OpenTV Inc. (doing business as, “Kudelski IoT”) and its affiliates (collectively, “OpenTV”, “we”, “us”, “our”) respect and uphold individual rights to privacy and the protection of personal information while balancing such rights with our need to process your personal information to manage our business and deliver our services to you. We have developed this privacy notice (the “Privacy Notice”) to explain our practices for processing your personal information in connection with our identity verification service (the “Service”).

Please read this Privacy Notice carefully. By using the Service, or otherwise providing us with your personal information, you are hereby consenting to our collection, use, communication and disclosure of your personal information in accordance with this Privacy Notice. If you do not consent to the practices described in this Privacy Notice, you may not continue to use the Service.

This Privacy Notice describes our practices with respect to how we may collect, use, communicate, disclose, retain, dispose, and otherwise process (collectively, “process” or “processing”) your personal information in connection with the Service and how you may correct, update and access your personal information. This Privacy Notice only applies to the Service and does not relate to our handling of personal information in connection with our other products and solutions, which may be governed by their own privacy terms.

Likewise, the Web App may contain links or direct you to other websites, software, service providers, or Internet resources (the “Other Providers”) that are provided solely for your convenience, benefit, and information. When you click on one of those links, you are contacting another website, software, service provider, or Internet resource. We are not responsible or liable for, nor have control over, those Other Providers or how they process your personal information. We encourage you to read the privacy policies of those Other Providers to learn how they process your personal information.

For the purposes of this Privacy Notice, “personal information” means any identifiable information about an individual, except any information otherwise exempted by the applicable laws.

We collect personal information that we need for the purposes described within this Privacy Notice. We encourage you to not provide us with any personal information beyond what is necessary and as requested within the Web App.

3.1. Information you provide to us

We collect the following information when you use the Service:

We may also be required to collect:

We require you to provide your first name, last name and email address when you use our customer support service.

a) Log file information

When you use the Service, our servers automatically record certain log file information (“Server Logs”). These Server Logs may include information such as your Internet Protocol (IP) address, operating system, phone model, phone OS version and how you interact with links on the Service and other similar types of information.

The information contained in Server Logs is used to monitor the quality and the security of the Service, and to assess, manage, diagnose problems with, improve and otherwise administer the Service. We may share this information with third parties that serve as our service providers for purposes related to the provision of the Service.

b) Cookies

The Web App only uses essential cookies that do not contain personal information.

We may collect your personal information listed in 3.1, “Information you provide to us”, from your car dealer or from our identification verification service provider.

We do not knowingly collect personal information from individuals under age 13, and the Service is not meant to be used by such individuals. If you are under the age of 13, you may not use the Service or submit any personal information through the Web App. If you have reason to believe that we may have accidentally received personal information from an individual under the age 13, please contact us immediately at [email protected] so that we may take appropriate steps to remove such personal information and prevent further access to the Service.

In addition to the above, we may use your personal information when required to comply with applicable laws, to prevent fraud, abuse, as otherwise described in this Privacy Notice or for other purposes that we may communicate to you from time to time and obtain your consent when required by applicable law.

We will process your personal information for the purposes described in this Privacy Notice. Otherwise, we will not process your personal information without your consent.

In addition to the above, please note that we will process and store your personal information that we collect in accordance with this Privacy Notice in the United States. We also employ employees, customer service representatives and consultants in the United States, United Kingdom, Mexico, India, France, Spain and Switzerland and, as noted above, share information, on a need to know basis and to provide the Service, with our affiliated companies located in these countries. By using our Service, you are required to provide an affirmative consent to the processing of your personal information in the countries noted above in accordance with this Privacy Notice.

The security of your personal information is important to us. We follow and employ generally accepted industry standards as appropriate to the sensitivity of your personal information. We take physical, administrative, contractual and technological safeguards to protect personal information, and contractually require that our Third Party-Processors do the same.

We ensure that our personnel and our Third Party-Processors access and use personal information on a “need to know” basis to properly perform their duties, and, even then, only to the strict extent necessary to perform them.

However, no method of transmission over the internet, or method of electronic storage, is completely secure; as such, despite our safeguards and protocols, we cannot fully guarantee the security of your personal information and you should always exercise caution when disclosing personal information over the internet.

Depending on where you are located, your rights may include the right to access, rectify, update, request deletion, or request a portable copy of the personal information that is in our custody or under our control or to withdraw your consent to the collection of your personal information.

You have the right to request from us the following information: (1) the categories and specific pieces of personal information we have collected about you; (2) the categories of sources from which your personal information is collected; (3) the means by which we have collected your personal information; (4) the business or commercial purpose for collecting, using, communicating, or disclosing your personal information; (5) the categories of persons who have access to the information within OpenTV; (6) the duration of the period of time the information will be kept and (7) the categories of third parties with whom we share personal information.

You have the right to review, correct and update your personal information we have under our custody or control. Following the processing of your correction or update request, we will notify the third parties to whom we have communicated your information so that they may also update the personal information they hold concerning you.

You have the right to an explanation of how we have used or may use your personal information.

You have the right to object to certain data processing operations or ask us to restrict processing of your personal information.

If OpenTV has collected and processed your personal information based on your consent, you have the right to withdraw such consent at any time.

You understand that your ability to undertake the foregoing actions in respect of your personal information may be limited to the extent that such personal information is required in order for OpenTV to provide the Service, and in such cases, your decision to undertake such actions may impact OpenTV’s ability to provide the Service to you.

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records within a commercially reasonable time. Please note that we may have a legal right or other obligation to maintain certain information about you, irrespective of your request for deletion. You understand that your ability to undertake the foregoing actions in respect of your personal information may be limited to the extent that such personal information is required in order for OpenTV to provide the Service, and in such cases, your decision to undertake such actions may impact OpenTV’s ability to provide the Service to you. Please refer to data privacy laws in your geographic location for specific rights that may be provided in addition to the general description above.

To exercise any of the rights listed above, please submit a verifiable consumer request to us by either emailing us at [email protected] or calling us at 833-255-9557 in the USA or 844-716-2472 in Canada. Please note you may only make a verifiable consumer request for access or data portability twice within a 12-month period.

Please note that we must verify the identity of the requestor. You may designate an authorized agent to make a request on your behalf by providing proof of a valid power of attorney, your valid government issued identification, and the authorized agent’s valid government issued identification. We cannot respond to requests where the identity and authority of the requestor cannot be confirmed.

Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. If we are unable to comply with a request, we will inform you of the reason why. We will respond to requests within the time allowed by applicable privacy laws and will make every effort to respond as accurately and completely as possible. Our Privacy Officer will assist you with such an access request. In certain exceptional circumstances, we may not be able to provide access to certain personal information we hold about you (such as if the information would reveal personal information about another individual). If we cannot provide access, we will notify you within 30 days, in writing, of the reasons for the refusal.

We keep for 5 (five) years:

For keep for 30 days:

We keep logfiles records for 12 months.

We do not currently sell nor share your personal information for any other purposes than providing the Service to you. Should we decide in the future to sell personal information, we will not sell your personal information unless you give us permission after being notified of this modification.

In addition, the laws of some states in the USA define the term “sale” broadly such that it may be deemed to include how we use third-party services to provide the Service. We use these third-party services to provide the Service to you as specified in section 6 above (“How we share your personal information”). If you do not want us to share your personal information to provide the Service as specified in section 6, please refer to section 9 above (“Your right to request deletion of your personal information”). However, you understand that your decision not to allow us to share your personal information may impact our ability to provide the Service to you.

If you choose to exercise any of your rights described herein, you will not be denied any goods or services, charged different prices or rates, or be provided a different level or quality of goods or services, except to the extent you have requested to delete personal information that is required for the Service to operate properly.

You can direct any questions or concerns regarding our compliance with this Privacy Notice and our processing of your personal information by emailing the Privacy Officer, Mr. Philippe Stransky-Heilkron, Senior Vice President, at [email protected], or calling us at 833-255-9557 in the USA or writing us at OpenTV Inc., Attn: IDCheck Privacy, 5090 N 40th St, Suite 450, Phoenix, AZ 85018, USA.

We may update this Privacy Notice to reflect changes to our information practices from time to time. In the event of material changes, as determined by us in our sole discretion, we will notify you by email (sent to the email address listed in your account) before the change becomes effective. Any change to this Privacy Notice will apply to existing information, as well as information collected onwards from the date that the Privacy Notice is posted or on the date as specified in the notification. You will find the date of the latest update at the top of this Privacy Notice. We recommend that you print a copy of this Privacy Notice for your reference. We encourage you to periodically review this page for the latest information on our privacy practices to ensure you are aware of any changes. Your continued use of the Service signifies your acceptance of any changes to this Privacy Notice.