Last updated: August 8, 2018

OVERVIEW

This is the Privacy Policy of APERTURE, Inc. (for the purposes hereof, “APERTURE,” “we” or “us”), a subsidiary of APERTURE, Inc. APERTURE provides an online video service (the “APERTURE OTT” or “our service”) that allows video content owners and licensors (each a “Producer”) to offer their video programs (each a “Program”) for sale to consumers via Producer websites and applications (each a “Producer Site” or “Producer App,” respectively) that APERTURE powers.

Consumers: In order to purchase a Program (including through a subscription), a consumer (“you”) must create an account with (i) APERTURE; and (ii) the Producer offering the Program. By creating an account an account with a Producer, you agree to provide your information (as described more fully in Section 2) to the Producer as well as APERTURE. By using the APERTURE OTT Service, you consent to the collection, use, and disclosure of your information as set forth in this Privacy Policy.

Producers: In order to use our service to sell Programs to consumers, a Producer must create an account with APERTURE (a “Producer account”). Where the context permits, references to “you” in this Privacy Policy shall include Producers. By creating a Producer account, (i) you consent to the collection, use, and disclosure of your information as set forth in this Privacy Policy; and (ii) you agree to comply with our Acceptable Consumer Privacy Practices Policy with respect to consumer information that you receive.

PRODUCER PRIVACY PRACTICES

When you create an account with a Producer, the Producer will receive your account information, including email address, Purchase history (but not payment card information), location (as determined by IP address), and activities related to your use of the Producer’s Programs, Program Sites, and Program Apps. This information will be made available to the Producer via the APERTURE OTT Service. Producers are subject to APERTURE’s Acceptable Consumer Privacy Practices Policy. If you believe that a Producer is not complying with that policy, please notify us.

ACCOUNT SECURITY

You are solely responsible for (i) maintaining the security of your account(s) and (ii) all activity that occurs under your account(s). You must notify us immediately if you suspect any unauthorized access to or use of your account(s). If you forget your account login information, you may request that we send it to the email address associated with your account(s).

INFORMATION THAT WE COLLECT

APERTURE, and vendors acting on APERTURE’s behalf, may collect information from and about you as follows:

Account-related Information: To create an account, you must provide certain information, including your email address and a password. We may allow you to submit additional information including an avatar. You may provide other information about yourself in connection with surveys, contests, special offers, customer support inquiries, and other communications with us.

Program Usage Information: We collect information about your use of the APERTURE OTT Service, including your accessing, viewing, and downloading of Programs.

Payment Information: If you purchase a Program or a subscription to a Program channel (each such transaction, a “Purchase”), you must provide valid payment card information. This information is collected directly by our payment vendors and is not received or stored by APERTURE or any Producer.

Information Collected Automatically: We collect information about your use of our websites and applications. This may include your activities, your IP address, your browser type, your Internet service provider (ISP), referring/exit pages, your operating system or device type, date/time stamps, and related metadata.

Producer Information: If you create a Producer account, (i) you may need to provide certain tax and financial information in order to receive payments and/or make payments; and (ii) you agree that your Program Sites and Program Apps will be publicly available and that the Programs you sell will be available for purchase by consumers.

TRACKING TECHNOLOGIES AND THIRD PARTY DATA COLLECTION

Tracking Technologies: We use standard tracking technologies such as pixels and cookies to track user activities on our websites and applications. For more information about cookies, please see our Cookie Policy.

Third Party Platforms: When you use an application that runs on a third party platform (e.g., iOS, Roku, etc.), the provider of that third party platform may collect information about you and your use of our application.

Analytics and Advertising: We may use third party analytics services to collect data about usage of our services. We may allow third party advertising companies (including advertising agencies, networks, and delivery vendors) to collect data regarding advertisements that they may place on our websites. Third party analytics providers and advertising companies may use cookies to track your activities. Some advertising companies may be members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies.

HOW WE USE YOUR INFORMATION

APERTURE may use the information that we collect about you to:

• Fulfill your orders and deliver Programs and other services to you;
• Provide customer support to you;
• Analyze how our services are being used;
• Communicate with you;
• Verify your eligibility to make purchases and participate in offers;
• Collect any debts, prevent fraud, and otherwise protect the integrity of our systems;
• Enforce our legal rights;
• Perform any functions described at the time of collection; and
• Otherwise operate our business

DISCLOSURES TO THIRD PARTIES

APERTURE may disclose information about you as follows:

Authorized Service Providers: We may disclose your information to service providers involved in operating our business. This includes payment providers, email service providers, content delivery networks, cloud storage providers, analytics companies, and professionals such as accountants and lawyers.

Legal Situations: We may disclose your information when we believe in good faith that (i) disclosure is required by a search warrant, subpoena (whether criminal or civil), civil investigative demand, court order, or a request for cooperation from a law enforcement or other government agency; (ii) disclosure is appropriate and necessary to report a suspected crime (including any case of suspected child exploitation) or prevent physical harm to an individual or property; (iii) disclosure is appropriate and necessary to enforce our rights; and (iv) disclosure is required by law. Nothing in this Privacy Policy shall be deemed to create any third party right, and we reserve the right to object to any third party requests for information in appropriate circumstances.

Affiliates and Corporate Transactions: We may disclose your information to our parent companies in connection with operating our business. In the event APERTURE or its parent companies are involved in a business transition that involves the sale, merger, or divestment of APERTURE or its parent companies, we may disclose any information about you to the acquiring entities. The transferred information will remain subject to the provisions of this Privacy Policy, as updated.

To the Public: We may publicly disclose aggregated user statistics and other information. If you create a Producer account and sell a Program, APERTURE may publicly disclose the fact that you are a content seller that uses the APERTURE OTT Service.

EMAILS

When you create an account, you may receive certain emails:

Transaction emails: When you first register with APERTURE, we may send you a welcome email that provides information about the APERTURE OTT Service and your account. If you make a Purchase, we may send you an email confirming your Purchase. We may also, from time to time, send you other emails concerning your account status. You may not opt-out of receiving transactional emails.

Newsletters: We may send you newsletters and other emails about new or upcoming APERTURE products, services, or offers. If you decide you no longer wish to receive these emails, you may opt-out as instructed in each email or in your account settings.

Emails from Producers: When you Purchase a subscription, you agree to receive emails from the Producer.

• Producers may, via the APERTURE OTT Service, send emails concerning the availability of new Programs in a subscription that you have purchased. If you decide you no longer wish to receive these emails, you may opt-out as instructed in each email or in your account settings.
• Some Producers may email you directly (i.e., through non-APERTURE systems). APERTURE does not control these emails and opting out of APERTURE-sent emails will not cause an opt-out with respect to these emails. To opt out of emails sent directly by Producers, please follow the opt-out instructions set forth in the Producers’ emails.

SECURITY MEASURES

We use security measures to protect the loss, misuse, and unauthorized alteration of the information under our control. Please be advised, however, that we cannot guarantee that our security measures will prevent disruptions or unauthorized access from occurring.

YOUR PRIVACY CHOICES

You may choose not to provide us with certain information. If you fail to provide us with certain information, you might not be able to use certain services that we offer.

You may change your account information or close your account(s) at any time by logging into your account and selecting account settings. If you close an account, you may lose access to Programs that you have purchased. We may preserve your account information (i) for a period of time in case of accidental deletion or in case you change your mind; and (ii) where we believe in good faith that preservation is required by law or necessary to enforce our rights.

USING OUR SERVICES FROM OUTSIDE OF THE UNITED STATES

This Privacy Policy is intended to cover collection of information on or via our service from residents of the United States. If you are using our services from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data privacy and protection laws of the United States might not be as comprehensive as those in your country. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy.

CHILDREN’S PRIVACY

Consumers: In order to create a consumer account with APERTURE or any Producer, an individual must be at least 13 years of age. Children older than 13 but younger than 18 must have the consent of the child’s parent or guardian to use the APERTURE OTT Service.

Producers: In order to create a Producer account, an individual must be at least 18 years old or the age of majority in their jurisdiction, whichever is greater.

THIRD PARTY SERVICES

We or a Producer may provide links to third party websites and applications. We have no control over such services and therefore refer you to their privacy policies for information on their respective privacy practices.

DATA TRANSFER

APERTURE is headquartered in the United States and uses computer systems, servers, and databases located in the U.S. If you reside outside the U.S., your data will be transferred to, stored in, and processed in the U.S. To facilitate the transfer of data from certain countries in Europe to the U.S., we adhere to the self-regulatory regulatory EU-US and Swiss-US Privacy Shield frameworks and comply with the EU General Data Protection Regulation (GDPR). Please read our Data Transfer Statement for more information about these frameworks and laws, your rights, and how you may resolve complaints with us.

UPDATES

We may update this Privacy Policy from time to time by posting an updated Privacy Policy on the Vimeo website. Your continued use of our services constitutes your agreement to the updated Privacy Policy on a prospective basis.

CONTACT US

If you have any questions or concerns about this Privacy Policy, please contact us at:

APERTURE, Inc.

1371 W. 1250 S.

Orem, UT 84085

Attn: Data Protection Officer

info@aperturetv.com