively, “Social Media Information and Content”). When you access the NoireTV Services through Other Services, or when you connect an NoireTV Service to Other Services, you are authorizing NoireTV to collect, store, and use any and all Social Media Information and Content in accordance with this Privacy Policy.

 

Authenticated Content . To access certain video content via the NoireTV Services, you will be redirected to your television content provider’s registration page where you will be required to register directly with your television content provider. Please contact your television content provider directly for questions on your account, including how to access or cancel your account. Any information that you provide to your television content provider will be subject to the applicable television content provider’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, any television content provider’s use of information collected via the NoireTV Services.

 

Site Activity Information . When you access and interact with the NoireTV Services, NoireTV and our service providers may collect certain information about those visits. For example, in order to permit your connection to the NoireTV Services, our servers receive and record information about your computer, device and browser, including potentially your IP address, browser type, and other software or hardware information. If you access the NoireTV Services from a mobile or other device, we may collect a unique device identifier assigned to that device, geolocation data (including your precise location), or other transactional information for that device in order to provide the NoireTV Services to it.

 

Cookies and other tracking technologies (such as browser cookies, pixels, beacons, and Adobe Flash technology including cookies), which are comprised of small bits of data may also be used. Websites, apps, and other services send this data to your browser when you first request a web page and then store the data on your computer or other device so the website, app or other service can access information when you make subsequent requests for pages from that website, app or other service. These technologies may also be used to collect and store information about your usage of the NoireTV Services, such as pages you have visited, the videos and other content you have viewed, search queries you have run and advertisements you have seen. Cookies may also be used by us or by our service providers to collect and store information on your use of other companies’ websites or services, such as sites you visit and materials you view. We may merge this with other data we collect about you from third parties to assist us in our ability to provide the Services, including, without limitation, to advertise and provide content to you. Our work in this respect is compliant with the Digital Advertising Alliance’s Principles for the Self-Regulation of Online Behavioral Advertising. To learn more, visit www.aboutads.info/choices .

 

Third parties that support the NoireTV Services by serving advertisements or providing services, such as allowing you to share content or tracking aggregate NoireTV Service usage statistics, may also use these technologies to collect similar information when you use the NoireTV Services or third party service. These third parties may also use these technologies, along with Site Activity Information they collect to recognize you across the devices you use, such as a mobile device and a laptop or other computer. NoireTV does not control these third party technologies and their use is governed by the privacy policies of third parties using such technologies. For more information about third party ad networks and similar entities that use these technologies, including your choices with respect to them, see the section entitled “To deliver relevant advertisements,” below.

 

Most browsers are initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies). Users can manage the use of Flash technologies with the Flash management tools available at Adobe’s website, see http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html . Please note that by blocking any or all cookies, you may not have access to certain features, content or personalization available through the NoireTV Services.

 

The NoireTV Services that enable you to view NoireTV video content may feature Nielsen’s proprietary measurement software which will allow you to contribute to market research, like Nielsen’s TV Ratings. The information is collected directly by Nielsen’s software within the applicable NoireTV Service. NoireTV makes no representation or warranty to you regarding the Nielsen software. To learn more about Nielsen’s digital measurement products and your choices in regard to them, please visit www.nielsen.com/digitalprivacy. If you do not wish to participate in Nielsen’s digital measurement research, please visit www.nielsen.com/digitalprivacy to learn more about your choices and how to opt-out.

 

Information from Other Sources . To improve the quality of the NoireTV Services, we and our service providers may supplement the information we collect with information from other sources, such as publicly available information from social media services, commercially available sources and information from our NoireTV Affiliates or business partners.

 

Do Not Track Signals . At this time we do not respond to browser ‘Do Not Track’ signals, as we await the work of interested stakeholders and others to develop standards for how such signals should be interpreted.

 

  1. NOTICE AND CHOICE

 

Means of Notice and Choice . This Privacy Policy and your account settings are the primary means by which NoireTV provides you with notice and choice regarding its collection and use of your personal information.

 

Updates to Privacy Policy . NoireTV may modify this Privacy Policy. Please look at the Effective Date at the top of this Privacy Policy to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the NoireTV Services.

 

Location of Data . The NoireTV Services are hosted in and managed from the United States. If you are a user located outside the United States, you understand and consent to having any personal information transferred to and processed in the United States. United States data protection and other relevant laws may not be the same as those in your jurisdiction. This includes the use of cookies and other tracking technologies as described above. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in the United States may be entitled to access your personal information. As a result, please read this Privacy Policy with care.

 

Linked Services . The NoireTV Services may also be linked to sites operated by unaffiliated companies, and may carry advertisements or offer content, functionality, games, newsletters, contests or sweepstakes, or applications developed and maintained by unaffiliated companies. NoireTV is not responsible for the privacy practices of unaffiliated companies and once you leave the NoireTV Services via a link, enable an unaffiliated service, or click an advertisement, you should check the applicable privacy policy of the unaffiliated service.

 

In addition, NoireTV is not responsible for the privacy or data security practices of other organizations, such as Facebook, Tumblr, Twitter, Apple, Google, Microsoft or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including in connection with any information you disclose to other organizations through or in connection with the NoireTV Services.

 

Collection of Personal Financial Information by a Payment Service . In some cases, we may use an unaffiliated payment service to allow you to purchase a product or make payments (“Payment Service”). If you wish to purchase a product or make a payment using a Payment Service, you will be directed to a Payment Service web page. Any information that you provide to a Payment Service will be subject to the applicable Payment Service’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, any Payment Service’s use of information collected through any Payment Service.

 

  1. USE AND DISCLOSURE

 

We use the personal information and other information we collect from and about you for the following purposes:

 

To provide and manage the NoireTV Services . We use the information we collect from and about you to provide the NoireTV Services and features to you, including to measure and improve those NoireTV Services and features, to develop new products and services, to improve and personalize your experience with both online and off-line NoireTV Services by delivering relevant content, advertising and marketing messages, to allow you to comment on content, participate in online games, contests, other promotions, or rewards programs, to provide you with customer support, and to respond to inquiries. In order to provide you with content and advertising that is more interesting and relevant to you, we may use the information from and about you to make inferences and predictions about your potential areas of interest. When the information collected from or about you does not identify you as a specific person, we may use that information for any purpose or share it with third parties to the extent permitted by applicable law.

 

To allow service providers to assist us in providing and managing the NoireTV Services . NoireTV may make your information we collect from and about you available to certain third party service providers, such as contractors, analytics and other measurement companies, agents or sponsors, who help us analyze and understand your use of the NoireTV Services, and manage and/or provide the NoireTV Services.

 

To deliver video content . In the ordinary course of our business, we may share information that we collect from or about you to third parties in order to process your requests and fulfill your orders for video content offered through the NoireTV Services, including, to provide you with access to localized content and provide video content recommendations. For example, to process your request to view certain authenticated video content through the NoireTV Services, we may need to share information about you with your designated television content provider and/or our third party service providers in order to authenticate and/or authorize you to view authenticated video content through the NoireTV Services.

 

To allow social sharing functionality . If you log-in with or connect your social media account to an NoireTV Service, we will share your social media user name, picture, and likes, as well as your activities and comments with other NoireTV Services’ users and with your friends associated with your social media account. We will also share the same information with your social media account provider. By logging-in with or connecting your NoireTV Services account and your social media account, you are authorizing us to share information with your social media account provider, other users and your friends, and you understand that the social media service’s use of the shared information will be governed by the social media site’s privacy policy. If you do not want your personal information shared in this way, please do not connect your social media account with your NoireTV Services account and do not participate in social sharing on the NoireTV Services.

 

To provide co-branded services and features . We may offer co-branded services or features, such as contests, sweepstakes or other promotions together with a third party (“Co-Branded Services”). These Co-Branded Services may be hosted on NoireTV Services or on the third party’s service. By virtue of these relationships, we may share the information you submit in connection with the Co-Branded Service with the third party. The third party’s use of your information will be governed by the third party’s privacy policy.

 

To deliver relevant advertisements . We and our service providers may use the information we collect from or about you, and information that our service providers collect from your use of other websites and services through cookies and other technologies, to assist us in delivering you relevant ads when you visit the NoireTV Services (on any of your devices) or Other Services. As noted above, these third party advertising networks and advertisers may use cookies and similar technologies to collect and track information such as demographic information, inferred interests, aggregated information, and information on the different devices you sue and your activity on such devices to assist them in delivering advertising that is more relevant to your interests. To find out more about third party advertising networks and similar entities that use these technologies, see www.aboutads.info, and to opt out of such advertising networks’ and services’ advertising practices, on the particular device on which you are accessing this policy, go to www.aboutads.info/choices. If you would like to opt-out of such ad networks’ and services’ advertising practices, go to www.aboutads.info/choices to opt-out in desktop and mobile web browsers. You may download the AppChoices app at www.aboutads.info/appchoices to opt-out in mobile apps.

 

To contact you . NoireTV may periodically send promotional materials (e.g., newsletters) or notifications related to the NoireTV Services to the email address you provided to us at registration or for your account. If you want to stop receiving promotional materials from an NoireTV Service, you can change your NoireTV account setting, or follow the unsubscribe instructions at the bottom of each email, or send an email to NoireTV.Privacy@fox.com. There are certain service notification emails that you may not opt-out of, such as notifications of changes to the NoireTV Services or policies. If you have installed a mobile app and you wish to stop receiving push notifications, you can change the settings either on your mobile device or through the app.

 

To share with our Affiliates . NoireTV may share your information with NoireTV Affiliates for the purposes described in this Privacy Policy. A link to a website that lists NoireTV Affiliates can be found at the beginning of this policy. Users who visit NoireTV Affiliates’ services should still refer to their separate privacy policies, which may differ in some respects from this Privacy Policy.

 

To share with business partners . NoireTV may share your information with business partners to permit them to send you marketing communications, consistent with your choices.

 

To protect the rights of NoireTV and others . There may be instances when NoireTV may use or disclose your information without providing notice or choice, including situations where NoireTV has a good faith belief that such use or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of NoireTV, our NoireTV Affiliates or their employees, agents and contractors (including enforcement of our agreements and our Terms of Use); (ii) protect the safety, privacy, and security of users of the NoireTV Services or members of the public; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities.

 

To complete a merger or sale of assets . If NoireTV sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business (including, without limitation, in connection with bankruptcy or a similar proceeding), NoireTV may transfer your information to the party or parties involved in the transaction as part of that transaction.

 

When the information collected from or about you does not identify you as a specific person, we may use that information for any purpose or share it with third parties. In some instances, we may combine that information with personal information, such as combining your zip code with your name. If we combine this information with personal information, the combined information will be treated by us as personal information as long as it is combined.

 

  1. SECURITY

 

NoireTV uses commercially reasonable administrative, technical, personnel and physical measures to safeguard information in its possession against loss, theft and unauthorized use, disclosure or modification. However, no one can guarantee the complete safety of your information.

 

  1. USER ACCESS AND CONTROL

 

If you would like to access, review, correct, update, suppress, or otherwise limit our use of your personal information you have previously provided directly to us, you may contact us using the mechanisms provided below. In your request, please include your email address, name, address, and telephone number and specify clearly what information you would like to access, change, update and/or whether you would like to have your personal information suppressed from our database, or if you have other questions about your personal information. We will try to comply with your request as soon as reasonably practicable.

 

You may request that we not share your personal information on a going-forward basis with NoireTV Affiliates or unaffiliated third parties for their direct marketing purposes by sending an email to NoireTV.CaliforniaPrivacy@fox.com with “Disclosure Opt-out” in the subject line and your full name, email address, postal address and specific NoireTV Service you have subscribed to in the body of the email. We will try to comply with your request(s) as soon as reasonably practicable.

 

  1. DATA RETENTION

 

We will retain your information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by applicable law.

 

Remember that even after you cancel your account, copies of some information from your account may remain viewable in some circumstances where, for example, you have shared information with Other Services. We may also retain backup information related to your account on our servers for some time after cancelation for fraud detection or to comply with applicable law or our internal security policies. It is not always possible to completely remove or delete all of your information due to technical constraints, contractual, financial or legal requirements. Because of the nature of caching technology, your account may not be instantly inaccessible to others, and there may be a delay in the removal of the content from elsewhere on the Internet and from search engines.

 

  1. SENSITIVE INFORMATION

 

We ask that you not send us, and you not disclose, any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the NoireTV Services or otherwise.

 

  1. CONTACT US

 

If you have questions about this Privacy Policy, please send an email to partnerships@caspenmedia.com

 

Additionally, you can contact us by mail at:

 

NoireTV Networks – Privacy

Business & Legal Affairs

Caspen Media Corporation

P.O. Box 7533

Silver Spring, MD 20907