Updated May 16, 2021
We may make changes to this Policy from time to time, in our sole and absolute discretion. We will notify you of any changes to this Policy by posting the updated Policy through the Services or Platform, or on the Website, and we will revise the “Updated” date above. It is your responsibility to review this Policy frequently and to remain informed of any changes to them.
We may also provide you with additional forms of notice of modifications and/or updates as appropriate under the circumstances including but not limited to sending you an email informing you of the changes and/or by prominently posting notice of the changes on ContentGroove’s through the Services or Platform, or on the Website. If you do not agree with the changes and/or modifications, you should not use the Services after the effective date of the changes.
The then-current version of this Policy will supersede all earlier versions. You agree that your continued use of the Services, Platform or Website after such changes have been published will constitute your acceptance of such revised Policy.
This Policy explains how ContentGroove collects, uses and shares information about you when you interact with ContentGroove, including through our Website and Platform, and through use of the Services. It lets you know what rights and choices you have regarding our use of your information and how you can access and update that information should you wish to do so.
3. INFORMATION WE COLLECT
When you use or access the Website and the Platform, and use the Services, we collect information about you when you use our services. In addition, third parties may collect information about you through your use of the Platform and the Services. This collected information may include or reflect personal information that could identify you, as well as non-personal information. We will refer to all of this collected information as “your information”.
Account Information. You must create an account (“Account”) to use the Services and the Platform. When you do, we may collect your name, phone number, user name or e-mail address in combination with a password or security question to access the Services and the Platform, and, at such time as we charge for such access, payment card information.
Content. Through use of the Services and the Platform, you may provide videos, audio recordings, text, and static or animated images, comment on content displayed or made available on the Platform, content that you upload and submit to the Platform by inputting a URL (“External URL”) that links to User Content, document layouts, information relating to natural and other persons, messages, e-mail and other communications, files, texts personalization settings and other information that is or may be provided to ContentGroove and/or placed on your ContentGroove profile page (collectively, “User Content”). This User Content may be viewed and otherwise accessed by others, and associated metadata (e.g., titles, descriptions, tags, etc.), including from the External URL are viewable by others. Your interactions with other users (e.g., comments, “likes,” private messages) may be seen by others. You can choose not to provide us with certain information, although that may affect the functionality of the Services.
An integral part of the Services is that the Platform extracts video clips or thumbnails (“Clips”) from User Content, and allows for further editing and manipulation of the Clips. This may involve various artificial and machine-learning techniques, such as facial and audio recognition, language processing and analysis, and other methods. [**We do not store such facial and audio analyses for purposes other than creating Clips from User Content.**]
Third Party Websites. The Website, the Platform and the Services may contain links to other websites (“Other Sites”). The information practices and the content of such other websites are governed by the privacy statements of such other websites. We encourage you to review the privacy statements of any such other websites to understand their information practices. ContentGroove is not responsible for the information practices and content of Other Sites.
4. INFORMATION PROCESSED ON BEHALF OF A USER OR THIRD PARTY PROVIDER
When ContentGroove processes information on behalf of a ContentGroove user (a “User”) or a third party service provider (“Third Party Provider”) in connection with your access to and use of the Platform and the Services, ContentGroove does so solely in accordance with the User’s (or Third Party Provider’s) instructions and the provisions of the agreements with ContentGroove regarding the User’s (or Third Party Provider’s) use of the Platform and the Services. The User (or Third Party Provider), and not ContentGroove, is processing the data as the controller of such data. As the controller, the User (or Third Party Provider) decides why and how to process such data, and the User (or Third Party Provider) privacy notices will detail such collection and use. ContentGroove is processing the User (or Third Party Provider) data merely as a processor of the data, and only processes the data based on the User’s (or Third Party Provider’s) express instructions. Therefore, if you are seeking access to, or would like to correct, amend or data that is your personal data, then please contact the User (or Third Party Provider) directly. If you contact ContentGroove regarding such requests and queries, ContentGroove will direct you to the User (or Third Party Provider).
5. USE OF YOUR PERSONAL INFORMATION
ContentGroove may use your personal information to:
- Administer, operate and provide you access and use of the Platform and the Services.
- Provide you with technical support.
- Improve the Website, Platform and Services, which may include diagnosing problems, developing new features and services, and responding more efficiently to service requests and support needs.
- Detect, investigate and prevent fraud or other activities that may violate applicable laws or ContentGroove’s policies, or that may threaten the security, integrity or availability of ContentGroove’s or another party’s systems and services.
- Communicate with you via pertaining to your use of the Website, Platform and Services.
- Send you promotional emails, newsletters, information and materials about ContentGroove and the Platform and Services
- Conduct market research about ContentGroove Customers and their interests, and the effectiveness of ContentGroove marketing campaigns
- Enforce our rights under this Policy and the Terms
- Comply with legal requirements, including requests required by courts or governmental agencies.
- Act pursuant to your consent for a specific purpose not stated in this Policy, such as posting your testimonial along with your name on the ContentGroove website
- Aggregate, anonymize and analyze the information for the above stated and other purposes, and for analyzing industry trends and sharing aggregated, anonymized information with third parties for marketing, advertising, research, analytics and similar purposes.
6. SHARING YOUR PERSONAL INFORMATION
ContentGroove will not share, sell or disclose your information with any third parties except as described in this Policy or in connection with providing access to and use of the Platform and the Services. ContentGroove may share your information with with vendors, consultants and other service providers who are working on ContentGroove’s behalf and require access to your information to perform such work. Such parties are authorized to use your information only as necessary to provide their services to ContentGroove, or through the Platform and Services to Users, and are not permitted to use your information for their own purposes. ContentGroove may share your information between or among ContentGroove and all current and future parents, affiliates, subsidiaries or other companies under common control and ownership of ContentGroove, who may act for us for any of the purposes set out in this Policy.
Personal information that ContentGroove collects or obtains from you is considered a business asset. If ContentGroove merges with or is acquired by another company, or if all or a substantial portion of ContentGroove’s assets are acquired by another company, your information will likely be one of the assets that is disclosed during negotiations and transferred as part of the business transfer.
ContentGroove may share and publish aggregated information that does not specifically identify you and is not linked to any of your personal information, such as statistical information about visitors to ContentGroove’s website or statistical information about how Customers use the Products.
7. YOUR RIGHTS AND CHOICES
ContentGroove will retain your personal information for as long as your account is active or as needed to provide you with access and use of the Platform and Services. You may update, correct or delete your information by accessing your account and modifying your personal information, or by emailing ContentGroove at support@ContentGroove.com. You may deactivate your ContentGroove account (subject to the terms of your agreement with ContentGroove) by emailing us at support@ContentGroove.com. Please note, however, that ContentGroove will retain and use certain of your personal information as necessary to comply with ContentGroove’s legal obligations or for legitimate business purposes such as resolving disputes or enforcing ContentGroove’s agreements. ContentGroove may also retain cached or archived copies of ContentGroove’s personal information for a certain period of time.
Promotional Communications. You may opt out of receiving promotional and newsletter emails from ContentGroove by following the opt-out instructions provided in those emails. You may also opt-out of receiving promotional and newsletter emails, and other promotional communications, at any time by emailing ContentGroove at support@ContentGroove.com. If you opt-out, then ContentGroove may still continue to send you non-promotional communications, such as those about your account or ContentGroove’s ongoing business relations.
Cookies and other tracking technologies. ContentGroove currently does not track consumers over time and across Other Sites and therefore does not respond to “Do Not Track” signals. ContentGroove does not allow third parties to collect personal data about an individual’s online activities over time and across Other Sites when an individual uses the Products.
Advertising. You may opt out of behaviorally targeted ads anytime by deleting your browser’s cookies. In addition, you may opt-out of interest-based advertising from some Third Party Provider’s by visiting http://preferencesmgr.truste.com/, http://youronlinechoices.eu, or the Third Party Provider’s website. Please note that opting-out will only prevent targeted ads so you may continue to see generic (non-targeted ads) after you opt-out.
Personal Data Retention. ContentGroove will only retain your personal data for as long as necessary to fulfil the purposes for which it collected it, including for the purposes of satisfying any legal, accounting, or internal reporting requirements. To determine the appropriate retention period for personal data, ContentGroove considers the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which ContentGroove processes your personal data and whether ContentGroove can achieve those purposes through other means, and the applicable legal requirements. In some circumstances ContentGroove may anonymize your personal data (so that it can no longer be associated with you) for compliance, governance, legal and/or regulatory purposes in which case ContentGroove may use this information indefinitely without further notice to you.
We may retain logs of automatically collected information (for internal analytics and security purposes); your email address; your tax information; communications with you; and your transactional information (for auditing, tax, and financial purposes). When we no longer have a business reason for retaining data, we will delete or anonymize it.
We will retain User Content on our servers for a short period in case you wish to reverse deletion. Once we delete User Content, we may not be able to recover it. If you have previously made your User Content public, the video or Clips may be discoverable in a search engine’s cache for a time. We have no control over search engines; however, we will, upon request, send a request for deletion to major search engines.
If we receive legal process pertaining to your account, we will retain your data for as long as we in good faith believe is necessary to comply with the legal process. Similarly, if we believe that your account has been involved in wrongdoing, we may preserve your data to defend or assert our rights.
10. EU RESIDENTS
If you are a resident of the European Union, then, to the extent that the information ContentGroove collects and uses is your personal data, ContentGroove will process and transfer your personal data when ContentGroove has an adequate legal basis to do so. This means ContentGroove collects, uses and transfers your personal data where:
- You give ContentGroove consent to collect, use or transfer the personal data for a specific purpose
- ContentGroove needs to process your personal data to provide you with the Services, and access to the Platform
- ContentGroove needs to process your personal data to comply with a legal or contractual obligation
- ContentGroove’s collection, use or transfer of your personal data satisfies a legitimate interest (which is not overridden by your data protection interests)
European Union Residents Rights. If you are a resident of the EU, you have rights in relation to your personal data processed by ContentGroove. You may exercise such rights by emailing ContentGroove at support@ContentGroove.com. If the related personal data is data processed by ContentGroove on behalf of a User, then please include the name of the applicable Customer in your request. ContentGroove will refer the request to that User to respond directly to you and will support them as needed to respond to your request. The rights that you have, as an EU resident, in relation to your personal data processed by ContentGroove include the following:
Access. You may request access and review of personal data at any time. You can also request the following information:
- How ContentGroove collects and uses your information and why
- The categories of personal data involved
- How long ContentGroove uses or stores your personal data or the manner in which ContentGroove determines relevant retention periods
- Rectification. You may request that any incorrect personal data be corrected or otherwise rectified.
- Objection to Use; Erasure. In certain situations, you may object to the use or export of your personal data and request that ContentGroove erases or stops using or exporting your personal data.
- Withdrawal of Consent. Where ContentGroove relies on your consent to process your personal data, you may withdraw your consent at any time. This will not affect the lawfulness of processing prior to the withdrawal of your consent. At any time, you can request that ContentGroove stops using your personal data for direct marketing purposes.
- You may request confirmation as to whether or not your personal data is being processed.
- You may request restriction of processing of your personal data. This gives you the option to ask ContentGroove to suspend the processing of your personal data in the following scenarios: i) if you want ContentGroove to establish the data’s accuracy; ii) where ContentGroove’s use of the data is unlawful but you do not want us to erase it; iii) where you need ContentGroove to hold the data, even if ContentGroove no longer requires it e.g. to establish or defend legal claims; or iv) you have objected to ContentGroove’s use of your data but we need to verify whether we have overriding legitimate ground to use it.
- You may request transfer of your personal data. If you request ContentGroove to do so, ContentGroove will provide to you, or a third party of your choice, your personal data in a commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for ContentGroove to use, or where ContentGroove has used the information to perform a contract with you.
- You have the right to not have a decision made about you based solely on automated processing.
- Complaints. You may raise questions or lodge a formal complaint with your local EU supervisory authority if you have questions or a complaint about any processing of your personal data being conducted by ContentGroove.
If you wish to exercise any of the rights set out above or request details about the specific legal basis ContentGroove is relying on to process your personal data, please email us at support@ContentGroove.com.
ContentGroove will respond to you within 30 days of receipt of your request. Occasionally it may take longer than 30 days if your request is particularly complex or you have made a number of requests. In this case, ContentGroove will notify you and keep you updated.
ContentGroove may need to request specific information from you to help confirm your identity and ensure your right to access your personal data (or to exercise your other legal rights). This is a security measure to ensure that your personal data is not disclosed to any person who does not have the right to receive it. ContentGroove may also contact you to ask you for further information, in relation to your request, to speed up our response. You will not have to pay a fee to access your personal data (or to exercise any of your other legal rights). However, ContentGroove may charge a reasonable fee (or refuse to comply) if your request is clearly unfounded, repetitive or excessive.
For the purposes of the GDPR, ContentGroove, Inc., located at 195 Page Mill Road, Suite 115, Palo Alto, CA 94306, is the Data Controller and is responsible for your personal data. This means that ContentGroove determines the purposes and ways of the processing of your personal data.
11. CALIFORNIA PRIVACY RIGHTS
California residents who have established a business relationship with ContentGroove may request and obtain from ContentGroove, one time per calendar year, a list of third parties, if any, to which ContentGroove disclosed certain of their personal information for direct marketing purposes during the preceding calendar year and the categories of personal information shared with those third parties.
California residents may [[also]] choose to opt out of disclosure of their personal information to third parties for direct marketing purposes. As detailed above, ContentGroove’s policy is not to disclose personal information collected online to a third party for direct marketing purposes without your approval. If you choose to opt-out at any time after granting approval, email support@ContentGroove.com.
If you are a California resident, you also have the right to
- Request that ContentGroove disclose to you the categories of personal information collected about you, including the categories ContentGroove disclosed to a third party for a business purpose; the categories of sources from which the personal information is collected; the business or commercial purpose for collecting that information; the categories of third parties with whom ContentGroove shares that information; the actual personal information ContentGroove collected from you. This enables you to receive a copy of the personal data ContentGroove holds about you.
- Request that ContentGroove delete any personal information collected from you. Note, however, that ContentGroove may not always be able to comply with your request of erasure for specific legal reasons and ContentGroove’s need to keep appropriate archives for business operations.
- Not be discriminated against for exercising any of the rights granted to you under the CCPA.
If you wish to exercise any of the rights set out above, please email support@ContentGroove.com. You may also call this toll-free number: N/A. ContentGroove will respond to you within 45 days of receipt of your request. ContentGroove may need to request specific information from you to help us confirm your identity. This is a security measure to ensure that your personal data is not disclosed to any person who does not have the right to receive it. ContentGroove may also contact you to ask you for further information, in relation to your request, to speed up our response.
In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints regarding the Products with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Sacramento, CA 95834, by telephone at (916) 445-1254 or (800) 952-5210, or by email to firstname.lastname@example.org.
In addition, under this law you are entitled to be advised how ContentGroove handles “Do Not Track” browser signals. ContentGroove does not track its users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party websites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such websites, most web browsers (like Safari) allow you to set the DNT signal on your browser so third parties (particularly advertisers) know you do not want to be tracked.
12. PROTECTING YOUR INFORMATION
ContentGroove maintains reasonable and appropriate technical and organizational measures to protect against the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to your personal information which may be stored, transmitted or otherwise processed on the Products. However, no security controls are 100% effective and no method of transmitting information over the internet or storing information is completely secure. Therefore, ContentGroove cannot, and does not, ensure, guarantee or warrant the security of any information, including your personal information. ContentGroove will make any legally required disclosure of any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to your personal information. Such disclosure will be made without undue delay and as required by applicable data protection laws, consistent with the legitimate needs of law enforcement or any measures reasonably necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
13. INTERNATIONAL TRANSFERS
Your information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.
ContentGroove acknowledges the right of EU and Swiss residents to access their personal data pursuant to the Privacy Shield (the “Principles”) and will grant individuals reasonable access to personal information it receives pursuant to these Principles. ContentGroove will also take reasonable steps to permit individuals to correct, amend, or delete such information that is demonstrated to be inaccurate or incomplete. An individual may request to access his or her information, or otherwise correct, amend, or delete his or her information pursuant to the EU-US and Swiss-US Privacy Shield Principles by emailing support@ContentGroove.com.
14. AGE CLAUSE
As provided in the Terms, use of the Platform and the Services is restricted to business and commercial purposes, and you must be 18 years or older to use the Platform and the Services. Therefore, we do not knowingly collect personal information from individuals who are under the age of 18. If you are under the age of 18, please do not use the Platform or the Services, or send ContentGroove any of your information. If ContentGroove learns that it has collected information from an individual under the age of 18, ContentGroove will take steps to delete such information from its files as soon as possible. Please contact support@ContentGroove.com if you believe ContentGroove might have information from or about a person under 18 years of age.
If you have any questions concerns or complaints about this Policy or ContentGroove’s compliance with the Policy, or if you wish to exercise your rights, please email ContentGroove at support@ContentGroove.com.