PRIVACY & COOKIES POLICY (“POLICY”)
This information does not enable us or our service and content providers to identify you as an individual (except as described at paragraph 7.6 of this Policy and unless you voluntarily provide your personal contact details to us when, for example, contacting us for technical support reasons), but does enable us to maintain, personalise and improve the YouView Service (in each case as described below). The information that our service and content providers collect will be governed by their own privacy practices.
This Policy explains what information we collect from you and your YouView device and what we do with this information, including with whom it is shared and how it is stored. It also explains how you can contact us if you have any questions or concerns and your rights in respect of the information we collect.
Please read this Policy carefully to understand how we handle your Personal Data (including Personal Data of others who use your YouView device). Personal Data means any information relating to an identifiable individual.
By accessing or using your YouView Service and/or using any of the services that we provide to you, you confirm that: (a) you have read and understood the entirety of this Policy; (b) where we require your consent in order to use your Personal Data, you are providing your consent as specifically set out in this Policy; and (c) you have and will draw it to the attention of other users of your YouView device (such as family members).
1. WHO WE ARE
In this Policy, “we”, “us” or “our” refers to YouView TV Ltd, a company incorporated in England and Wales with registered number 7308805 and with its registered office address at 2nd Floor, Aldgate Tower, 2 Leman Street, London, E1 8FA, UK, and “you” or “your” refers to you as the user of the YouView Service.
2. WHAT INFORMATION DO WE COLLECT AND WHY?
2.1 We and our service and content providers may collect and process any of the following information about you (some of which may be Personal Data), and we refer to this as “relevant information” throughout this Policy:
Information you give us
2.2 You may give us information about yourself through your use of your YouView device and the YouView Service, by contacting us by phone, email or other communication methods or through a portal (which may be hosted by a third party provider) in the event you are a triallist or forum user. This includes, for example, when you provide your information to us in order to receive a service from us.
2.3 The information you give us may include:
(c) Telephone number;
(d) Email address;
(e) Device Settings and Preferences (including audio settings, subtitle preferences, power saving preferences, quality preferences, parental control preferences);
(f) your opinions and general feedback on the YouView Service (in particular, if you are a YouView triallist or forum user); and
(g) Location data.
Please note that we use certain types of information (primarily that set out in paragraphs 2.3(e) and 2.3(g) above) so that we can provide services to you. If you do not provide us with such information, or ask us to delete it, you may no longer be able to access our services.
What other data do we collect?
2.4 Each time you use our services we may automatically collect technical information, including:
(a) Usage data (including, but without limitation, the type of content you watch, the journey you took to reach specific content, what content was played, how you use the YouView Service such as whether you watch content live, on demand or save content to watch later);
(b) Operational and error data (generated when errors occur during your use of the YouView Service);
(c) Device data;
(d) Device make and model;
(e) Digital rights management unique device data;
(f) Data regarding the internet service to which your YouView device is connected;
(g) Data regarding the devices to which your YouView device is connected, such as your television make and model; and
(h) Internet protocol (IP) address.
3. HOW WE USE YOUR DATA
3.1 We (or third party data processors acting on our behalf) and our service and content providers may collect, use and store the relevant information listed above for the following purposes:
Legal basis: Necessity and/or legitimate interest
(a) Maintaining, developing and improving your experience of the YouView Service;
(b) Improving and developing the content services offered on the YouView Service;
(c) Providing regionalised content (for example, regional news programs or radio stations);
(d) Providing relevant updates and upgrades to your device;
(e) Identifying, monitoring and improving technical issues with the YouView Service;
(f) Identifying any attempted circumvention of device security and taking action to stop such circumvention;
(g) Protecting intellectual property rights;
(h) Providing technical support;
(i) Aggregated reporting and analysis;
(j) Providing device data to internet service providers for inventory management, content optimisation, connection checking, remote customer support and account management purposes;
(k) Providing third parties with aggregated information (which does not contain any Personal Data) for the development and/or promotion of their products or services;
(l) Providing you with any service you have requested (for example, access to the YouView toolkit information via the YouView website.
(m) Providing you with information about YouView which you have requested (for example, our newsletters);
(n) Personalising the advertisements displayed on your YouView Service according to particular relevant information, which may include without limitation: location data, device data and usage data (targeted advertisements – see section 4/”Personalised Content & Recommendations and Targeted Adverts” below for more information);
(o) Confirming targeted advertisements have been shown;
(p) Personalising the Content displayed on your YouView Service based on your usage (personalisation and recommendations – see section 4 /”Personalised Content & Recommendations and Targeted Adverts” below for more information);
(q) Measuring effectiveness of targeted advertisements, personalisation and recommendations;
(r) Promoting products or services to you via our communications with you or via service and content providers’ communications with you (which may include without limitation: via content displayed on the device, and via email or other direct communication).
3.2 We consider that the legal basis for using your Personal Data as set out in this Policy, in respect of the purposes listed at 3.1 above, is that such use is necessary either:
(a) in order to provide the YouView Service to you as set out in the Terms and Conditions (which constitutes a contract for the provision of the YouView Services); or
(b) for our legitimate interests in providing the YouView Service, in particular to provide the YouView Service in a commercially suitable way which is tailored to your use and interests.
3.3 Where use of your Personal Data may become subject to your consent in the future, this Policy shall be updated to identify that need for consent.
4. PERSONALISED CONTENT & RECOMMENDATIONS AND TARGETED ADVERTS (for Gen 2 devices only)
4.1 We have arrangements in place with our TV Partners (currently ITV and Channel 4) to enable them to personalise the content and viewing recommendations in their apps and to deliver targeted adverts you see (when viewing either their channels, or third party channels for whom our TV Partners provide advertisements for, on their behalf) on the YouView Service.
4.2 To do this we generate an ID which relates to your YouView device. We generate the ID and share it with our TV Partners based on our legitimate interest to ensure you get the most out of using the YouView Service. This ID, together with the viewing activity collected from the TV Partner channel that you watch, enables our TV Partners to create a profile of your household and to identify groups of audiences. Our TV Partners can then deliver targeted adverts on your YouView device and to personalise content and viewing recommendations in their apps. This will include programmes that may interest you and adverts for products and services that our TV Partners think you would like to hear about.
4.3 For BT customers, BT may also share the address linked to your BT broadband account to improve the accuracy of the relevant adverts. See BT’s and/or the TV Partners’ privacy policies for more information.
4.5 YouView is the controller for the data processing described in this Policy unless we describe that we perform a different role. For BT customers, YouView shares the ID and associated viewing activity with our TV Partners on behalf of BT. If you are not a BT customer, YouView is the controller and we share the ID and associated viewing activity with our TV Partners. See BT’s and/or the TV Partners’ privacy policies for more information:
5. COOKIES AND OTHER IDENTIFIERS
5.3 We provide you with the ability to clear cookies and locally stored data stored on your YouView device, which you can do at any time via the Settings menu on your YouView device by conducting a factory reset within YouView Settings. If you delete them this may cause some services not to work correctly or as well as they might otherwise work – for example you may need to log into a service again even if you have already logged in before.
5.4 Please see the Cookies Policy for more information on cookies that we collect on our website.
6. HOW LONG WILL WE STORE YOUR DATA
We will use and store your Personal Data as set out in this Policy in accordance with the below:
6.1 for the YouView Service – for so long as you use the YouView Service (based on the last date you used the YouView Service) and thereafter for a period of two years;
6.2 for any support or feedback queries – for as long as it takes us to respond to your query/request and thereafter for a period of six years; and
6.3 for any newsletter you receive from YouView – for as long as you would like to continue receiving information from us.
7. DISCLOSURE OF INFORMATION
7.1 We will share your relevant information with the following categories of third parties:
(a) content and service providers and sub-contractors, suppliers of technical and support services, internet service providers and contact centre providers;
(b) companies that assist us in our marketing, advertising and promotional activities as well as the management of our triallist and forum platforms;
(c) analytics providers that assist us in the improvement and optimisation of the YouView Service; and
(d) third parties responsible for keeping your YouView device secure.
7.2 We will only share Personal Data to the extent this is necessary to enable the third providers mentioned above to provide their services to us and under a strict duty of confidence.
7.3 These third parties will be required to comply strictly with our instructions to keep your information safe in accordance with industry standards and relevant legal requirements. We will also require that they do not use your Personal Data for their own business purposes, unless you have explicitly consented to the use of your Personal Data in this way.
7.4 In addition, we will also disclose your relevant information to third parties:
(a) where this is necessary to comply with applicable law or regulation, in response to a lawful request from a law enforcement agency or court of competent jurisdiction, or where we believe disclosure is necessary to establish, exercise or defend our legal rights or those of our content or other service providers; and
(b) in the event that a third party acquires some or all of our assets or business, the information we hold about you and your YouView device will be transferred to that third party so that they can continue to provide the YouView Service to you.
7.5 We may disclose and use anonymised, aggregated reporting and statistics about users of the YouView Service for the purpose of internal reporting or reporting to our content and service providers or other third parties, and for our marketing and promotion purposes. None of these anonymised, aggregated reports or statistics will enable our users to be personally identified.
7.6 Finally, in certain circumstances, we may transfer some of your non-personal information to our service providers and TV Partners who may be able to combine that non-personal information with other data that they already hold. To the extent that this becomes Personal Data, these service providers and TV Partners will only use such Personal Data for the purposes set out above in this Policy.
7.7 Save as expressly detailed above, we will never share, sell or rent any of your Personal Data to any third party without first seeking your consent.
8. INTERNATIONAL TRANSFERS
8.1 From time to time, some of our service providers may provide services to us from territories that are outside the UK or the European Economic Area (the “EEA“), such as the USA. Territories outside the UK and EEA may not offer the same level of protection for Personal Data as the UK or members of the EEA.
8.2 However, if we provide any Personal Data about you to any such non-EEA service providers, we take appropriate measures to ensure those service providers protect your Personal Data adequately in accordance with this Policy. These measures may include entering into European Commission approved standard contractual arrangements with them.
8.3 Further details on the steps we take to protect your Personal Data, in these cases is available from us on request (please contact us as set out in section 13 /”Contact Us” below).
9.1 We use appropriate technical and organisational measures to protect both the security of information stored on your YouView device and information that we collect from you (including Personal Data) and your YouView device. Although we make every effort to protect the Personal Data which you provide to us, as with any internet-connected device, no internet transmission can ever be guaranteed 100% secure, so you should always take care whenever disclosing personal information about yourself online. Any such transmission is at your own risk and once we have received your information, we will use strict procedures and security features to prevent unauthorised access.
9.2 Where we have given you (or where you have chosen) a password which enables you to access your online account, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
10. YOUR RIGHTS
10.1 You may contact us (as set out in section 13/”Contact Us” below) at any time, to request that we:
(a) confirm whether or not your Personal Data is being processed;
(b) provide you with further details about how we process your Personal Data;
(c) provide you with a copy of any Personal Data which we hold about you;
(d) update/correct any of your Personal Data which is out of date or incorrect;
(e) delete any Personal Data which we are holding about you;
(f) restrict the way that we process your Personal Data;
(g) provide your Personal Data to a third party provider of services (data portability);
(h) provide you with a copy of any Personal Data which we hold about you; or
(i) consider any valid objections which you have to our use of your Personal Data.
10.2 Your request must include your name, email address and postal address, and we may request proof of your identity. We will consider all such requests and provide our response within the time period stated by applicable law.
10.3 If you have previously given your consent to the use of your Personal Data for marketing purposes, you can choose to stop receiving marketing communications which we send to you from time to time by following the unsubscribe instructions included in such communications. Alternatively, you can opt out of such communications at any time by contacting us by emailing us.
11. CHANGES TO OUR PRIVACY & COOKIES POLICY
We may update this Policy from time to time. Any changes we make to this Policy in the future will be posted on this page and where appropriate, notified to you. Please check back frequently to see any updates or changes. By continuing to use our services after any updates, you are confirming that you have read and understood such updates.
12. MAKING A COMPLAINT
You may make a complaint to a supervisory body for data protection matters in the country in which you are based. In the UK, this would be the UK Information Commissioner’s Office. Alternatively you may seek a remedy through local courts if you believe your rights have been breached.
13. CONTACT US
If you have any questions in relation to this Policy or how we collect, use or store your Personal Data, you can contact us by post at: 2nd Floor, Aldgate Tower, 2 Leman Street, London, E1 8FA; or by email.
Our data protection officer is Christina Pettit, who can be contacted at 2nd Floor, Aldgate Tower, 2 Leman Street, London, E1 8FA; or by email.