Effective as of 3 April 2020
This Policy is incorporated into and part of DayTV Master Terms of Service (“Master Terms”) located at https://day9.tv/terms-of-service.
1. Our Principles
DayTV has designed this policy to be consistent with the following principles:
Privacy policies should be human readable and easy to find.
Data collection, storage, and processing should be simplified as much as possible to enhance security, ensure consistency, and make the practices easy for users to understand.
Data practices should meet the reasonable expectations of users.
2. Information We Collect
We collect information in multiple ways, including when you provide information directly to us; when we passively collect information from you, such as from your browser or device; and from third parties.
Information You Provide Directly to Us
We will collect any information you provide to us. We may collect information from you in a variety of ways, such as when you: (a) create an online account, (b) upload your work or images (c) submit profile data or other content, (d) take actions such as following or liking posts, (e) subscribe to our email notifications, (f) connect your account to a third party service, (g) contact us or provide feedback, or (h) apply for a job at DayTV. This information may include but is not limited to your name, email address, phone number, mailing address, photo, geographic location, timezone, and your social media handles. We may also collect additional demographic and other information about you in connection with our surveys and/or events and the provision of this information to us by you is optional.
Information that Is Automatically Collected
We may automatically collect certain information about the computer or devices (including mobile devices or tablets) you use to access the Services. As described further below, we may collect and analyze (a) device information such as IP addresses, location information (by country and city), unique device identifiers, IMEI and TCP/IP address, browser types, browser language, operating system, mobile device carrier information, and (b) information related to the ways in which you interact with the Services, such as referring and exit web pages and URLs, platform type, the number of clicks, domain names, landing pages, pages and content viewed and the order of those pages, statistical information about the use of the Services, the amount of time spent on particular pages, the date and time you used the Services, the frequency of your use of the Services, error logs, and other similar information. As described further below, we may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.
Cookies and Other Tracking Technologies
We also collect data about your use of the Services through the use of Internet server logs and online tracking technologies, like cookies and/or tracking pixels. A web server log is a file where website activity is stored. A cookie is a small text file that is placed on your computer when you visit a website, that enables us to: (a) recognize your computer; (b) store your preferences and settings; (c) understand the web pages of the Services you have visited and the referral sites that have led you to our Services; (d) enhance your user experience by delivering content specific to your inferred interests; (e) perform searches and analytics; and (f) assist with security administrative functions. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads and/or email, and that are designed to provide usage information like ad impressions or clicks, measure popularity of the Services and associated advertising, and to access user cookies. We may also use tracking technologies in our license buttons and/or icons that you can embed on other sites/services to track the website addresses where they are embedded, gauge user interaction with them, and determine the number of unique viewers of them. If you receive email from us (such as community updates, go live notifications, or other ongoing email communications from DayTV), we may use certain analytics tools, such as clear GIFs, to capture data such as whether you open our message, click on any links or banners our email contains, or otherwise interact with what we send. This data allows us to gauge the effectiveness of our communications and marketing campaigns. As we adopt additional technologies, we may also gather additional information through other methods.
Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). Please note that by blocking any or all cookies, you may not have access to certain features or offerings of the Services.
Information from Third Parties
We may also collect information about you or others through third parties. For example, if you link your account with a social platform, we may collect information from your account on that platform. To the extent permitted by law, we may also collect information from third parties, including public sources, social media platforms, and marketing and market research firms. Depending on the source, this information collected from third parties could include name, contact information, demographic information, profile images and avatars, information about your usage of third party platforms, and information for fraud or safety protection purposes.
3. How We Use Your Information
We may use the information we collect from and about you to:
Fulfill the purposes for which you provided it;
Provide and improve the Services, including to develop new features or services, promote DayTV, the DayTV community, and the Services, take steps to secure the Services, and for technical and customer support;
Operate events and programs including but not limited to DayKnight 30 Day Projects and DayKnight Festivals;
about your relationship or transactions with us, account alerts, or other communications, such as go live notifications and newsletters to which you have subscribed;
Administer contests, sweepstakes and events;
Process and respond to your inquiries or to request your feedback;
Conduct analytics, surveys, research, and reporting, including to synthesize and derive insights from your use of our Services;
Determine appropriate advertising channels and venues and to place ads on such channels and venues, including social networking sites;
Measure and manage the effectiveness of our advertising and marketing;
Evaluate job candidates during our hiring process;
Maintain the operational availability and reliability of our IT systems with infrastructure backups and testing (which may use a copy of live data where test data is not practical);
Comply with the law and protect the safety, rights, property, or security of DayTV, the Services, our users, and the general public; and
Enforce our Master Terms, including to investigate potential violations thereof.
We may aggregate and/or de-identify information collected through the Services. We may use de-identified and/or aggregated data for any purpose, including without limitation for research and marketing purposes.
4. When We Disclose Your Information
We may disclose and/or share your information under the following circumstances:
Submitted Content. When you submit content (such as a post or comment or public chat) to the Services, any visitors to and users of our Services will be able to see that content, the username associated with the content, and the date and time you originally submitted the content. Although some parts of the Services may be private or quarantined, they may become public and you should take that into consideration before posting to the Services.
When other users view your profile, they will be able to see information about your activities on the Services, such as your username, prior posts and comments, trophies, badges, moderator status, Twitch subscriber status, and how long you have been a member of the Services.
Service Providers. We may disclose your information with third parties who perform services on our behalf, including without limitation, event management, candidate selection, marketing, customer support, data storage, data analysis and processing, technical services, consultants, and legal services who need access to such information to carry out work for us.
For example, when you apply to be selected to participate in one of our programs, DayTV may share that information with the individuals designated to select participants in, and help manage, those programs, which may include people not employed by DayTV.
Or, when you register for an event, we may share your information with vendors, third party contractors, partner organizations, and volunteers for the purpose of organizing and running the event and related activities.
In an emergency. We may share information if we believe it's necessary to prevent imminent and serious bodily harm to a person.
Business Transfers. As we continue to develop our business, we may engage in certain business transactions, such as the transfer or sale of our assets. In such transactions, (including in contemplation of such transactions, e.g., due diligence) your information may be disclosed. If any of DayTV’s assets are sold or transferred to a third party, customer information (including your email address) would likely be one of the transferred business assets.
Affiliated Companies. We may disclose your information with current or future affiliated companies.
Consent. We may disclose your information to any third parties based on your consent to do so.
Aggregate/De-identified Information. We may disclose de-identified and/or aggregated data for any purpose to third parties, including advertisers, promotional partners, and/or others.
5. Legal Basis for Processing Personal Data
The laws in some jurisdictions require companies to tell you about the legal ground they rely on to use or disclose information that can be directly linked to or used to identify you. To the extent those laws apply, our legal grounds for processing such information are as follows:
- To Honor Our Contractual Commitments to You. Much of our processing of information is to meet our contractual obligations to provide services to our users.
- Legitimate Interests. In many cases, we handle information on the ground that it furthers our legitimate interests in commercial activities such as the following in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals. We may also process information for the same legitimate interests of our users and business partners.
Marketing, advertising, and fundraising
Protecting our users, personnel, property, and reputation
Managing user accounts
Processing job applications
Organizing and running events and programs
Analyzing and improving our business
Managing legal issues
- Legal Compliance. We may need to use and disclose information in certain ways to comply with our legal obligations.
- Consent. Where required by law, and in some other cases where legally permissible, we handle information on the basis of consent. Where we handle your information on the basis of consent, you have the right to withdraw your consent; in accordance with applicable law.
6. Online Analytics
We may use third-party web analytics services (such as Google Analytics) on our Services to collect and analyze the information discussed above, and to engage in auditing, research, or reporting. The information (including your IP address) collected by various analytics technologies described in the “Cookies and Other Tracking Technologies” section above will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services, including by noting the third-party website from which you arrive to our Site, analyzing usage trends, assisting with fraud prevention, and providing certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
7. Your Choices and Data Subject Rights
You have various rights with respect to the collection and use of your information through the Services. Those choices are as follows:
Email Unsubscribe – You may unsubscribe from our marketing emails at any time by clicking on the “unsubscribe” link at the bottom of each newsletter or by emailing email@example.com with your request.
Account Preferences – If you have registered for an account with us through our Services, you can update your account information or adjust your email communications preferences by logging into your account and updating your settings.
Account Deletion – You may delete your account information at any time from the [user preferences page](day9.tv/profile). We may also retain certain information about you as required by law or for legitimate business purposes after you delete your account.
Do Not Track – Most modern web browsers give you the option to send a Do Not Track signal to the websites you visit, indicating that you do not wish to be tracked. However, there is no accepted standard for how a website should respond to this signal, and we do not take any action in response to this signal. Instead, in addition to publicly available third-party tools, we offer you the choices described in this policy to manage the collection and use of information about you.
EU Data Subject Rights – Individuals in the European Economic Area (“EEA”) and other jurisdictions have certain legal rights (subject to applicable exceptions and limitations) to obtain confirmation of whether we hold certain information about them, to access such information, and to obtain its correction or deletion in appropriate circumstances. You may have the right to object to our handling of your information, restrict our processing of your information, and to withdraw any consent you have provided. To exercise these rights, please email us at firstname.lastname@example.org with the nature of your request. You also have the right to go directly to the relevant supervisory or legal authority, but we encourage you to contact us so that we may resolve your concerns directly as best and as promptly as we can.
8. International Transfers
Our computer systems are currently based in the United States. As described above in the “When We Disclose Your Information” section, we may share your information with trusted service providers or business partners in countries other than your country of residence, including the United States, in accordance with applicable law. This means that some of your information may be processed in the United States, which may not offer the same level of protection as the privacy laws of your jurisdiction. By providing us with your information, you acknowledge any such transfer, storage or use.
9. Security Measures
We have implemented technical, physical, and organizational security measures to protect against the loss, misuse, and/or alteration of your information. These safeguards vary based on the sensitivity of the information that we collect and store. However, we cannot and do not guarantee that these measures will prevent every unauthorized attempt to access, use, or disclose your information since despite our efforts, no Internet and/or other electronic transmissions can be completely secure.
Children under the age of 13 are not allowed to create an account or otherwise use the Services, which are not directed at children under the age of 13. If we become aware that we have collected personal information (as defined by the Children’s Online Privacy Protection Act) from children under the age of 13, or personal data (as defined by the EU GDPR) from children under the age of 16, we will take reasonable steps to delete it as soon as practicable.
11. Data Retention
12. Third-Party Links and Services