TOK.TV PRIVACY STATEMENT – November 2016

This Privacy Statement is prepared and entered into in the English language only, whose language shall be controlling in all respects. Any translation of this Privacy Statement into any other language are for reference only and shall have no legal or other effect.

This Privacy Statement describes the data privacy policies of TOK.tv, Inc. (“TOK.tv” or “us”) for data collected through (1) tok.tv (the “Site,” including any successor web sites), and (2) any Services provided through the Site, and (3) any Services provided through mobile applications powered by the TOK.tv SDK. Any capitalized terms not defined in this Privacy Statement shall have the meanings given in TOK.tv Terms of Use.

TOK.tv complies with the European Union (EU)-US Privacy Shield Framework regarding the collection, use, and retention of personal information from EU member countries. TOK.tv has certified that it adheres to Privacy Shield Principles and it is subject to investigatory and enforcement powers of the Federal Trade Commission. In compliance with Privacy Shield Principles, TOK.tv commits to resolve complaints about our collection or use of your Personal Data. EU individuals with inquiries or complaints regarding our Private Shield policy should first contact Funambol by emailing info@tok.tv. TOK.tv adheres to an independent recourse for investigating unresolved complaints regarding Privacy Shield commitments as prescribed by JAMS at http://www.jamsadr.com/adr-spectrum/. If you do not receive timely acknowledgment of your complaint from us or if we have not addressed your complaint to your satisfaction, please visit JAMS for more information or to file a complaint. If your complaint has not been resolved by JAMS, under certain conditions, it is possible to seek recourse through binding arbitration. To learn more about Privacy Shield and to view TOK.tv’s certification, visit https://www.privacyshield.gov.

By submitting any information or registering for any TOK.tv Services, you agree (1) to comply with the terms and conditions of this Privacy Statement, and (2) that TOK.tv may process (i.e., collect, use, etc.) your Personal Data as described in this Privacy Statement or the TOK.tv Terms of Use.

You expressly consent to the processing of your Personal Data according to this Privacy Statement. Personal Data may be processed by TOK.tv in the country where it was collected as well as other countries (including the United States) where laws regarding processing of Personal Data may be less or more stringent.

1. INFORMATION COLLECTION AND USE

1.1 Generally

TOK.tv allows you to submit Personal Data through the Site and the Services. “Personal Data” is information about you that is personally identifiable to you as well as other non-public information to the extent that it is associated with the foregoing.

1.2 Registration

When you register with TOK.tv, you submit the following types of Personal Data to TOK.tv: your e-mail address, and/or your Facebook credentials.

1.3 Additional Information

In order to help you find and connect with users you know or help other users find and connect with you, we might sync your Facebook friends and your mobile address book on our servers. If you send TOK.tv an email or a mail (to provide feedback or to ask a question regarding the Site or Services), TOK.tv will collect any information contained in such communication. TOK.tv may retain those communications in order to process your inquiries, respond to your requests, and improve the Services. TOK.tv will treat the Personal Data in such communication in accordance with this Privacy Statement.

1.4 Audio Content Recognition

The TOK.tv services might include an audio content recognition technology for the purpose of matching background advertising (e.g. on TV) and providing a corresponding advertising on the app. The content is recognized by using the mobile phone microphone. The audio is immediately secured and processed into a “Fingerprint”. The Fingerprint is then encrypted, compressed and transferred to a server for content matching. If the content is successfully recognized then we send information about the content to the mobile app. To help ensure user privacy and security, after the matching attempt, the Fingerprint is immediately deleted on the mobile device and the server. Even if someone was to get a Fingerprint, it is impossible to understand any recognizable audio from these Fingerprints.

1.5 Location Information

We may  determine your location by using data from your device, such as precise location information from GPS, information about wireless networks or cell towers near your mobile device, or your IP address. We may use and store information about your location to provide features of our Services and to improve and customize the Services, including advertising.

1.6 Private Messages

We provide a feature that allows you to communicate privately with other users via text messages. When you privately communicate with others through our Services, we will store and process your communications, and information related to them. While these feature are intended to be private, please remember that recipients may copy, store, and re-share the contents of your communications.

1.7 Advertising

Our Services might be supported by advertising. We may use the information described in this Privacy Policy to help make our advertising more relevant to you, to measure its effectiveness and to help recognize your devices to serve you ads on and off of the TOK.tv services.

1.8 Use of Account Data

We may use your Account Data for license reporting and assessment of service levels; to better understand how our Site and Services are used; to gauge traffic patterns and determine what types of content and services are most popular with users; to contact you with information about TOK.tv and third party products, services, news and events, including advertising. If at any time you no longer wish to use the service for any reason, including you do not want TOK.tv or third parties to use your Personal Data, you can terminate your account per Section 5 below.

1.9 Cookies and Log Files

We use information that we collect through cookies and log files to understand our users ‘ preferences and to improve the Site and the Services.

A cookie is a piece of data stored on the user ‘s computer tied to information about the user. We use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user ‘s hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions. If you choose to disable cookies, some areas of the Site and the Services may not work properly.

In our log files, we collect information such as internet protocol (“IP”) addresses, browser type, internet service provider (“ISP”), referring/exit pages, platform type, date/time stamp, and number of clicks. Log file information may be linked to your Personal Data.

1.10 Anonymous Information

TOK.tv may use any non-personally identifiable information that it collects or stores for any purpose it deems appropriate.

1.11 Children

TOK.tv does not intentionally gather Personal Data about visitors who are under the age of 16.

2. COMMUNICATIONS

2.1 Special Offers and Updates

We might send new members a welcoming email to verify password and username. Established members will occasionally receive information on products, services, special deals, and a newsletter. We present the option to not receive these types of communications.

2.2 Service Announcements

We may send you service related announcements, including, for instance, when a Service is temporarily suspended for maintenance. Generally, users may not opt-out of these communications, though they can deactivate their account.

3. DISCLOSURE

3.1 Limited Data Sharing with Third Parties

We may share your Personal Data with third parties in accordance with this Privacy Statement.

As noted in the TOK.tv Terms of Use, it is your responsibility to maintain the secrecy of your password; if another person obtains your password, that person may access and misuse your Personal Data.

We may need to provide your Personal Data to third parties to deliver specific services to you (such as hosting services, support services and advertising). These third parties are required not to disclose your Personal Data and not to use your Personal Data other than to provide the services requested by TOK.tv. If a third party providing services on our behalf processes your Personal Data in a manner that violates Privacy Shield Principles, the third party is liable for damages unless it is proven that TOK.tv is responsible for the event giving rise to the violation.

TOK.tv may share some or all of your Personal Data with its affiliates, in which case we will require our affiliates to honor this Privacy Statement. If our company or our assets are acquired by another company, that company will possess the Personal Data collected by TOK.tv and it will assume the rights and obligations regarding your Personal Data as described in this Privacy Statement.

We may share aggregated or non-personally identifiable information with our business partners but such information is not linked to your Personal Data.

3.2 Legal Requirements

TOK.tv may disclose Personal Data if required by a subpoena or other judicial or administrative order, if required by law, or, at its sole discretion, if TOK.tv deems it necessary to protect the safety of any individual or the general public or to prevent violation of the Terms of Use Agreement or the rights of TOK.tv or any third party. To comply with Privacy Shield, TOK.tv may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

3.3 Security

TOK.tv uses industry standard security measures to protect against the loss, misuse and alteration of the information under our control. Although we make good faith efforts to protect the storage and transmission of your Personal Data, we cannot guarantee complete security. You should know that unauthorized persons may access your stored Personal Data or intercept transmissions of your Personal Data.

Please be aware that, whenever you voluntarily post information to message boards or any other public forums, such information can be accessed by anyone and, if such information includes your contact information, third parties may use it to send you unsolicited communications.

4. LINKS

The Site may contain links to third party sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of other sites.

5. UPDATING PERSONAL DATA

We realize that your Personal Data is subject to change. You may edit your Account Data at any time (provided that it remains accurate). If you wish to have TOK.tv delete your Account Data, you may terminate your account at any time. However, any information deleted from our production servers may remain in our archives or backups.

6. CHANGES TO THE TOK.TV PRIVACY STATEMENT

If we change the Privacy Statement, we will post the new Privacy Statement on the Site with a link from the Site ‘s homepage, so that you are always aware of our data privacy practices. Any substantive changes to the TOK.tv Privacy Statement will be posted 30 days prior to taking effect (for any existing users).

7. CONTACTING TOK.TV

If you have questions about anything related to this Privacy Statement please contact TOK.tv at info@tok.tv.