This Privacy & Cookies Statement ("Privacy Statement") describes how ActiveVideo, Inc. California, located at 333 W. San Carlos Street, Suite 900 San Jose, CA 95110, USA (the "Company" or “ActiveVideo") collects, uses, shares, and otherwise processes individually identifiable data about visitors to this Site (defined below) as well as contact persons of our customers, prospects, sales representatives, and end users ("Personal Data"). This Privacy Statement applies to Personal Data that we collect through our public website (the "Site"), as well as offline through contact forms or other communications with ActiveVideo personnel.
We collect the following categories of Personal Data:Basic Data: Name, title, company, job responsibilities, phone number, mailing address, email address, and contact details.Registration Data: Newsletter requests, subscriptions, downloads, and username/passwords.Device Data: Computer Internet Protocol (IP) address, unique device identifier (UDID), cookies and other data linked to a device, and data about usage of our Site and communications (Usage Data). Note, however, we do not consider Device Data to be Personal Data except where we link it to you as an individual or where applicable law requires.Marketing Data: Data about individual participation in trade shows and conferences, credentials, associations, services or products you are interested in, and other preferences.
We use the above categories of Personal Data for the following purposes:Provide the products and services you requested, respond to your inquiries, and allow ActiveVideo to contact you: Basic Data, Registration Data, and Device DataMake our Site more personal, intuitive and easy to use: Device DataProtect the security and effective functioning of our Site and information technology systems: Basic Data, Registration Data, and Device DataProvide relevant marketing about our products and services that we are developing, and opportunities that may be available to you: Basic Data, Registration Data, Device Data, and Marketing DataAddress our compliance and legal obligations and exercise our legal rights: Basic Data, Registration Data, and Device Data
We share Personal Data with the following categories of recipients:Service providers: We share Personal Data with service providers to enable such parties to perform functions on our behalf and under our instructions in order to carry out the purposes identified above, such as marketing and web hosting. We require service providers to provide reasonable security for Personal Data and to use and process such Personal Data only on our behalf.Auditors and advisors: We share Personal Data with auditors for the performance of audit functions and advisors for the provision of legal and other advice.Business reorganization: We share Personal Data with any corporate purchaser or prospect to the extent permitted by law as part of any merger, acquisition, sale of company assets, or transition of service to another provider, as well as in the event of insolvency, bankruptcy, or receivership in which Personal Data would be transferred as an asset of ActiveVideo.Mandatory disclosures and legal rights: We share Personal Data in order to comply with any subpoena, court order or other legal process, or other governmental request. We also share Personal Data to establish or protect our legal rights, property, or safety, or the rights, property, or safety of others, or to defend against legal claims.If you have questions about the parties with which we share Personal Data, please contact us as specified below.
You have control regarding our use of your Personal Data for directing marketing. If you no longer wish to receive any marketing communications, remain on a mailing list to which you previously subscribed, or receive any other marketing communication, you can choose to not receive such communications at any time. Please follow the unsubscribe link in the relevant communication, or contact us as detailed below.
Where required by applicable law, you have the right to obtain confirmation that we maintain certain Personal Data relating to you, to verify its content, origin, and accuracy, as well as the right to access, review, port, delete, or to block or withdraw consent to the processing of certain Personal Data (without affecting the lawfulness of processing based on consent before its withdrawal), by contacting us at email@example.com. In particular, you have the right to object to our use of Personal Data for direct marketing and in certain other situations at any time. Please note that we need to retain certain Personal Data as required or permitted by applicable law.
We maintain technical and organizational measures to protect Personal Data from loss, misuse, alteration, or unintentional destruction. However, no security measure can guarantee against compromise.
We transfer Personal Data to various jurisdictions as necessary for the purposes described above, including to jurisdictions that may not provide the same level of data protection as your home country. We provide appropriate protections for cross-border transfers as required by law for international data transfers. With respect to transfers originating from the European Economic Area ("EEA"), we implement standard contractual clauses approved by the European Commission, and other appropriate solutions to address cross-border transfers as required by applicable law.
(i) What is the legal basis of processing?Some jurisdictions require an explanation of the legal basis for the collection and processing of Personal Data. We have several different legal grounds on which we collect and process Personal Data, including: (a) as necessary to perform a transaction (such as in order to provide the products and services you requested); (b) as necessary to comply with a legal obligation (such as when we use Personal Data for record keeping to substantiate tax liability); (c) consent (where you have provided consent as appropriate under applicable law, such as for marketing or certain cookies); and (d) necessary for legitimate interests (such as when we act to maintain our business generally, including maintaining the safety and security of the Site). With respect to legitimate interests, given that we are a B2B company, we typically collect and process limited Personal Data about customer contacts and other individuals acting in their business capacities, as part of our overall effort to reduce the privacy impact on individuals.(ii) What are the consequences of not providing Personal Data?You are not required to provide all Personal Data identified in this Privacy Statement to use our Site or to interact with us offline, but certain functionality will not be available if you do not provide certain Personal Data. If you do not provide certain Personal Data, we may not be able to respond to your request, perform a transaction with you, or provide you with marketing that we believe you would find valuable.(iii) Do we engage in automated decision-making without human intervention?We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or otherwise significantly affects you.(iv) Does the Site honor do not track ("DNT") signals sent via browsers?Given the divergent practices of organizations that offer browsers and the lack of a standard in the marketplace, we do not respond to DNT signals at this time.(v) How long do we retain Personal Data?We typically retain Personal Data related to marketing activities for as long as you accept marketing communications from us, and upon request we will securely delete such data in accordance with applicable law. For Personal Data that we collect and process for other purposes described above, we typically retain such Personal Data for no longer than for the period necessary to fulfill the purposes outlined in this Privacy Statement and as otherwise needed to address tax, corporate, compliance, litigation, and other legal rights and obligations.(vi) Are third-party websites governed by this Privacy Statement?This Site contains links and references to other websites administered by unaffiliated third parties. This Privacy Statement does not apply to such third party websites. When you click a link to visit a third party websites, you will be subject to that website's privacy practices. We encourage you to familiarize yourself with the privacy and security practices of the linked third party websites before providing any Personal Data on that website.(vii) How does ActiveVideo handle employee and contractor privacy issues?Personal Data about our employees, contractors, and other ActiveVideo temporary workers are addressed through internal company policies and procedures, and are outside the scope of this Privacy Statement.(viii) How will we handle any changes to this Privacy Statement?We may update this Privacy Statement from time to time as our services and privacy practices change, or as required by law. The effective date of our Privacy Statement is posted above, and we encourage you to visit our Site periodically to stay informed about our privacy practices. We will post the updated version of the Privacy Statement on our Site, and ask for your consent to the changes if legally required.
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