Privacy Policy

Effective: May 25, 2018

We are Telescope Inc. (“Telescope”). This Privacy Policy describes how we protect your data and respect your privacy. Any questions or concerns with respect to your data or privacy should be directed to info@telescope.tv.

1. APPLICABILITY OF THIS PRIVACY POLICY

This Privacy Policy applies to Telescope’s website located at https://telescope.tv and other Telescope websites and domains (collectively, the “Websites”), Telescope’s cloud-based platform and digital product solutions for real-time engagement, interactive campaigns, and live event experiences (collectively, the “Services”), and any other interactions (e.g., sales inquiries, customer support, etc.) you may have with Telescope.

This Privacy Policy does not apply to any third party applications or technology that may integrate with the Services, or any other third party products, services, or businesses (“Third Party Services”). While using the Services, you may be directed to a third party website via links or other references, which may take you to that third party website (“Third Party Websites”). This Privacy Policy does not apply to you or any other data collected from or provided by you to Third Party Websites. You should review such Third Party Services’ or Third Party Websites’ privacy policy (and such other terms and conditions) to determine how your data will be used before sharing any Personal Data.

2. NOTICE TO END USERS

BY VISITING THE WEBSITES, ACCESSING OR USING THE SERVICES, OR INTERACTING WITH ANY ASPECT OF OUR BUSINESS, YOU ACCEPT THE TERMS OF THIS PRIVACY POLICY AND EXPRESSLY CONSENT TO OUR COLLECTION, USE, AND DISCLOSURE OF DATA, INCLUDING PERSONAL DATA, PROVIDED TO OR OTHERWISE RECEIVED BY US FOR THE PURPOSES AND IN THE MANNER DESCRIBED IN THIS PRIVACY POLICY AND THE APPLICABLE CLIENT AGREEMENT.

A separate agreement governs the delivery, access, and use of the Services (the “Client Agreement”), including the processing of any “Client Data,” which is defined in the applicable Client Agreement but generally includes all data, materials, or other content provided by the Client to Telescope in any form and all data, materials, and other content used, generated, or stored in connection with the Client’s use of the Services. The organization that entered into the Client Agreement (the “Client”) procures the Services from Telescope and controls any associated Client Data. For example, if you participate in online voting, the Client is the organization procuring the Services for such television program (or other media content) for which you cast your vote. “Client” includes who have been authorized by the Client to access or use the Services on behalf of the Client. Telescope provides the Services on behalf of Clients. Your use of the Services may be subject to the Client’s policies, if any. If you have any questions about the Client’s privacy practices, please contact the Client whose instance of the Services you use. Telescope is not responsible for the privacy or security practices of our Clients, which may differ from those set forth in this Privacy Policy.

3. DATA WE COLLECT AND RECEIVE

Sometimes you provide us with data and sometimes data about you is collected automatically. To the extent data is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection laws, it is referred to in this Privacy Policy as “Personal Data.” You acknowledge and agree we may collect, process, store, access, and disclose Personal Data disclosed by you to facilitate the provision of Services in the manner described in this Privacy Policy and the applicable Client Agreement.

3.1 Client Data

    Client Data is governed by the Client Agreement. Client Data may include User Information, Hosted Data, or any Client Data otherwise defined in the Client Agreement. If you have any questions about your Personal Data with respect to Client Data, please contact the Client whose instance of the Services you use.

  • User Information. To use certain features of the Services or interact with the Client and/or the Client’s brand, products, or services, you may provide us with data about you, such as:
    • your name
    • address
    • email address
    • phone number
    • form field responses
    • unique identifier
    • social media account and profile information
      • avatar or profile page
      • user name
      • screen name
      • profile description
      • gender
      • age range
      • language
      • geographic region or location
      • publicly shared content (text, image, video, etc.)
    • any other applicable Personal Data that may identify you individually

  • Hosted Data. When you use or interact with the Services, we may collect, process, and store any data that is created, posted, uploaded, stored, displayed, transmitted, or submitted on or through the Services (collectively, “Hosted Data”), as a function of rendering the Services. Hosted Data may contain Personal Data to the extent you disclose Personal Data on or through the Services. Telescope is generally a passive recipient and takes no active part in collecting or storing Hosted Data. Except to the extent necessary to render the Services or related support for the Services, Telescope does not purposefully access any Hosted Data.

3.2 Other Information

    Telescope may collect Other Information from you related to your usage of the Services and interactions with Telescope. Other Information may include Metadata, Log Data, Technical Data, Cookie Data, Third Party Services, and Additional Information Provided to Telescope. If you have any questions about your Personal Data with respect to Other Information, please contact Telescope at info@telescope.tv.

  • Metadata. When you interact with the Services, metadata is generated that provides additional context about the Services and the way you use the Services (“Metadata”). Telescope collects aggregated Metadata of the Services, so that the resulting data and statistics are not personally identifiable to any individual user.
  • Log Data. Like most websites and web-based technology services, our servers automatically collect data when you access or use our Websites or the Services and record it in log files (“Log Data”). The Log Data may include your Internet Protocol (“IP”) address, Internet service provider (“ISP”), browser type and settings, information about browser plugins, language preference, default email application, referring/exit websites, operating system, date and time stamp, cookie data, and certain user activities.
  • Technical Data. Telescope collects technical data, such as information about devices accessing the Services, including the type of device, device settings, operating system, application software, peripherals, and unique device identifiers (“Technical Data”). Technical Data does include any Personal Data and Telescope does not relate any Technical Data to any individual user.
  • Cookie Information. Telescope uses cookies and similar technologies in our Websites and Services that help us collect Other Information. The Websites and Services may also include cookies and similar tracking technologies of third parties, which may collect Other Information about you via the Websites and Services. Cookies are small text files sent by us to your computer or mobile device for later retrieval. They are unique to you or your browser. Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser delete them or until they expire. We use both session-based and persistent cookies to help with authentication, security, identifying your preferences, analytics, and otherwise monitoring the functionality and performance of the Services. Most browsers are initially set to accept cookies. If you do not wish to have cookies placed on your computer or in local storage, you may adjust your web browser settings accordingly. However, restricting cookies may impede your ability to use the Services or certain features of the Services.
  • Third Party Services. Clients may choose to integrate with, and some Services are reliant upon integrations with, Third Party Services. Third Party Services may share certain data with Telescope to effectuate the integration. You should check the privacy settings and notices of these Third Party Services to understand what data may be disclosed to Telescope. When the Services are integrated with Third Party Services to enhance the Services (e.g., Facebook, Twitter, Instagram, etc.), we may receive data regarding your credentials for and use of the applicable Third Party Services, such as your user name, your unique identifier, and your information transmitted from or made available with permissions by such Third Party Services (e.g., avatar or profile image, screen name, profile description, gender, age range, language, geographic region or location, publicly shared content (text, image, or video), etc.). When the Services are integrated with Third Party Services for the login and authentication process (e.g., Google Sign-In, Facebook Login, Sign in with Twitter, OneLogin, etc.) and you log in to the Services using a Third Party Services authenticator, we may receive data regarding your credentials for the applicable Third Party Services, such as your log-in, your user name, your email, your unique identifier, profile picture, and your information transmitted from or made available with permissions by such Third Party Services (e.g., avatar or profile image, screen name, profile description, gender, age range, language, geographic region or location, publicly shared content (text, image, or video), etc.).
  • Additional Information Provided to Telescope. Telescope receives data when submitted on our Websites or through our Services, or if you contact us (e.g., by email, telephone, written correspondence, web based forms, or otherwise), request support, apply for or take a job with us, contract with us, interact with our social media accounts, or otherwise communicate with us.

3.3 No Sensitive Personal Data

    Telescope does not intentionally collect, process, or store, and we request that you do not post, upload, store, display, transmit, or submit Sensitive Personal Data on or through the Services or in Client Data. “Sensitive Personal Data” includes, but is not limited to, government-issued identification numbers; financial account numbers; credit or debit card numbers; any code or password that could be used to gain access to personal accounts; genetic data or biometric data; any Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership; or data concerning health or sex life or sexual orientation. Telescope is not responsible and will not be liable for any loss or damages you or another individual may experience due to your disclosure of Sensitive Personal Data while using the Services.

3.4 No Children’s Data

    The Services are generally not directed to or intended for children without parental or guardian consent. Telescope does not intentionally collect, process, or store any Personal Data from any person under 13 years of age without verifiable parental consent. In the event we discover we have inadvertently collected, processed, or stored any Personal Data from a person under 13 years of age, we will promptly take the appropriate steps to delete such data or seek the necessary verifiable parental consent for that collection in compliance with the Children’s Online Privacy Protection Act (“COPPA”).

4. HOW AND WHY WE USE DATA

Client Data will be used by Telescope in accordance with the Client’s instructions, including any applicable terms in the Client Agreement and the Client’s use of Services functionality, and as required by applicable law. The Client may, for example, use certain self-service Services to configure settings, access, modify, share, restrict, export, and remove Client Data and otherwise apply its own policies to the Services.

Other Information will be used by Telescope in furtherance of our legitimate interests in operating our business and providing the Websites and Services, to perform contractual obligations, and/or pursuant to your express consent for a specific purpose. Specifically, Telescope may use Other Information for these purposes and legal bases:

  • Providing the Websites and Services. To make the Websites available and support delivery of the Services under a Client Agreement, manage user requests interacting with the Services (e.g. login and authentication, remembering settings, etc.), hosting and back-end infrastructure, analyze and monitor usage, monitor and address service performance, security, and technical issues.
  • Improving the Websites and Services. To test features, manage landing pages, heat mapping, traffic optimization, data analysis and research, including profiling and the use of machine learning and other techniques over your data and in some cases using third parties to do this.
  • Support Services. To respond to support requests and otherwise provide support for and resolve problems with the Services.
  • Communications. To send service, technical, and administrative emails, messages, and other communications. Service-related communications and notices, such as maintenance and security announcements, are essential to delivery of the Services and you cannot opt-out. Marketing communications about new product features, service offerings, and other news about Telescope are optional and you have the choice whether or not to receive them.
  • Account Management. To contact for billing, account management, feedback, and other administrative matters.
  • Security Purposes. To maintain adequate security and help prevent and investigate security issues and abuse.
  • Legal Obligations. To comply with legal obligations as required by applicable law, legal process, or regulations.

5. HOW WE SHARE AND DISCLOSE DATA

Except as described in this Privacy Policy or the applicable Client Agreement, Telescope will not use or disclose your Personal Data for any purpose other than to the extent necessary to perform the Services and related support for the Services, unless you expressly consent to any other use or disclosure. Telescope may share and disclose data with respect to:

  • Client’s Instructions. Telescope will share and disclose Client Data, including Personal Data, in accordance with the Client’s instructions, including any applicable terms in the Client Agreement and the Client’s use of the Services functionality, and as required by applicable law. Pursuant to the Client Agreement, Client Data is generally treated as the confidential information of the Client unless stated otherwise.
  • Client Access. The Client and the Client’s representatives and personnel may be able to access, modify, or restrict access to your data, including Personal Data. For example, the Client may access and use your Personal Data for the purposes upon which you shared your Personal Data on or through the Services.
  • Displaying the Services. When you submit data on the Services, it may be displayed to the Client and/or others depending on the platform. For example, a user’s image uploaded to add the Client’s branding may be displayed in the Client’s public gallery, or a user’s vote submitted by a hashtag in a tweet may be publicly displayed on Twitter. You are solely responsible for all data you post, upload, store, display, transmit, or submit on the Services, including Personal Data, and the consequences thereof. Telescope is not responsible and will not be liable for the data disclosed on the Services.
  • Rendering the Services. Telescope employees and contractors may have access to your data on a need to know and confidential basis to the extent necessary to render the Services and related support for the Services.
  • Third Party Service Providers. Telescope engages third parties to process data in support of delivering of the Services (“Third Party Service Providers”). Telescope may share your data, including Personal Data, with Third Party Service Providers (e.g., email services, platform hosting, cloud computing services, data storage and processing facilities) to the limited extent necessary to let them perform business functions and services for us or on our behalf in connection with the provision of the Services; provided that such Third Party Service Providers process data in a manner consistent with this Privacy Policy and applicable data protection laws and will not use or disclose Personal Data for any other purpose. With respect to Personal Data of European Union and Swiss individuals received by Telescope pursuant to Privacy Shield, Telescope may be liable for onward transfers to third parties, unless Telescope proves that it is not responsible for the event giving rise to the damage.
  • Third Party Services. Clients may choose to integrate with, and some Services are reliant upon integrations with, Third Party Services. Telescope may share certain data with such Third Party Services as requested to effectuate the integration. Third Party Services are not owned or controlled by Telescope and Third Parties Services that have been granted access to your data may have their own policies and practices for its collection and use. You should check the privacy settings and notices of these Third Party Services to understand their privacy practices.
  • Changes to Telescope’s Business. If Telescope engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of its assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), Telescope may share or disclose data in connection therewith, subject to standard confidentiality obligations.
  • Aggregated or De-identified Data. If any data is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, we may use or disclose such aggregated or de-identified data for any purpose. For example, we may share aggregated or de-identified data with prospects or partners for business or research purposes, such as statistical analysis, to research trends and predictive analysis, or to develop or improve the Services.
  • Enforcement of Agreements. Telescope may disclose data to ensure compliance with and enforce Client Agreements and any other contractual or legal obligations with respect to the Services and our business. For example, we may share or disclose data to comply with or enforce the Client’s terms and conditions or other applicable rules set for a Service, such as for contests, sweepstakes, promotions, games, etc.).
  • Protection of Rights. Telescope may disclose data to protect and defend our rights and property, including intellectual property rights, and to ensure compliance with applicable laws and enforce third party rights, including intellectual property and privacy rights.
  • Legal Compliance. If we are compelled by law, such as to comply with a subpoena, court order, or other lawful process, or in response to a lawful request by public authorities to meet national security or law enforcement requirements, Telescope may disclose data if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation, or legal process.
  • Safety and Security. Telescope may disclose data to protect your safety and security; to protect the safety, security and property of Clients; and to protect the safety, security, and property of Telescope and our employees, agents, representatives, and contractors.
  • Your Consent. Telescope may disclose your data to third parties when we have your express consent to do so. For example, if you affirmatively consent and opt-in to the Client’s partner’s marketing messages, we will share your data with such Client’s partner only for that purpose.

6. RETENTION

Telescope will retain Client Data in accordance with the Client’s instructions, including any applicable terms in the Client Agreement and the Client’s use of the Services functionality, and as required or permitted by applicable law. Telescope may retain Other Information and any data pertaining to you, including Personal Data, for as long as necessary for the purposes described in this Privacy Policy, including for the period of time needed to pursue our legitimate business interests, provide the Client with the Services, conduct audits, resolve disputes, comply with contractual obligations (including but not limited to Client Agreements), and comply with (and demonstrate compliance with) legal obligations.

7. SECURITY MEASURES

Telescope maintains physical, technical, and administrative procedures to safeguard and secure the data we collect. We work hard to protect data in our custody and control from loss, misuse, and unauthorized access, use, disclosure, modification, or destruction. Unfortunately, no data transmission over the Internet is guaranteed to be 100% secure, and we cannot guarantee that unauthorized access, hacking, data losses, or other breaches will never occur. You provide Personal Data at your own risk. If you believe your privacy has been breached, please contact us immediately at info@telescope.tv.

8. IDENTIFYING THE DATA CONTROLLER AND DATA PROCESSOR

Data protection laws in certain jurisdictions differentiate between the “controller” and “processor” of data. In general, the Client is the controller of Client Data. In general, Telescope is the processor of Client Data and the controller of Other Information.

9. INTERNATIONAL DATA TRANSFERS

Telescope primarily processes and stores data in connection with the Services in the United States. However, the Services are global and all data, including Personal Data, may be processed and stored in any country where we have operations or where we engage Third Party Service Providers. We may transfer data, including Personal Data, to countries outside of your country of residence, which may have data protection laws that are different from those of your country. We will take measures to ensure that your Personal Data remains protected to the standards described in this Privacy Policy and any such transfers comply with applicable data protection laws. Courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Data.

9.1 EU-U.S. Privacy Shield Frameworks

    To comply with European Union data protection laws, Telescope self-certified under the EU-U.S. Privacy Shield Framework (“Privacy Shield”) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred from the European Union member countries to the United States. Telescope adheres to the Privacy Shield principles of: notice; choice; accountability for onward transfer; security; data integrity and purpose limitation; access; and recourse, enforcement, and liability. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield principles, the Privacy Shield principles shall govern with respect to Personal Data transferred from the European Union member countries to the United States. Telescope is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC). To view our certification, see Telescope’s Privacy Shield Notice. To learn more about Privacy Shield, please visit www.privacyshield.gov.
    Telescope commits to investigate and attempt to resolve complaints and disputes regarding our collection, use, or disclosure of Personal Data in compliance with Privacy Shield. European Union individuals with questions or complaints regarding the collection, use, or disclosure of their Personal Data or this Privacy Policy should first contact Telescope at info@telescope.tv. Telescope will respond to any such inquiries or complaints within forty-five (45) days.
    Telescope has further committed to refer unresolved Privacy Shield-related complaints to JAMS, an independent dispute resolution provider located in the United States. If you do not receive a timely acknowledgement of your Privacy Shield-related complaint from Telescope, or if we have not satisfactorily resolved your complaint or addressed your concern, please contact JAMS to file your complaint, at no cost to you. To contact JAMS and/or learn more about JAMS dispute resolution services, including instructions for submitting a complaint, please visit: https://www.jamsadr.com/eu-us-privacy-shield. Under certain limited situations, as a last resort, you may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.
    Human resources data including Personal Data in the context of the employment relationship is subject to internal human resource policies. Telescope commits to cooperate with the panel established by the European Union data protection authorities (DPAs) and comply with the advice given by such authorities regarding human resources data transferred from the European Union member states to the United States in the context of an employment relationship as set forth in the Privacy Shield principles.

9.2 Standard Contractual Clauses

    The transfer of Personal Data from the European Union member countries to the United States will be subject to Privacy Shield and then, if Privacy Shield is deemed to be inadequate by European Union data protection laws, will be subject to the Standard Contractual Clauses for the transfer of Personal Data from Controller to Processor (“Standard Contractual Clauses”) between Telescope and the Client. The Standard Contractual Clauses will also apply to the transfer of Personal Data from the European Union member countries to any country deemed by applicable data protection laws not to ensure an adequate level of data protection.

10. YOUR RIGHTS

Individuals located in certain countries and jurisdictions have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to exercise your rights and request certain actions with respect to your Personal Data.

10.1 General Privacy Rights

    Telescope is committed to maintain accurate information that you share with us and will use commercially reasonable efforts to allow you to access your Personal Data. Upon request, we will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Data. To request this information or if you wish to access, modify, or remove your Personal Data, please contact us at info@telescope.tv. Telescope will endeavor to respond to all reasonable written requests to access, modify, or remove Personal Data in a timely manner within thirty (30) days.
    If you seek to access, modify, or remove Personal Data held or processed by us on behalf of a Client, you should direct your inquiry to the Client (the data controller). Upon receipt of a request from one of our Clients for us to remove data, we will respond to their request in a timely manner within thirty (30) days.
    If you consent to receiving communications from a third party, such third party may have its own privacy policy which will apply to you and you will need to communicate with them directly if you wish to access, modify, or remove the Personal Data you provided to them, or later decide that you no longer wish to receive such third party’s communications.

10.2 Additional GDPR Rights

    Individuals located in the European Union, the European Economic Area and/or their member states, Switzerland and the United Kingdom, have certain statutory rights under the General Data Protection Regulation (“GDPR”). To the extent that Telescope’s processing of your Personal Data is subject to the GDPR, Telescope relies on its legitimate interests set forth in this Privacy Policy to process your Personal Data. If you are located in the European Union, the European Economic Area and/or their member states, Switzerland and the United Kingdom, you may have the right to exercise additional rights available to you under applicable laws, including:

  • Right to Erasure (aka “Right to be Forgotten”). You may have a broader right to erasure of Personal Data that we hold about you, such as, for example, if it is no longer necessary in relation to the purposes for which it was originally collected or we do not have a legal reason to continue to process and hold it. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions, or to comply with our legal obligations.
  • Right to Restrict Processing. You may have the right to request that we restrict processing of your Personal Data in certain circumstances, such as, for example, where you believe that the Personal Data we hold about you is inaccurate or unlawfully held. We may be permitted to store the data but not further process it. We may need to keep just enough data to make sure we respect your request in the future.
  • Right to Data Portability. You may have the right to be provided with your Personal Data in a structured, machine readable, and commonly used format and to request that we transfer the data to another data controller without effecting the usability of the data.
  • Right to Object to Processing. You may have the right to request that we stop processing your Personal Data, such as for the purpose of direct marketing, scientific and historical research, or for a task in the public interest.
  • Right to Lodge a Complaint. You may also have the right to complain to a data protection authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority.

    If you are entitled to and would like to exercise such rights, please contact us at info@telescope.tv. We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request.

10.3 California “Shine the Light” Notice

    Telescope does not disclose Personal Data to third parties for any third parties’ direct marketing purposes, unless you affirmatively consent to such disclosure. Since Telescope provides its California users with notice of its rights as described above, pursuant to Section 1798.83(c)(2) of the California Civil Code, Telescope is in compliance with California’s “Shine the Light” law and is not obligated to provide California users with the names and addresses of all the third parties that received Personal Data from Telescope for the third parties’ direct marketing purposes during the preceding calendar year.

11. ENFORCEMENT

Telescope will actively monitor its relevant privacy and security practices to verify adherence to this Privacy Policy. Any agents, contractors, service providers, or other third parties subject to this Privacy Policy that Telescope determines is in violation of this Privacy Policy or applicable data protection laws will be subject to disciplinary action up to and including termination of such services. If you believe there has been a violation of this Privacy Policy or applicable data protection laws, please contact us immediately at info@telescope.tv.

12. CHANGES TO THIS PRIVACY POLICY

Telescope may change, modify, or update this Privacy Policy from time to time, in whole or in part, in Telescope’s sole discretion. We encourage you to visit this page at https://telescope.tv/privacy-policy to stay informed about our privacy practices and review our most current Privacy Policy. Any changes, modifications, or updates to this Privacy Policy will become effective immediately upon such posting.

13. CONTACT TELESCOPE

We encourage you to contact us with any questions, complaints, or requests with respect to your Personal Data, this Privacy Policy, and/or our privacy practices.

You may contact us at:

Email: info@telescope.tv

Telescope Inc.
Attn: Privacy
11835 W. Olympic Blvd., Suite 350E
Los Angeles, CA 90064
USA

Last Updated: May 25,2018