Last Updated: June 30, 2019
Additional Terms for the Services on Apple Devices
Nielsen Product Terms
These Nielsen Product Terms ("Nielsen Product Terms") are between Frndly TV, LLC ("Frndly TV", "we", "us", "our") and you.
These Nielsen Product Terms shall be governed by the laws of the State of New York, United States of America, without regard to its choice of law provisions. The parties agree to the exclusive personal jurisdiction of the State and Federal courts located in New York County, New York for the purposes of resolving all disputes arising in connection with this Agreement and each party hereby waives all objections to venue in those courts.
Frndly TV Free Trial Offer Terms and Conditions
Offer/Offer Termination: Offer is a free trial of Frndly TV™ Basic, Classic or Premium subscription package for a period of up to 7 days ("Trial Period"), redeemable at www.frndlytv.com ("Trial Offer" or "Offer"). Frndly TV reserves the absolute right to withdraw, cancel, early terminate, or modify this Trial Offer, or any element thereof, at any time and for any reason. After such time of termination, Frndly TV shall not be obligated to redeem any further Trial Offers.
Eligibility: This Trial Offer is offered to you in the 50 United States (and its territories) ("U.S.") and is open to U.S. residents 18 or older. You may only use this Trial Offer once. If you have subscribed to Frndly TV or have taken a free Trial Offer previously, you are not eligible. Current paying Frndly TV subscribers are not eligible.
What is Required and How a Trial Offer Works: Free Trial offers may differ. Generally, you will be asked to select your preferred Frndly TV package and to provide your email address in order to activate a Frndly TV account. You will then be asked to provide payment information to start your 7 days of the free Trial (you will not be charged at this time). Certain customers may receive a URL link directly from us or our affiliates; customers who receive this link may start their 7 days free Trial by clicking the link, entering their email address, and at that time will be asked to select their preferred Frndly TV package and provide payment information immediately (you will not be charged at this time). IMPORTANT NOTICE: At the conclusion of the applicable Trial Period, the free Trial Offer immediately expires and your account automatically converts to a paid subscription unless you affirmatively cancel before the end of the Trial Period. If you cancel before the expiration of the free Trial, you waive any remaining time of your free Trial and will no longer have access to the Services. To cancel your subscription, visit your Account page and select cancel subscription at the bottom of the page. If you continue with a paid subscription, your payment method will be immediately charged for the Frndly TV package you selected. Subscriptions automatically renew each month or annually depending on the option selected until cancelled. There are no refunds or credits for partial monthly or annual subscriptions.
General Offer Terms: Offer is not transferrable or assignable. Offer may not be combined with other promotions, discounts or offers unless expressly permitted and stated by Frndly TV in conjunction therewith. If for any reason the Offer, or any element thereof, is compromised or not capable of running as planned, due to virus, bugs, tampering, unauthorized intervention, fraud, cheating, technical failures, any force majeure event, artifice or any other causes similar or dissimilar, Frndly TV reserves the right to cancel, terminate, or modify the Offer or any element thereof at any time. Void where taxed, restricted or otherwise prohibited, and to employees of Frndly TV. Frndly TV’s decisions are final and binding.
Promotional Offers Terms and Conditions
Frndly TV reserves the absolute right to withdraw, cancel, early terminate, or modify any Offer, or any element thereof, at any time and for any reason. After such time of termination, Frndly TV shall not be obligated to redeem that Offer.
Eligibility: Each Offer is available in the 50 United States (and its territories) ("U.S."), and open only to U.S. residents 18 or older.
Offer Conditions and Limitations: unless expressly stated to the contrary by Frndly TV (or its affiliate or third party if applicable) in conjunction therewith, the following apply to each Offer:
Limited time only, and only while supplies last.
Limited to one-time use per customer/account.
Instructions for submission of information and Offer redemption must be strictly adhered to.
Limited to the dollar amount or discount specified.
Applicable only to the customer, subscription, and/or qualifying item, good or service specified.
Cannot be transferred, assigned, redirected, or resold.
Cannot be combined with other promotions, discounts or offers.
Cannot be applied to previous purchases, or towards any gift card/certificate (if applicable, and provided a gift card is not the stated benefit of the Offer).
Excludes taxes and any other fees. If a minimum purchase is specified, taxes and any other fees are excluded from that amount.
General Offer Terms: If for any reason an Offer, or any element thereof, is compromised or not capable of running as planned, due to virus, bugs, tampering, unauthorized intervention, fraud, cheating, technical failures, any force majeure event, artifice or any other causes similar or dissimilar, Frndly TV (or its affiliate or third party if applicable) reserves the right to cancel, terminate, or modify such Offer or any element thereof at any time. A waiver of any provision herein by Frndly TV does not constitute a future waiver of that, or any other provision. Any invalid, illegal or unenforceable provision shall be deemed severed (to the extent of its invalidity) and these Terms shall be construed and enforced without it. If you violate any Offer Terms, such Offer will be invalid. Void where taxed, restricted or otherwise prohibited, and to employees of Frndly TV. Frndly TV’s decisions are final and binding.
EFFECTIVE DATE: June 30, 2019
1. Information We Collect
"Personal Information" is data that can be used to uniquely identify or contact a single person. Personal information we collect includes your name, mobile phone number, email address, and payment information (such as payment card number, security code, billing Zip code and expiration date). In addition, we may take Personal Information you provide to us and aggregate it with information of other users and customers. To the extent that we can still identify you with this aggregated information, we will treat it as Personal Information.
There are a number of ways in which you may provide us with and consent to our collection of certain information, some of which may include Personal Information. However, if you choose not to provide certain information, certain features of the Services may not be available to you and some features may not function properly.
A. Information Provided by You
By way of example, you may provide information, some of which may be Personal Information, in the following circumstances:
We may also collect certain information using automated methods, and some of this information, whether alone or combined with other data, may be Personal Information. Examples of automatically collected information include:
Viewed Content. If you stop watching a program on a particular device, the Service provides the option for you to pick up the program where you left off when you launch the Service on a different device. To be able to do this, we must keep track of the content you have watched, when you watched the content, the point at which you stopped watching the content, make recordings of that content, and connect that information to your Account, along with identifying all devices you use in connection with your Account. The Service also permits you to pause, rewind or fast-forward content. To be able to do this, we must make recordings of the content you are watching and connect that information with your Account.
Location Information. We use various technologies to detect your general location, such as city or zip code.
B. Information We Receive from Third Parties
We may receive information about you (including Personal Information) from third parties. For example, if you are on another website and you opt-in to receive information from us, that website will forward to us your email address and other information about you so that we may contact you as requested. You may also choose to participate in a third party application or feature (such as one of our pages on Facebook or Twitter or another social platform or website) through which you allow us to collect (or the third party to share) information about you, including Personal Information.
2. Personal Information Use and Sharing
When your Personal Information is collected on the Services, it may be shared with selected third parties who assist us with our business operations, with the provision of the Services, with our marketing or advertising campaigns, or in delivering you the features and functionality that you have requested ("Third Party Processors"). These Third Party Processors include companies that send text messages or emails to authorize you to use the Services, process payment card information, and deliver materials to you via e-mail, for example. Third Party Processors are authorized to use the Personal Information that we provide to them to carry out the service they are providing for us, to manage, maintain, or improve their services, to combat fraud, or as required by law. We require the Third Party Processors by contract to have reasonable measures in place to secure your Personal Information and maintain it so that it can be accessed when needed for future purposes. All such Third Party Processors are contractually bound by us to keep the Personal Information confidential. Certain third party processors have additional rights to use Personal Information:
We may use your location to provide advertisements, offers and notices that are relevant to your geographic location and conduct analytics to improve the Services. We may also use location information to confirm that you are in the geographic area where we are permitted to provide the Services. Location information may be combined with other data and may be shared with third parties as described in this section 2.
As part of the Services, we will prepare and maintain information collected from the Services that is aggregated or otherwise altered so that it does not directly identify you and cannot reasonably be linked to you. We and our licensees, vendors, service providers, third party processors, and agents use and share such information for business purposes.
If we buy, merge, reorganize or sell any business or business assets, Personal Information and non-personal information will likely be disclosed or transferred as part of the transaction. If, in connection with a purchase, sale, merger or reorganization your Personal Information will be processed in a materially different way, our practice is to notify users who have provided us with an e-mail address via e-mail.
3. Other Information
A. Our Use of Other Information
We and third parties acting on our behalf use data collection technologies to help us to manage the operations of our Services and track usage behavior. These data collection technologies include:
ii. Web Beacons and Pixel Tags
We may also use web beacons and pixel tags (also known as web bugs and clear GIFs). Web beacons (also called single pixel gifs, clear GIFs, or web bugs) are Internet tools, such as transparent images on the Services or in emails that we may send you, that help us to determine, for instance, whether a page has been viewed or an email opened. For example, when you ask us to send you information, we may use web beacons to determine how many of the emails we sent were actually opened. A pixel tag is a type of web beacon embedded in an image on the Services. In general, any electronic image viewed as part of a web page, including a banner ad, may contain a pixel tag. We may use web beacons and pixel tags to help us optimize and tailor the Services for you and other future visitors to the website. Web beacons allow third parties to obtain information, such as the IP address of the computer that downloaded the page on which the web beacon appears, the URL of the page on which the web beacon appears, the time the page containing the web beacon was viewed, the type of browser used to view the page, and the information in cookies sent by the third party.
iii. Local Storage and Local Shared Objects
We may use local shared objects (LSOs) such as Flash Cookies and local storage, such as HTML5 Local Storage, to enhance user experience. Local storage is similar to browser cookies but can store data more complex than simple text. By itself, local storage cannot do anything to or with the data stored on your device. Like cookies, local storage can only access Personal Information that you have provided on the Services. Third parties with whom we partner to provide certain features on the Services or to display advertising based upon your web browsing activity may also use Flash cookies or HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5. To manage Flash cookies, please click here .
Information that we collect via the data collection technologies described in this section may be linked to other information about you and may be Personal Information. We may use the technologies described in this section, alone or in combination, to provide, manage and administer the Services, understand user behavior, target and measure the effectiveness of advertisements, send follow-up emails and advertising after visits to the Website, help diagnose problems, recognize repeat visitors, track and analyze usage behavior, facilitate your access to and use of the Services, or optimize the performance of the Services.
Your browser, such as Internet Explorer, Chrome, Firefox and Safari, may allow you to manage your cookies and local storage. Because each browser is a little different, we encourage you to check your browsers’ "Help" feature to learn how to block cookies, how to receive notification of new cookies, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all the Services and some parts of the Services may not function properly.
B. Use of Other Information by Third Party Processors
Our Third Party Processors may use the data collection technologies described in Section 3(A) in the same ways that we use those technologies. Third Party Processors are authorized to use the data collection technologies only to carry out the service they are providing for us, to manage and improve their services, and as required by law.
C. Use of Other Information by Third Parties for Analytics
We contract with third parties, including Google Analytics, that use data collection technologies to track, analyze and report data about the use of the Services and to analyze and optimize the performance of the Services. Information about Google Analytics is available at http://www.google.com/analytics/learn/privacy.html and www.google.com/policies/privacy/partners/ .
D. Digital Fingerprinting and Cross-Device Linking
Our service providers may use certain technological measures and third party databases and services to engage in digital fingerprinting and cross-device linking. These technologies may passively collect information about your device to develop a digital identifier for your device, which is then stored on your device to identify the device in various online transactions. This information is combined with other information regarding your use of the Services and third party databases and may be combined with information from your Account, including Personal Information. The device data that is collected by our service providers may be maintained to create a history and reputation of a particular device to help reduce online fraud and recognize your device in connection with the Services and advertising
4. Third Party Tracking
Third parties, other than our third party processors and vendors, do not have authorization from us to track which websites you visited prior to and after visiting our Services. That said, we cannot control third party tracking and there may be some third party tracking that occurs without our knowledge or consent.
For more information about the Ad Partners’ technologies and how they use the information collected by the technologies on the Services and your options not to accept cookies placed by some Ad Partners on the Services, visit the Network Advertising Initiative ("NAI") at https://optout.networkadvertising.org/ to change your consumer preferences with respect to certain online ads and to obtain further information about third party ad networks.
The opt-out described above is device- or browser-specific and may not work on all devices. If you choose to opt-out through the mechanism in this section, you still may see advertisements but the advertisements from NAI participants will not be based on your interests.
6. Opt Out; Changes in Personal Information
If you choose to opt-out of marketing email communications, such as newsletters, special offers, promotions, and special event invitations, you may do so at any time and without penalty by clicking on the link provided in the email to unsubscribe, contacting us at helpcenter.frndlytv.com or emailing us at firstname.lastname@example.org . You may not unsubscribe to communications regarding your Account, your Subscription or the Services. Unsubscribing to marketing communications from Frndly TV will remove you from the Frndly TV marketing email list, but we will still need to communicate with you about your Account, your Subscription, the Services or other request.
If you want to stop receiving text messages from Frndly TV, text "STOP" to "FRNDLYTV."
If you wish to update, correct or otherwise have access to your Personal Information in our records, please contact us at helpcenter.frndlytv.com, email us at email@example.com , or, if you have registered for an Account, log into your Account. We will not be responsible for modifying or removing Personal Information from the database of any third party to whom we were authorized to disclose your Personal Information prior to processing your request. Please note that any Personal Information that we have copied may remain in back-up storage for some period of time after your request.
We may request certain Personal Information for the purposes of verifying the identity of the individual seeking access to his or her Personal Information records.
You can also opt-out of future information collection from the Services by cancelling your Subscription. After you cancel your Subscription, Frndly TV retains certain parts of your information, including name, email address, phone number, and your payment card number to facilitate restarting your Service. If you want to delete your Account, you may contact us at helpcenter.frndlytv.com or email us at firstname.lastname@example.org , but without an Account, you will not be able to use the Services.
7. Links from the Services
Some of the Services use third party operating systems, platforms, communication services, devices, and software elements (such as mobile device operating systems, wireless services, mobile phone and tablet devices), and some of the Services are provided by third party distributors, device makers, device operators, platform operators, and communication services. We do not control these third party entities, products and services, and they may collect, use, process, transmit and disclose your information. For example, these third party entities, products and services may gather information from the Services in a manner that overrides your settings and preferences in the Services. As we do not control these third-parties’ data handling practices, we recommend that you review their privacy policies, terms of service and license agreements (if any).
8. Audience Measurement Providers
Some of the Services contain Nielsen’s proprietary measurement software which will allow you to contribute to market research, like Nielsen’s TV ratings.
9. Platforms and Devices
The Services operate on platforms and devices not controlled by us. Those platforms and devices may use, collect and disclose information, including your Personal Information, subject to their own privacy policies.
We have put in place procedures intended to protect your data. Please understand, despite these efforts, we cannot guarantee the security of your information given the current state of the Internet. Any transmission of information is at your own risk. We cannot guarantee protection of all electronic information from interception, misappropriation, misuse or alteration. We cannot guarantee that your information will not be disclosed or accessed by accidental circumstances or the unauthorized acts of third parties.
Our Services are not intended for children, and we will not knowingly collect information from children under the age of 13.
We encourage parents to talk to their children about their use of the Internet and the information they disclose online. If we learn that we have collected the Personal Information of a child under 13 without verifiable consent, then we will use reasonable efforts to delete the child’s information from our databases. If you become aware that we have collected Personal Information from a child without parental consent, please email us at email@example.com promptly.
If you are a California resident under age 18 and are a registered user of any of the Services, then you may request that we remove any submissions that you publicly posted on or in the Services. To request removal of a submission, please Contact Us and send a detailed description of the specific submission. We reserve the right to request that you provide information that will enable us to confirm that the submission that you want removed was created and posted by you. We will make a good faith effort to delete or remove your submission from public view as soon as reasonably practicable. Please note, however, that your request that we delete your submission does not ensure complete or comprehensive removal of your submission. Your submission may remain on backup media, cached or otherwise retained by us for administrative or legal purposes or your submission may remain publicly available if you or someone else has forwarded or re-posted your submission on another website or service prior to its deletion. We may be required by law to not remove or allow removal of your submission.
12. Notice to Non-United States Users
13. Your California Privacy Rights
Pursuant to Section 1798.83–.84 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, what types of Personal Information, if any, the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information in the immediately preceding calendar year. To access this information, please email us at firstname.lastname@example.org .
14. Changes to This Policy
15. Contact Information
Frndly TV, Inc.
1777 S Harrison St
Denver, CO 80210
EFFECTIVE DATE: July 1, 2020
Collection and Use of Personal Information
The list below describes the categories of personal information we collected from consumers and used for business or commercial purposes within the last twelve (12) months:
Disclosure and Sale of Personal Information
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, Company has disclosed the following categories of personal information to its service providers and other third parties for a business purpose:
Sales of Personal Information
In the preceding twelve (12) months, we may have disclosed information about you for purposes that may be considered a “sale” under the CCPA. For example, we may disclose information to our advertising partners and companies that provide advertising-related technology and services and data collection services in order to serve you with more relevant advertising tailored to your interests. We may also disclose information about you to our content programmers to help personalize the content and ads you see on the Services. This information may include the following:
Because we may disclose certain information about you for purposes that may be considered a “sale” under the CCPA, you have the right to opt-out of the sale of your personal information. You may exercise this right, subject to a verifiable consumer request, by emailing us at CCPA@frndlytv.com and putting "Do Not Sell My Info" in the subject line.
Your Rights and Choices
Request to Know. As a California resident, you have the right to request that we disclose to you (i) the categories of personal information we collected about you and the categories of sources from which we collected such information; (ii) the specific pieces of personal information we collected about you; (iii) the business or commercial purpose for collecting personal information about you; and (iv) the categories of personal information about you that we disclosed and the categories of third parties with whom we disclosed such information in the preceding 12 months.
Request to Delete. You also have the right to request that we delete personal information collected from you subject to certain exceptions.
Non-Discrimination. In addition, you have the right to not be discriminated against in pricing and services because you exercise any of your rights under the CCPA. We will not discriminate against you if you exercise your CCPA rights.
How to Make a Request
To exercise the rights described above, please submit your request to us by either:
In order for us to process a CCPA request, you must submit proof of your identity to ensure the request is a verifiable consumer request. We may not be able to comply with your request if we cannot either confirm your identity or connect the information you submit in your request with personal information in our possession. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. If we cannot comply with your request, we will notify you in accordance with the CCPA.
We will work to process all verified requests within 45 days. If we need an extension for up to an additional 45 days in order to process your request, we will provide you with an explanation for the delay.
Changes to this Notice