Effective Date: 25 May, 2018
Scope of this Notice
Edisen, LLC. (“Edisen“, “we“, “us“, or “our“) recognizes the importance of privacy. We have developed various platforms, networks and services for advanced content distribution, advertisement insertion and media management (collectively, “the Platform“), which is accessible at www.edisen.com (“Site“). The Platform has been designed for use by broadcasters and/or other media and marketing professionals or companies, who would each be a “User“. In relation to the Site we act as a controller meaning that we decide how to process your data. In relation to the Platform, we also act as a controller separately to each relevant User who will also act in the capacity of a controller in relation to their processing when they use our services, however their processing is not covered by this notice (“Privacy Notice“).
If you have questions about this Privacy Notice, please contact us at:
Edisen LLC. ATTN: Legal
4660 La Jolla Village Dr, Ste 500
San Diego, CA 92122
+1 866 748 4467
When visiting the Site or using any of the services available on the Site or the Platform, your personal information will be handled as described in this Privacy Notice and is subject to our Terms of Service, including its applicable limitations on damages and disputes. This notice is not intended to override the terms of any contract that you have with us, or any relevant User or any rights you might have available under applicable data protection laws.
Personal information is collected directly by us from you on the Site and the Platform, from Users and automatically through your use of our Site and the Platform as follows:
- Information We Collect Directly – We may collect your first name, last name, company name, phone number, email address and details of your marketing preferences, if you complete our ‘contact us’ form on the Site. We also collect payment information when you subscribe to a subscription service, including credit card numbers and billing information using third party PCI-compliant service providers.
- Information We Collect from Users – We may receive your name, email address and username from a User, if you submit a message through the Platform or where you have opted in to receiving marketing from us where permissions are collected by a User.
- Information We Collect Automatically – We automatically collect data through your use of our Site using cookies and other technologies. This includes, without limitation, information about your operating system, settings and system configurations, IP address, device model, device ID and other unique device identifiers, mobile network information, the webpages you access within our Site, the website that led you to our Site, the website to which you go after leaving our Site and the dates and times you access our Site.
- Information We Collect from Public Sources – We may collect information about you that is publically available on the internet, like Google, Facebook, LinkedIn and Twitter.
Our Site includes social media features, such as the Facebook Like button and widgets, such as the ‘Share This’ button. These features may set a cookie to enable the feature to function properly, but any processing done by the third parties is not governed by this Privacy Notice but instead is governed by the privacy policies of those third-parties.
What Purpose Is Your Personal Information Used For?
Your personal information will be used for the following purposes:
- Providing Our services, through the Site, and for other customer service purposes.
- Tailoring Content, and information that we may send or display to you, and to otherwise personalize your experiences while using our Site.
- Communicating with You, including via email, about your use of our Site; to respond to your inquiries and handle your complaints.
- Marketing and Advertising, to contact you about products or information we think may interest you where we have permission, including offers via email, and for other marketing, advertising, and promotional purposes.
- Analyzing Use of Our Services, so as to better understand how visitors access and use our Site; to respond to visitor preferences; and for other research and analytical purposes.
- To Protect Rights and Interests, as well as the rights and interests of Users, visitors of our Sites, and any other person, as well as to enforce this Privacy Notice and our terms of service.
- Complying with the Law, including all applicable legal obligations, such as informal requests from law enforcement or other governmental authorities.
Legal Basis for Processing Your Information
Where you are an individual resident in the European Union, we have to establish a legal ground to use your personal information, so we will make sure that we only use your personal information for the purposes set out above on the following legal basis:
- our use of your personal information is necessary to take steps to enter into, or to manage our contract with you or your employer, in particular where you request a demo copy or agree to the terms of our customer agreement on behalf of yourself or your employer. This applies to our processing activities set out at A and C above;
- our use of your personal information is necessary to support ‘Legitimate Interests‘ that we have as a business (namely, to improve our products, to provide help or support in connection with the Site, to ensure that the Site operates efficiently and securely, to carry out analytics across our datasets), provided it is always carried out in a way that is proportionate, and that respects your privacy rights. This applies to our processing activities set out at B and E above;
- your explicit consent, this applies to our processing for marketing activities as set out at D above. PLEASE NOTE. If you provide your consent, you may withdraw it at any time. However, you should be aware that if you choose to do so we will be unable to keep you up to date with offers or promotions; and
- our use of your personal information is necessary to comply with a relevant legal or regulatory obligation that we are subject to. This applies to our processing activities set out at F and G above.
Sharing of Your Information
We share your personal information with the following entities:
- Affiliates. We disclose information to any current or future affiliates, parent companies, or subsidiaries of our group.
- Service Providers. We disclose information to vendors, service providers, agents, contractors, or others who perform service related functions on our behalf.
- Unaffiliated Third Parties. We disclose information to other unaffiliated third parties, such as our customers and partners with whom we develop applications that use our technology.
- Marketing and Advertising Agencies. We disclose aggregate and anonymous information for marketing, advertising, research, or other purposes to our advertising partners.
- Analytical Service Providers. We use Google Analytics to evaluate the use of our Site.
- Professional Services and Regulatory Bodies. We will disclose information where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or this Privacy Notice, or as evidence in litigation in which we are involved. We will also disclose information in order to comply with the law, regulation, a judicial proceeding, subpoena, court order, or other legal process.
- Other Entities in a merger or acquisition. We may disclose information to another entity if we are acquired by or merged with another company, if we sell or transfer a business unit or assets to another company, as part of a bankruptcy proceeding, or as part of any other similar business transfer.
Cookies and Other Tracking Mechanisms
International Transfers of Information
To facilitate our global operations, we transfer information collected globally for the purposes described in this policy. If your information was collected in the European Union or you are an individual resident in the European Union, we will take steps to ensure that the information receives the same level of protection as if it remained within the European Union – in particular:
- when we share information among our Affiliates or partners, we make use of standard contractual data protection clauses; and
- when we share data with other third parties, we either ensure the importer is Privacy Shield compliant, make use of the standard contractual data protection clauses or put in place other appropriate legal mechanisms to safeguard the transfer.
As an individual resident in the European Union, you have a right receive details of any safeguards that we have where your data is transferred outside the European Union, (e.g. to request a copy where the safeguard is documented, which may be redacted to ensure confidentiality).
What are your Rights?
California Privacy Rights. California residents have the right to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclose to third parties for their own direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to email@example.com.
GDPR Rights for Individuals in the European Union. Subject to certain exemptions, and dependent upon the processing activity we are undertaking, European Union individuals have certain rights in relation to personal information:
Right to access, correct, and delete your personal information: You have the right to request access to the personal information that we hold about you and: (a) the source of your personal information; (b) the purposes, legal basis and methods of processing; (c) the data controller’s identity; and (d) the entities or categories of entities to whom your personal information is transferred. You also have the right to request that we correct any inaccuracies or delete your information. We are not required to comply with your request to erase personal information if the processing of your personal information is necessary for compliance with a legal obligation or for the establishment, exercise, or defence of legal claims.
Right to restrict the processing of your personal information: You have the right to restrict the use of your personal information when (i) you contest the accuracy of the data; (ii) the use is unlawful but you do not want us to erase the data; (iii) we no longer need the personal information for the relevant purposes, but we require it for the establishment, exercise, or defense of legal claims; or (iv) you have objected to our personal information use justified on our legitimate interests verification as to whether we have a compelling interest to continue to use your data. We can continue to use your personal information following a request for restriction, where: (a) we have your consent; or (b) to establish, exercise or defend legal claims; or (c) to protect the rights of another natural or legal person.
Right to data portability: To the extent that we process your information (i) based on your consent or under a contract; and (ii) through automated means, you have the right to receive such personal information in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller.
Right to object to the processing of your personal information: You can object to any processing of your personal information which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.
Right to lodge a complaint with your local supervisory authority: You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your personal information. We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.
You also have various rights in relation to any automated decision making, however we do not carry out these activities in connection with the Site.
How to Exercise Your Rights: If you would like to exercise any of the rights described above, please send us a request to firstname.lastname@example.org. In your message, please indicate the right you would like to exercise and the information to which it relates. We will ask you for additional information to confirm your identity and for security purposes before disclosing the personal information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. We will not always be able to fully address your request, for example if it would affect the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.
We have taken reasonable steps to help protect the information we collect about you from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction, in particular, we secure the information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure using appropriate physical, technical and organizational measures. Please be aware that despite our efforts, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your account by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
Our Site may provide links to other websites. We do not control, and are not responsible for, the content or practices of these other websites. Our provision of such links does not constitute our endorsement of these other websites, their content, their owners, or their practices. This Privacy Notice does not apply to these other websites, which are subject to any privacy and other policies they may have.
Retention of Personal Information
Where we act as a controller, we keep information we collect about you for as long as reasonably necessary for the purposes described in this Privacy Notice (for example, as long as is required in order to contact you about the Site where you raise an enquiry, or as needed to comply with our legal obligations or resolve disputes). In particular, if you have elected to receive marketing communications from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our content, products, or services, such as when you last opened an email from us. Separately, we retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created. After such time, we will either delete or anonymize your information or, if this is not possible, then we will securely store your information and isolate it from any further use until deletion is possible.
Our Site is not designed for children under 16 years of age. If we discover that a child under 16 has provided us with personal information, we will promptly delete such information from our systems.
Changes to this Privacy Notice
This Privacy Notice is current as of the Effective Date set forth above. We may change this Privacy Notice from time to time, so please be sure to check back periodically. We will post any changes to this Privacy Notice on our Site. If we make any changes to this Privacy Notice that materially affect our practices with regard to the personal information we have previously collected from you, we will provide you with notice in advance of such change by highlighting the change on our Site or where the change is material, by emailing you.
Cookies are a text file, like computer memory, that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Service. There are two types of cookies: session and persistent cookies.
- Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.
- Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about Site visitor activity.
Cookies included on www.edisen.com are:
Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies will be able to browse certain areas of the Site, but some features may not function.
Do Not Track. Currently, our Site does not respond to Do Not Track signals and we may track your activities once you leave our Site. You may disable certain tracking as discussed in this section (e.g., by disabling cookies).