Terms and Conditions: Quick Summary
PART 1: TERMS AND CONDITIONS
- ABOUT THE YOUVIEW SERVICE
1.2 Because of the way the YouView Service is set up:
1.2.1 your YouView device is the responsibility of the company who manufactured it;
1.2.2 we provide you with a method of accessing Content on your device via the YouView user interface;
1.2.4 we are not responsible for scheduling any Content, the availability of any Content or the contents of the Content, none of which forms part of the YouView Service;
1.2.5 the Content available and features of the YouView Service may vary, be different or be unavailable depending on the YouView device you have (for example we may not be able to make certain Content available on certain devices);
1.2.6 the Content available on the YouView Service may change from time to time. It won’t be practical for us to notify you in advance of all Content changes and instead you should keep checking our website for details of what’s available; and
1.2.7 the features of the YouView service may change from time to time and the interface of the YouView service may differ depending on your internet service provider. We’ll try not to make any significant changes which are likely to be to your disadvantage without notifying you in advance on the website.
- ABOUT YOUVIEW AND YOU
2.2 How to contact us: Our contact details can be found at our website: www.youview.com and you should contact us if you have any questions relating to the Terms and Conditions, our Privacy & Cookies Policy and/or the YouView Service. However, if you have any questions relating to the following matters, you should contact the corresponding person indicated below:
2.2.1 your YouView device – the manufacturer of your YouView device;
2.2.2 your internet connection – your internet service provider; and
2.2.3 any Content – the content provider of the relevant Content.
3.1 The Terms and Conditions cover our provision of and your access to and use of the YouView Service and your YouView device.
3.3 Other Terms
3.3.2 Terms of content providers: Because you can access, via the YouView Service, Content that is made available by content providers, the terms and the pricing (if any) which apply to the Content are determined by the content providers providing it and are beyond our control and responsibility. You must comply with any terms required by content providers when you access their Content.
3.3.3 Other third party terms: In some cases you may be provided with a YouView device (and access to the YouView Service) by a third party (such as an internet service provider) as part of your contract with that third party. Under that contract, additional terms may apply to your relationship with that third party and to your use of the YouView device (and access to certain parts of the YouView Service).
4.1 To use the YouView Service, you must agree to our Privacy & Cookies Policy. Please read our Privacy & Cookies Policy which can be found at http://www.youview.com/privacy/product/, to find out how we may use your Personal Data.
- YOUR USE OF THE YOUVIEW SERVICE
5.2 How you may not use the YouView Service: You may not use the YouView Service in any way other than as described in paragraph 5.1 above. In particular you may not:
5.2.1 make any public or commercial use of the YouView Services or any Content, for example, by charging others for accessing them;
5.2.2 modify, copy (except as permitted by law), reproduce, rebroadcast, or retransmit in any way any of the Content or the YouView Service;
5.2.3 copy or transfer any Content (except as permitted by law) or the YouView Service to another device;
5.2.4 access or use, or allow anyone else to access or use, the YouView Service for any unlawful purpose;
5.2.5 use your YouView device for any other purpose than receiving the YouView Service; and/or
5.2.6 disassemble, reverse engineer or otherwise decompile the YouView device, the YouView Service and/or any software, applications, upgrades or updates available through the YouView Service or installed on any YouView device, except that you may decompile any such software, applications upgrades or updates only to the extent permitted by law.
5.3 Breach of security: If you suspect or become aware of: any breach of the security measures on the YouView Service or your YouView device; any unauthorised use of the YouView Service; or any other breach of security regarding any transactions that you make through the YouView Service, please tell us immediately using the contact details at www.youview.com.
6.1 As stated in paragraph 1.2 above, all Content is made available to you by content providers and not by us. As a result:
6.1.1 third parties’ terms and conditions and privacy policies may apply (see paragraph 3.3 above) and we are not responsible for their terms and conditions;
6.1.2 content providers may levy a charge for access to their Content and we are not responsible for this;
6.1.3 we have no responsibility for content providers;
6.1.4 in the case of information provided by third parties, we can’t guarantee it is correct; and
6.1.5 your dealings with (including, but without limitation, participation in any promotions by) any content providers through the YouView Service are solely between you and such content provider.
6.2 You agree that we shall not be responsible or liable for any loss or damage of any kind incurred by you as a result of any dealings with content providers or other third parties via the YouView Service or as the result of their presence on the YouView Service.
- THE YOUVIEW SERVICE AND YOUR INTERNET CONNECTION
7.1 The internet connection you’ll need: To make the most of the YouView Service and to enjoy a high quality TV experience you will need to be connected to a broadband internet line and you will need a broadband connection speed no lower than the speed recommended by us from time to time. Please check our website at www.youview.com for further details.
7.2 Your internet use: Even if your broadband connection speed meets or is above the speed we recommend, if anyone else is using your broadband connection (for example on another computer in your home) at the same time as you are using it to access certain elements of the YouView Service, this may affect your ability to make the most of and enjoy the YouView Service.
7.3 Your internet service provider and usage: The YouView Service uses your broadband connection for a variety of reasons, such as accessing certain Content and accessing software upgrades and updates (see paragraph 8.3 below). Your internet usage is subject to the terms and conditions which your internet service provider applies to your use of its services. You should be careful that you do not exceed any cap on use of your broadband connection which applies to your broadband account with your internet service provider. If you are not sure whether or not you are subject to any cap on use of your broadband connection you should check with your internet service provider.
7.4 Interruptions to your broadband internet connection: If your broadband internet connection is interrupted or unavailable you may not be able to access certain elements of the YouView Service. We are not responsible if your access to the YouView Service is interrupted or unavailable due to your broadband internet connection.
- CHANGES TO THE YOUVIEW SERVICE
8.1 Necessary changes: We may make changes to the YouView Service:
8.1.1 as a result of legal or regulatory requirements;
8.1.2 if the change does not have a detrimental effect on the YouView Service you are currently receiving;
8.1.3 where it is necessary to do so to fix any “bugs” or errors;
8.1.4 for reasons relating to security of the YouView Service;
8.1.5 to upgrade and update the YouView Service from time to time; and/or
8.1.6 for technical and/or operational reasons.
In some circumstances such changes may have to be made quickly and we may have to change the YouView Service to a previous version whilst (for example) a bug or error is fixed. Some functionality and/or features may be lost during this time but we will try to fix and to restore all functionality and/or features as quickly as possible and we will not be liable to you for any such period of lost functionality and/or features.
8.2 Improvements to the YouView service: We are always looking for ways to improve the YouView Service, and we may make such improvements from time to time. These improvements might include, amongst other things:
8.2.1 adding new features;
8.2.2 removing any features that are not working properly;
8.2.3 changing certain technical specifications;
8.2.4 embedding digital rights management protection to enable content providers to protect their Content; and/or
8.2.5 making other changes that are necessary to improve the YouView Service.
8.3 YouView software upgrades and updates: We will make the changes described in paragraphs 8.1 and 8.2 above through software upgrades and updates, which will be delivered to you via your broadband connection. You will not be able to decline any software upgrade or update relating to a change described in paragraphs 8.1 or 8.2.
8.4 Third party software upgrades and updates: Your YouView device contains software of third parties such as content providers and the manufacturer of your YouView device. These third parties may upgrade and update their software from time to time. We are not responsible for any such upgrades or updates.
- INTELLECTUAL PROPERTY RIGHTS
9.1 Our rights and the rights of content providers: You may not use any of our branding or intellectual property rights without our prior permission in writing or use the branding or intellectual property rights of any content providers or their Content without their prior permission in writing. We reserve all of our rights in the YouView Service and its name, logo, branding and trade marks.
9.2 Software: We will supply the YouView Service using reasonable skill and care but we make no other representations, warranties or guarantees, except as implied by statute.
9.3 Digital rights management: Your YouView device contains digital rights management security features. Some Content may also utilise digital rights management security features and/or other content-protection measures. These features and measures enable content providers to protect their Content when they make it available to you via the YouView Service. You may not remove or circumvent or try to remove or circumvent these features or measures.
- INTERRUPTIONS TO AND SUSPENSION OF THE YOUVIEW SERVICE
10.1 Occasionally, we may have to interrupt the YouView Service or suspend or restrict your use of all or any part of the YouView Service where reasonably necessary for technical, operational, security, legal or regulatory reasons. If we do so, we will restore it as quickly as we can and we will not be liable to you for any harm you suffer as a result of such interruption, suspension or restriction.
10.2 In the event that your YouView device is identified as a device in respect of which any digital rights management system has been circumvented or is likely to be circumvented, YouView reserves the right to suspend the provision of all or part of the YouView Service to your YouView device.
- PARENTAL CONTROLS
11.1 Content that might not be suitable for everyone: Some Content may not be suitable and/or available for everyone. This might include programmes that are not appropriate for children, or services for which payments are required. You will be given the opportunity to turn on parental controls during the initial set up process or at any time afterwards by going to the settings area of the YouView Service. You are responsible for setting up and maintaining parental controls or any other controls that are available, and we will not be responsible for any harm, loss or damage you suffer or any other user of your YouView device suffers as a result of your failure to manage your parental control settings or if you allow or enable Content to be viewed by members of your household for whom such Content is not appropriate.
11.2 Setting up a PIN: There will be a pre-set PIN for you to use the YouView Service. When you first use the YouView Service you can choose to keep that PIN or to change it. You are responsible for keeping your PIN secure and confidential and you must take all reasonable precautions to prevent it being used by someone else. If you know or suspect that your PIN has been compromised you should immediately change it.
11.3 Setting up an ISP PIN: Some Content may be purchased from an ISP via the YouView Service by using an ISP PIN. You will set your ISP PIN directly with your ISP and this ISP PIN is solely managed and controlled by the relevant ISP and we have no access to your ISP PIN. If you know or suspect that your PIN has been compromised you should immediately change it and notify your ISP.
We will do our best to ensure that the YouView Service is accessible by as many people as possible, although we do not control and are not responsible for the accessibility features of the Content.
- YOUVIEW SERVICE AND RESPONSIBILITIES
13.1 The quality of the YouView Service you receive: We aim to provide a continuous, high quality service but we cannot guarantee that the YouView Service will always be available or be uninterrupted, timely, secure or free from bugs, errors and omissions.
13.2 Other factors that determine the quality of the YouView Service that you receive: The quality and availability of the YouView Service is dependent in part on factors which are outside of our control such as:
13.2.1 your TV aerial;
13.2.2 the availability of digital TV channels in your area;
13.2.3 the quality and availability of the Content; and
13.2.4 in relation to any of the features of the YouView Service which are accessed over the internet, the quality of your broadband internet connection.
13.3 Types of loss or damage that we are not responsible for: We are not responsible for any harm, loss or damage suffered by you or anyone else which may arise from use of the YouView Service:
13.3.3 as a result of a defect with your YouView device;
13.3.4 relating to your use or viewing of any Content;
13.3.6 as a result of any loss of data from or damage to your YouView device or the YouView Service except where we have not used reasonable care and skill;
13.3.7 as a result of any infringement or alleged infringement of intellectual property rights by a third party; and
13.4.1 our liability for death or personal injury caused by our negligence or fraud; and
13.4.2 your liability for death or personal injury caused by your negligence or fraud.
13.5 Types of loss or damage for which our liability is limited:
For any loss or damage suffered by you or anyone else which may arise solely and exclusively from use of the YouView Service and which is not covered by paragraphs 13.3 and 13.4, our liability is limited to £100 or any other amount that we agree is appropriate.
14.1 You may stop using the YouView Service at any time.
- GENERAL TERMS
PART 2: PRIVACY & COOKIES POLICY
This information does not enable us or our service and content providers to identify you as an individual (except as described at section 6.6 of this Privacy & Cookies 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 content providers collect will be governed by their own privacy practices.
This Privacy & Cookies 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.
- WHO WE ARE
- 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, and we refer to this as “personal 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, contacting us via live chat on our website or 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 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 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.
- 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 personal information listed above for the following purposes:
(a) Maintaining, developing and improving your experience of the YouView Service;
(b) Improving and developing the content services offered on the YouView Service;
(c) Personalising the content displayed on your YouView Service based on your usage;
(d) Providing regionalised content (for example, regional news programs or radio stations);
(e) Providing regionalised advertising specific to your location;
(f) Providing relevant updates and upgrades to your device;
(g) Identifying, monitoring and improving technical issues with the YouView Service;
(h) Identifying any attempted circumvention of device security and taking action to stop such circumvention;
(i) Protecting intellectual property rights;
(j) Providing technical support;
(k) Aggregated reporting and analysis;
(l) Providing device data to our affiliate internet service providers for inventory management, content optimisation, connection checking, remote customer support and account management purposes;
(m) Providing third parties with aggregated information (which does not contain any personal information) for the development and/or promotion of their products or services;
(n) Providing you with any service you have requested (for example, access to the YouView toolkit information via the www.youview.com website); and
(o) Providing you with information about YouView which you have requested (for example, our newsletters).
(b) for our legitimate interests in providing the YouView Services, in particular to provide the YouView Services in a commercially suitable way which is tailored to your use and interests.
3.4 If, in the future, we rely on your consent for us to use your personal information in a particular way, but you later change your mind, you may withdraw your consent (either by using your Device Settings and Preferences, or contacting us as set out in section 12/”Contact Us” below) and we will stop doing so.
- COOKIES AND OTHER IDENTIFIERS
4.3 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.
4.4 Please see the Cookies Policy on our website at http://www.youview.com/cookies/ for more information on cookies that we collect on our website and what we do with them.
- HOW LONG WILL WE STORE YOUR DATA
We will use and store information about you as set out in this Privacy & Cookies Policy in accordance with the below:
5.1 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;
5.2 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
5.3 for any newsletter you receive from YouView – for as long as you would like to continue receiving information from us.
- DISCLOSURE OF INFORMATION
6.1 We will share your personal 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.
6.2 We will only share personal information 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.
6.3 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 information for their own business purposes, unless you have explicitly consented to the use of your personal information in this way.
6.4 In addition, we will also disclose your personal 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.
6.5 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.
6.6 Finally, in certain circumstances, we may transfer some of your non-personal information to our service providers who may be able to combine that non-personal information with other data that they already hold. To the extent that this becomes personal information, these service providers will only use such personal information for the purposes set out above in this Privacy and Cookies Policy.
6.7 Save as expressly detailed above, we will never share, sell or rent any of your personal information to any third party without first seeking your consent.
- INTERNATIONAL TRANSFERS
7.1 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 information as the UK or members of the EEA.
7.2 However, if we provide any personal information about you to any such non-EEA service providers, we take appropriate measures to ensure those service providers protect your personal information adequately in accordance with this Privacy & Cookies Policy. These measures may include:
(a) in the case of US based service providers, entering into European Commission approved standard contractual arrangements with them, or ensuring they have signed up to the EU-US Privacy Shield (see further https://www.privacyshield.gov/welcome); or
(b) in the case of service providers based in other countries outside the UK or EEA, entering into European Commission approved standard contractual arrangements with them.
7.3 Further details on the steps we take to protect your personal information, in these cases is available from us on request (please contact us as set out in section 12 /”Contact Us” below).
8.1 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 information) and your YouView device. Although we make every effort to protect the personal information 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.
8.2 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.
- YOUR RIGHTS
9.1 You may contact us (as set out in section 12/”Contact Us” below) at any time, to request that we:
(a) confirm whether or not personal information about you is being processed;
(b) provide you with further details about how we process your personal information;
(c) provide you with a copy of any personal information which we hold about you;
(d) update/correct any of your personal information which is out of date or incorrect;
(e) delete any personal information which we are holding about you;
(f) restrict the way that we process your personal information;
(g) provide your personal information to a third party provider of services (data portability);
(h) provide you with a copy of any personal information which we hold about you; or
(i) consider any valid objections which you have to our use of your personal information.
9.2 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.
9.3 If you have previously given your consent to the use of your personal information 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 email at firstname.lastname@example.org.
11 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 (https://ico.org.uk/). Alternatively you may seek a remedy through local courts if you believe your rights have been breached.
12 CONTACT US
Our data protection officer is Christina Pettit, who can be contacted at 10 Lower Thames Street, London, EC3R 6YT or by email at email@example.com.
Last Updated: March 2018