Privacy Statement OUTtv Pro
Last amended on: 28 September 2017
Safeguarding personal privacy is paramount to OUTtv. OUTtv complies with the requirements stipulated in the Dutch Personal Data Protection Act (Wbp) and the European Data Protection Directive 95/46/EC. Through this Privacy Statement (as defined hereinafter), compliance with the General Data Protection Regulation, which will enter into effect on 25 May 2018, is furthermore guaranteed. This Privacy Statement contains a description of what User information OUTtv collects and how this information is subsequently used, stored, and protected. The purposes of the data processing and the ways in which the user can exert his rights to privacy are also explained in this document.
The User are advised to carefully read this Privacy statement if they make use of OUTtv Services or if they do any other form of business with OUTtv. By using the Website, Service (both of which are defined hereinafter), or other OUTtv services, the User consents to the provisions stipulated in this Privacy Statement.
OUTtv customer service (as defined hereinafter) is at the User’s disposal for any questions pertaining to this Privacy Statement or the manner in which the User’s data is processed.
Article 1. Definitions
"Subscription": a Subscription to OUTtv that offers the User access to certain Content for a certain period of time;
"Account": the personal registration that offers the User access to the Service;
"Devices": the Devices on which Content can be displayed as stipulated on the Website;
"Content": audio-visual material such as films, series, documentaries, trailers, digital magazines;
"Service": the Service of OUTtv that allows the User to purchase various types of Content through various types of Devices; optionally through a fee-based Subscription basis (insofar required) and exclusively for private use in compliance with the Terms & Conditions;
"User": the natural person who purchases the Service from OUTtv;
"Customer Service": detailed information about Customer Service can be found on the Website;
"Parties": both OUTtv and the User;
"Profile": information about the User that is part of the Account, such as their first name, family name, date of birth, sexual orientation, gender, and place of residence;
"OUTtv": the private limited company OUTTV Media B.V., with its registered office and principal place of business in Utrecht at the Hengeveldstraat 29 (3572 KH), registered at the Chamber of Commerce under registration no. 30236905;
"Privacy Statement": this Privacy Statement, which applies to the Service, the Website, and other matters between the User and OUTtv;
"Service Providers": other companies, intermediaries, or contractors that render certain services on behalf of OUTtv or assist OUTtv in rendering the Service for the User;
"Terms & Conditions": the general Terms & Conditions of OUTtv which apply to the (legal) relationships between the parties, among which the Service and Subscription;
"Website": the OUTtv-Service Website, located at: www.outtvpro.com.
Article 2. The information that is collected
2.1. General personal information. OUTtv collects and processes personal information on the User, which is provided by the User when creating an Account and a Profile and when contacting Customer Service. This information pertains to personal details, such as e-mail address, name, gender, age and place of residence. This information provided by the User enables OUTtv to determine the User’s identity and location.
2.2. Specific personal information. Besides general personal information, OUTtv additionally collects and processes specific personal information. When creating a Profile, the User is requested to state his or her sexual orientation. This information is used by OUTtv to provide the User with Content that is specifically targeted towards the User’s preferences. By stating their sexual orientation in the Profile, the User explicitly consents to the processing of this specific personal data.
2.3. Usage information. Besides the information that is provided actively by the User, OUTtv additionally collects and processes information on the usage of the Service, such as the selection of Content, viewing history, and search history. Moreover, information is collected and processed about the Devices through which the Service is used. This information, such as the type of operating system, the hardware version and device settings are necessary for OUTtv to correctly provide the Service and to ensure appropriate Content.
2.4. Third-party information. When creating an Account, it is also possible to log in via Facebook. By using this option, the User consents to the processing of certain Facebook account information, such as their name and e-mail address. The User can also provide Facebook information such as gender, date of birth, and current place of residence. This information makes it possible to offer Content to the User based on their preferences.
2.5. Transaction data. By using the paid services of OUTtv, the User consents to the storage of information pertaining to Transactions, billing, and payments such as credit card information or bank details.
Article 3. Usage of collected information
3.1. Identifying the User and offering the Service. OUTtv uses the personal information from the Account to personalise the Content, to verify whether the User meets the set prerequisites, to respond to requests and questions, and to inform the user about (changes to) the Service.
3.2. Processing payments. When creating an account, OUTtv requests the User to provide certain financial details to enable payments for its Service.
3.3. Recognising preferences. The data provided by the User is used to tailor the Service to the User’s preferences. As such, the stated sexual orientation, search history, reviews, and favourites can be tracked to provide the User with personalised Content recommendations.
3.4. Improving the Service and recognising trends. OUTtv analyses User data in a general sense in order to gain more insight into viewing trends and to use that information to improve the Service. This allows for the further development of the Service and the Content that is offered.
3.5. Avoiding abuse. OUTtv processes the User information to prevent and detect illegal or suspected illegal activities such as fraud and to enforce the Terms & Conditions.
3.6. Marketing. OUTtv may contact the User for promotional purposes, including promotions offered by third parties, or to provide information on the Service and Content. This may be communicated by e-mail, telephone, post, or other suitable media. The User can change their communication preferences, and unsubscribe from promotional offers at any time, via their Account.
3.7. Compliance with national laws and regulations. The collected information can be used by OUTtv to ensure compliance with the various laws and regulations that apply to OUTtv, as well as to settle disputes and to commission (financial) audits. In exceptional cases, OUTtv might use data for other purposes if allowed by or prescribed by law or if there is substantiated cause to assume that this is necessary to prevent damage or abuse.
Article 4. Sharing collected information
4.1. Service Providers. OUTtv uses Service Providers, i.e. third parties, intermediaries, or contractors to render certain services on behalf of OUTtv or to support OUTtv in rendering the Service for the User. For example, Service Providers for communication, infrastructure, marketing, and IT services are used. In certain cases, these Service Providers are granted access to personal information or other information. These Service Providers are only granted permission to process personal data to the extent to which OUTtv deems it necessary for them to provide their services.
4.2. Marketing purpose. OUTtv undertakes to only share information with third parties for marketing purposes with the User’s consent.
4.3. Compliance with laws and regulations. In exceptional cases, OUTtv can provide the authorities or third parties with information if OUTtv is obligated to do so either by law or by order of the court or (another) government authority.
4.4. Transferring data. In the event of reorganisations, restructurings, mergers, sales, or other transfers of company assets, OUTtv will transfer their data, including personal data, provided that the receiving party agrees to treat this personal data in a manner consistent with this Privacy Statement.
Article 5. Third-party websites
5.1. Other websites. On certain parts of the Website and while using the Service, the User is able to click on links to other websites that are not subject to this Privacy Statement. OUTtv exercises no control over these websites. Any third-party website may request and collect data, including User data, from the User. In some cases, they might provide OUTtv with information on the User’s activities on said websites. Users are advised to go over the privacy statements of all third-party websites they visit.
Article 6. Viewing and correcting information
6.1. Viewing Account data. The User can, at any time, view the information displayed in the User Profile through 'Mijn Account' and make any changes if they so wish. This concerns data that is provided by the User, such as contact details, payment details, and various data pertaining to these (such as the Content that is viewed and rated).
6.2. Viewing other data. The User can submit a request, free-of-charge, to gain insight into personal data that is not listed in the Profile as well as rectify or update personal information stored by OUTtv, as well as request the deletion of personal data. Moreover, the User can object to receiving OUTtv information or targeted promotions via e-mail, telephone, post, or other media. The User can contact Customer Service to make use of any of these options.
Article 7. Data storage
7.1. Duration. OUTtv shall only store the information for the duration necessary to provide the Service and as permitted by the applicable statutory regulations.
7.2. Closing an Account. If a User closes their Account, certain data will be stored for analytical purposes and to safeguard the integrity of the records, as well as to prevent fraud, to enforce the Terms & Conditions, to take measures deemed necessary by OUTtv to protect the integrity of the Service or the User, or to take any measures that are otherwise permitted by law.
Article 8. Protection of personal information
8.1. Level of security. At all times, while processing information on Users and Website visitors, OUTtv enforces a level of security that, considering the current state of technology, is sufficiently capable of preventing unauthorised access to, as well as modification, publication, and loss of, personal data. However, no system can guarantee complete safety. In spite of OUTtv’s efforts to protect the User’s information, there can be no assurance that the information shall remain protected at all times. The User should exercise caution in handling personal information and the way it is disclosed.
8.2. Communication data breach. The User consents to OUTtv’s electronic communication on security, privacy, and administrative matters such as data protection breaches. OUTtv can publish a notification on the Service to inform Users of a security breach. OUTtv can also send an e-mail to the e-mail address provided by the User. The User can contact Customer Service with requests to receive a written notification of a security breach, free of charge (or to revoke their consent to receive digital notification).
Article 9. Information shared by the User with third-parties
9.1. Sharing the Account. If the User shares their Account or provides others with access to the Account in another way, they can view this data (including personal data in some cases), such as the Profile, viewing history, ratings, reviews, and account information (including the e-mail address or other data in 'Mijn account').
9.2. Public Profile. If, and insofar as the User is able to make certain data from their Profile public to others Users, the other Users can view this (personal) data. Users are discouraged from sharing any Profile information that they wish to keep private.
Article 10. Privacy of children
10.1. Minimum age. The User must be at least sixteen years of age to create an Account. If the User is still a minor, the Service may solely be used with the inclusion, supervision, and consent of a parent or guardian.
10.2. Explicit Content. The User must have reached the age of majority to access Content that is, by its very nature, suitable for adults. In certain jurisdictions, the age of majority may be higher than 18 years old. In that case, Users must reach this age in order to gain access to the explicit Content.
Article 11. Amendments to this Privacy Statement
11.1. Privacy Statement Updates. OUTtv regularly updates this Privacy Statement in order to, among other reasons, continue to adhere to changes in legal, statutory and operational requirements. OUTtv announces such changes (including the effective date) in a manner that complies with legal requirements. If the Privacy Statement is amended, the “last amended on” date specified at the beginning of the Privacy Statement will be adjusted accordingly.
Article 12. Contact
12.1. Contact details. Any questions pertaining to this Privacy Statement can be directed to OUTtv via Customer Service or post:
OUTTV Media B.V.
3572 KH Utrecht