Effective Date: January 1, 2020
By visiting the Site, or using any of our Services, you acknowledge that your personal information will be handled as described in this Policy. Your use of our Site or Services, and any dispute over privacy, is subject to this Policy.
The information we collect through the Site and Services is controlled by Telestream LLC, which is headquartered in the United States at 848 Gold Flat Road, Nevada City, California 95959, USA. If you contract with one of our EU affiliated entities, then that entity also will be a controller of your data.
We may collect information about you directly from you and from third parties, as well as automatically through your use of our Site or Services.
Certain areas and features of our Site and Services require registration and/or creation of a user account. Depending on what area of our Site or Services you register for, you will be required to provide some or all of the following information: your company name, name, address, phone number, email, username, and password. We also may collect additional optional information from you, including information about what products you are interested in, your software version, CPU type, OS version, other system specific data, website URL, and signature information. If you choose to purchase a product you will need to provide your financial information to our payment processors, Avangate and FastSpring; any such information will be governed by the Avangate and FastSpring privacy policies.
We may automatically collect the following information about your use of our Site or Services through cookies, web beacons, and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit our Site and/or use our Services; your device ID; and the referring URL, or the webpage that led you to our Site. We may combine this information with other information that we have collected about you, including, where applicable, your user name, name, and other personal information. Please see the section Cookies and Other Tracking Mechanisms below for more information.
We use your information, including your personal information, for the following purposes:
We may share your information, including personal information, as follows:
We do not disclose or transfer your personal information to non-affiliated third parties for direct marketing purposes without your prior written consent.
Emails we send you may include a tag that notifies us whether you have received or opened the email, or clicked a link within the email. If you do not want us to collect this information, you can opt out of receiving emails from use (links in the emails provide opt out options).
Users in the United States may opt out of many third party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members. If you are a user in the European Union, you may opt-out of certain third party cookies that we and other websites may use for targeted advertising through the European Interactive Digital Advertising Alliance (EDAA) Your Online Choices Page or www.aboutads.info.
Opting out from one or more companies listed on the DAA Consumer Choice Page, the NAI Consumer Opt-Out Page, or the EDAA Your Online Choices Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA, NAI, or EDAA websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.
We invite you to post content on our Site (where applicable), including your comments, pictures, and any other information that you would like to be available on our Site. If you post content to publicly available areas of our Site, all of the information that you post will be available to all visitors to our Site users. If you post content to areas that require a log-in, all of the information that you post will be available to registered users of that area. If you post your own content on our Site or Services, your posting may become public and Telestream cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.
Our Site and Services may contain links to third party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.
We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security.
You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your user name and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
You may modify personal information that you have submitted by logging into your account and updating your information or by contacting us using the contact information provided below. Please note that copies of information that you have updated, modified, or deleted may remain viewable in cached and archived pages of the Site for a period of time.
If you are a resident of the European Union, please see the Information for EU Individuals section below for additional information on accessing your information and other legal rights available to you under European Union law.
If you are a Nevada resident who would like to make a personal data request, please click here: Nevada Resident Data Request Form
We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your account or any Services you have requested or received from us.
Our Services are not designed for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.
When we act as Data Controller: If we process your personal information in our capacity as a data controller, the following applies:
We collect, use, and share your personal information where we are satisfied that we have an appropriate legal basis to do this. This may be because:
If you would like to find out more about the legal bases on which we process personal information, please contact us using the details below.
Your Legal Rights. Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, European Union individuals have certain rights in relation to your personal information:
Right to access, correct, and delete your personal information:You have the right to request access to the personal information that we hold about you and:(a) the source of your personal information; (b) the purposes, legal basis and methods of processing; (c) the data controller’s identity; and (d) the entities or categories of entities to whom your personal information may be transferred.
You also have the right to request that we delete your information.
We are not required to comply with your request to erase personal information if the processing of your personal information is necessary for compliance with a legal obligation or for the establishment, exercise, or deference of legal claims.
Right to restrict the processing of your personal information: You have the right to restrict the use of your personal information when (i) you contest the accuracy of the data; (ii) the use is unlawful but you do not want us to erase the data; (iii) we no longer need the personal information for the relevant purposes, but we require it for the establishment, exercise, or defense of legal claims; or (iv) you have objected to our personal information use justified on our legitimate interests verification as to whether we have a compelling interest to continue to use your data.
We can continue to use your personal information following a request for restriction, where:
Right to data portability: To the extent that we process your information (i) based on your consent or under a contract; and (ii) through automated means, you have the right to receive such personal information in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller.
Right to object to the processing of your personal information: You can object to any processing of your personal information which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.
Right to obtain a copy of personal information safeguards used for transfers outside your jurisdiction: You can ask to obtain a copy of, or reference to, the safeguards under which your personal information is transferred outside of the EEA.
Right to lodge a complaint with your local supervisory authority: You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your personal information.
We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.
How to Exercise Your Rights: If you would like to exercise any of the rights described above, please send us a request to email@example.com. In your message, please indicate the right you would like to exercise and the information that you would like to access, review, correct, or delete.
We may ask you for additional information to confirm your identity and for security purposes, before disclosing the personal information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.
If we process your information as a Data Processor:For certain activities where we provide services to our customers, we act only on the instruction of those corporate customers. In those situations, the corporate customer is the Data Controller for that purpose. Where we process your data in our capacity as a data processor on behalf of the Data Controller, the processing of your data will not be governed by this Policy, but you can contact the customer directly to learn about their processing of your information and to exercise your rights, or we will forward your request directly to our corporate customers.
Cross-border Transfer of Information. Telestream generally maintains servers and systems in the United States hosted by third party service providers. We also may subcontract the processing of your data to, or otherwise share your data with, other third parties in the United States or countries other than your country of residence. As a result, where the personal information that we collect through the Site, Services, or in connection with providing services to or administering our relationship with a corporate customer is transferred to and processed in the United States or anywhere else outside the European Economic Area (EEA) for the purposes described above, we will take steps to ensure that the information receives the same level of protection as if it remained within the EEA, including entering into data transfer agreements, using the EU Commission approved Standard Contractual Clauses, or by relying on certification schemes such as the EU - US Privacy Shield. You have a right to details of the mechanisms under which your data is transferred outside the EEA.
If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us using the Opt-out Links on our emails and newsletters or in any of the following ways.
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site.
If you own a Telestream product, visit our Support Center for the latest software updates and product information.
In this section, we provide information for California residents, as required under California privacy laws, including the California Consumer Privacy Act (“CCPA”), which requires that we provide California residents certain specific information about how handle their personal information, whether collected online or offline. Under the CCPA, “personal information” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. It does not include publicly available data as defined by the CCPA. This section does not address or apply to our handling of publicly available information made lawfully available by state or federal governments or other personal information that is subject to an exemption under Section 1798.145(c) – (f) of the CCPA.
Except for the Right to Opt-out (see “Right to Opt-out of Sale of Personal Information”) and the Right of Non-Discrimination (see “Incentives and Discrimination”), this section does not apply to California residents with whom we transact or communicate solely in the context of providing or receiving a product or service to or from a company that employs such residents or engages such residents as contractors. This section also does not apply to personal information we collect about job applicants, independent contractors, or current or former full-time, part-time and temporary employees and staff, officers, directors or owners of Telestream or any affiliated entities.
Categories of Personal Information that We Collect, Disclose, and Sell
The list below sets out generally the categories of personal information (as defined by the CCPA) about California residents that we collect. Except as described below, we do not sell your personal information or disclose it to third parties for a business purpose. We may disclose each of these categories of personal information to our service providers, who are not permitted to use your personal information except as necessary for performing services on our behalf. We collect these categories of personal information from the sources described in the What Information Do We Collect About You and Why section above, and for the purposes described in the How We Use Your Information section above. Our collection, use and disclosure of personal information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident.
Please note that the CCPA defines the term “sale” very broadly to include any exchange of data for consideration of any kind, not simply selling your data for monetary compensation. Depending upon the circumstances, “sale” could include providing your data to an entity to assist us with targeted advertising purposes.
Telestream collects the following categories of personal information:
|Categories of personal information||Do we collect?||Do we disclose for a business purpose(s)||Do we sell?|
|Name, Contact Information and other Identifiers: Identifiers such as a real name, alias, address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.||Yes||No||No|
|Customer Records: Paper and electronic customer records containing personal information, such as name, signature, physical characteristics or description, address, telephone number, education, current employment, employment history, social security number, passport number, driver’s license or state identification card number, insurance policy number, bank account number, credit card number, debit card number, or any other financial or payment information, medical information, or health insurance information.||Yes||No||No|
|Protected Classifications: Characteristics of protected classifications under California or federal law such as race, color, sex, age, religion, national origin, disability, citizenship status, and genetic information.||No||No||No|
|Purchase History and Tendencies: Commercial information including records of personal property, products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies.||No||No||No|
|Biometric Information: Physiological, biological or behavioral characteristics that can be used alone or in combination with each other to establish individual identity, including DNA, imagery of the iris, retina, fingerprint, faceprint, hand, palm, vein patterns, and voice recordings, keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.||No||No||No|
|Usage Data: Internet or other electronic network activity information, including, but not limited to, browsing history, clickstream data, search history, and information regarding a resident’s interaction with an internet website, application, or advertisement, including access logs and other activity information related to your use of any Telestream websites, applications or other online services.||Yes||No||No|
|Geolocation Data: Precise geographic location information about a particular individual or device.||No||No||No|
|Audio, Video and other Electronic Data: Audio, electronic, visual, thermal, olfactory, or similar information such as, CCTV footage, photographs, and call recordings and other audio recording (e.g., recorded meetings and webinars).||No||No||No|
|Professional or employment-related information: Employment history, qualifications, licensing, disciplinary record.||No||No||No|
|Education Information: Information about education history or background that is not publicly available personally identifiable information as defined in the federal Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).||No||No||No|
|Profiles and Inferences: Inferences drawn from any of the information identified above to create a profile reflecting a resident’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.||No||No||No|
California law grants consumers certain rights and imposes restrictions on particular business practices as set forth below. California consumers have the right to request that we disclose what personal information we collect, use, disclose, and sell about you.
Right to Opt-out of Sale of Personal Information (“Do Not Sell”). California residents have the right to opt-out of our sale of their personal information. We do not sell your personal information.
Requests for Copy, Deletion and Right to Know. Subject to certain exceptions, California consumers have the right to make the following requests, at no charge, up to twice every 12 months. Please see Submitting Requests [LINK to section below “Submitting Requests”] for instructions about how to exercise your rights:
Deletion: the right to request deletion of personal information that we have collected about you, subject to certain exemptions.
Copy: the right to request a copy of the specific pieces of personal information that we have collected about you in the prior 12 months.
Right to Know (Collection): Where we have collected personal information about you, the right to request that we disclose certain information about how we have handled your personal information in the prior 12 months, including: the categories of personal information collected; categories of sources of personal information; business and/or commercial purposes for collecting and selling your personal information; and the categories of third parties/with whom we have disclosed or shared your personal information.
Right to Know (Disclosure and Sale): Where we have sold or disclosed for a business purpose your personal information, the right to request that we disclose certain information about how we have handled your personal information in the prior 12 months, including: the categories of personal information collected; categories of third parties to whom your personal information has been sold and the specific categories of personal information sold to each category of third party; categories of third parties to whom personal information has been disclosed; and the categories personal information that we have disclosed or shared with a third party for a business purpose.
Submitting Requests. You can exercise your right by:
When you submit your request, we will take steps to attempt to verify your identity. We will seek to match the information in your request to the personal information we maintain about you. As part of our verification process, we may ask you to submit additional information, use identity verification services to assist us, or if you have created an account on our website or mobile app, we may ask you to sign in to your account as part of our identity verification process. Please understand that, depending on the type of request you submit, to protect the privacy and security of your personal information, we will only complete your request where we are satisfied that we have verified your identity to an appropriate degree of certainty.
Incentives and Discrimination. The CCPA prohibits discrimination against California consumers for exercising their rights under the CCPA and imposes requirements on any financial incentives offered to California consumers related to their personal information.
Discrimination: if consumers exercise their rights under the CCPA, businesses may not discriminate against them including by denying or providing a different level or quality of goods or services or charging or suggesting that a business will charge different prices or rates or impose penalties, unless doing so is reasonably related to the value provided to the consumer by the consumer’s data.
Disclosure of Incentives: if businesses offer any financial incentives for the collection, sale or deletion of their personal information, consumers have the rights to be notified of any financial incentives offers and their material terms, as well as the to not be opted into such offers without prior informed opt-in consent and to be able to opt-out of such offers at any time. Businesses may not offer unjust, unreasonable, coercive or usurious financial incentives. We currently do not offer any such incentives.Your California Privacy Rights under California’s Shine-the-Light Law
Under California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), California residents who provide us certain personal information are entitled to request and obtain from us, free of charge, information about the personal information (if any) we have shared with third parties for their own direct marketing use. Such requests may be made once per calendar year for information about any relevant third party sharing in the prior calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to firstname.lastname@example.org or through our California privacy request page at https://itwebapi.telestream.net/privacy/californiasplash. In your request, please attest to the fact that you are a California resident.