Personal Data Policy

Processing of Personal Data

GoAlive.TV (“GA”, “us” or “we”) is the data controller for personal data processed under this Personal Data Policy and is as such responsible for ensuring that the processing is conducted in accordance with applicable legislation.

By registering a user account, the user (“you” or “User”) acknowledges GA’s processing of your personal data in accordance with the provisions below. Considering that this personal data policy (“Personal Data Policy”) constitutes an inseparable part of the Terms of Use and the definitions set out in the Terms of Use govern the interpretation of the Personal Data Policy, you are requested to read the Terms of Use prior to reading the Personal Data Policy.

This Personal Data Policy applies for all our Platforms, although we may process different types of personal data depending on what platform that you use.

Summary

This is a summary of how we process your personal data.

The use of personal data is necessary for us to provide the Service to you.

This means that you cannot object to us processing your personal data altogether and still require us to provide the Service. However, you are entitled to object to certain use of your personal data, for example if the relevant use is not required for us to be able to provide our Service to you, but only necessary e.g. to send you marketing by email. This right of yours is further explained below.

As a data subject, you also have a number of other rights to gain insight into and influence how GA processes your personal data. These rights include a right to gain access to the personal data GA stores about you, request that we correct any incorrect data, request that we erase personal data and a right to lodge complaints with supervisory authorities if you have concerns with GA’s use of your personal data.

The personal data that we process consist of the information provided by you when registering an account with GA. We also process personal data that you otherwise may provide when contacting GA, and information provided by you when participating in a survey. GA will also analyze how you use the Service, for example which movies and TV shows you watch, search history, devices used to access the Service and locations from which the Service is used (on a city level).

The purposes with our processing of personal data include the ability to deliver the Service to you through our different platforms and to fulfil our legal obligations. For example, we will;

  1. Use your e-mail and password to make it possible for you to sign in to your account and use the streaming service provided by GA;
  2. Use your viewing history data, e.g. which movies or TV shows you have started watching and where you stopped, so that you can continue watching where you last stopped even if you change device;
  3. Use your account identifiers, viewing history and device information to improve the quality and stability of our Service and to correct any errors, for example to minimize any interruptions and make the service more accessible; and
  4. Use your payment details and IP address to ensure that you are domiciled in a country where the Service is offered and allow you to use the Service in other countries in accordance with EU/EEA law.

Unless you inform us otherwise (opt out) when you sign up for the Service or anytime later, we will process account identifiers, viewing history and device information for profiling purposes. This means that we, based on your use of the Service, will evaluate your preferences, and interests in different series and other content provided by us. GA uses this data to provide you with customized information and news about content and special offers through digital marketing, to analyze how the Service can be improved and to identify and segment target audiences with preferences similar to the User, which are not yet Users, for the purpose of extending digital marketing to such audiences, e.g. via Facebook and Google or identify the content preferences of the Users in order to tailor the content offered to the Users. Such processing is in part performed with the help of data collected through cookies. Learn more about how GA uses cookies to collect information about the usage of our Platforms by reading our Cookies Policy, section 14 below.

If you do not want your personal data to be processed for purposes relating to direct marketing based on your profile you may log in to the Service, go to My Account and opt out. You can also contact us by email.

If, upon registration or later, you subscribed to a newsletter or any other marketing material, you can opt out from direct marketing by following the link at the bottom of a newsletter or any other marketing e-mail which you receive from GA.

Mobile Applications and other devices. This Personal Data Policy applies to your use of the Service across our Platforms, which also includes use of our mobile applications. This means that we will for example monitor which series and movies you watch also on your smartphone and use such personal data for the purposes set out in this Personal Data Policy. Since our mobile applications may not contain all available functions of the Service, we recommend you to sign in to your GA account via a web or mobile browser to access all features (e.g. if you want to alter your cookies settings).

Your personal data will be transferred to companies outside the EU that we have engaged to, inter alia, be able to provide our Service to you. The relevant countries may not ensure the same level of protection for personal data as your country. However, the transfers are carried out in a manner to ensure that your personal data remains protected.

If you have any questions about how GA uses and protects your personal data, you are always welcome to contact support@goalive.network.

Below follows a more detailed description on how we use personal data.

1. What entity is responsible for the processing of your personal data?

GoAlive Network, company registration 20537, Abidjan CI, is the data controller for the personal data processed under this Personal Data Policy.

Our contact details are:

support@goalive.network

2. What is “personal data” and “processing of personal data”?

The term “personal data” as used in this Personal Data Policy is any piece of information that, either on its own or together with any other pieces of information, can be used to identify a living individual, and any other data that qualifies as personal data in accordance with the law applicable to GA, including the General Data Protection Regulation (the “GDPR”).

This Personal Data Policy covers all personal data that is in any form considered processed under applicable law in relation to you as a User, including personal data that is collected, kept, stored, transferred, disclosed or otherwise used by GA.

 

3. What personal data is processed and for what purposes?

GA will only collect and process the personal data about you as explained in this Personal Data Policy and as further set out below.

4. How is your personal data protected?

GA has implemented appropriate technical and organizational measures for the protection of your personal data to ensure that only authorized persons are given access to it. GA uses technical security systems, such as firewalls, encryption technologies, passwords and anti-virus programs, to prevent and avoid unauthorized use of personal data.

 

5. For how long is your personal data stored?

GA will not store or process your personal data for any longer time than what is necessary to fulfill the purposes for the processing set out in this Personal Data Policy or according to any mandatory applicable law.

Thus, when the purpose has been fulfilled in relation to a specific type of personal data, GA will delete or anonymize the relevant personal data as soon as reasonably possible. Please note that we may store your personal data for sending you newsletters and marketing by e-mail purposes for a period after you have terminated the Service, to the extent allowed under applicable legislation. This time period may vary depending on in what country you live. You can at any time opt out from such newsletter or other marketing by following the link at the bottom of a newsletter or any other marketing e-mail which you receive from GA.

6. With whom do we share personal data?

GA Group Companies

Your personal data may be provided to other companies within the GA group as the provision of such data is necessary for the purposes of the interests of GA and the GA group, namely, to administer the business on a group level to achieve benefits of scale and for other internal administrative purposes.

Companies engaged by GA

Your personal data will be transferred to and processed by third party providers and suppliers which perform services for GA, both in capacity of data processors and data controllers,  to enable these companies to perform the services requested by GA. Such companies will be located world wide. Services which will be requested include the provision of infrastructure and IT services, the provision of customer services, the processing of market surveys, management of send-outs via e-mail, digital marketing management, the performance of statistical analyses and profiling, and processing of credit card and debit card transactions and other payment data.

Only personal data that is necessary to fulfill the purposes stated in the “Data Processing Description” below will be provided to the companies engaged by us. All third party providers and suppliers must, when acting as data processors, follow GA’s instructions and applicable written data processor agreements and any other agreements that are in place between GA and its third party providers/suppliers, and must implement appropriate technical and organizational measures for the protection of the personal data. Any transfer of your personal data outside the EU is specified in the Data Transfer.

Authorities

GA may need to provide personal data to relevant authorities (e.g. tax authorities or the police) in accordance with mandatory law and in order to fulfill legal mandatory obligations in each jurisdiction where GA has Users. In the event of data breaches, certain personal data may need to be provided to data protection authorities.

7. To what countries will your personal data be transferred?

Your personal data will be transferred to companies world wide that we have engaged to, among other things, be able to provide our Service to you. The relevant countries outside the EU may not ensure the same level of protection for personal data as your country. In such cases, GA will ensure that the personal data is adequately protected by the receiving parties in such countries. Adequate protection may typically be to impose on the receiving party contractual obligations that ensure that such party maintains the same high level of privacy and data security as practiced by GA.

8. What are your rights as regards your personal data?

Right to access and rectification

You have the right to obtain information on what personal data GA processes regarding you, the source of the data, for what purposes the data has been used, and the identity of parties to whom the data has been provided. GA may charge a reasonable administrative fee for repetitive requests. If a request is manifestly unfounded or excessive, in particular because of its repetitive character, GA may also refuse to act on the request.

You have also the right to, at any time, request a correction of any inaccurate or incomplete personal data.

Right to erasure (‘right to be forgotten’)

You may request that your personal data be erased in specific circumstances if e.g. you have terminated the Service, the personal data is no longer necessary in relation to the purposes for which is was collected if there is no lawful reason for continuation of processing, the processing is unlawful or the personal data has to be erased to comply with a legal obligation world wide.

Right to object

You are entitled to object to processing of personal data that we base on our legitimate interest on grounds relating to your particular situation. If you lodge an objection, and the processing is based on a legitimate interest, we will no longer process your personal data unless we can demonstrate compelling and legitimate reasons for such processing that overrides your privacy interest.

However, please note that even if you object to certain processing, GA may still continue such processing if it is based on another legal ground, for example to provide the Service to you (should you still want to receive it) or to fulfil legal obligations.

Right to restriction

You can request that processing of your personal data is restricted if the personal data may not be correct, if you consider the processing to be unlawful, if GA is basing its processing on a legitimate interest or if you believe that GA does no longer need the personal data for the purposes as set out below.

Right to withdraw consent

If you at any time have provided a consent to GA for processing of personal data, you can always withdraw such consent for any future processing that is reliant on such consent.

Right to data portability

You have the right to receive the personal data concerning you, which you have provided to us, and that we process based on consent or to perform our agreement with you in a structured, commonly used and machine-readable format. You may also ask us to transmit such data directly to another controller where technically feasible.

9. How to make use of your rights?

You can make use of some of your rights, for example the right to opt-out from marketing based on your usage, by signing in to your GA account. When you are signed in, you can also make changes to certain personal data which we have stored about you.

You can also use our individual rights request portal through support@goalive.network if you want to make use of your rights, or have any questions in that regard.

10. What should you do if you have any complaints?

If you have any complaints on how we use your personal data, or would like further information, we would ask you to first contact our Data Protection Officer using the contact details set forth above. However, you can also always make a complaint about how we process your personal data with the relevant public supervisory authority, specifically the authority where you live, work or where the alleged infringement has occurred.

Without prejudice to your rights to make complaints, where you consider that your rights under this Personal Data Policy have been infringed as a result of the processing of your personal data in non-compliance with the applicable laws, you may also bring proceedings before the competent courts, including the courts of the member state where you have your habitual residence.

11. Updates

This Personal Data Policy may be modified by GA at any time. Should GA wish to use personal data other than as stipulated in the Personal Data Policy in force at the time of data collection, notice of any such modifications will be provided to the data subjects in a visible manner (e.g. such notice may be posted on GA’s website or sent to you by email).

12. Data Processing Description

The below Data Processing Description outlines the categories of personal data collected and processed by GA in relation to its Users and the purposes for processing each category of data.

These terms are used in the description and may require an explanation:

– Legal ground: According to applicable data protection legislation, Personal Data may only be processed if there is a legally valid ground to support the relevant processing. GA bases its processing on the following legal grounds as set out in the description:

  • Performance of a contract: The processing of personal data is necessary for GA to be able to perform the Agreement with a User, e.g. to enable the User to sign into its account, use the Service and receive help from GA’s customer service;
  • Legitimate interest: The processing is based on a legitimate interest that GA has in the processing, e.g. to enable GA to send newsletters to Users. A requirement is that such a legitimate interest is not overridden by the interests, fundamental rights or freedoms of the Users and the Users have the right to object. In light of the limitations regarding data processing, the safeguards and the technical and organizational measures implemented by GA, GA has established that where the processing of your data is based on GA’s legitimate interest, such interest is not overridden by your interests, fundamental rights or freedom relating to data protection. You may contact us at any time to request more information on how we have reached this conclusion for different types of processing.
  • Legal obligation: The processing is necessary for GA to comply with legal obligations applicable to GA, e.g. financial information that needs to be stored for bookkeeping purposes.

– Retention time or criteria: GA specifies how long the User’s data will be used for different purposes. Once no legal purpose remains, all personal data will have been anonymized so that it can no longer identify a User.

Categories of Personal Data

GA processes the following categories of Personal Data:

C1 Identification details – i.e. first name, last name, vendor account identifiers, voucher codes, password

Source: Directly from the User at sign-up or from GA’s partners

C2 Contact information – i.e. e-mail address.

Source: Directly from the User at sign-up or contact with GA’s customer service

C3 Payment details – i.e. debit card and credit card information and payment history (including information about trial periods, periods without an active subscription etc.). and vendor account identifiers.

Source: Directly from the User at sign-up or from payment services vendors and, as regards payment history and vendor account identifiers, continually as payments are made

C4 Digital information data – i.e. geo-location/IP address, device information (device type, device name, device ID), country code, ISP information, operating system version.

Source: Collected based on the User’s use of the Service and the Platforms

C5 Usage information – i.e. viewing history, title selection, search queries (only stored locally at the User) and results of marketing tracking.

Source: Collected based on the User’s use of the Service

C6 Records of correspondence with customer service – i.e. recordings of inbound call to customer services, transcripts of e-mail or chat correspondence

Source: Correspondence with customer service is recorded

C7 Survey responses – i.e. the User’s responses to surveys that we ask Users to participate in, which responses may include personal information

Source: Directly from Users who choose to participate in surveys

C8 Other information provided to customer service – i.e. further information that the User may provide to GA’s customer service in order for GA to help the User with the matter, e.g. telephone number

Source: Directly from Users who contact GA’s customer service

Purposes for Processing Personal Data

GA Processes the above categories of Personal Data for the following purposes:

P1 Delivery of service

Description – To enable GA to administer the User account and deliver the subscription service to its Users, including enforcing applicable terms and conditions (e.g. limitations on number of devices, enforcing conditions regarding trial periods and displaying the right content based on location). This purpose also includes optimizing the delivery of the Service to each specific device used to access the Service and to provide the “continue watching” feature.

Legal ground – Performance of a contract

Categories Processed – C1, C2, C4, C5,

Retention time or criteria – Up to 12 months after termination of subscription for the Service or account creation (if the User never purchased a subscription)

P2 Billing

Description – To be able to charge the User for the subscription service.

Legal ground – Performance of a contract

Categories Processed – C3

Retention time or criteria – During the term of the User’s subscription for the Service

P3 Customer Service

Description – To enable GA, and its vendors where applicable, to provide customer service to its Users upon request (e.g. if a User contacts GA), including troubleshooting.

Legal ground – Performance of a contract

Categories Processed – C1, C2, C3, C4, C5, C8

Retention time or criteria – Up to 12 months after termination of subscription for the Service or account creation (if the User never purchased a subscription)

P4 Activation Reports

Description – To enable GA to send activation reports to its vendors/partners for tracking purposes, if a User has signed up via a vendor or using a voucher code.

Legal ground – Performance of a contract

Categories Processed – C1, C2

Retention time or criteria – Up to 12 months after termination of subscription for the Service or account creation (if the User never purchased a subscription)

P5 Communication with Users

Description – To be able to send the User relevant information in relation to the subscription/account, e.g. welcome e-mail, service updates, notices about expiry of debit/credit card and similar.

Legal ground – Performance of a contract

Categories Processed – C2, C3, C4

Retention time or criteria – During the term of the User’s subscription for the Service

P6 Marketing

Description – For profiling purposes to be able to provide customized marketing to Users (e.g. based on viewing or payment history or devices used to access the Service) and to other target groups which may have similar preferences as current Users. This purpose includes sending newsletters to Users.

Legal ground – Legitimate interest

Categories Processed – C1, C2, C3, C4, C5

Retention time or criteria – For as long as allowed under applicable marketing legislation but no longer than 12 months after termination of the subscription or account creation (if the User never purchased a subscription)

P7 Compliance with legal obligations

Description – To enable GA to comply with legal obligations applicable to GA, including requirements in bookkeeping regulations and responding to requests from authorities.

Legal ground – Legal obligation

Categories Processed – C1, C2, C3

Retention time or criteria – For as long as the legal obligation exists but in general up to 7 years

P8 Statistics and analyses

Description – To enable GA to improve the services offered to its Users, which includes improving the security of GA’s systems/platforms.

Legal ground – Legitimate interest

Categories Processed – C2, C3, C4, C5, C6, C7

Retention time or criteria – Up to 12 months after termination of subscription for the Service or account creation (if the User never purchased a subscription)

P9 Surveys

Description – To be able to conduct surveys, which are voluntary for Users to participate in. Survey responses are used to improve the Service.

Legal ground – Legitimate interest

Categories Processed – C2, C7

Retention time or criteria – 6 months

P10 Fraud prevention

Description – To enable GA to prevent, and defend GA from, fraudulent claims by Users in relation to payments.

Legal ground – Legitimate interest

Categories Processed – C3

Retention time or criteria – During the term of the User’s subscription for the Service

P11 Training of Customers Service staff

Description – Recordings of calls and other correspondence with customer service are analysed to improve the quality of the customer service provided to Users and others who contact GA’s customer service.

Legal ground – Legitimate interest

Categories Processed – C6

Retention time or criteria – 3 months

13. Data Transfer Description

The below Data Transfer Description outlines the purposes for transferring Personal Data world wide outside the EU, the categories of Personal Data subject to such transfers, the relevant third countries and the safeguards implemented to protect your Personal Data:

Provision of IT systems used by GA to deliver and improve its subscription service

Categories of data: C1, C2, C3, C4, C5

Countries and safeguards:

USA – Standard Data Protection Clauses (Article 46.2 GDPR) and The EU-U.S. Privacy Shield (adequacy decision, Article 45 GDPR)

Provision of IT systems used for marketing and campaign management

Categories of data: C1, C2, C4, C5

Countries and safeguards:

USA – Standard Data Protection Clauses (Article 46.2 GDPR)

India – Standard Data Protection Clauses (Article 46.2 GDPR)

Canada – EU Commission adequacy decision (Article 45 GDPR) and Standard Data Protection Clauses (Article 46.2 GDPR)

Provision of billing services and related IT systems

Categories of data: C1, C2, C3

Countries and safeguards:

USA – Standard Data Protection Clauses (Article 46.2 GDPR) and The EU-U.S. Privacy Shield (adequacy decision, Article 45 GDPR)

Provision of Customer Service/Technical support and related IT systems

Categories of data: C1, C2, C3, C4, C5, C6

Countries and safeguards:

USA – Standard Data Protection Clauses (Article 46.2 GDPR) and The EU-U.S. Privacy Shield (adequacy decision, Article 45 GDPR)

More information about Standard Data Protection Clauses:

https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en

More information about the EU-U.S. Privacy Shield:

https://www.privacyshield.gov/welcome

More information about EU Commission adequacy decision

https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en

14 Cookies Policy

14.1. Use of cookies and the purpose of this Cookies policy

What are cookies?

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide web services and functionalities for the users. According to applicable legal regulations, cookies may be stored or accessed on your equipment only based on your consent, except for cookies that are strictly necessary in order to provide the services on this Website. The purpose of this Cookies Policy is to provide you with the necessary information regarding GA’s use of cookies and the storage of such cookies on your device when you access GA’s site to enable you to make a choice whether you wish to enable cookies to be placed on your device.

In addition to cookies, GA may also use so-called web beacons or similar technology. A web beacon is a type of electronic image only one pixel large which is embedded into and downloaded with a website, an application or an e-mail with HTML support. A web beacon then provides information about your device, such as the IP address, URL, duration of the visit, web browser and cookies.

What kind of cookies are there?

Cookies may be either “persistent” cookies or “session” cookies. A persistent cookie consists of a text file sent by a web server to a web browser, which will be stored by the browser and will remain valid until its set expiry date (unless deleted by the user before the expiry date). A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed. The purpose of use of the various cookies is outlined below in this Cookies Policy.

What are Cookies used for?

GA generally divides its Cookies into the following three categories (see the lists below for further details on the Cookies used on the Website):

  • Strictly necessary Cookies: GA uses cookies which are strictly necessary for the Service and the Website to function properly. These cookies do not collect any personal information. If you choose to reject or deactivate such strictly necessary cookies, you will not be able to use all the functions of the Service or the Website. The cookies considered strictly necessary are set out in the list of first party cookies below.
  • Performance/analysis Cookies: GA uses so-called performance cookies (mainly Google Analytics) to collect information about how the User uses the Website, such as which pages are most frequently visited and any errors that occur. The purpose of this is to evaluate and improve the performance of the Website.
  • Advertising Cookies: GA uses first and third party advertising cookies to collect information about how visitors use the Website to be able to provide marketing which is adapted to their interests. They are also used to provide our marketing partners with information about your browsing history to be able to display advertisements based on your specific profile both to you and those with similar preferences to yours. The information collected on the Website may be combined with information which has been collected about you from other websites that you have visited.

14.2. First party cookies

The list below explains the first party cookies we use and why we use them. Unless specified in the list, these first party cookies are considered strictly necessary cookies, as further described above.

Google Analytics Cookies

  • _ga (Expiry date: 2 years)
  • _gid (Expiry date: 24 hours)
  • _gat (Expiry date: 1 minute)
  • _gac_UA-XXXXX-XX (Expiry date: 90 days)
  • _dc_gtm_UA-XXXXXXXX-X (Expiry date: 24 hours)

We use Google analytics cookies to measure and evaluate how users interact with website content across browsing sessions. These cookies are not considered strictly necessary cookies.

Google ads preferences: https://adssettings.google.com/authenticated?hl=en

Google privacy policy: https://policies.google.com/privacy?hl=en-GB&gl=uk

To opt out of being tracked by Google Analytics visit http://tools.google.com/dlpage/gaoptout.

Other first party cookies used for the Website or the Service

  • raygun4js-userid – This cookie is used for error tracking and troubleshooting. Expiration: 1 month.
  • raygun4js-sid – This cookie is used for error tracking and troubleshooting. Expiration: Immediately.
  • profileChosen – This cookie tracks whether a user has selected “Kids” or “Series and Movies” after signing in to display the correct content upon page refresh. Expiration: Stored for as long as you use our Service if you do not clear your cookie history.
  • authDeviceId – This cookie is used to keep a user logged in upon page refresh. Expiration: Stored for as long as you use our Service if you do not clear your cookie history.
  • authDeviceToken – This cookie is used to keep a user logged in upon page refresh. Expiration: Stored for as long as you use our Service if you do not clear your cookie history.
  • volumePref – This cookie tracks user preference for video playback volume. Expiration: Stored for as long as you use our Service if you do not clear your cookie history.
  • subtitlesLangPref – This cookie tracks user preference for video playback subtitles language. Expiration: Stored for as long as you use our Service if you do not clear your cookie history.
  • dubbingLangPref – This cookie tracks user preference for video playback audio dubbing language. Expiration: Stored for as long as you use our Service if you do not clear your cookie history.
  • dismissedCookies – This cookie tracks whether a user has closed the cookie notice displayed on the website. Expiration: Stored for as long as you use our Service if you do not clear your cookie history.
  • lockIntro – This cookie tracks whether a user has been shown an introduction to the Kids mode “lock” function. Expiration: Stored for as long as you use our Service if you do not clear your cookie history.

14.3. Third party cookies

The list below explains the third party cookies we use and why we use them. These cookies are set by a third party and not by this Website and are therefore subject to change. Please consult the respective third party’s privacy website for further information on the cookies used. You are offered to choose the cookies setting when entering the Website and can change it any time by e.g. changing cookies settings in your browser (see section 14.4 below).

Google Advertising Cookies

We use Google Advertising Cookies to make advertising more relevant to users, to enable ad personalization, evaluate campaign performance, as well as to measure visitor’s interactions with websites. They are used for the AdWords and DoubleClick platforms. Read more:https://policies.google.com/technologies/types

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