This VHX Acceptable Privacy Practices Policy sets forth the acceptable privacy practices of owners and licensors of video programs (“Producers”) that use the VHX Service to offer their video programs to consumers. This policy is an addendum to VHX’s Privacy Policy, VHX’s Consumer Terms of Service and VHX’s Producer Terms of Service.
Use
Producer may use consumer information for its internal business purposes only.
Disclosure
Producer may disclose consumer information to authorized employees, independent contractors, and vendors for the purpose of allowing Producer to operate its video service.
- Producer shall restrict access to its VHX account (and the credentials thereto) to only those employees and contractors who have a need to access the account. Producer shall enter into agreements with such employees and contractors that require them to keep consumer information confidential.
- If Producer discloses any consumer information to a vendor, Producer shall (i) limit the disclosure to information that is reasonably necessary to accomplish Producer’s business objective; and (ii) require the vendor to keep consumer information confidential and use reasonable security measures to protect consumer information from unauthorized disclosure.
- Producer shall be liable for the actions or omissions of its employees, contractors, and vendors with respect to the use and disclosure of consumer information.
Security
Producer shall take reasonable measures to prevent authorized access to its VHX account. If Producer downloads any consumer information from the VHX service, Producer shall use reasonable security measures to prevent unauthorized access to such downloaded information and the systems hosting it.
Marketing
- If Producer emails a consumer through the VHX service, Producer will (i) provide the Producer’s legal name and principal address so that such information can be displayed in the footer of the email.
- If Producer emails a consumer directly, Producer will (i) provide the Producer’s legal name and principal address on the footer of the email; (ii) provide an easy-to-use unsubscribe mechanism in the email; (iii) promptly comply with unsubscribe requests (maximum 10 days).
- Producer shall, whether through the VHX Service or directly: (i) limit consumer emails to transactional and relationship emails (e.g., updates regarding new content added to a subscription channel) and refrain from including any upsell or advertisement in the emails; (ii) not contact users in response to the cancellation of a subscription with Producer (e.g., attempt to survey or “win back” lapsing subscribers); or (iii) not make any false or misleading statements or engage in any fraudulent or deceptive practices.
- Producer shall not market video programs or services directly to children, provided that Producer may market programs and services to parents of children.
- Producer shall not sell or rent any consumer information to third parties or add consumers to any third party mail or marketing list.
Producer Websites and Applications
If Producer provides links to any websites or applications that it hosts, it shall publish and comply with an appropriate privacy policy.
Consumer Choices
Producer shall allow consumers to update their account information. If a consumer deletes an account with a Producer, the Producer shall promptly delete the consumer’s account and related information.
Audit and Incident Notification
Producer shall allow VHX to, upon written notice, conduct an audit of Producer’s systems and practices to determine compliance with this policy. In the event that an unauthorized third party gains access to any consumer information in Producer’s possession, custody, or control, Producer shall immediately notify VHX of the circumstances, to the extent permitted by law.
Legal compliance
Producer shall comply with all applicable laws with respect to its access to, use of, or disclosure of consumer information. VHX reserves the right to suspend or terminate any Producer that fails to comply with the terms of this policy. VHX shall not be liable for any violation of this policy by a Producer. Producer agrees that each consumer shall have the right to enforce this policy against Producer.