Privacy Policy

Last revised on March 1, 2022

This Privacy Policy (“Privacy Policy”) is between you and Marketecture Media, Inc., (“Marketecture”, “we”, or “us”). This Privacy Policy explains our information practices and the choices you can make about the way your information is collected and used when you access our service (the “Marketecture Service”), which allows consumers to have access to and view certain on-demand content and live-streaming content (“Marketecture Content”). The Marketecture Service includes the Marketecture.tv (the “Site”), the Marketecture Content and our mobile and TV apps (the “Marketecture Apps”, each a “Marketecture App”). You can access Marketecture Content either by signing up for the Marketecture Service directly and creating a Subscriber Account (see Section 2.a below), or by streaming Marketecture Content via a Third Party Platform as a Platform Subscriber (see Section 1.m below) or by previewing free versions of Maketecure Content without a subscription.

Any capitalized term not defined herein shall have the meaning given to them in the associated Terms of Service available at https://marketecture.tv/terms

1. DEFINITIONS

This is what we mean when we use the following terms in this Privacy Policy:

a. “Marketecture Media, Inc.” refers to Marketecture Media, Inc. USA, Inc. 

b. “Third Party Platform”is a third party platform or service (e.g., Hulu, YouTubeTV, Roku) through which authorized users can access and stream Marketecture Content via a channel and/or platform-specific version of a Marketecture App.

c. “Platform Subscriber” means a consumer who has access to Marketecture Content as a result of the consumer’s subscription to a Third Party Platform.

d. “Information” means the information we collect about you and your use of the Marketecture Service. It includes information you provide to us, information we collect when you use the Marketecture Service, and information provided to us by third parties. Depending on how it is used or shared, some Information can be PII or De-identified Information, as those terms are defined below.

e. “Personally Identifiable Information” or “PII” means information that directly identifies or can reasonably be used to identify a particular individual (for example, email address). PII does not include De-identified Information.

f. “De-identified Information” or “Anonymous Information” is information that does not directly identify and cannot be reasonably linked to a particular individual. We treat IP addresses and other unique identifiers – such as cookie IDs, advertising IDs, device IDs and household IDs – as De-identified Information when they cannot reasonably be used to identify a particular individual. We also consider aggregated information and Device Identifiable Information to be De-identified Information.

g. “Device Identifiable Information” or “DII” is a type of De-identified Information that directly identifies or can reasonably be used to identify a specific browser, device, or group of devices, but doesn’t directly identify and cannot reasonably be used to identify a specific individual.

h. “Usage and Device Information” means information about your use of the Marketecture Service, including your accessing, viewing, and downloading of Marketecture Content, which includes information about your use of our Site and the Marketecture App.This includes your activities, your IP address, your browser type, your Internet service provider (ISP), your operating system or device type, date and time stamps, and related metadata. It also means information about your mobile device collected when the device interacts with the Marketecture Service, including unique device ID, device type, device status, device serial number, and information about the settings, configurations, and software on your device.

i. “Service Provider(s)” means third party vendor(s) that perform services on our behalf in connection with the offering, operation and provision of the Marketecture Service or other legitimate business activities, for example, authentication, fraud prevention, customer service, analytics, and advertising and marketing services.

j. “First Party Advertising” is advertising or marketing communications for Marketecture or Marketecture Media, Inc. products and services.

k. “Third Party Advertising” is advertising or marketing communications for a third party (including, for example, for non-Marketecture Media, Inc. products and services).

2. INFORMATION WE COLLECT AND HOW WE COLLECT IT

We collect Information about you and your associated devices when you provide it to us, when you use the Marketecture Service, and when it is provided to us by a Third Party Platform or other third parties.

a. Information You Provide To Us: When you communicate with us, we collect the Information you provide to us, which may include PII, such as your email address and billing information.

b. Information We Collect When Subscribers Use the Marketecture Service: When you use the Marketecture Service, Marketecture and our Service Providers automatically collect Usage and Device Information.

c. Information Collected via Cookies, Web Beacons and Similar Technologies: We and our Service Providers use web tracking technologies known as “cookies”, and “Clear GIFs” (also known as “web beacons,” “Internet tags,” “pixels” or “pixel tags”) to collect additional information about your interaction with the Marketecture Site. For more information on our use of cookies, refer to our Cookie Policy.

d. Information Provided by Third Party Platforms. When you stream Marketecture Content via a Third Party Platform the provider of that platform may collect PII and Usage and Device Information about you and your interaction with the Marketecture Content (see Section 5 below). We obtain Platform Subscribers’ Usage and Device Information, such as IP address and device ID, from certain Third Party Platform providers for advertising or marketing uses.

e. Information Provided by Other Third Parties.For Platform Subscribers, we obtain an authentication token from our Service Provider when you attempt to access the Marketecture Content which confirms that you are an authorized subscriber of the relevant Third Party Platform.

f. Information collected from Children. We do not knowingly solicit children to purchase or use our services or products and do not knowingly collect PII from anyone under the age of 18. If you believe that we might have any Personal Data from a child under 18, please contact us at info@Marketecture.tv.

3. HOW WE USE INFORMATION

We use the Information we collect for legitimate business activities, including: 1) to provide and improve the Marketecture Service, 2) to communicate with you, and 3) for advertising and marketing.

a. To Provide and Improve the Services. We use the Information we collect to conduct business activities related to providing you with the Marketecture Service, including: 1) service delivery; 2) maintenance and operations, including management of the network and devices supporting our service and our systems; 3) technical support; 4) hardware and software upgrades for devices and systems; 5) understanding the use of the Marketecture Service; 6) improving our services and identifying and developing new features, products and services; 7) internal analytics and reporting; 8) detecting the unauthorized reception, use, or abuse of the Marketecture Service and to protect our subscribers from fraudulent, abusive, or unlawful use of, or subscription to, the Marketecture Service; 9) protecting our rights, our personnel, and our property; and 10) complying with applicable law.

b. To Communicate with You. We also use the Information we collect to deliver and personalize our communications with you. For example, we may use the information you provide us to inform you of Marketecture Service updates or in connection with other activities related to the Marketecture Service.

c. For Advertising and Marketing. We also use the Information we collect to send you promotional communications for the Marketecture Service and to enable the delivery of First Party Advertising and Third Party Advertising we think may be of interest to you. You may opt-out of some marketing communications from us as outlined in Section 6 below. 

d. Use of De-identified Information. Our collection, use, and disclosure of De-identified Information is subject to our discretion and is not subject to any of the restrictions in this Privacy Policy.

4. WHEN AND WITH WHOM WE MAY SHARE INFORMATION

We only disclose PII as described in this Privacy Policy. We may share your Information with the following types of parties:

a. Authorized Parties With Your Consent. We may disclose PII about you to third parties with your consent. We may obtain your consent online or through other channels, for example, when you agree to terms of service relating to the Marketecture Service, or implicitly, for example, when you login to a Marketecture App, thereby consenting to our disclosure of your Information to the relevant Third Party Platform in order to provision the Marketecture Service.

b. Service Providers. We may share your PII with our Service Providers. For example, we may use third party analytics services to collect data about usage of our services. We also use a third party authentication service to ensure that individuals seeking to access Marketecture Content via Third Party Platforms are authorized to do so. Our Service Providers are authorized to use your PII only as necessary to provide these services on our behalf.

c. Marketecture Media, Inc. Affiliated Businesses. We may share Information, including PII, with our employees, agents, and affiliates within the family of Marketecture Media, Inc. companies, brands and businesses in connection with the provision of the Marketecture Service or the products or services of these affiliates, or for First Party Advertising or Third Party Advertising purposes. We may also share Information, including PII, in the event of a merger, acquisition or sale or all, or components of, our business. When we do this, those employees, agents and affiliates will use and protect your Information in a manner that is consistent with this Privacy Policy.

d. Lawful Disclosures. You acknowledge and agree that we may disclose your PII if we are required to do so by law or if we have a good faith belief that such disclosure is reasonably necessary: 1) to comply with applicable law, a subpoena, court order or other legal process; 2) to investigate violations of this Privacy Policy, or other contracts we have with you; 3) to respond to claims that any content violates the rights of third parties; 4) to respond to your requests for customer service; and 5) to protect the rights, property, or personal safety of the public, Marketecture, Marketecture Media, Inc., their respective agents and subscribers, or the Marketecture Service. We may also disclose PII to law enforcement agencies in emergency circumstances, where the disclosure of such information is consistent with the types of emergency disclosures permitted or required by law.

5. THIRD PARTY DATA COLLECTION

a. Third Party Platforms. When you use an application that runs on a Third Party Platform (e.g., iOS, Roku, Samsung, etc.), the provider of that Third Party Platform may collect PII and Usage and Device Information about you and your use of our Marketecture App. We refer you to the privacy policies of these platforms for information on their privacy practices.

b. Links.We may provide links to third party websites and applications. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or applications, or to any collection of your PII after you click on links to such outside websites. We have no control over such services and therefore refer you to their privacy policies for information on their respective privacy practices. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.

6. CHOICES YOU HAVE TO LIMIT USE AND SHARING OF INFORMATION

a. Third Party Platforms. If you are Platform Subscriber who accesses Marketecture content via a Third Party Platform that provides us with Usage and Device Information for marketing and advertising purposes (see Section 2.e above) we encourage you to review the privacy policy for that platform and understand the choices provided to you with respect to the sharing of this information with Marketecture.

b. Emails. We may send you newsletters and other emails about new or upcoming Marketecture products, services, or offers. If you decide you no longer wish to receive these emails, you may opt-out as instructed in each email. We use third-parties to process and distribute these emails.

c. Interest Based First Party Advertising. Some advertising that you see on the internet or in mobile applications on your devices are tailored to your interests and based on your activity online or in mobile applications. If you do not wish to receive interest based ads for Marketecture or Marketecture Media, Inc. products and services on other websites or mobile applications, you may opt-out of most such advertising by going to the following websites operated by industry trade and self-regulatory organizations: http://networkadvertising.org/... (operated by the Network Advertising Initiative) or http://www.aboutads.info (operated by the Digital Advertising Alliance).

Please note, your opt-out preferences may not take effect immediately and do not retroactively apply to existing advertising/promotional messages or campaigns.

7. HOW WE SECURE YOUR INFORMATION

We employ physical, electronic, administrative and procedural safeguards to protect your Information, including PII. Despite these measures, we do not guarantee the security of Information stored in our database or that unauthorized parties will not intercept Information you send or receive over the internet. As a shared resource, the internet subjects our services and you to the risk of unauthorized access to files and data, even when security measures are implemented.

8. YOUR CALIFORNIA PRIVACY RIGHTS

The California Consumer Protection Act (CCPA), Cal. Civ. Code §§ 1798.100-1798.199, requires that “Businesses” (as defined in the CCPA) provide CA Residents with information regarding the personal information collected, disclosed and sold about them. The CCPA definition of personal information (“CA Personal Information”) is broader than the definition of PII in Section 1.g above and includes Usage and Device Information, such as IP addresses, cookie IDs, and device IDs, to the extent such information is reasonably capable of being associated with or linked to a particular consumer or household. We consider ourselves to be a Business with respect to the CA Personal Information we collect from visitors who access the Marketecture Content via the Site or a Marketecture App.

The CCPA provides CA Residents the right to know about the CA Personal Information collected, disclosed or sold about them by us as a Business, the right to request that we delete the CA Personal Information we collect from them (subject to certain exceptions), the right to opt-out of our sale of their CA Personal Information, and the right not to receive discriminatory treatment by us for exercising any of these privacy rights.

a. Collection of CA Personal Information.Cal. Civ. Code § 1798.140(o) contains a list of categories of CA Personal Information. The table below lists the categories of CA Personal Information we have collected about Subscribers who are CA Residents in the preceding 12 months, the categories of sources of that information, the business or commercial purposes for which the information was collected, and the categories of third parties with whom it was shared.

For purposes of this policy, we consider our sharing of Usage and Device Information to be a CA Disclosure for our operational business purposes. We do not sell CA Residents’ CA Personal Information and will not do so without proper notice and choice (e.g., opt-out rights) as required under the CCPA.

c. Right to Know and Deletion Requests. CA Residents have the right to request that we disclose the categories and/or specific information of CA Personal Information we have collected about them. For all Subscribers, the categories of information we collect, the categories of sources of that information, the business or commercial purposes for which the information was collected, and the categories of third parties with whom it was shared are described above. CA Residents also have the right to request that we delete the CA Personal Information we collected from them, subject to certain exceptions (such maintaining the information to continue to provide our services).

CA Residents may submit requests to know the specific pieces of CA Personal Information collected about them or to have their personal information deleted by emailing us at info@Marketecture.tv. We will only be able to honor such requests for CA Residents whose identities we can verify.

d. Platform Subscribers’ CA Personal Information,We consider the Third Party Platform to be the Business with respect to Platform Subscriber Usage and Device Information provided to us by Third Party Platforms for marketing and advertising purposes. This may be considered the CA Sale of this information to us by the Third Party Platform. CA Residents who stream Marketecture Content via one of the Third Party Platforms listed in Section 2.d above should review the privacy policy for that platform to understand the notice and opt-out choices it provides with respect to the sale of this information to Marketecture. We will not further sell this information unless the Third Party Platform provided notice and an opt-out right with respect to the sale of their CA Personal Information. We will act as a “Service Provider” (as defined in the CCPA) for the Third Party Platform with respect to the delivery of advertising to any CA Resident who opt-outs of the Third Party Platform’s sale of this information to Marketecture.

e. Authorized Agents.CA Residents may use an authorized agent to submit an opt out, right to know or delete request on their behalf provided that the CA Resident gives the authorized agent written permission to do so, the authorized agent submits verifiable proof of such written permission and their identity to us, and the CA Resident subsequently verifies to us that permission has been provided. CA Residents or their authorized agents can contact us at CCPA@Marketecture.com for instructions and identity verification requirements for authorized agent requests.

f. Shine the Light Law (Cal. Civ. Code § 1798.83).A separate California law requires that we provide CA Residents with notice and choice with respect to the disclosure of their personal information to third parties for marketing purposes. We provide this notice and choice in Sections 4.e, 6.b and 6.c above. This satisfies our obligation to otherwise maintain or furnish users with a list of the names and addresses of third parties who receive Personal Information from us for marketing purposes.

g. CA Privacy Questions. If you are a CA Resident and have additional questions regarding our collection, use or sharing of your CA Personal Information, or your CCPA or Shine the Light law rights as described in this Section, you may send us your questions by email to the Privacy Administrator at info@Marketecture.tv . All requests should be labeled “Your California Privacy Rights” on the email subject line. For all requests, please clearly state that the request is related to “Your California Privacy Rights”.

9. USING OUR SERVICES OUTSIDE OF THE UNITED STATES

This Privacy Policy is intended to cover collection of information on or via our Marketecture Service from residents of the United States. If you are using our Marketecture Service from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data privacy and protection laws of the United States might not be as comprehensive as those in your country. By using our Marketecture Service, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy, and you consent to such transfer.

10. CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy at any time. We will notify you of material changes by posting the revised Privacy Policy on the Site. We encourage you to periodically review the Privacy Policy to inform yourself of any changes. The revised Privacy Policy will be effective on the date it is posted unless the revised notice states otherwise. You understand and agree that, if you use the Marketecture Service after the effective date of the updated Privacy Policy, Marketecture will consider your use as acceptance of the updated Privacy Policy. If we make material changes that will result in a new use, disclosure, or permission of access to PII previously collected, we will obtain your appropriate consent before implementing such change as required by applicable law.

11. HOW TO CONTACT US

Please contact us if you have any questions about this Privacy Policy: Marketecture Media, Inc., Inc. 572 Grand Street, G1301, New York, NY 10002 Attn: Legal Dept. info@Marketecture.tv