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1. Terms & Conditions


This document sets out the end-user licence agreement and terms and conditions of use of the TVSMILES app (the “Terms”) which form a legal agreement between you (“End-user” or “you”) and TVSMILES GmbH of Friedrichstr. 45, 10969 Berlin, Germany (“Licensor”, “us” or“we”) in respect of:

• the TVSMILES mobile application software and any data or associated media supplied with that software (the “App”);

• any online or electronic documents provided by the Licensor and related to the App (the “Documents”); and

• the services, facilities and activities to be provided through the App.

We license use of the App and Documents to you on the basis of these Terms and subject to any rules or policies (“Appstore Rules”) applied by any appstore provider or operator from whose site the End-user downloads the App (“Appstore”). We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.

Operating system requirements:

This App requires an iOS version 6.0 or higher or an Android version 2.3.6 or higher operation system with a minimum of 512 MB of RAM, a CPU speed of 1GHz or higher, at least 50 MB of free disk space, Internet access, a microphone and a minimum screen resolution of 480x800px.

Important notice:

• The App has been created for promotional purposes and contains content provided by third party advertisers, brand owners and advertising agencies.

• When starting up the App for the first time you are required to accept these Terms. By clicking on the “Accept” button on the start-up screen you agree to these Terms, which will bind you, and consent to the Licensor’s use of your personal data in accordance with our privacy policy from time to time, available at the Mobile App Privacy Policy (“Privacy Policy”). For the avoidance of doubt, these Terms are deemed to include the terms set out in the Privacy Policy.

• The App is intended primarily for use by individuals aged 18 and over. If you are aged under 18, you should ask your parent or guardian to explain these Terms and the Privacy Policy to you and should only use the App with your parent’s or guardian’s consent. By clicking on the“Accept” button when first starting up the App, you confirm that either: (i) you are aged 18 years or over; or (ii) being under the age of 18, you fully understand these Terms and the Privacy Policy and have the consent of your parent or guardian to use the App. If we discover that you are aged under 18 and do not have your parent’s or guardian’s consent to use the App, we will be entitled to terminate your right to use the App and the Services and to cancel any Smiles you have collected.

• If you do not agree to these Terms, we will not license the App and Documents to you and you must stop using the App and delete it from your Device.

• By downloading the App you authorise us to provide the App and the Services to you during any cancellation period to which you may be entitled under applicable consumer protection legislation. However, you have the right to cancel these Terms and stop using the App and the Services at any time as set out in condition 9 below.

IT IS AGREED

Services

1.1 The Licensor is the publisher of the App. The App is a mobile advertising application that serves as a loyalty program. The App rewards its users with rewards called “SMILES” in exchange for their engagement with advertising formats that are presented to users in the form of a quiz card game (each quiz card being a “Card” for the purposes of these Terms). All contents of the App are promotional. Smiles can be redeemed for real items as described in condition 8 below. In order to collect Smiles, users have to interact with the following in-App advertising-based activities (“Services”): • Brand Advertising: by screening the audio signal from nearby televisions the App automatically detects the pre-defined “fingerprints” of applicable commercials and extends those commercials to the Device by displaying synced content (branded quiz games, branded videos, branded raffles or other branded advertising engagements) within the App. The content for branded Cards is provided by third party advertisers, brand owners or their advertising agencies, not the Licensor.

• Performance Advertising: advertising engagements that require the user to take an action through a quiz card (for example, to download a promoted app, to fill out a market research survey provided by a brand owner/research institute/media agency, to sign up for a subscription whether or not on a trial basis (e.g. telecommunications services, video-on-demand services, newspapers or magazines etc.), to register on a website, to order a free product sample and to give feedback or to buy a product. For all these actions the user is rewarded with a certain number of Smiles.

• Mobile Video Advertising: This refers to the display of short advertising videos (commonly 15-30 second clips) prior to the display of in-App quiz content (these are similar to the short commercial clips in front of YouTube videos).

1.2 TVSMILES receives money from its advertisers for the creation of Cards displayed in the App. You acknowledge that it is this revenue from advertisers that allows TVSMILES to offer the App free of charge provide the Smiles reward scheme.

1.3 These Terms apply to the App and any of the Services accessible through the App, including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms set out in these Terms.

1.4 We may change these Terms at any time by notifying you of a change when you next start the App. The new Terms will be displayed on-screen and you will be required to read them to continue your use of the App and the Services.

1.5 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms. Unless new terms are notified to you, these Terms will apply to any updates to the App.

1.6 You will be assumed to have obtained permission from the owners of the Devices (as defined in condition 2.2.1) that are controlled, but not owned, by you and to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with these Terms for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.

1.7 The terms of the Privacy Policy are incorporated into these Terms by reference and apply to use of the App and the Services. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

1.8 From time to time, promotions, competitions and surveys forming part of the Services may be governed by their own terms and conditions or privacy policies (together “Additional Terms”), in which case the Additional Terms will be communicated to you before you participate in the relevant promotion, competition or survey, and, where accepted, those Additional Terms will apply to the relevant promotions, competitions and surveys in addition to these Terms. If there is any conflict between these Terms and the Additional Terms, the Additional Terms will prevail in respect of the relevant promotion, competition or survey only.

1.9 By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.

1.10 Certain Services may make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may withdraw this consent at any time by turning off the location services settings for the App on the Device.

1.11 The App incorporates audio recognition functionality. When the App is switched on, the audio recognition function will respond to certain television or other audio visual advertising in the vicinity of the Device, which may activate the App and make certain Services, activities or functions available to the End-user. The audio recognition functionality operates within the App on the Device, not on our servers (or the servers of any third party). The App does not store or export from the Device any audio recordings made by the App’s audio recognition functionality.

1.12 The App or any Service may contain links to other independent third-party websites (the “Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). For this reason, we have no liability to you in respect of the content of, or services or products provided through, Third-party Sites. You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

1.13 In these Terms, any words following the terms “including”, “include”, “in particular” or “for example” or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

Grant and scope of licence

2.1 In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these Terms, the Privacy Policy and the Appstore Rules, incorporated into these Terms by reference. We reserve all other rights.

2.2 You may

2.2.1 download a copy of the App onto any number of mobile telephones or handheld devices (“Devices”) (although you may only have one Smiles account) and to view, use and display the App on the Devices for your personal purposes only; and

2.2.2 use the Documents for your personal purposes only.

Licence restrictions

3.1 Except as expressly set out in these Terms or as permitted by any local law, you agree:

3.1.1 not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

3.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;

3.1.3 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

3.1.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:

(i) is used only for the purpose of achieving inter-operability of the App with another software program;

(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

(iii) is not used to create any software that is substantially similar to the App;

3.1.5 to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;

3.1.6 to include our copyright notice on all entire and partial copies you make of the App on any medium;

3.1.7 not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

3.1.8 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (the “Technology”).

Acceptable use restrictions

4.1 You must:

4.1.1 not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;

4.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by these Terms);

4.1.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

4.1.4 not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

4.1.5 not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Intellectual property rights

5.1 You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of these Terms.

5.2 You acknowledge that you have no right to have access to the App in source-code form.

Limited warranty

6.1 We warrant that we will use reasonable skill and care in the provision of the App, the Documents and the Services.

6.2 We not make any other promises or warranties about the App, the Documents or the Services and, in particular, we do not warrant that:

6.2.1 your use of the App, the Documents and the Services will be uninterrupted or error-free; or

6.2.2 the App, the Documents or the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto. You shall be responsible for backing up your own system, including the App that is stored on your system.

6.3 This warranty is in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

Limitation of liability

7.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.

7.2 We only supply the App and Documents for domestic and private use. You agree not to use the App and Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7.3 We are not responsible for any content provided by third party brand owners, advertisers or agencies or for the content of, or products or services provided through, any Third-party Sites and, for this reason, we will have no liability for any loss or damage you suffer as a result of accessing or using any such third party content, products or services.

7.4 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence up to the limit specified in condition 7.5.

7.5 Our maximum aggregate liability under or in connection with these Terms (including arising out of your use of the App, the Documents or any Services and the redemption of any Smiles) whether in contract, negligence or otherwise, shall in all circumstances be limited to £50. This does not apply to the types of loss set out in condition 7.6.

7.6 Nothing in these Terms shall limit or exclude our liability for:

7.6.1 death or personal injury resulting from our negligence;

7.6.2 fraud or fraudulent misrepresentation; and

7.6.3 any other liability that cannot be excluded or limited by English law.

7.7 Nothing in this condition 7 will limit or affect your statutory consumer rights.

TVSMILES Reward Program

8.1 Once you have downloaded the App and accepted these Terms, you will be entitled to use the App to complete various task blocks (“Challenges”) set out on various virtual Cards in the App. Upon the initial start of the App you will receive an initial set of Cards to be played. Each Card is usually made up of three Challenges. Each Challenge in turn can be divided into various sub-tasks. When you successfully complete a Challenge, you will be rewarded with the number of Smiles indicated at the time you participated in that Challenge. The number of Smiles awarded per Challenge varies. The number of Smiles needed to collect your first reward is not fixed. Smiles will be added to your TVSMILES Reward Account, and you will be able to check the number of Smiles you have at any time by checking the “My Account” section of the App. As the game on the App progresses, you will receive new Cards. The number of new Cards placed in the deck varies. A fixed number of Cards cannot be guaranteed.

8.2 Important notice: Each Card is only intended to be solved once by each player. If you solve the same Card more than once (whether as a result of unauthorized technical manipulation, taking advantage of system vulnerabilities, system error or otherwise), you will only be awarded Smiles in respect of the first time that you solve that Card.

8.3 Subject to condition 9, each SMILE is valid for a period of 12 months from the date on which it is added to your TVSMILES Reward Account. After this period, we have the right to delete expired Smiles from your account.

8.4 Once you have accumulated enough Smiles in your TVSMILES Reward Account, you will be able to redeem your Smiles within the “Reward Shop” section of the App. The Reward Shop will contain a range of products, services, vouchers, offers and other benefits (together“Rewards”) that you will be able to obtain in return for your Smiles, provided you have sufficient Smiles in your TVSMILES Reward Account at the relevant time. The number of Smiles that you will need to redeem for each Reward will be clearly stated in the Reward Shop. If you wish to redeem your Smiles for any particular Reward, provided you have sufficient Smiles in your TVSMILES Reward Account, you will be able to make your selection in the Reward Shop and, once you have confirmed the Reward(s) you wish to receive, you will be contacted by our customer support team, who will confirm availability of the relevant Reward. Smiles will be deducted from your TVSMILES Reward Account at the time of redemption. Rewards are normally delivered within four weeks following the date of confirmation of order by our customer support team. Please select your Rewards carefully: as Smiles are not cash and have no cash value (as described below), orders for Rewards which are goods or services cannot be cancelled. Where a Reward is a digital download, you acknowledge that, once delivery of the download has started at your request, you will have no right to cancel.

8.5 You acknowledge and understand that all Rewards are subject to availability and that the Rewards on offer, or the number of Smiles needed for any Reward, may change at any time without prior notice being given. In addition, certain offers of Rewards may be time limited or may be made available in a pre-determined quantity only. Therefore, it is your responsibility to check the Reward Shop section on the App regularly. We offer no guarantee as to number of Smiles that may be earned by you or what Rewards may be available at any time.

8.6 Smiles do not have a cash value and may not be redeemed for cash (although Rewards available from time to time may include vouchers or credits for use on online and similar services). Your Smiles are personal to you and cannot be sold or otherwise transferred to anyone else.

Termination

9.1 Both you and the Licensor have the right to terminate the licence set out in these Terms, and your right to use the App and the Services, at any time at will by serving notice. In this case your Smiles will remain valid for a period of six (6) weeks following the date of termination and you will have the right to redeem them at any time before the end of that period.

9.2 Notwithstanding condition 9.1, your rights under the licence set out in these Terms, and your right to use the App and the Services, will terminate automatically upon receipt of notice from the Licensor if you fail to comply with any of these Terms. In this case your Smiles will immediately cease to be valid.

9.3 Upon termination of the licence, you shall cease all use of the App, the Documents and the Services and you will destroy all copies, full or partial, of the App or the Documents you have on the Devices (or any other computer or device). In addition, we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services.

Communication between us

10.1 If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to TVSMILES GmbH at Friedrichstr. 45, 10969 Berlin, Germany and legal@TVSMILES.co.uk. We will confirm receipt of this by contacting you in writing, normally by e-mail.

10.2 If we have to contact you or give you notice in writing, we will do so by calling you on the number if provided by you, or by e-mail to the email address you provide to us with your registration for the App.

Events outside our control

11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”).

11.2 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:

11.2.1 our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

11.2.2 we will use our reasonable endeavours to find a solution by which our obligations under these Terms may be performed despite the Event Outside Our Control.

Other important terms

12.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.

12.2 You may only transfer your rights or obligations under these Terms to another person if we agree in writing.

12.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

12.4 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

12.5 Please note that these Terms, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

2. Privacy Policy

TVSMILES GmbH of Friedrichstr. 45, 10969 Berlin, Germany (“We”, “us”, “our”) are committed to protecting and respecting your privacy.

SCOPE OF POLICY

This policy (together with our end-user licence agreement and terms and conditions of use as set out at Terms & Conditions (the “Terms”) and any additional terms of use incorporated by reference into the Terms) applies to your use of:

the TVSMILES mobile application software (“App”) hosted on the website of various app stores (together the “App Site”), once you have downloaded a copy of the App onto your mobile telephone or handheld device (“Device”); and

any of the services accessible through the App (“Services”) that are available on the App Site or other sites of ours (“Services Sites”), unless the Terms state that a separate privacy policy applies to a particular Service, in which case only that privacy policy applies to the relevant Service.

This policy sets out the basis on which any personal data We collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how We will treat it.

Important notice: When using the App for the first time you will be required to accept the Terms. By clicking on the “Accept” button on the App start-up screen, you agree to the Terms and consent to our collection and use of personal data about you, and our use of cookies, in accordance with this privacy policy.

For the purpose of the UK Data Protection Act 1998, the data controller is TVSMILES GmbH of Friedrichstr. 45, 10969 Berlin, Germany.

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you:

Information you give us (“Submitted Information”): You may give us information about you by filling in forms on the App Site and the Services Sites (together “Our Sites”), or by corresponding with us (for example, by e-mail or telephone). This includes information you provide when you register to use the App Site, download or register the App, subscribe to any of our Services, search for a Service, share data via the App’s social media functions, enter a competition, promotion or survey, play a game on the App or any of Our Sites, redeem your Smiles in the App’s Reward Shop (as described in more detail in the EULA) and when you report a problem with an App, our Services, or any of Our Sites. The information you give us may include your name, address, e-mail address and phone number, age, username, password and other registration information, financial information, personal description and photograph, responses to survey or competition questions. In order to verify this information we reserve the right to ask for a copy or scan of your ID card. •Information We collect about you and your Device: Each time you visit one of our Sites or use one of our Apps We may automatically collect the following information:

technical information, including the type of mobile device you use, a unique device identifier (for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, your IDFA or Android advertising ID, the type of mobile browser you use and time zone setting (“Device Information”);

details of your use of any of our apps (including the App) or your visits to any of Our Sites including, but not limited to, traffic data, location data, weblogs, other communication data and the resources that you access (“Log Information”).

Location information. We may also use GPS or similar technology to determine your current location (“Location Information”). Some of our location-enabled Services require your personal data for the feature to work.

Information We receive from other sources (“Third Party Information”). We are working closely with third parties (including, for example, advertisers, product or service suppliers or promoters, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.

If you contact us, We may keep a record of that correspondence.

“Unique application numbers”: when you install or uninstall a Service containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.

Please note that the App incorporates audio recognition functionality as described in more detail in the Terms. The audio recognition functionality operates within the App on the Device, not on our servers (or the servers of any third party). The App does not store or export from the Device any audio recordings made by the App’s audio recognition functionality.

Cookies

We use cookies to distinguish you from other users of the App, App Site or Service Site. This helps us to provide you with a good experience when you use the App or browse any of Our Sites and also allows us to improve the App and Our Sites.

A cookie is a small file of letters and numbers that we store on your Device if you agree. Cookies contain information that is transferred to your Device’s drive.

We use the following cookies:

Strictly necessary cookies. These are cookies that are required for the operation of the App and Our Sites. They include, for example, cookies that enable you to log into the App and use the Reward shop.

Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around Our Sites when they are using them. This helps us to improve the way the App and Our Sites work, for example, by ensuring that users are finding what they are looking for easily.

Functionality cookies. These are used to recognise you when you return to Our Sites. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

Targeting cookies. These cookies record your visit to Our Sites, the pages you have visited and the links you have followed. We will use this information to make the App and Our Sites and the advertising displayed on them more relevant to your interests. We may also share this information with third parties for this purpose.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You block cookies by activating the setting on your browser (or your Device settings) that allows you to refuse the setting of all or some cookies. However, if you use your browser or Device settings to block all cookies (including essential cookies) this may impair your enjoyment of the App and you may not be able to access all or parts of Our Sites.

Uses made of the information

We use Submitted Information, Device Information, Log Information, Location Information, Third Party Information and Unique application number information held about you in order to give you the best possible experience when using the App. This means that the information described above is being used to clearly identify our users and target them in-App in the right time in the right place with interesting and relevant games-based advertising offers. Furthermore, We use the information described above to manage our Reward handling and fulfilment in a proper manner, to monitor and analyse usage and activities, to send technical/support/administrative notices, to maintain and improve our products, to link or combine with information we get from others to help understand your needs, to provide you with better service and to carry out any other purpose for which information was collected. We will use your Submitted Information to contact you via e-mail for user feedback and marketing purposes. In certain cases we may provide pseudonymised and/or anonymous aggregate information to our partners for analysis without disclosing any information by which you may be personally identified.

We may associate any category of information with any other category of information and will treat the combined information as personal data in accordance with this policy for as long as it is combined.

We do not disclose information about identifiable individuals to our advertisers or any other third party, other than members of Our Group (as defined below), for marketing or advertising purposes. However, We may provide them with anonymous aggregate information or pseudonymised information about our users. An example of anonymous aggregate information is that We may inform our advertisers or other third parties that 500 men aged under 30 have clicked on a given advertisement on any given day. Anonymous aggregate information can never be traced back to an identifiable individual. An example of pseudonymised information is that We may inform our advertisers or other third parties that a 35 year old male located in the High Street in Cambridge clicked on an advertiser’s advertisement at 1pm on 8 December 2014. With pseudonymised information, a reference or pseudonym is attached to a record to allow the information to be associated with a particular individual without the individual actually being identified Pseudonymised information cannot be traced back to an identifiable individual without access to an encryption key or similar technology (which we will not disclose to advertisers or other third parties (other than members of Our Group)). We may also use such anonymous aggregate or pseudonymised information to help advertisers reach the kind of audience they want to target (for example, men in South London). We may make use of the personal data We have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience. Our advertisers and other third parties to which We disclose this information may be located either inside or outside the European Economic Area (“EEA”).

We, or any member of Our Group (as defined below), may use your personal information (including name, address, email address, telephone number and mobile/cell phone number) to market our own goods and services (or those of any member of Our Group) but We will not sell or otherwise disclose your personal information (other than anonymous aggregate or pseudonymised information, as described above) to anyone outside Our Group for marketing purposes.

Disclosure of your information

We may disclose some or all of the data We collect from you when you download or use the App to the following third parties in a pseudonymised and/or anonymous aggregate manner:

Category of data

Recipient

Pseudonymised Log Information:

Infonline (AGOF/IVW)

Device Information

LiveRail

Pseudonymised Device Information, Log Information, Location Information, Third Party Information

Flurry

CatPseudonymised Log Information, Device Information

Adjust

Pseudonymised Log Information, Location Information and Device Information

NewRelic

Pseudonymised Log Information, Location Information and Device Information

Ooyala

Pseudonymised Log Information, Device Information

Smartstream

Pseudonymised Log Information, Device Information

UrbanAirship

Pseudonymised Log Information, Location Information and Device Information

Trialpay

Pseudonymised Submitted Information and Device Information

Facebook

Pseudonymised Log Information and Device Information

HockeyApp

Pseudonymised Log Information and Device Information

Pollfish

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006 (or equivalent legislation in Germany) (together “Our Group”).

We may disclose your personal information to third parties:

In the event that We sell or buy any business or assets, in which case We may disclose your personal data to the prospective seller or buyer of such business or assets.

If TVSMILES GmbH or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

If We are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.

In order to:

enforce or apply the Terms and other agreements or to investigate potential breaches; or

protect the rights, property or safety of TVSMILES GmbH our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Where We store your personal data

The data that We collect from you may be transferred to, and stored at, a destination outside the EEA. It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. These staff may be engaged in the fulfilment of your request, order or reservation, the redemption of your Smiles in the App’s Reward Store (as described in more detail in the Terms), the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Where We have given you (or where you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although We will do our best to protect your personal data, We cannot guarantee the security of your data transmitted to Our Sites; any transmission is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent unauthorised access.

We may collect and store personal data on your Device using application data caches and browser web storage (including HTML 5) and other technology.

Certain Services include social networking or forum features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.

Your rights

You have the right to require us and members of Our Group at any time to stop processing your personal data for marketing purposes by terminating the licence and right to use the App and Services in accordance with condition 9.1 of the Terms. Our Sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including, but not limited to, websites on which the App or the Services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that We do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.

Access to information

The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with that Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information We hold about you.

Changes to privacy policy

Any changes We may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App or the Services.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to legal@TVSMILES.co.uk.