XITE for Business

XITE Privacy Statement - September 2018

Welcome to our privacy statement and thank you for watching XITE. In the following, we will provide a detailed explanation of how we process your personal data and what your rights are. We realize that reading this is not as exciting as watching music videos on XITE, but it is good for you to know how we handle your data.

1. Introduction

All the data we collect are primarily used to improve your music video viewing and listening experience on XITE. XITE offers a range of products that are related to watching music videos and everything that goes with it. Our services include the following:

XITE TV. 24/7 music videos on TV;

XITE Personalised Music TV. A personal music video streaming service that gives you access to the largest music video catalog of over hundred thousand music videos;

XITE websites (including www.xite.com). On the XITE website, you will find lots of cool background information about your favorite XITE shows and artists;

XITE social media accounts on YouTube, Facebook, Instagram, and Twitter;

XITE events; and the

XITE newsletter.

The above services are jointly referred to as the "XITE Services."

There are roughly two categories of data that we collect: 1) data we need to enable you to use XITE; and 2) data we can use to offer additional features and an improved experience when you opt to share this data.

The first category includes the following data:

Registration details, which include your name, date of birth, email address, gender, and other details you provide when creating an XITE account.

Broad non-specific location information, based on your IP address. Our permissions to show you music videos and other content are location-based, so we need to know what country you are in when you access our services. This also enables us to make suggestions based on your general location, such as suggestions for certain XITE Personalised Music TV channels, as well as for festivals, gigs, or performances.

The music videos you watch and your interactions with XITE Personalised Music TV. This enables us to personalize your experience, make recommendations, and suggest content that may be relevant to you.

Technical and sensor information that is needed to use XITE. This includes the kind of browser and device (set-top box, TV, smartphone) you use, the technical details of your touchscreen, and information on the accelerometer and gyroscope sensors in your device or remote control. These are technical details that are needed for the technical delivery of our XITE Services, while it also allows you to use the controls on XITE and us to perform certain simple operations, such as rotating videos and recommending music based on whether you are sitting still or walking.

The second category includes data that enables us to offer you extra features. We can only collect this data if you explicitly opt to share it with us. It’s that simple. Here are a few examples:

Your specific location: we will never collect or use the specific location of your mobile device without explicitly asking for your consent first. This kind of location information allows us to create collaborative viewing experiences (albeit only with others who have also consented to sharing their location), and make even better recommendations for popular music, live gigs, and concerts where you live.

Your photos: we will only open pictures that you specifically select. This enables you to select individual photos to use as your profile pic or to create cover art for a playlist. You can stop sharing photos whenever you want by withdrawing your consent. We will never scan or import your pictures library or camera roll.

Your contacts: we will only scan or import your contacts on your request. If you consent to it, we will use your contact details to help you find friends or contacts who are also using XITE, and we will not use them for any other purpose.

Your microphone: we will never open your mic or use it, unless you explicitly consent to it. Activating your mic can enable you to control XITE using your voice. You can always turn off access to your mic. We will only use this option to enable voice-controlled use of XITE, not for any other purpose. We will, for example, never listen in on you or record audio using your microphone (or do other scary stuff!).

It is important to be clear on the difference between these two categories. The data in the first category is data that is needed to enable you to use XITE. If you accept our Privacy Statement, you are authorizing us to collect this data and use it for the purposes specified above. The data in the second category is data that we will only ever collect if in the future you explicitly give us your consent to do so. For this second category of data, we will always first ask you for your consent and explain why we are asking for your consent. This data will only be used for the purposes described. You are free to change your mind and withdraw your consent at any time. Accepting our Privacy Policy does not mean that you automatically also consent to us collecting or using data from the second category. We are only taking this opportunity to explain that when you use XITE, we may at some point ask you for consent to collect this data.

We will always be clear about how and when we share data. As part of our provision of the XITE Services, we share your data with third parties. This happens when, for example, you log on through a third party, such as your cable TV provider or mobile operator. We will then share certain data with them and they will share certain data with us to activate your account. In the U.S., for example, we share data with Comcast and Roku. We also share non-identifiable data with our partners in the music industry to help them analyze the performance of the content they have licensed to us. Aside from that, we share data (such as your hashed IP address, hashed device ID, age, and music profile) with marketing partners that help us in our promotional campaigns and with advertisers that make it possible for us to offer the XITE service free of charge. There may also be cases where you want us to share information, such as when you make a playlist and want to share it with friends. You can also ask us to share information (such as your email address) with artists, record companies, or other partners who may send you news updates or promotional material. Again, you can withdraw your consent at any time.

Your personal data will be stored in XITE’s customer database. The administrator for this database is XITE Networks USA inc, which has its registered office at 185 Whyte Avenue, 2nd floor, New York, Brooklyn, NY 11249, United States of America.

We appreciate it that you have read this introduction and hope it helps you understand our data protection obligations toward you. We will specify our privacy policy in greater detail below, but this introduction is also part of the privacy statement itself - it is our promise to you. If you ever have a question, want access to your personal data, or just want to chat about privacy and data protection, please drop us an email on [email protected]

2. Primary points you are consenting to

By using the XITE Services, you are giving your consent for:

the use of cookies and other technologies;

the transfer of your data to the cloud. The clouds used for this purpose are primarily European and American ones, data is not stored outside the USA or the EU;

the collecting, using, sharing and otherwise processing of your data, including for advertising-related purposes (as specified below in this privacy statement); and

When you consent to entering into an agreement with XITE, you are consenting to the processing of your data by the entities listed in this privacy statement, including the XITE entity (collectively referred to as "XITE," "we," "us," "our"). In the "your preferences" section, we will describe the relevant settings for your XITE user account. You will not be able to use the XITE Services if you do not give your consent. The XITE Services will be terminated if you withdraw your consent.

3. The data we collect

We may collect and store the following of your data:

3.1 Registration details

When you sign up for the XITE Services, we may ask you for information such as your username, password, email address, date of birth, gender, social media handle, country of residence. When you are accessing the XITE Service through a third-party application (such as Roku or Amazon Fire) and therefore using the login details for this third-party application (as defined in the Terms and Conditions of Use), you are authorizing us to collect your authentication details, such as your username and encoded login details. We may also collect other information that is available on or through your account at the third-party application in question (such as Facebook), including details such as your name, profile pic, country, town/city where you live, email address, date of birth, gender, musical preferences, names and profile pics of friends, and networks.

3.2 Use, login details, and cookies

When you use the XITE Services, we may use a wide range of different technologies to collect data about how you access and use the XITE Services. This may include the following data:

details of searches you run and the times and dates of your searches;

use of XITE Services, such as which music videos you "skip," "like," look for, and watch through to the end;

technical data, such as any URL data, cookie data, your IP address, the kinds of devices you use to access and use the XITE Services, unique device ID, device features, type of TV, type of set-top box, type of network connection (such as Wi-Fi, 3G, LTE) and provider, network and device performance, browser type, language, data enabling digital rights management, operating system, and version of the XITE Services;

motion-generated or orientation-generated mobile sensor data (such as Accelerometer or gyroscope);

when you log in, data about the kind of subscription you have and your interactions with the XITE Services, such as interaction with music videos, playlists, other audiovisual content, other XITE users, third-party applications, and advertising, products and services offered, which are linked to or made available on or collected through the XITE Services.

3.3 Your mobile device

To maximize your XITE experience (as specified in the description of the second category of data in the introduction to this privacy statement), we deliver features that are dependent on the use of extra data on your mobile device or for which access to certain services on your mobile device is needed to be able to deliver the features. We may, for example, ask you for consent to upload photos for your profile, to connect you with your friends, or allow you to use voice commands to control XITE. By giving us such access, you are not giving us unlimited access to this kind of information, nor does it mean that we will access specific information without your consent. On the contrary, for any kind of information that is specified in this section, we will ask you for consent. If you give us such consent, we will only collect data for certain purposes as specified in the request for consent.

If you do not want to give us consent for these additional features of XITE Personalised Music TV, you can still continue to use XITE Personalised Music TV as normal without these features, and accepting this Privacy Policy does not automatically constitute consent to us accessing the data described in this section.

  Specifically:

Photos and camera: your photos or camera will not be accessed without your explicit prior consent. We will never scan or import your picture library or camera roll. If you consent to us accessing photos or your camera, we will only use images that you explicitly want to share with us.

Location: we will not collect or use specific location data relating to your mobile device (by using functions such as GPS or Bluetooth) without requesting your explicit consent first. If you decide to share location data, please know that you can stop sharing your location at any time. Do bear in mind, however, that this does not apply to your IP address. We will always continue to use your IP address (as specified above in Section 3.2) to determine, for example, in which country you are and whether you comply with our license agreements.

Voice control: we will not have access to your microphone before you have explicitly given us consent for it. You can always disable your microphone. We will ask you for consent to access your mic when you want to operate XITE using voice commands.

3.4 Events, competitions, and surveys

From time to time, we may offer you the chance, through the XITE Services, to take part in or take advantage of promotions such as events, competitions, special offers, and/or surveys (‘special promotions’). A special promotion may be subject to a separate privacy statement and/or terms and conditions on top of this privacy statement and the Terms and Conditions of Use. In the event that provisions of the privacy statement for the special promotion or the terms and conditions are inconsistent with this privacy statement or the Terms and Conditions of Use, the additional or separate provisions will prevail. If you decide to take up a special promotion, we may ask you for certain data on top of the data specified in this privacy statement, which may include personal data. Such additional data may be combined with other account information, and used and shared as set out in this privacy statement.

3.5 XITE service providers and partners

We may also receive data about you from our service providers and video platforms (such as Comcast, Apple, Roku) that we use to personalize your XITE Services user experience, to measure the quality of advertising and replies to advertising, and to show you advertising that is likely to be more relevant to you. We may also use this data as specified below in the "How we use the data we collect" section.

4. How we use the data we collect

In accordance with the consent you have given us to collect your data, we may use the data we collect, including your personal data:

to deliver, personalize, and improve your experience as a user of the XITE services and advertising (including for third-party products and services) provided on or through the XITE Services (including on other websites you visit), including for the delivery of customized, personalized, or localized content, music videos, recommendations, features, and advertising on or outside the XITE Services;

to guarantee the technical functionality of the service, develop new products and services, and to analyze your use of the service, including your interaction with applications, advertising, products and services made available by, linked to on, or offered through the service;

to communicate with you for purposes relating to the XITE Services, including by email, notifications, text messages, or other messages, to which you have consented;

to communicate with you for marketing and promotions by email, notifications, or other messages, in accordance with the consent you have given us;

to enable and promote the service and other services or products, within or outside the actual service, including features and contents of the service and products and services made available through the service;

to enforce this privacy statement, the Terms and Conditions of Use, and any other terms and conditions you have accepted, including to protect the rights, property, or security of XITE, its users, or any other person or copyrighted content on the service;

to deliver music videos, features, information, advertising or other content to you that is based on your location and your location with respect to other XITE users, and

as otherwise specified in this privacy statement.

Want to work at XITE? If so, we may use your contact details and résumé to invite you to an introductory meeting as a potential future co-worker. Our processing of the data of our (former) members of staff is set out in a separate internal privacy policy.

5. Data sharing

This section will describe how we may share your data, which we have collected through the XITE Services, with third parties.

5.1 Sharing by XITE

5.1.1 Marketing and advertising

We may share data with advertising partners to send you promotional messages about XITE or show you more customized content, including relevant advertising for products and services that may be interesting to you, and to understand how users respond to advertising. The data we share has been pseudonymized (for example, through the use of hashing).

Refer to the "Information on cookies, other technologies, and data collection by third parties" section below for information about the cookies and other technologies we and third parties use to deliver more relevant advertising to you.

5.1.2 Service providers and others

From time to time, we may share your data with services providers to facilitate delivery of our services, while always complying with this privacy statement. We work together with service providers that, for example, host, distribute, and run the XITE Personalised Music TV application, and we work with third parties that make analyses to help us better understand how our services are used. When a third party processes user data on our behalf (such as a hosting service provider), we will always first enter into an agreement with such third parties that complies with this privacy statement and privacy legislation to ensure adequate protection of your personal data. When a third party processes personal data in their own name, this party will also be bound by the privacy legislation.

5.1.3 Rights holders

The XITE Services give you access to fully licensed music videos. XITE shares data (such as the number of persons, age bracket, and which artist) with the rights holders in conformity with the provisions agreed in the licenses. The data that XITE shares has been pseudonymized and cannot be directly traced back to specific persons, unless you consent to sharing your personal data.

5.1.4 XITE distribution partners

If you access XITE Personalised Music TV through a third party, such as a TV provider (for example, Comcast or Roku), we may also share data concerning your use of the XITE Services with this third party. This concerns data such as how much of the total XITE offering you use, whether you have created a XITE account, and whether you are an active user of the service.

5.1.5 Other forms of sharing

Aside from the above, we may also share your data with third parties for the following restricted purposes:

to enable a merger, takeover, or sale of part of or all our assets;

to respond to a legal procedure (such as a court order or subpoena), provided we believe in good faith that this is necessary;

to comply with applicable mandatory law;

to deal with fraud, security problems, or technical issues;

for statistical analysis and academic research by academic researchers, albeit only in anonymized form;

to issue anonymized or aggregated information about the use of the XITE Services; and

to allow XITE group companies to use your data, as specified in this privacy statement.

6. Transfer of data to third countries

XITE transfers data about our users to several countries, processing this data there and storing this data on servers in these countries. This allows XITE to share your data with other XITE group companies for the purposes specified in this privacy statement. XITE may also outsource the processing of your data to, or share your data with, third parties in countries other than your country of residence. Your personal data may therefore be governed by privacy and data protection legislation that differs from the legislation in your country of residence. Data collected in the European Economic Area (EEA) may, for example, be transferred to and processed by the third parties identified above, that are based in a non-EEA country. However, XITE will always abide by minimum standards that apply under Dutch and European law (including the European Union’s General Data Protection Regulation (GDPR)) and, where necessary, enter into a data processing agreement with these third parties to ensure adequate protection of your data.

7. Links

We may display third-party advertising and content that links to third-party websites. We are unable to verify the privacy practices and content of such third parties and can therefore not be held liable for such practices and content. Please read these third parties’ privacy statements and policies to find out how they collect and process your personal data.

8. Security

We aim to protect our users’ data. To do so, we use methods such as hashing to pseudonymize your data. Your user account is password-protected, so make sure you use a unique and strong password, control access to your computer and browser, and log off after using the XITE Services. Although we take all the necessary data protection precautions, there are no security measures that are 100% safe, and we therefore give no guarantees as to the protection of user data.

9. Minors

You must be at least 16 years old to be allowed to create a user account on XITE. Persons aged under 16 can only create a XITE user account with the approval of a parent or guardian.

If you are under 16 and you do not have the consent of a parent or guardian to use XITE, you will not be allowed to use the XITE Services and share any personal data with us. If you are the parent of a child below the minimum user age and you have found out that your child has provided personal data to XITE, please get in touch with us on [email protected], so that we can erase the data.

10. Your rights

You can always ask XITE for access to the personal data we have on file regarding you. You can also ask XITE to rectify, complete, or erase your personal data if it is incorrect, incomplete or irrelevant, or has otherwise been processed in a way that is in breach of privacy legislation or another legal provision. Personal data can in most cases only be erased if we do not need the data in question (anymore) for the correct processing and services.

You have the right to ask us to stop processing your outdated or incorrect personal data and to not use your personal data for marketing purposes. You can furthermore ask us to restrict the processing of your personal data or lodge an objection when you do not agree with the processing operations.

On top of that, you have the right, in some cases, to request a print-out of all your personal data that we have on record, with a view to transferring this data to another music video service. This is sometimes referred to as the right to data portability.

With your consent, XITE collects data about which music videos you have viewed, which music videos you have liked, and which music videos you have skipped to personalize your experience, make recommendations, and suggest relevant content. This is an automated process that is also referred to as profiling.

If you have any questions about your rights or if you want to exercise any of the rights specified above, please send an email to [email protected] or send us a letter using the contact details below.

Aside from that, there is also the option of lodging a complaint with the Dutch Data Protection Authority. For details, go to https://autoriteitpersoonsgegevens.nl/en.

11. Changes to the privacy statement

This privacy statement is subject to change. Check the top of the page to see when the privacy statement was last changed. If we intend to make significant changes to how we process personal data, such as if we were to want to start collecting new kinds of personal data or use data for new purposes, we will first notify you. If necessary, we will then also ask for separate consent for the changes.

12. Sub-processors

For the processing of personal data as described in our Privacy Statement XITE uses the following third party sub-processors through our third party advertising partners (amongst others: SpotX & Google):

SpotX:

Demand Side Platforms

4-info

Active Agent

Acuity

Addictive Mobility

Adelphic

Adgear

Adobe

AdTheorent

Adscience

Appier

Beeswax

Bidswitch

Bidtheatre

BrightRoll DSP by Yahoo

Centro

DataXu

Delta Projects

Drawbridge

Dynadmic

Electric Ads

Emerse

Eq Works

EyeReturn

Eyeview

Go2Mobi

GumGum

iotec

LoopMe

MaxPoint

Mobpro

OpenX

Project Summer

PulsePoint

Simpli.fi

Sizmek

Smadex

smartclip

Somo Audience Corp

Splicky

SundaySky

Tabmo Hawk DSP

Tremor / VideoHub

Tru Optik

VideoHub

VideoAmp

Videology

ViralGains

Visible Measures

YuMe DSP

ZypMedia

Data Management Platforms

Lotame

Krux

LiveRamp

Roku

Microsoft

Google

Nielsen/Exelate

TruOptik

Neustar

Adobe

Nugg.ad

BlueKai

Other Sub-processors

ComScore

Moat

DoubleVerify

WhiteOp

Google:

ADARA MEDIA UNLIMITED

Adform A/S

AdGear

AdLedge

Adloox SA

Admetrics GmbH

Adobe Advertising Cloud

Adtelligent Inc.

AdTriba

ADventori SAS

Akamai

Amazon

Amobee, Inc.

AppNexus Inc.

Arrivalist Co.

Audience2Media

AudienceProject Aps

Betgenius Oracle

Bilendi

Brainworkz

Broadband Enterprises

Celtra, Inc.

Cint

Commanders Act

ComScore, Inc.

Conversant Europe Ltd.

Crimtan Holdings Limited

Datafy

Dataxu, Inc.

DoubleVerify Inc.

eBay

emetriq GmbH

Ensighten

Eulerian Technologies

Exactag GmbH

Extreme Reach

Facebook

Flashtalking, Inc.

FlxOne

Free Stream Media Corp. dba Samba TV

Gemius SA

GfK

GlobalWebIndex

Google

GP One

GroupM

Gskinner

hbfsTech

Hottraffic BV (DMA Institute)

IBM

Innovid Inc.

Integral Ad Science, Inc.

Jivox Corp

LiveRamp, Inc.

Lotame Solutions, Inc.

Lucid

Macromill group

MediaMath, Inc.

Meetrics GmbH

MSI-ACI

Nano Interactive GmbH

Neodata Group srl

Netquest

NEURAL.ONE

Neustar

Nielsen Marketing Cloud

Nordic Factory Solutions AB

nugg.ad

numberly

Oath (EMEA) Limited

Oracle

Pplaced

Publicis Media GmbH

Rakuten Marketing LLC

Relay42

RichMedia Studio

Salesforce DMP

Semasio GmbH

Signal Digital Inc.

Sizmek Technologies Inc.

Smart Adserver

Sojern, Inc.

SpotX

StickyADS.tv

TagMan

Tapad, Inc.

Teads

The ADEX GmbH

The Kantar Group Limited

The Rubicon Project, Limited

The Trade Desk, Inc and affiliated companies

Tradelab, SAS

TradeTracker

Travel audience GmbH

Trend Research

TVadSync

Undertone

Unitymedia

Unruly Group Ltd.

Videology Ltd.

Videoplaza

Virtual Minds

Way2Traffic

Weborama

White Ops, Inc.

Contact

If you have any questions about this privacy statement, or about our processing of your personal data or use of cookies or similar technologies, please get in touch with us by email on [email protected] or write us on the address below, attn. "Privacy Department".

XITE

The name XITE is a trade name of XITE Networks IP BV.

XITE Networks USA inc

109 S 5th St, 4th floor

Brooklyn, NY 11249

United States of America

XITE Networks Netherlands BV

Spijkerkade 28

1021 JS Amsterdam

The Netherlands 

Chamber of Commerce reg. no. 64027872