V America Operations Inc. Enhanced Viewing Service Privacy Notice

Summary Addressing This Smart TV’s Data Collection

V and its affiliates offer an Enhanced Viewing Service that uses Automatic Content Recognition (“ACR”) technology to collect certain data from this Smart TV, as described fully in Section 2 below and including:

• this Smart TV’s identifier, IP address, apps and service usage data, and
• viewed content information.

If you opt in to this service, the data collected is used and shared with third parties to:

• improve your Smart TV’s picture and sound quality in real time;
• provide personalized content recommendations and interactive features;
• deliver targeted advertising, including on other devices connected to your home network, through our advertising partner Nexxen and its partner network; and
• create audience profiles from your viewing habits for market research and advertising purposes.

Important: Your household IP address may be used to identify and target advertising to other devices in your home (for example: phones, tablets, computers). This data sharing may constitute a sale or sharing of personal information under applicable law.

If you opt in to the Enhanced Viewing Service, data is collected about any content on your devices, including content intended for children. As such, if a member of your household is under 18, a parent or guardian should make this selection. If you are under 13, do not proceed without parental consent.

If you opt in to the Enhanced Viewing Service now, you can opt out at any time in Settings: select “Enhanced Viewing Service” and then you can use the toggles to opt out or stay opted in to each of the listed functions. If you do not consent, you will still receive ads, but they will not be tailored to your viewing habits. You can change your selection at any time in Settings.

For full details, including data retention periods, your rights, and our advertising partner Nexxen, see below or visit https://nexxen.com/services-privacy-policy. To see Nexxen’s partners and how they may use data about you and your household visit https://nexxen.com/acr-data-partners.

It is your responsibility to inform other members of your household that this data is being collected. More information about our collection and use of personal information is available in the Privacy Policy (https://www.v-home.com/privacy) accessible through the Smart TV’s Settings menu. If you are under 18, please ask your parent or guardian to answer.

V America Operations Inc. Enhanced Viewing Service Privacy Notice

V America Operations Inc. (“V,” “we,” “us,” or “our”) is a technology and innovation company whose objective is to build market-leading smart device operating systems (“OS”) and content platforms that place the consumer at the center of the experience. This Enhanced Viewing Service Privacy Notice (“EVS Privacy Notice”) applies to the information we collect or share through the Enhanced Viewing Service (the “EV Service”) that may be available as an optional service within Devices running a V OS and through which this EVS Privacy Notice is made available.

In this EVS Privacy Notice, we describe the types of information collected to provide the EV Service, how we use the information, with whom we share the information, and the choices available to you regarding your use of the information. We also describe the measures we take to safeguard your personal information and tell you how to contact us about our data protection practices. This EVS Privacy Notice should be read in conjunction with our Privacy Policy, which is available on your Device and at https://www.v-home.com/privacy. For purposes of this EVS Privacy Notice, “Device” means a device or hardware through which this EVS Privacy Notice is made available, including, but not limited to, a smart television set.

1. What is EV Service?

The Enhanced Viewing Service is an optional service designed to provide you, if you opt in, with useful, interactive features and interest-based advertisements offered by us and third parties across various devices connected to the same IP Address as your Device. When operating, the EV Service can also adjust your sound and video quality in real-time based on what is being displaced on your Device. Where available, the service can be activated during the initial setup of your Device or any time after within the Device’s settings.

Please Note: EV Service is not available in all locations nor in all makes and models of Devices. It may not currently be available on your Device, even if you opt in to the EV Service. If EV Service is not currently available in your location, then the EV Service features noted immediately above will not be delivered to your Device. If you do opt in, and your Device supports it, EV Service will be activated automatically once EV Service is available in your location.

If you have opted in to enabling the EV Service on your Device, the EV Service will continuously analyze audio from any onscreen content accessed or displayed on your Device at that moment, including content from any set-top-boxes, media players, gaming consoles, over the air broadcast, or other audiovisual sources playing through your Device.

The ACR service also generates a random number to associate with this device, which, for instance, for a smart TV would be called a “SmartTV Identifier”. The Digital-print, your IP Address and applicable Device identifier are referred to collectively as “Device Viewing Data”.

The ACR service analyzes Device Viewing Data in combination with other data or information from the ACR service (as described in Section 2 below), or third-party services, and produces aggregate, de-identified analytics (including user profiles, statistics, metrics, abstractions and other analyses) that the ACR service uses to deliver more relevant advertising on other devices that share the IP address of this Device, and, where available, to automatically adjust the picture mode and sound mode so as to match with the then current content displayed on this device. The Device Viewing Data may also be used to create aggregated, anonymized reports used to help third parties understand general viewing trends. Any data or information exchanged between this Device and the ACR service provider(s) in this process is governed by this Privacy Notice and the privacy policy of our advertising partner, Nexxen, which is available at https://nexxen.com/services-privacy-policy/.

2. Information Collected

If you have opted in to the EV Service, information may be collected about and from your Device, including:

• Device information, such as your device model, operating system version, IP address, Device Identifier, device configurations and settings and other device identifiers, including a Nexxen-generated Household ID;
• Device usage and log information about how, when and for how long you use your devices, including your interactions with the EV Service, our app, and third-party apps and services on the Devices;
• Your Device viewing history, including information about the networks, channels, and programs viewed on your Device and the amount of time spent viewing them. This information is used to produce aggregate, de-identified analytics (user profiles, statistics, metrics, abstractions and other analyses) that cannot be used to identify you (“Analytics”). The Analytics will be used by us and our authorized ACR service provider(s) and select third-party content providers to automatically adjust (where available) the picture mode and sound mode to match with the then-current content displayed on the Device and to deliver more relevant advertising to other devices that share the IP Address associated with your home network;
• Generalized location information about you or your devices, such as your country, city, state, designated market area/region, zip code;
• Program and Advertising viewership behaviors, such as viewing start/end times, device setting indicators (tuner, app, external), and metadata related to programs, stations, and advertisements viewed; and
• Inferences drawn from the information identified above to create a profile about a consumer reflecting the consumer’s preferences.

We also may collect other information about you, your devices and apps in ways that we describe to you at the time of collection or otherwise with your consent.

3. How Your Information is Used

We, and our authorized ACR partner, Nexxen, may use the information obtained through the EV Service to:

• optimize sound and video quality based on the content you are currently watching on your Device;
• provide you with Device-specific viewing recommendations;
• provide you with relevant advertising that is personalized based on your viewing history;
• provide you with the EV Service on your Device and across your devices;
• improve and customize your experience with the EV Service;
• respond to your requests and enquires;
• operate, evaluate and improve our business (including developing new products; enhancing and improving our products and services; managing our communications; analyzing our products, customer base and services; conducting market research; performing data analytics and performing accounting, auditing and other internal functions);
• protect against identity theft, and prevent fraud and other criminal activity, claims and other liabilities; and
• comply with and enforce applicable legal requirements, relevant industry standards and our policies, including this EVS Privacy Notice and our Privacy Policy (https://www.v-home.com/privacy).

We may combine information about your online activities over time and across other our and third-party devices, apps, websites and online services. We also may use the information we obtain in other ways for which we provide specific notice at the time of collection or otherwise with your consent.

4. Information Sharing

Nexxen and V may share your personal information with their subsidiaries, affiliates, service providers, contractors, agents, advisors and business partners for the purpose of providing the EV Service. We may disclose personal information and geographic information with our vendors for the purposes described above and with third-party advertising partners, who may provide you with relevant advertising.

We and our third-party service providers may also disclose information about you (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) in response or requests by government agencies, such as law enforcement authorities; (3) to establish, exercise, or defend our legal rights; (4) when we believe disclosure is necessary to appropriate to prevent physical or other harm; (5) in connection with an investigation of suspected or actual illegal activity; (6) in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, reorganization, dissolution or liquidation); or (7) otherwise with your consent.

We do not share personal information collected about you through the EV Service except as described in this EVS Privacy Notice and our Privacy Policy (https://www.v-home.com/privacy).

5. Right to Opt out of Sale or Sharing of Personal Information with Third Parties or Targeted Advertising for Residents of Certain U.S. States

Users must opt in to the EV Service and its functions, such as targeted advertising, and all users may opt out of the EV Service entirely or of targeted advertising at any time. If you would like to opt out, please select the “Do Not Sell or Share My Personal Information” link within the “Settings” menu of your Device. And as described in more detail in the V America Operations Inc. Privacy Policy (https://www.v-home.com/privacy), depending on your U.S. state of residence, you may have additional privacy rights with respect to your personal information. To learn more or to exercise those rights, please see Section 20 of the V Privacy Policy (https://www.v-home.com/privacy). Alternatively, you may direct us to not to sell or share your Personal Information by contacting us as provided in the “Contact Us” section below.

6. Your Choices

We offer you certain choices in connection with the personal information we obtain about you through the EV Service. You can revoke your consent for processing EV Service by turning off this feature anytime through your Device “Settings” menu. If you reset the Device Identifier on your Device any data collected and associated with your previous Device Identifier will no longer be used to deliver device-specific viewing recommendations or more relevant advertising. Please note that if you reset your Device Identifier, it may take some time for our systems to update your information due to technical reasons. Please also note that resetting your Device Identifier will not stop the delivery of Device-specific viewing recommendations or more relevant advertising to you, and will continue to automatically adjust the picture mode and sound mode so as to match with the then current content displayed on this Device. To opt out of receiving Device-specific viewing recommendations or more relevant advertising and disable automatically adjust the picture mode and sound mode, please adjust the setting on your Device, as described above.

7. How We Protect Personal Information

We maintain physical, administrative, technical and organizational safeguards designed to maintain the confidentiality and security of the personal information we obtain through the EV Service against accidental, unlawful or unauthorized destruction, interference, loss, alteration, access, disclosure or use. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through use of the Device or our operating system.

8. Updates to Our EVS Privacy Notice

This EVS Privacy Notice may be updated periodically to reflect changes in practices with respect to the EV Service or changes in applicable law. We will indicate at the top of this EVS Privacy Notice when it was most recently updated. If we make material changes, we will present you with a copy of the new notice.

9. How to Contact Us

To ask us questions about this Privacy Notice, please contact us by sending an email to privacy@v-home.com or by mailing us at:

V America Operations Inc.

3600 Mansell Road, Suite 300

Alpharetta, Georgia 30022

If you are based in EEA or EEA residents, you may also contact our EU representative:

     VERDATA Datenschutz GmbH & Co. KG       

       Roemerstr. 12       

       D – 40476 Duesseldorf       

       Email: vidaa.representative@verdata.eu