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Privacy Policy - GDPR

The following Privacy Policy will apply to the use of any Vodevolution and The B Company services beginning on May 25, 2018, though you are invited to review and accept its terms at any time before such date.

The B Company CH-501.1.016.373-4 ("THEBC," "we," "us," or "our") respects your privacy and is committed to protecting the Personal Data it collects. The purpose of this Privacy Policy is to inform you of how we protect your privacy when accessing or using THEBC Resources.

This Privacy Policy applies to THEBC Resources that link to, or reference, this Privacy Policy, and describes the ways THEBC collects and uses your personal information and the choices you have regarding collection, use, maintenance, access and transmission of your personal information. Capitalized terms not expressly defined in this Privacy Policy shall have the meaning found in the Customer Agreement. By utilizing a THEBC Resource, including without limitation the THEBC Services, THEBC's website or otherwise providing your Personal Data to THEBC via any other means, you or the entity you represent ("you" or "your") accept and consent to the rights, obligations and practices described in this Privacy Policy.

  1. Who does the Privacy Policy apply to?

  2. This Privacy Policy applies to all Customers of, and Visitors to, any THEBC Resource or THEBC Service. In the case of Customers, the Account Holder shall be responsible for (i) informing their End Users, if any, of the existence of this Privacy Policy, as well as any amendments, updates or modifications made to this Privacy Policy and (ii) agreeing to this Privacy Policy, as amended, updated or modified from time to time, on behalf of his, her or its End Users.

  3. What Personal Data is Collected by THEBC?

  4. THEBC considers any information that can be used to directly or indirectly identify you to be Personal Data, including without limitation, Personal Data that is accessed, collected, maintained, transmitted and/or used by THEBC in the normal course of our business, and is subject to the provisions of this Privacy Policy and applicable law.

  5. How is Personal Data Collected by THEBC?

  6. THEBC collects and logs your IP address, the time and duration of your visit, the time and duration of the pages on THEBC's website that you view (where applicable) and information about your computer system, such as your browser type and operating system, whenever a THEBC Resource is accessed or used by you. In the case of Customers, we collect, maintain, transmit and/or use Personal Data provided by you in your Account, including without limitation, your full name, THEBC identification number, billing data and contact information.

  7. THEBC also collects anonymous usage information on Visitors to its website through use of Google Analytics. Google Analytics may employ third party tracking cookies to gather anonymous browser, operating system, geographic, and website navigation information. Use of the THEBC or Vodevolution Manager interface requires the acceptance of cookies for login session management purposes.

  8. THEBC will likely place a cookie on your hard drive during the web visit. A cookie is a unique alphanumeric identifier that THEBC uses to determine the number of unique Visitors that view its website, whether or not those Visitors are repeat Visitors, and the source of the visits. Cookies cannot be executed as code or used to deliver a virus. Other servers cannot read cookies and personal information cannot be gathered from cookies. Cookies are simply an identifier shared between you and THEBC to allow THEBC to improve the services THEBC offers to you through its website. If you do not wish cookies to be placed on your computer, then they can be disabled in your web browser. The option to do so is normally found in your browser's "security settings" section. However, please note, permanently disabling cookies in your browser may hinder your use of THEBC's website as well as other website and interactive services.

  9. A web beacon, also known as a web bug, is a small graphic (usually 1 pixel x 1 pixel), that is embedded in a web advertisement, email, or page on THEBC's website and Vodevolution Owned OTT platforms, which is invisible to you. When you view a page on THEBC's website, an e-mail or an advertisement, your web browser will request the web beacon from a web server, which in turn will set a cookie in your web browser containing a unique identifier. This unique identifier will be linked to log information that is used to track your usage of THEBC's website in order to determine the effectiveness of content and advertising campaigns.

  10. THEBC does not collect personal information about you as part of a web visit, but web visit information may be tied to other information (including personal information) that THEBC collects from you via chat, web forms, and the other means THEBC describes in this Privacy Policy.

  11. Why Does THEBC Collect Personal Data?

  12. For Customers

  13. THEBC may use your Personal Data to process your service requests, handle orders, deliver products and services, process payments, communicate with you about orders, provide access to secure areas of THEBC's website, and to enable THEBC to review, develop and continually improve the products, services and offers that it provides. THEBC also uses this information to prevent or detect fraud or abuses of THEBC's website and to enable third parties to carry out technical, logistical or other functions on its behalf.

  14. For Visitors

  15. THEBC uses Personal Data to send information about THEBC to Visitors and to contact them when necessary. THEBC also uses the information that it collects to improve the content of its website and as training aids for its employees. Visitors have discretion as to whether to grant information to THEBC upon THEBC's request for information.

  16. For Financial Information

  17. THEBC may ask Customers to enter credit card or account information in order to process orders for services placed with THEBC. Financial information provided via its website is transferred over a secure connection via Epoch, CCBILL, STRIPE, Braintree and PayPal, a payment processing companies. THEBC does not collect this information and will not authorize the release of the information to anyone not directly involved in processing the transaction. This information may be encrypted and stored for logging purposes by the payment processing companies above.

  18. Credit card numbers are used by the payment processing companies abov, only for processing payments and are not used for any other purposes. THEBC will ensure that appropriate security and confidentiality measures are in place in safeguarding your personal data.

  19. For Use Information

  20. THEBC uses website use information to measure interest in and develop its web pages and marketing plans, customize the content you view on your web visits based on your activity during past visits, and administer THEBC's website. In addition:

    • THEBC uses a Visitor's IP address to help diagnose problems with its servers, and to administer its website.

    • THEBC uses cookies to help it recognize Visitors as unique Visitors when they return to THEBC's website. THEBC also uses cookies to tailor content or advertisements to match your preferred interest; avoid showing Visitors the same advertisements repeatedly; compile anonymous, aggregated statistics that allow THEBC to understand how users use its site and to help it improve the structure of its website (THEBC cannot identify Visitors personally in this way); and count the number of anonymous users of its websites.

    • THEBC uses web beacons to count the number of times that its advertisements and web-based e-mail content are viewed. THEBC combines web beacon information with cookies to track activity on its website originating from advertisements and web-based e-mail content.

  21. For Support Information

  22. THEBC uses information that you provide to it via telephone calls, chat, e-mail, web forms and other communications to correspond with you about services you may be interested in purchasing. If you elect to purchase a service online using a web form, THEBC will use the information to establish your account. Information you submit in writing, such as chat, e-mail, and web form information is archived and may be tied to information that THEBC collects about your web visits. Your telephone call may be recorded for training purposes and THEBC may enter information you provide via telephone into its systems to use for the purposes described in this paragraph.

  23. THEBC's Disclosure of Personal Data to Regulatory Agencies

  24. THEBC transfers Personal Data to third parties, including without limitation, law enforcement agencies and consumer reporting agencies, under the following normal business procedures:

    • THEBC uses a Visitor's IP address to help diagnose problems with its servers, and to administer its website.

    • THEBC uses cookies to help it recognize Visitors as unique Visitors when they return to THEBC's website. THEBC also uses cookies to tailor content or advertisements to match your preferred interest; avoid showing Visitors the same advertisements repeatedly; compile anonymous, aggregated statistics that allow THEBC to understand how users use its sites and to help it improve the structure of its websites (THEBC cannot identify Visitors personally in this way); and count the number of anonymous users of its websites.

    • THEBC uses web beacons to count the number of times that its advertisements and web-based e-mail content are viewed. THEBC combines web beacon information with cookies to track activity on its website originating from advertisements and web-based e-mail content.

  25. If you breach the Customer Agreement or other applicable Service Level Agreement, or if THEBC is under a duty to disclose or share your personal data in order to comply with any legal obligation, THEBC may disclose your information to a relevant authority. Disclosure may include, but is not limited to, exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. In particular, THEBC may release the information it collects to third parties when THEBC believes that it is appropriate to comply with the law, to enforce its' legal rights, to protect the rights and safety of others, or to assist with industry efforts to control fraud, spam or other undesirable conduct.

  26. THEBC may release the information it collects to third parties, where the information is provided to enable such third party to provide services to THEBC, provided that the third party has agreed to use at least the same level of privacy protections described in this Privacy Policy, and is permitted to use the information only for the purpose of providing services to THEBC.

  27. User Choice

  28. Subject to applicable law, you have the choice to and right to limit, restrict or deny THEBC's ability to share your Personal Data with third parties or use of your Personal Data for a purpose that is materially different from the purpose for which it was originally collected or authorized by you. In order to exercise your right to choose, please contact us at info@thebcompany.ch or info@vodevolution.com , or via postal mail or facsimile using contact information found on THEBC's contact page. Please note, in the absence of any notice to the contrary, you expressly grant THEBC e permission to share your Personal Data at THEBC's discretion.

  29. Security and Integrity of your Personal Data

  30. THEBC intends to protect and secure your Personal Data in accordance to the terms of this Privacy Statement and the Customer Agreement, and has implemented physical, administrative and technical measures designed to protect your Personal Data from unauthorized access, use or disclosure. These industry-standard safeguards are consistent with the ISO/IEC 27001:2013 standard, and include without limitation encryption of credit card information, password and/or cryptographic key-based authentication controls on servers which house personal information, browser-based secure sockets layer encryption, and other storage system access control mechanisms to protect the integrity of internal databases and prevent unauthorized access.

  31. THEBC requires all THEBC business partners and vendors to provide the same or greater protections for any Personal Data that is disclosed by THEBC in furtherance of our provision of a THEBC Resource to you.

Access to your Personal Data

  1. You control access to Personal Data maintained or stored by you via THEBC's and Vodevolution OTT web-based interface for account management. You may update your information at any time. You may cancel your account at any time and may request that your personal information be deleted from THEBC's databases, with the exception of: network access logs, which may be stored for any duration of time at THEBC's discretion, cases where financially fraudulent or otherwise illegal activity is deemed to have occurred (as determined by THEBC management or law enforcement officials), in which case personal information may be retained indefinitely for purposes of ongoing investigation and prevention of fraud recurrence, or cases where a violation of the Customer Agreement and applicable Service Level Agreement has resulted in cancellation of your account (as defined by revocation of your permission to utilize THEBC's services), in which case personal information may be retained indefinitely for purposes of prevention of further use of THEBC's services in the future by the offending individual.

  2. Upon request, THEBC will grant you reasonable access to Personal Data maintained by THEBC about you. In addition, we will take reasonable steps to correct, amend or delete information that is demonstrated by you to be inaccurate, incomplete or processed in violation of applicable law. Unless required by law, THEBC will not permit you to access the Personal Data of any Data Subject other than yourself.

  3. International Transfers of Personal Data

  4. THEBC is an international organization headquartered in Switzerland. By utilizing a THEBC or VodEvolution Resource, you expressly consent to THEBC's access, maintenance, transmission and/or use of your Personal Data outside of your country of residence, regardless of location or jurisdiction.

  5. In addition to its obligations under CH law, THEBC supplements the protection of the international transfer of your Personal Data by observing numerous industry best practices.

  6. Sensitive Information

  7. THEBC will not intentionally collect or maintain, and requests that you do not provide, any information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs or other sensitive information. If you host any material or information that is sensitive or any other law or regulation, such information and compliance with applicable privacy laws remains solely your responsibility. THEBC is not responsible for any sensitive information stored by you on its system.

  8. Children's Online Privacy Protection

  9. THEBC's services are not designed for or directed to children under thirteen (18) years of age and THEBC will not intentionally collect or maintain information about anyone under thirteen (18) years of age.

  10. Unmanaged Service

  11. You bear sole responsibility for maintaining the security of virtual private server ("VPS") environments maintained under your account(s). You are solely responsible for ensuring compliance with any and all applicable privacy guidelines and regulations for all jurisdictions in which you may operate with respect to appropriate practices for the collection, storage, and dissemination of personal information using your THEBC VPS. In no event shall THEBC be held liable for your failure to adopt and/or practice appropriate measures for safeguarding personal information stored within or transmitted through your THEBC VPS.

  12. Dispute Resolution

  13. Please direct any complaints regarding this Privacy Policy to us at info@thebcompany.ch / info@vodevolution.com, or via postal mail or facsimile using contact information found on our contact page. We will attempt to resolve any such complaints in a reasonably timely manner and in accordance with this policy.

  14. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our Swiss based third party dispute resolution provider.

  15. Enforcement

  16. If you believe your Personal Data has been used in a way that is not consistent with this Privacy Policy, or if you have further questions regarding this Privacy Policy, please contact our Custodian of Records info@thebcompany.ch.

Changes

  1. Amendments to this Privacy Policy may be made at any time and you should check back frequently for any changes. THEBC will also provide public notice of amendments to this Privacy Policy on the appropriate THEBC Resource. Unless otherwise directed by you in writing to the Custodian of Records, you agree that THEBC shall have the right and ability to amend this Privacy Policy at THEBC's sole and absolute discretion, and that you waive any requirement for specific or expressed acknowledgement or agreement to any such amendments or modifications. This Privacy Policy was last updated on May 24, 2018.

  2. Verification

  3. THEBC utilizes the self-assessment approach to assure its compliance with its Privacy Policy. THEBC regularly verifies that the Privacy Policy is accurate, comprehensive, prominently displayed, completely implemented and in conformity with applicable international law. THEBC conducts its self-assessment on an annual basis to ensure that all relevant privacy practices are being followed. Appropriate employee training is in place and internal procedures for periodically conducting objective reviews of compliance are in place. A statement verifying this self-assessment is signed by a corporate officer or other authorized representative at least once per year.