PRIVACY.TV TERMS AND CONDITIONS - CONSUMER
Tru Optik Data Corp. "Tru Optik" provides a consumer-facing privacy "opt-out" solution for "Over The Top" audience-based targeted advertising (the "Privacy.TV Service"). By using the Privacy.TV Service, you agree to the following Terms and Conditions.
What is Privacy.TV?
Tru Optik works with third-party data partners who provide us with interest and behavior-based information in order to deliver marketing segments to our customers. These marketing segments are then used by our customers to deliver targeted advertising in connection with long-form professional video productions delivered over the internet ("OTT"). The Privacy.TV service allows consumers to "opt-out" of receiving any advertisements through OTT that are tailored to them based on marketing segments that are generated by Tru Optik.
We understand that you may prefer not to take advantage of the benefits of receiving tailored, more relevant advertising in connection with OTT services. If that is your preference, we provide you with the ability to opt-out of our use of your information to deliver interest and behavior-based advertising. Please note that if you choose to opt-out of our interest and behavior-based advertising services, it does not mean that you will receive less advertising, or no advertising, when accessing OTT services. This just means that the advertising you receive in connection with OTT services will not be as relevant and customized to your interests. It also does not mean that you will not receive any targeted advertising – it only means that you will not receive any targeted advertising that is based on marketing segments delivered by Tru Optik after the date that you opt-out.
How does Privacy.TV work?
Internet-connected devices like those used to power OTT TV have unique electronic signatures that can be associated with households using anonymized numerical identifiers. Information advertisers or third-party sources have about household interests and behaviors can then be synched to these anonymized identifiers via a secure encryption process. By choosing to opt-out of audience-based OTT targeting on Privacy.TV, information about your household's interests and behaviors will not be provided to participating companies that deliver audience-targeted OTT advertisements. This prevents these companies from delivering audience-based OTT ads to your household.
How long does it take for a Privacy.TV opt-out to be effective?
Because it may take up to 60 days for our data partners to "refresh" the marketing segments that they purchase from Tru Optik, you may continue to receive targeted OTT advertising during that time.
DISCLAIMER THE PRIVACY.TV SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. TRU OPTIK EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TRU OPTIK DOES NOT WARRANT THAT THE PRIVACY.TV SERVICE WILL BE ERROR-FREE OR ALWAYS WORK AS INTENDED.
LIMITATION OF LIABILITY YOU EXPRESSLY ABSOLVE AND RELEASE TRU OPTIK FROM ANY CLAIM OF HARM RESULTING FROM OR RELATED IN ANY WAY TO THE PRIVACY.TV SERVICE. MOREOVER, IN NO EVENT SHALL TRU OPTIK BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PRIVACY.TV SERVICE OR WITH THE DELAY OR INABILITY TO USE THE PRIVACY.TV SERVICE, EVEN IF TRU OPTIK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY WAIVE ANY CLAIMS, LOSSES, OR ANY OTHER LIABILITY OF TRU OPTIK OF ANY KIND, WHETHER KNOWN OR UNKNOWN, IN ANY WAY RELATED TO THE PRIVACY.TV SERVICE.
ENFORCING SECURITY You may not use the Privacy.TV Service or any of Tru Optik's data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using Tru Optik's data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of a Tru Optik system or network, circumventing any Tru Optik security or authentication measures, monitoring Tru Optik data or traffic, interfering with any Tru Optik services, collecting or using from the Privacy.TV Service email addresses, screen names, or other identifiers, collecting or using from the Privacy.TV Service information without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the Privacy.TV Service to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against Tru Optik or its data, systems, or network. Actual or attempted unauthorized use of the Privacy.TV Service may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Tru Optik reserves the right to view, monitor, and record activity on the Privacy.TV Service without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Privacy.TV Service as well as to disclosures required by or under applicable law or related government agency actions. Tru Optik will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Tru Optik reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Privacy.TV Service, or any portion of the Privacy.TV Service in order to protect the Privacy.TV Service or Tru Optik.
INJUNCTIVE RELIEF You acknowledge that any breach, threatened or actual, of these Terms and Conditions will cause irreparable injury to Tru Optik, such injury would not be quantifiable in monetary damages, and Tru Optik would not have an adequate remedy at law. You therefore agree that Tru Optik shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms and Conditions. Accordingly, you hereby waive any requirement that Tru Optik post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Tru Optik to enforce any provision of these Terms and Conditions.
GOVERNING LAW The Privacy.TV Service is controlled and operated by Tru Optik from its offices within the United States. These Terms and Conditions have been made in and will be construed and enforced in accordance with the laws of the State of Connecticut as applied to agreements entered into and completely performed in the State of Connecticut. Any action to enforce these Terms and Conditions will be brought in the courts presiding in the State of Connecticut, and all parties to these Terms and Conditions expressly agree to be subject to the jurisdiction of such courts. A printed version of these Terms and Conditions and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions or the Privacy.TV Service, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Privacy.TV Service is controlled and operated by Tru Optik from its offices and facilities within the United States. Tru Optik makes no representation that the Privacy.TV Service is appropriate or available for use in other locations, and access to the Privacy.TV Service from territories or nations where any aspect of the Privacy.TV Service is illegal is hereby expressly prohibited. You access the Privacy.TV Service solely of your own volition and are responsible for compliance with all applicable laws.
TERM & TERMINATION These Terms and Conditions will take effect (or shall re-take effect) at the time you use the Privacy.TV Service. Tru Optik reserves the right at any time and without notice to deny you access to the Privacy.TV Service or to any portion thereof and to terminate your rights under these Terms and Conditions, in its sole and absolute discretion for any reason whatsoever. Your rights under these Terms and Conditions will terminate automatically if you fail to cease to use the Privacy.TV Service or comply with these Terms and Conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. Upon termination and in accordance with law, you must destroy all copies of any aspect of the Privacy.TV Service in your possession. The provisions concerning the Disclaimer, Limitation of Liability, Enforcing Security, Injunctive Relief, Governing Law, Waiver & Severability, and Entire Agreement will survive the termination of these Terms and Conditions for any reason.
WAIVER & SEVERABILITY Failure to insist on strict performance of any of the terms and conditions of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by Tru Optik of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
ENTIRE AGREEMENT No joint venture, partnership, employment, or agency relationship exists between you and Tru Optik as a result of these Terms and Conditions or your utilization of the Privacy.TV Service. These Terms and Conditions represent the entire agreement between you and Tru Optik with respect to your individual use of the Privacy.TV Service. Please note that Tru Optik reserves the right to change the terms and conditions of these Terms and Conditions and the terms and conditions under which the Privacy.TV Service and its offerings are extended to you by posting online a revised Terms and Conditions or mailing and/or emailing notice thereof to you. In addition, Tru Optik may add, modify, or delete any aspect, program, functionality, or feature of the Privacy.TV Service. Your continued use of the Privacy.TV Service following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the terms and conditions of these Terms and Conditions. Accordingly, please review these Terms and Conditions found at this location on a periodic basis.
CONTACT INFORMATION If you have questions regarding the Privacy.TV Service or if you are interested in obtaining more information concerning Tru Optik or its programs, services, or solutions, please review our FAQ or contact [email protected].