Utell.tv, LLC.Privacy Policy
Please review Utell.tv’s Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage Your personal information.
Privacy Policy
Please review Utell.tv’s Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage Your personal information.
LIMITATION OF LIABILITY.
Utell.tv AND ITS AFFILIATES, CLIENTS, VENDORS, LICENSORS, AND OTHER THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ACCURACY AND INTEGRITY OF INFORMATION.
Although Utell.tv attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Utell.tv so that it can be corrected. Information contained on the Site may be changed or updated without notice.
LINKS OR POINTERS TO OTHER SITES.
Utell.tv makes no representations whatsoever about any other Web site that You may access through this Site. When You access a non-Utell.tv site, please understand that it is independent from Utell.tv, and that Utell.tv has no control over the content on that Web site. In addition, a hyperlink to a non-Utell.tv Web site does not mean that Utell.tv endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to You to take precautions to ensure that whatever You select for Your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If You decide to access any of the third-party sites linked to this Site, You do this entirely at Your own risk.
EXPORT, IMPORT, AND OTHER REGULATIONS.
You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access the Site regarding access, use, export, re-export and/or import of any Site content. You acknowledge and agree that You will not export or import any Site content to any country to which export or import is restricted under United States law, that You are not a national of any such country, and that the Site content will not be used in the design, development or production of nuclear, chemical or biological weapons.
CHOICE OF LAW; VENUE.
These Terms and Conditions are entered into in the State of Arizona and shall be governed by and construed in accordance with the laws of the State of Arizona, exclusive of its choice of law rules. Any dispute, controversy or claim arising under, out of, in connection with or in relation to the Site or these Terms and Conditions will be resolved in Phoenix, Arizona. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
ATTORNEYS’ FEES.
Should either party hereto, or any heir, personal representative, successor or assignee of either party hereto, resort to legal proceedings in connection with these Terms and Conditions, the prevailing party shall be entitled to its costs, attorneys’ fees and litigation related expenses.
ENTIRE AGREEMENT.
These Terms and Conditions, as may be amended from time-to-time by Utell.tv, constitute the entire agreement between Utell.tv and You pertaining to the subject matter hereof. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
Utell.tv, LLC Privacy Policy.
Purpose. The purpose of this Privacy Policy is to describe how Utell.tv, LLC (“Utell.tv”) collects, uses and shares information provided by the User (“You” or “User”) about You through Utell.tv’s U.S. online interfaces (e.g., websites and mobile applications) owned and controlled by Utell.tv, including http://www.Utell.tv.com (collectively referred to herein as the “Site”). Please read this notice carefully to understand what Utell.tv does. If You do not understand any aspects of our Privacy Policy, please feel free to contact Utell.tv as described at the end of this Privacy Policy.
Utell.tv’S PRIVACY POLICY EXPLAINS:
Information Collected and Why Collected
How Utell.tv Uses and Share the Information
Access to Information and Choices
Security of Information
California Privacy Rights
European Union Users
Consent to Data Processing in United States
Dispute Resolution Policy
Changes to Privacy Policy
Questions and How to Contact Utell.tv
Scope; Third Party Sites. This Privacy Policy applies only to information Utell.tv collects on and through the Site. The Site also contains links to third party sites that are not owned or controlled by Utell.tv. Please be aware that Utell.tv is not responsible for the privacy practices of such other sites. Utell.tv encourages You to be aware when You leave our Site and to read the privacy statements of each and every website that collects personal information.
Terms of Use. Please note that Your use of our Site is also subject to our Terms of Use.
INFORMATION COLLECTED AND WHY COLLECTED
Information You Provide To Us. Types of personal information Utell.tv collects when You provide it to Utell.tv includes:
Name
Email address
Telephone number
Social media handle
Information You provide Utell.tv through User generated content (e.g., videos, photos, replies, recommendations, feedback, testimonials, questions, favorite features, feature requests, comments, social media-type postings, custom fields, etc.).
Information You provide Utell.tv through 3rd party login services.
INFORMATION COLLECTED THROUGH GOOGLE ANALYTICS.
Utell.tv uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to Your use of the Site. Google Analytics uses “cookies”, which are text files placed on Your computer, to help the website analyze how Users use the site. The information generated by the cookie about Your use of the website (including Your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating Your use of the Site, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate Your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on Your browser, however please note that if You do this You may not be able to use the full functionality of the Site. By using the Site, You consent to the processing of data about You by Google in the manner and for the purposes set out above. For more information regarding Google Analytics please visit Google’s website, and pages that describe Google Analytics, such as https://policies.google.com/technologies/partner-
sites.
INFORMATION COLLECTED THROUGH COOKIES AND SIMILAR TECHNOLOGIES.
Utell.tv and its service providers use cookies, web beacons, and other technologies to receive and store certain types of information whenever You interact with our Site through Your computer or mobile device. A cookie is a small file containing a string of characters that is sent to Your computer when You visit a website. When You visit the website again, the cookie allows that site to recognize Your browser. Cookies may store unique identifiers, User preferences and other information. You can reset Your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Site features or services may not function properly without cookies. Utell.tv uses cookies to improve the quality of our service, including for storing User preferences, tracking User trends and providing relevant advertising to You. You can learn more about online advertising cookies and Your ability to opt-out of certain online advertising cookies by visiting the following websites: http://www.aboutads.info/choices or http://www.networkadvertising.org/choices. For Your mobile device, You can understand which third parties have currently enabled cookies on Your mobile device and how to opt-out of some of those cookies by accessing the Network Advertising Initiative’s website at http://www.networkadvertising.org/mobile-choices from Your mobile device. On Your mobile device You may also select “Limit Ad Tracking” (on iOS devices) or “Opt out of Interest-Based Ads” (on Android). Even if You disable tracking, keep in mind that You may still receive interest-based advertising, including from third parties with whom Your information had been previously disclosed and that You may still receive advertising from third parties, though such advertising may not be based on Your interests and preferences.
NO INFORMATION FROM CHILDREN UNDER AGE 13.
If You are under the age of 13, please do not attempt to register with Utell.tv at this Site or provide any personal information about Yourself to Utell.tv. If Utell.tv learns that Utell.tv has collected personal information from a child under the age of 13, Utell.tv will promptly delete that information. If You believe Utell.tv has collected personal information from a child under the age of 13, please email Utell.tv at kyle@Utell.tv.com.
HOW WE USE AND SHARE YOUR INFORMATION
Utell.tv collects information from You so that You can access additional features of our Site such as:
a) Make comments and replies;
b) Submit videos, photos, and recommendations, etc. (collectively, the “Material”);
c) Submit a request;
d) Share content;
e) Invite someone to learn more;
f) agree to privacy policies and terms of agreement; and
g) For any other legitimate business purpose as required or permitted by law.
When You share Material, Utell.tv may share Your personal information and content with other third parties. Utell.tv may use Your personal information to send You information about our services and new offerings. Utell.tv may use third parties to help host our Site, send out email updates about the Site, provide marketing and advertising services for Utell.tv, remove repetitive information from our User lists, and process payments. These service providers will have access to Your personal information in order to provide these services, but when this occurs Utell.tv implements reasonable contractual and technical protections to limit their use of that information to help Utell.tv provide the service. For example, Utell.tv uses YouTube API Services. By using such services, You also agree to be bound by the YouTube Terms of Service located at https://www.Youtube.com/t/terms. YouTube is a subsidiary of Google. To learn more about YouTube’s privacy practices, please visit the Google Privacy Policy at http://www.google.com/policies/privacy.
Legal Proceedings. Utell.tv will share personal information with third party companies, organizations or individuals outside of Utell.tv if Utell.tv has a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
– Meet any applicable law, regulation, subpoena, legal process or enforceable governmental request.
– Enforce applicable Terms of Use, including investigation of potential violations.
– Detect, prevent, or otherwise address fraud, security or technical issues.
– Protect against harm to the rights, property or safety of Utell.tv, our Users, customers or the public as required or permitted by law.
Transfer in the Event of Sale or Change of Control. If the ownership of all or substantially all of the business assets or change in business operations of Utell.tv, or there is an otherwise transfer of assets relating to our business or the Site to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, Utell.tv may transfer or sell Your personal information to the new owner. In such a case, unless permitted otherwise by applicable law, Your information would remain subject to the promises made in the applicable privacy policy unless You agree differently.
ACCESS TO YOUR INFORMATION AND CHOICES
If You have questions about personal information Utell.tv has about You or need to update Your information, email Utell.tv at Kyle@Utell.tv.com. You can opt-out of receiving marketing and promotional e-mails from Utell.tv by using the opt-out or unsubscribe feature contained in the e-mails.
SECURITY OF YOUR INFORMATION
Utell.tv use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of Your personal information. However, since the Internet is not a 100% secure environment, Utell.tv cannot guarantee, ensure, or warrant the security of any information You transmit to Utell.tv. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is Your responsibility to protect the security of Your login information. Please note that e-mails and other communications You send to Utell.tv through our Site are not encrypted, and Utell.tv strongly advises You not to communicate any confidential information through these means.
CALIFORNIA PRIVACY RIGHTS
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from Utell.tv once a calendar year information about the customer information Utell.tv shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which Utell.tv shared customer information for the immediately prior calendar year (e.g. requests made in 2015 will receive information regarding 2014 sharing activities). To obtain this information, please send an email message to Kyle@Utell.tv.com with “Request for California Privacy Information” on the subject line and in the body of Your message. Utell.tv will provide the requested information to You at Your e-mail address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
EUROPEAN UNION USERS
This section of the Privacy Policy provides certain required information to persons located in the European Union (“EU”), a European Economic Area (“EAA”) member state, or Switzerland. Before Utell.tv collects any personal information, You are entitled under the EU’s General Data Protection Regulation (“GDPR”), to the information in this section of our Privacy Policy.
Legal Bases for Processing Personal Information. Utell.tv will only process Your personal information when Utell.tv has a lawful basis for doing so. Utell.tv will collect and process Your personal information as necessary for the performance of a contract to which You are a party or because Utell.tv has another legitimate interest in doing so relating to Utell.tv’s business purposes arising from Your relationship with Utell.tv. Utell.tv may also seek Your prior consent or rely on some other lawful basis to process Your personal information.
Rights of Users Located in the EU. If You use our Site and are located in the EU, EAA, or Switzerland, You are entitled by law to access, correct, amend, or delete personal information about You that Utell.tv holds. A list of these rights is below. Please note that these rights are not absolute and certain exemptions may apply to specific requests that You may submit to Utell.tv.
– The right to access. You have the right to ask Utell.tv for copies of Your personal information. When making a request, please provide an accurate description of the personal information to which You want access. Utell.tv may charge a reasonable fee based on administrative cost.
– The right to rectification. You have the right to ask Utell.tv to rectify information You think is inaccurate. You also have the right to ask Utell.tv to complete information You think is incomplete.
– The right to erasure. You have the right to ask Utell.tv to erase Your personal information in certain circumstances, including Your personal information must be erased to comply with a legal obligation under EU or member state law.
– The right to restrict processing. You have the right to ask Utell.tv to restrict the processing of Your personal information in certain circumstances, including: (i) when the accuracy of the personal information is brought into question, or (ii) when Utell.tv no longer needs the personal information for the purposes of the processing but You require such personal information for the establishment, exercise, or defense of a legal claim. The right to data portability. You have the right to ask that Utell.tv transfer the personal information You gave Utell.tv from one organization to another, or give it to You.
– The right to lodge a complaint with the supervisory authority. If You believe Your rights under the GDPR have been violated, the GDPR gives You the right to file a complaint with Your supervisory authority. A list of supervisory authorities is available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
– The right to withdraw consent. If Utell.tv obtains Your written consent to collect and process Your personal information, You can subsequently withdraw such consent as to any further processing of information by contacting Utell.tv at kyle@Utell.tv.com.
– Automated decision-making. To the extent that Utell.tv engages in decision-making based solely on automated processing, including profiling, which produces legal effects concerning You or which significantly affects You, You have the right not to be subject to such decision-making.
– Right to Object to Processing. You have the right to object to the processing of Your personal information that is based on legitimate interests. If You make such an objection, Utell.tv will cease to process the personal information unless Utell.tv can demonstrate compelling legitimate grounds for the processing which override Your interests or which override Your rights and freedoms, or Utell.tv can demonstrate the processing is for the establishment, exercise, or defense of legal claims. You can object to the processing of Your personal information by contacting Utell.tv at kyle@Utell.tv.com.
– Cross-Border Transfers of Personal Information. Personal information that You provide while in the EU, an EAA member state, or Switzerland may be transferred to the United States. The GDPR permits such transfer when necessary for the performance of a contract between You and Utell.tv, if Utell.tv obtains Your explicit consent to such transfer, or if it is Utell.tv’s legitimate interest to transfer the personal information. The laws in the United States may not be as protective of Your privacy as those in Your location. If Utell.tv transfer personal information from the EU, Utell.tv will provide an appropriate safeguard such as binding corporate rules, standard data protection clauses, Privacy Shield, or Your consent.
– Retention of Your Personal Information. Utell.tv will retain Your personal information until the personal information is no longer necessary to accomplish the purpose for which it was provided. Utell.tv may retain Your personal information for longer periods for specific purposes to the extent that Utell.tv are obliged to do so in accordance with applicable laws and regulations, to protect You, other people, and Utell.tv from fraud, abuse, an unauthorized access, as necessary to protect our legal rights, or for certain business requirements.
– Non-Discrimination. We will not discriminate against you for exercising any of your CCPA rights. For instance, we will not deny you goods or services; charge you different prices or rates for goods or services, including through granting discounts or other benefits, or impose penalties; provide you a different level or quality of goods or services; suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
– Please Contact Us if you have any further questions regarding your rights under the CCPA.
To exercise these rights please contact Utell.tv at kyle@Utell.tv.com. For Your protection, Utell.tv may need to verify Your identity before responding to Your request. In the event that Utell.tv refuse a request, Utell.tv will provide You a reason as to why.
DISPUTE RESOLUTION PROCESS
In the event that you feel the Utell.tv Privacy Policy has been violated, would like to report a vulnerability, or has a security concern regarding Utell.tv services, you may submit a request to the Utell.tv Customer Support team by e-mail at Kyle@Utell.tv.com.
Utell.tv will review the submitted request and assign it a tracking number. Utell.tv will then respond to You, acknowledging receipt of the request, and outline the next steps in the process.
To help Utell.tv more effectively respond to Your requests, please provide Utell.tv with any supporting material that would be useful in the investigation:
– A detailed description of the complaint, incident, or vulnerability
– Date and time of the occurrence
– Individuals involved in the occurrence
– Any other pertinent information
The information You share with Utell.tv as part of this process is kept confidential within Utell.tv and will not be shared with third parties without Your permission.
You have a right, under certain conditions, to invoke binding arbitration or lodge a complaint with a supervisory authority. Please note that the prevailing party will have its legal fees paid by the losing party.
CONSENT TO DATA PROCESSING IN UNITED STATES
Utell.tv’s websites, including websites directed to residents in countries and jurisdictions outside of the United States, are operated and managed on servers located and operated within the United States. By using and accessing our Sites, residents and citizens of countries and jurisdictions outside of the United States agree and consent to the transfer to and processing of personal information on servers located in the United States, and that the protection of such information may be different than required under the laws of Your residence or location.
CHANGES TO OUR PRIVACY POLICY
Our Privacy Policy may change from time to time. Utell.tv will not reduce Your rights under this Privacy Policy without Your consent in accordance with applicable law. Utell.tv will post any privacy policy changes on this page and, if the changes are significant, Utell.tv will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). Utell.tv will also keep prior versions of this Privacy Policy in an archive for Your review.
QUESTIONS AND HOW CONTACT US
If You have any questions, concerns, complaints or suggestions regarding our Privacy Policy or otherwise need to contact Utell.tv, please email Utell.tv at Kyle@Utell.tv.com.