Version 1.2. Last updated on: July 23, 2021
as well as any other related media forms, media channels, websites or other items (“Application”).
Hereinafter the User may be referred to as “You” and “Your”, the Operator may be referred to as “We”, “Our” and “Us”, and any third parties may be referred to as “They”, “Them” and “Their”.
Hereinafter the User and the Operator may be jointly referred to as the Parties.
Personal data and personal information shall mean data and information which the Operator receives from You in connection with the use of the Application and which may identify You in any manner.
Personal data processing shall mean any operation or a combination of operations carried out with respect to personal data with or without the use of automation equipment, such as collection, recording, arrangement, structuring, storage, modification and alteration, retrieval, use, disclosure by way of transfer, dissemination or otherwise making available, management or combination, restriction and deletion.
1. General Provisions
The application is designed to allow Users to make purchases of goods seen in television commercials.
IMPORTANT! The Operator is not the owner of the offered products and shall not sell such products. The Operator is not a distributor, dealer or other commercial intermediary between the User and the seller of the products offered in the Application. The main mission of the Operator is making available additional information regarding the products to the Users and granting access to the product card at a relevant online shop while viewing a commercial advertising such product.
The Operator does not enter with You into any transactions related to the purchase and sale of the products or provision of services, and shall not accept any payments for any third-party products or services purchased.
2. Consent and Acceptance
3. Making Changes
4. Data Controller
The Data Controller, i.e. the entity in charge of processing Your personal data, shall be the Operator. You can contact the Data Controller by email: email@example.com.
Please note that Our servers are located in the United States of America. If You use Our Application from outside the United States of America, please note that Your personal data may be transferred, stored and processed by Us at Our facilities and by those third parties with which We may share Your personal data.
5. Collection of Your Personal Data
We may collect Your information using various means. The information which We may collect using the Application depends on the content and functions used by You, and includes the information which You disclose to Us and the information which We collect automatically.
Personal data disclosed by You:
Personal Information. We may collect Your first and last names, email address, postal address, telephone number and other similar contact details which You voluntarily disclose to Us by signing up, participating in contests or giveaways or by contacting us. Personal information which We collect depends on the context of Your interaction with Us and the functions of the Application used by You.
Security Data. We may collect passwords, password hints and similar security-related information used to authenticate and grant access to the account.
Information on Individual Preferences. We may may request information on Your individual preferences regarding the choice of products, such as preferred categories of products and other similar information.
Personal data automatically collected by us:
Photographic Recording, Video Recording or Audio Recording Data. We may collect data on the results of photographing and / or video shooting and / or recording audio, the background surrounding you, received by the camera and / or microphone of your device when using the corresponding function of the Application.
Geographical Location Information. We may request access or permission and track the information on the location of Your mobile device both continuously and during the use of the Application to provide location-based services. If You want to change Our access or permissions, You can do it by going to Your device’s settings.
Access to Mobile Device. We may request access or permission to use certain functions of Your mobile device, including camera, contacts, microphone and other functions of Your mobile device. If You want to change Our access or permissions, You can do it by going to Your device’s settings.
Derivative Data. The information automatically collected by Our servers when You access the Application, such as Your own activities forming an integral part of the Application, including clicks, adding to favorites, purchase requests, as well as other interactions with the Application and third parties.
Mobile Device Data. The information on the device, such as mobile device’s identification number, model and make, operating system’s version, telephone number, IP address, browser and device’s characteristics, language settings, referring URL addresses, device name, country, location and any other similar data.
Push Notifications. We may request a permission to send push notifications to You regarding Your account or the Request. If You do not want to receive such notifications, You can turn them off in Your device’s settings.
A cookie is composed of a data summary sent to Your browser by the web server, and may be read only by the server that has sent it. It is not an executable code, and cookies do not spread viruses.
Technical Cookies: technical cookies, sometimes also called HTML cookies, are used to navigate and simplify Your access to and use of the Application. They are necessary to exchange messages online or to provide the services requested by You. Technical cookies are required to ensure secure and efficient use of the Application.
You can manage, generally disable or cancel cookies via Your browser. If You do so, please note that it may slow down or prevent access to some parts of the Application.
Cookies can also be re-transmitted by a provider of analytics or statistics to collect the aggregated information on the number of users and the way they visit the Application. They are also considered technical cookies if they operate as described above.
Temporary session cookies are deleted automatically when the online session is over. They are mainly used to identify You and to ensure that You do not need to log each time into Your account, while permanent cookies remain active for a period longer than one active session.
Third-Party Cookies: We can also use third-party cookies which are cookies sent by a third party to Your devices. Permanent cookies are often third-party cookies. Most third-party cookies are composed of non-tracking cookies used to determine online behavior, understand the interests of users and further set up the ads for users.
There also exist third-party analytics cookies. They are sent from domains of the above mentioned third parties that are not affiliated with the Application. Third-party analytics cookies are also used to track information on the user behavior within Our Application. This is done anonymously to track performance and improve usability of the Application. Third-party profiling cookies are used to create user profiles and offer commercials based on the choices expressed by the users.
Profiling Cookies: We can also use profiling cookies that create User-related profiles and are used to send ads to the User’s browser.
Whenever this type of cookies is used, We will ask for Your express consent.
Help in Setting up Your Browser: You can manage cookies via Your browser settings on Your device. But deleting cookies from Your browser may lead to deletion of the settings You selected for the Application.
To receive additional information and support, You can also visit a special help page for Your browser:
- Internet Explorer: http://windows.microsoft.com/en-us/windows-vista/block-or-allow-cookies;
- Firefox: https://support.mozilla.org/en-us/kb/enable-and-disable-cookies-website-preferences;
- Safari: http://www.apple.com/legal/privacy/;
- Chrome: https://support.google.com/accounts/answer/61416?hl=en;
- Opera: http://www.opera.com/help/tutorials/security/cookies/.
Log data: just like any other website and mobile application, the Application also uses log files storing the automatic information collected during the user sessions. Various types of log data include the following:
- IP address;
- type of browser and parameters of devices used to access the Application;
- visit date and time;
- User’s originating web-page and log-off page;
- number of clicks (not necessarily).
The above information is processed in an automated mode and is collected solely in aggregate form to verify correctness of the Application’s operation and for security purposes. Such information will be collected subject to the Data Controller’s legitimate interests.
For security purposes (spam filters, firewalls, virus detection), automatically recorded data may also include Personal Data, such as IP address, which may be used in compliance with the effective legislation to prevent any attempts to damage the Application or harm other users, or in the event of any injurious acts or crimes. Such data are never used for purposes of User identification or profiling. They are intended solely for protection of the Application and Our users. Such information will be collected subject to the Data Controller’s legitimate interests.
7. Processing and Transmission of Your Personal Data
We can process or transmit Your personal data solely with Your consent subject to the legislation for purposes of protecting Your rights or to perform Our business obligations.
We can process or transmit Your personal data on the following legal grounds:
- consent: We can process Your personal data if You have given Us Your consent to processing of Your personal data for certain purposes;
- legitimate interests: We can process Your personal data whenever reasonably necessary to achieve Our legitimate business interests;
- legal obligations: We can transmit Your personal data whenever required by the law to fulfill the requirements of the legislation, requests from government authorities, in the course of litigations and in accordance with court rulings;
- vital interests: We can transmit Your personal data if We believe that it is necessary to investigate, prevent or take measures with regard to potential violations hereof, Our Terms and Conditions or the End User License Agreement (EULA), suspected fraud, any situations connected with potential threats to safety of any person, or with illegal activities, and as evidence in any litigation to which We are a party.
In particular, We may be required to process Your personal data or transmit Your personal data in the following cases:
- Business transfers. We can share or transmit Your personal data in connection with or in the course of negotiations regarding any merger, sale of the Operator’s assets, financing or acquiring all or any part of Our business by another company.
- Third-party advertisers. We can use third-party advertising companies to show You ads when You visit the Application. Such companies may use information regarding Your visits of Our Application contained in web cookies and other tracking technologies to provide advertisements of products and services which You are interested in.
- Business partners. We can transmit your anonymized personal data to Our business partners to offer You certain products, services or promotional events.
- Other users of the Application. The Application’s functions allow You to share its public parts containing Your personal data with other users. Such personal data may be reviewed by the users selected by You and may be publicly shared outside the Application forever. If You interact with other users of our Application through social media (for example, Facebook), your social media contacts may see Your name, profile picture and description of Your activities.
8. Third-Party Websites, Mobile Applications and Services
9. Your Personal Data Storage Period
In any event, We will store Your personal data for one (1) year after deletion of Your account.
10. Security of Your Personal Data
We have introduced technical and organizational security measures to protect any personal data processed by Us. But please remember, that We cannot guarantee 100% security of the Internet. Though We do everything We can to protect Your personal data, You share them with Us at Your own risk. You must use the Application in a safe environment only.
11. Collection of Personal Data of Minors
By using the Application You confirm that You are of legal age in Your jurisdiction, and that You are a parent or a guardian of a minor, and You consent to the use of the Application by such minor user.
If We learn that any personal data of users under the age of 13 have been collected, We will deactivate the account of such user and will take reasonable measures to immediately delete such personal data.
If You became aware of any personal data which We received from children under the age of 13, please contact us by email: firstname.lastname@example.org.
12. Your Confidentiality Rights
In some regions (for example, the European Economic Area) You have certain rights envisaged by the applicable data protection laws. The may include the right to: (i) request access to and obtain a copy of Your personal data; (ii) request correction or deletion of personal data; (iii) restrict processing of Your personal data; (iv) if applicable, transmit data. In certain circumstances You may also have a right to object against processing of Your personal data. In order to make such request please use the details below. We will review and respond to any request in accordance with the applicable data protection laws.
If We rely on Your consent to processing of your personal data, You will have a right to withdraw your consent at any time. Please note that withdrawal of the consent does not affect the legitimacy of personal data processing prior to such withdrawal.
If You live in the European Economic Area and believe that We illegally process Your personal data, You also have a right to file a complaint with the local personal data protection authority. You can find their contact details here:
If, at any time, You wish to review or change the information in Your account or delete Your account, you can do so in the relevant section of the Application. Following Your request to terminate Your account We will deactivate or delete Your account and the information from Our active databases. Nevertheless, some information may be stored in Our files to prevent fraud, eliminate breakdowns, assist in investigations, ensure compliance with Our Terms and Conditions and/or compliance with the requirements of the legislation.
No E-Marketing: You can unsubscribe from Our electronic newsletter at any time by clicking on the unsubscribe link contained in our emails in the relevant section of the Application or by contacting Us using the details below. After that, You will be deleted from the marketing mailing list, but We will still be required to send You emails related to the services necessary to administer and use Your account.
13. Do Not Track
Most web-browsers and some mobile operating systems and mobile applications have a Do Not Track (DNT) function or setting which can be enabled by You to communicate Your confidentiality preferences and prevent tracking and collection of data regarding Your online activities.
14. Rights of California Resident Users
California Civil Code, Section 1798.83 also known as Shine The Light, allows Our users living in California to request and obtain from Us, once a year and free-of-charge, the information on categories of personal data (if any) which We transmit to third parties for purposes of direct marketing, as well as names and addresses of all third parties to which We have transmitted personal data in the immediately preceding calendar year. If You are a California resident and You would like to make such request, please send Us Your request by email to: email@example.com.
If You are under the age of 18, You live in California and have a registered account in the Application, You have the right to request deletion of unwanted data published by You in the Application. To request deletion of such data, please contact us using the contact details contained in this clause, and specify the email address tied to Your account, and attach a statement that You live in California. We will make sure that Your personal data are not displayed, but please note that the data cannot be entirely deleted from Our systems.
Visiting the Application, expressing consent, filling in online forms are legally binding acts. Emails sent by electronic mail and other notifications received in the Application are electronic messages. You consent to receive electronic messages and agree that all electronic messages made electronically, by electronic mail and within the Application meet all legal requirements so that such electronic message was equally binding as written documents and messages.
16. Contact Us
919 North Market Street, Suite 950, Wilmington, DE 19801, USA
17. Request to Review, Change or Delete Personal Data
Pursuant to the effective legislation of Your country, You may have a right to request personal data which We receive from you to review, change or delete such personal data under certain circumstances. In order to request Your personal data to review, update or delete them, please send a filled and scanned request form (you can find the request form here) by email: firstname.lastname@example.org. We will respond to your request within 30 days.
18. Law and jurisdiction
(a) Applicable Law. You and Operator agree that United States federal law including the Federal Arbitration Act, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of California, USA, without regard to conflict of laws principles, will govern all Covered Dispute Matters.
(c) Arbitrator’s Award. You and Operator agree that for matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. You and Operator agree that the arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(d) Injunctive and Declaratory Relief. Except as provided in Section 19(e) below, the arbitrator shall determine all issues of liability on the merits of any claim asserted by you or Operator and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or Operator have sought public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration after the party seeking public injunctive relief has first prevailed in arbitration. The parties agree that the litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(e) Exceptions. There are only two exceptions to this agreement to arbitrate:
(i) if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction;
(ii) each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.
(f) Costs of Arbitration. You and Operator agree that payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate.
(g) Judicial Forum for Legal Disputes. Unless You and Operator agree otherwise and except as described in Section 19(e)(ii), in the event that the agreement to arbitrate above is found not to apply to You or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order, or because you are an international user to which this agreement to arbitrate does not apply, You agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between you and Operator must be resolved exclusively by a state or federal court located in the State of California. You and Operator agree to submit to the exclusive personal jurisdiction of the courts located within the State of California for the purpose of litigating all such claims or disputes.
(h) OPT-OUT OF ARBITRATION. IF YOU ARE A NEW ARVIEW.TV INC. CUSTOMER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO PRIVACY@ARVIEW.TV. (“OPT-OUT NOTICE”) OR REGULAR MAIL TO: 919 NORTH MARKET STREET, SUITE 950 IN THE CITY OF WILMINGTON, COUNTY OF NEW CASTLE, ZIP CODE 19801. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF THIS AGREEMENT FOR THE FIRST TIME. IF YOU ARE NOT A NEW ARVIEW.TV INC. CUSTOMER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THIS AGREEMENT TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
(i) If you opt out of the agreement to arbitrate, all other parts of this Agreement and this Arbitration will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that You may have with Operator.
(j) WAIVER OF CERTAIN RIGHTS. BY AGREEING TO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (i) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (ii) TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, EVEN IF ARBITRATION IS NOT REQUIRED UNDER THIS AGREEMENT, AND (iii) TO A TRIAL BY JURY.
(k) STATUTE OF LIMITATIONS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.