XITE for Business

XITE Privacy Statement – April 2022

1. Introduction

Thank you for watching XITE! In this Privacy Statement, we provide a detailed explanation of how we process your personal data and what rights you hold. We realize that reading this is not as exciting as watching music videos, but it is nevertheless good for you to know how we handle your data, so we advise you to read this Privacy Statement carefully.

2. GDPR

We process personal data in accordance with the applicable privacy legislation, including the General Data Protection Regulation (EU) 2016/679 (GDPR), and act in accordance with GDPR principles when processing your personal data. These principles include: fairness, lawfulness, transparency, explicit & lawful processing of data, data minimization, accuracy of data, storage limits, respect for individual’s rights, integrity and confidentiality.

3. Contact

If you have any questions about this Privacy Statement, about our processing activities, or the use of cookies/similar technologies, please get in touch via email at [email protected] or write us at the following address: attn. Privacy Officer', XITE Networks Netherlands B.V., Spijkerkade 28, 1021 JS Amsterdam, the Netherlands.

4. XITE Services

The data we collect is primarily used to provide you with our music video services and to improve your music video viewing and listening experience on the XITE App. We offer the following services that are related to watching music videos and personalizing your viewing and listening experience and everything that goes with it, jointly referred to as the "XITE Services."

XITE TV. 24/7 music videos on TV;

XITE App - a personal music video streaming service that gives you access to the largest music video catalog of over hundred thousand music videos;

XITE websites (e.g. xite.nl and xite.com) - on the XITE websites, you will find lots of cool background information about your favorite XITE shows and artists;

XITE social media channels - YouTube, Facebook, Instagram, LinkedIn, TikTok and Twitter;

XITE Newsletter; and

XITE Events.

5. Categories of Personal Data & Purposes of Processing

We collect and use data from subscribers, free registered members, free guests and any other users of XITE Services. We also collect and use data from visitors, users, members and registrants of the XITE websites, participants of ‘giveaways’, competitions, promotions, surveys, XITE Newsletter subscribers, event visitors and invitees, via XITE social media channels, and any other users of our XITE Services. And lastly, we collect and use data from (new) hires, our employees, suppliers, partners and service providers to which our internal privacy policy and data processing practices apply. From these data types, there are roughly three categories of personal data that we collect and use for the following purposes:

1. Personal Data needed to enable you to use the XITE Services:

Registration details: your first name, surname, date of birth, email address, gender, language, login details and other details you provide when creating an XITE account for XITE Services. We also process personal data related to the type of XITE subscription and the version of the XITE Service you use;

General non-specific location information: based on IP address. Our permissions to show music videos and other content are territory-based, so we need to know your region when accessing and using the XITE Services;

Technical information: to guarantee and improve the technical functionality of the XITE Services, to develop new services, and to analyze your use of the XITE Services, including your interaction with applications, advertising, products and services made available by, linked to, or offered through the XITE Services. This may include the type of browser, provider, network connection and device (set-top box, TV, etc.) you use, URL data, the technical details of your screen, data enabling digital rights management and your operating system. 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 the XITE Services and us to perform certain simple operations, such as rotating videos and recommending music videos based on whether you are sitting still or walking;

Email address, name and surname to communicate with you for purposes relating to the XITE Services (e.g. service mails);

Functional and analytical cookies and other similar technologies to enable, analyze and improve the functionalities of our websites to which our Cookie Statement applies;

Certain data to enforce this Privacy Statement, our Terms 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 XITE Services.;

2. Personal Data we may use to offer you additional features and an improved and personalized experience of the XITE Services:

The music videos you watch, search, skip, the time and date of watched music videos and your interactions with the XITE Services. This enables us to improve, analyze and personalize your experience, make recommendations, and suggest content that may be relevant and interesting to you;

Data collected via XITE (marketing) campaigns, such as answers to questions of competitions via our website or social media channels that we may use for giveaways, promotions and surveys. In such cases also your name and surname and email address may be collected and used by us (e.g. to choose a winner and to send you updates);

We may offer you via our websites and/or social media channels or the XITE Newsletter the opportunity to participate in promotions such as events, competitions, offers and/or surveys - ’Special Promotions’. A Special Promotion may be subject to a separate privacy statement and/or terms of use that are additional to, or separate from and will prevail over this Privacy Statement and Terms and Conditions of Use. If you participate in a Special Promotion, we may ask you for certain additional personal information in addition to that provided in this Privacy Statement. We may combine these additional personal information with other account information and may use and share it as described in this Privacy Statement;

General non-specific location information: This enables us to recommend music videos based on your general location, such as suggestions for certain XITE channels or music videos, as well as for festivals, gigs, or concerts.

Behavioral data: about how you use the XITE Services (e.g. watched, skipped, liked, searched music videos) 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;

Data collected to enable and promote the XITE Services and other services or products, within or outside the actual XITE Services, including features and content made available through the XITE Services, other audiovisual content, other XITE users, third-party applications, and advertising, products and services offered, which are linked to, made available on, or collected through the XITE Services;

We may also receive information about you from our service providers, partners and video platforms that we use to analyze and personalize your experience of the XITE Services, to measure the quality of advertising, responses to advertising, and to display advertising that is more relevant to you.;

If you accept our Privacy Statement, our Terms of Use and start using the XITE Services, you are authorizing us to collect and process the above data of the first and second category and use it for the purposes specified above.

3. Personal Data we only use when you opt-in to share this data (which consent can be turned-off or withdrawn easily at any time):

Email address or other electronic or mobile data; to communicate with you for marketing and promotional purposes relating to the XITE Services (and/or third parties), including by email, notifications, text messages, or other messages, in accordance with the consent you have given us (e.g. XITE Newsletter);

Specific location (GPS): 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 users of the XITE Services;

Commercial (third party) cookies and other technologies 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. Please read our Cookie Statement for more information.;

For the third category of data, we will always first ask for your consent and explain why we are asking for your consent for the purposes described above. You are free to change your mind and turn-off or withdraw your consent easily at any time.

New hires:

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 co-worker. Our processing of data of new hires, (former) members of staff and employees is set out in a separate internal privacy policy.

6. Grounds for Processing

We processes personal data on the basis of your consent (opt-in), to enable you to use the XITE Services (performance of our agreement with you), to execute our legal obligations and on the basis of the legitimate interests (such as for marketing activities, analyses, research and to promote and support the XITE Services and relevant services/products of service providers, partners, platforms and other relevant third parties).

Furthermore, XITE may use automated decision making, including profiling, and will ask your consent to do so. However, the use of profiling shall be limited to the XITE Services and shall at no point have any (significant or not) negative impact on any individual’s life.Each new processing activity with respect to automated profiling we conduct a data privacy impact assessment.

7. Retention Periods

We do not retain personal data for longer than necessary and do not process more personal data than needed, for the purposes which we have initially collected the data for. We apply the principle of data minimization and keep our databases clean and up to date. Please contact us if you want to learn more about the retention periods of your data.

8. Data Sharing

We will always be clear about how and when we share data. As part of our provision of the XITE Services, we may share your data with third parties. This happens when, for example, you log on through a third party platform, 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 XITE account and use the XITE Services.

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.

All third parties that we share data with are required to deliver the necessary level of security and confidentiality regarding the processing of personal data. In agreements between XITE and such third parties, the obligations and responsibilities regarding compliance with relevant privacy legislation are always laid out. For example, when a third party processes personal data on our behalf (such as a hosting service provider), we will always first enter into a data processing agreement. This means we ensure that such third parties comply with this Privacy Statement and applicable privacy legislation. This in turn ensures adequate protection of your personal data. Below you will find more information on how and why we share certain data with specific partners we work with.

Sharing by XITE

Marketing and Advertising

We may share data with marketing and advertising partners to send you promotional messages about XITE Services and relevant services and products of such third parties or to show you more customized and personalized 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 with marketing and advertising partners for these purposes and to make it technically possible to show customized and personalized content, such as hashed IP address, hashed device ID, age and music profile, are pseudonymized. 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 their practices and content. Please read these third parties’ privacy statements and policies to find out how they collect and process your personal data.

Service Providers, Partners and Platforms

We may share your data with services providers, partners and platforms to facilitate delivery of our XITE Services, while always complying with this Privacy Statement. We work together with service providers that, for example, host, distribute, and run XITE Services, and we work with third parties that make analyses to help us better understand how our XITE Services are used.

Rights Holders

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

Distribution Partners

If you access the XITE App through a third party, such as a TV provider (e.g. Ziggo, SamsungTV), it might not usually be the case, but we may also share data concerning your use of the XITE Services with this third party. This may concern data on how you use the XITE Services, whether you have created an XITE account, and whether you are an active user of the XITE Services. These distribution partners may also collect and use your personal data directly (e.g. via set-top box or IP address), for which processing XITE cannot be held liable, so we advise you to read the applicable privacy statement of such distribution partners carefully to find out how they collect and use your data.

Other forms of sharing

Aside from the above, we may also share your data with third parties 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), to comply with applicable 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.

9. Data Storage & Transfer

XITE stores your data on a server in Google Cloud. The clouds used for this purpose are primarily European ones. We may transfer your data to a cloud outside the EU (e.g. US) to allow us to share your data with other XITE group companies only for the purposes specified in this Privacy Statement. In principle we don't transfer your personal data outside the EU, but we may outsource the processing of your data to, or share your data with, third parties in - and outside the EU. Your personal data may therefore be governed by privacy and data protection legislation that differs from the legislation in the EU. We will always abide by security standards that apply under the GDPR and use appropriate safeguards, such as data processing agreements and Standard Contractual Clauses with these third parties to ensure protection of your data.

10. Security

We are very careful with your privacy and the protection of your data. We have implemented technical and organisational measures to ensure an appropriate level of data security with respect to your personal data. We strive in our services to prevent and limit as much as possible incidents and breaches with respect to your data. To do so, we use methods such as hashing to pseudonymize your data. Besides, 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.

11. 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, otherwise you will not be allowed to use the XITE Services and share any personal data with us. If you are the parent or guardian of an individual below 16 years of age and you have found out that your child has provided personal data to XITE without your approval, please get in touch with us on [email protected], so we make sure to erase the respective data.

12. Changes

This Privacy Statement is subject to change, so we advise you to check it regularly. If we intend to make significant changes to how and the purpose for which we process personal data we will first notify you. You can contact us any time for more information about our Privacy Statement and how we collect and use your data on [email protected].

13. Cookie Statement - EU

Contents

Introduction

Thank you for visiting our XITE website! In this Cookie Statement we provide a detailed explanation of how we collect, store and process cookies and similar technologies on our websites (e.g. www.xite.nl, www.xite.com, www.business.xite.com). We realize that reading this Cookie Statement is not as exciting as using our websites and services, but it is good for you to know how we handle cookies and similar technologies, so we advise you to read this Cookie Statement carefully.

GDPR

All of our users/visitors personal data (including cookies and similar technologies) is processed in accordance with the General Data Protection Regulation (EU) 2016/679 (GDPR) and other relevant and applicable legislation governing the protection of personal data. Our processing of your personal data on our websites (via cookies and similar technologies) is based on your consent and/or our legitimate interests. We make every effort to ensure the security and confidentiality of your personal data and other information processed via our websites. Our Privacy Statement applies to the processing of your personal data (including cookies and similar technologies), so we also advise you to read our Privacy Statement carefully.

Contact

If you have any questions about this Cookie Statement, or about our processing and use of cookies or similar technologies, please get in touch with us by email on [email protected] or write to us on the following address, attn. Privacy Officer, XITE Networks Netherlands B.V., Spijkerkade 28, 1021 JS Amsterdam, the Netherlands.

Cookies are small text files that are placed on your computer, tablet or mobile device by an internet page when you visit a website. A cookie contains information about the browsing history on a website, such as the server’s name that placed the cookie and a unique identification number. Cookies are placed for various purposes. For example, they can save and “remember” your actions and preferences for a certain period of time, but also help to develop and improve services by compiling visitor statistics and percentages and increase the usability of our services. With every visit to our websites, information like visited web pages and links is automatically collected.

We use cookies to enable features of our websites (necessary cookies), to remember your choices (functional cookies), to track and analyse your usage (analytical and performance cookies) and cookies that provide you with targeted (third party) content or advertising (commercial- or advertising cookies). Via these cookies, we may process e.g. the following personal data: IP address, social ID, cookie ID, time spent on each web page of our websites, browser information and website / internet usage and behaviour. We may use this information for the following purposes: to recognize your computer when you visit our websites, which makes it possible for us to measure e.g. the length of your website visit and the type of web browser that is used, to track you as you navigate our websites, and to enable the use of any e-commerce facilities, to improve our website’s usability, to analyse the use of our websites, to personalize our websites for you, including targeting advertisements which may be of particular interest to you.

We advise you to read the privacy- and cookie policies of the respective third party platforms carefully to find out how they collect and use your data, since XITE cannot be held liable for the processing activities of such platforms.

Cookie Consent

On our websites, consent can be given in the cookie banner for placing commercial (third party) cookies and your cookie settings can be managed. If you do not give consent, XITE will only place necessary, functional, performance and analytical cookies. Please note that if you disable cookies, some features of our websites may be partially or entirely unavailable and all of your saved preferences will also be deleted.

Necessary Cookies

We place cookies that are necessary for our websites to function properly. These necessary cookies enable access to certain features of our websites.

Analytical Cookies or Performance Cookies

We use analytical cookies to investigate the use of our websites and to measure visitor numbers and what content or web pages are visited or watched. For this purpose a cookie can be placed on the computer or mobile device of the website visitor. This gives us insight in how and how often our websites are used, and based on that insight, our websites can be adjusted to make sure they work in an optimal way.

Functional Cookies

We place functional cookies to help identify a user of our websites, to ensure the proper functioning of our websites and e.g. to manage the cookie consent and settings of our websites visitors, such as language preference.

Advertising Cookies

We may also place advertising or tracking cookies from amongst others e.g. the following third-party websites to get insight in the performance of e.g. social media ads (via the buttons ‘share’ or ‘interesting’) and to measure the effectiveness of ads:

com: These cookies are to measure and monitor the effectiveness of advertisements and website visits and are automatically deleted after 13 months.

net(Google): These cookies are to measure the effectiveness of an ad and check whether the browser used accepts the cookies and are automatically deleted after 2 years.

com and Google.nl (Google Analytics): This cookie is to measure and analyse (personalized) website visits and is automatically deleted after 2 years.

com (LinkedIn Analytics and LinkedIn Ads): This cookie is to recognize companies and individuals who visit the website as a result of the display of ads on LinkedIn. The IP addresses are truncated or hashed, and the direct IDs of members are removed within 7 days to make the data pseudonymous. LinkedIn does not share the personal data with the website owner, it only provides anonymous reports (about website audience and advertising performance). This cookie is automatically deleted after 180 days.

com and Facebook.com: to deliver advertising products from third party advertisers and based on which pages you visited and what choices you made; this is used to measure online marketing campaign effectiveness and performance quality in order to assess advertising effectiveness and provide ads accurate for you to cooperate advertisers, and to show you relevant advertising. This cookie is automatically deleted after 3 months.

Google Analytics

With Google Analytics, we may store the following data in cookies to measure and analyse anonymous website traffic and user actions on our websites. We use this data to analyse visitor behaviour and to improve the experience on our websites:

*IP address

*Technical characteristics such as which browser is used and the resolution of the computer screen

*From which page one comes to visit the XITE website

*When and how long the XITE website is visited or used

*Whether use is made of functionalities of the XITE website

*Which webpages of the XITE website are visited

*This cookie does not process personal data and is automatically deleted after 2 years.

Besides, Google AdWords is used as a website advertising analysis service for conversion tracking. Each time a website visitor clicks on an ad, Google AdWords places a conversion tracking cookie on the visitor’s hard disk (called a “conversion cookie”). Google AdWords provides indiscriminate information about you and your browsing habits for remarketing purposes.

Managing your cookies

In most browsers, you can check what cookies have been saved and delete individual cookies, block third-party cookies, block cookies from specific websites, block all cookies, delete all cookies by closing the browser. The easiest way to remove cookies is through the browser.

Please note that if you disable cookies, some features of our websites may be partially or entirely unavailable and all of your saved preferences will also be deleted. Besides, if you block cookies entirely, many websites (including ours) will not function properly. For these reasons, we do not recommend disabling cookies when using our websites.

Do Not Track

Do Not Track allows visitors to prevent anyone from tracking them on websites for any purpose, including analysis, advertising, and social platform needs.

Access

We only give access to our employees and staff that are responsible for analysing data and need access to certain statistical data about your visit to our websites, in order to improve our websites and your experience and usage of our websites. In addition, access to technical records may be provided to our partners that provide us with website content management tools or our hosting services.

Your Rights

At any time, you can ask XITE:

*To access and verify which personal data XITE is processing about you;

*To rectify, complete or adjust (if incorrect) your personal data XITE is processing;

*To remove and erase your personal data (‘right to be forgotten’), whereby XITE for specific (legal) purposes (e.g. tax administration) may still need to process certain personal data of which XITE will inform you;

*To object (opt-out) against certain processing of personal data (for e.g. marketing), in which case XITE will cease such processing immediately, unless urgent, specific legitimate grounds for XITE apply to continue processing of which XITE will inform you;

*To provide personal data in a commonly used and machine-readable format (‘data portability’).

Contact the Dutch Data Protection Authority (DPA)

Postal address:

Autoriteit Persoonsgegevens

PO Box 93374

2509AJ Den Haag

Telephone Telephone number: (+31)(0)70 888 85 00

Fax: (+31)(0)70 888 85 01

Visiting address (only by appointment):

Bezuidenhoutseweg 30

2594AV Den Haag

Changes

This Cookie Statement is subject to change, so we advise you to check it regularly. If we intend to make significant changes to how and the purpose for which we process personal data we will first notify you. You can contact us any time for more information about our Cookie Statement and how we collect and use your data on [email protected].