Last Revised: December 12, 2019
Interlude US Inc., its subsidiaries and affiliates, d/b/a Eko ("Eko", "Company" "we" or "us") respects the privacy of the users of its websites at https://eko.com/, https://helloEko.com/ and https://company.eko.com/ and its subdomains (the "Site") and of its branded mobile application (the "App"), including viewers of the interactive videos made available by Eko through the Site, App and/or video players embedded on third party platforms ("Video(s)" and "Embedded Video Player", respectively), as well as well as the privacy of the creators of such videos which use the Eko Studio which is available on the Site (respectively, the "Creator(s)" and "Eko Studio" and collectively, "User" or "you" and the "Services").
Please read the following carefully to understand Eko's views and practices regarding the use of the personal information which may be collected and processed as part of your use of our services and how Eko will treat it.
Table of Content
- Who we are
- Your acknowledgment of this policy
- How Do We Collect Information on Our Users?
- What are the Purposes of the Collection of Information?
- Sharing Information with Third Parties
- What are our Legal Basis Data Processing?
- Sharing Information with Third Parties
- Your Rights
- Location of Your Data
- Links to Third Party Websites
- Data Retention
- Got any Questions?
2. Who we are
In this policy, references to Eko, or to "we" or "us" are to Interlude US Inc., which is a registered company in the state of New York, with its registered address at235 Park Ave S. New York, NY 1000324, U.S.A. Individuals wishing to contact us about data protection issues may do so by writing to us at the above address or by emailing us at email@example.com.
3. Your acknowledgment of this policy
4. Which information we may collect on our Users?
We collect from Users of our Site, App, Embedded Video Players and the Eko Studio two types of data and information:
4.1. Non-personal Information. The first type is non-identifiable and anonymous information. Non-personal Information, which is being gathered, consists of technical information and behavioral information that does not pertain to a specific individual ("Non-Personal Information").
You may access, browse and use the Site, App and/or Embedded Video Players without disclosing personal information, although, like most websites and online services, we passively collect certain Non-Personal Information from your devices when you access, use and browse the Site, App, the Eko Studio and/or our Embedded Video Players, including: (i) technical information such as the type and version of your device and its operating system, the type of browser, screen resolution, device browser and keyboard language, Wi-Fi connectivity and the type and name of your device and/or browser, etc.; and (ii) behavioral information which may include the User's click-stream on the Site and App and/or Embedded Video Players, the activities of the User on the Site and App and/or Embedded Video Players and additional information of a similar nature (collectively, "Technical and Behavioral Information"). We may also use third-party service providers such as Google Analytics, Facebook and Snowplow Analytics to obtain detailed analytics on the device and the User's behavior on the Site, App, Embedded Video Players and the Eko Studio.
4.2. Personal Information. The other type of information we collect is individually identifiable information. To put it simply, this information identifies an individual or is of a private and/or sensitive nature, such as your contact information ("Personal Information"), including:
4.2.1. Personal Information which is provided voluntarily when using the Site, App and/or Embedded Video Players:
- Name and Email: In order to view certain Videos, you may be required to provide us with your full name and email address. This information is collected when creating an Eko account or when signing up for updates - and will be used in order to: manage your account and manage the Videos you watch, create your own Videos and subscribe to our mailing list.
- Feedback: Information relating to your Video ratings, title selection, watch history, your taste preferences and feedback you may provide with respect to your viewing experience. This information will be used to personalize your experience when using the Site, App and/or Embedded Video Players, to provide you with behavioral advertising and to improve our Services.
- Interactions with the Videos: when watching the Videos, you may choose to interact with the Video, for example by choosing between different plot lines, at your discretion. Please note that all such selections and interactions with the Videos are recorded and stored and may be used to derive additional Personal Information about you, such as your personal preferences and opinions. This information will be used to personalize your experience when using the Site, App and/or Embedded Video Players, to provide you with behavioral advertising and to improve our Services.
- Communications with Eko: Information you provide to us as part of any communications with Eko, by any means, including by approaching our customer services or during sales calls (such information may include marketing and communication data that includes your preferences in receiving marketing from us and your communication preferences).
- Contact Details: when you enquire about Eko's services via the Site (e.g. by using the "Say Hello" form on the Site), we will ask you to provide us some or all of the following details: name, e-mail address, phone number, the name of your organization and a free text message.
- Job Applicants: information you provide us when applying for a position via the "Careers" page available on the Site, as further detailed under Section 4.2.3 below.
4.2.2. Personal Information which is provided voluntarily when using the Eko Studio:
- In addition to the information collected when using the Site, Users who wish to use the Eko Studio and become Creators are required to open an Eko Studio account and to such end such Users are required to provide the information detailed in the registration form available on the Site, which includes the Users' full name, email address, username, password and profile image.
- Alternatively, Users may open and log-in to their Eko Studio account via one of their existing third-party social network accounts (e.g. Google or Facebook). When you open and log-in to your Eko Studio account through such existing third-party account, then such third-party accounts provide us with access to certain information, which is detailed and displayed to you in the notice which appears during the integration process, which may include your name, email address, profile photo and user-id on such third-party account. Please read carefully such notice in order to understand what information is made available to us via your third-party accounts. We may collect your login information and other relevant information necessary to enable us to access your third-party accounts in order to collect the abovementioned information. We may store the above-mentioned information (or any part of it), in order to achieve the purposes set forth herein. Please remember that the manner in which third-party accounts use, store or disclose your information is governed solely by their policies and we will have no liability or responsibility for the privacy practices or other actions of such third parties. If you do not agree to these practices, please do not use third-party accounts in order to use our Services. You hereby agree that such information will be stored even after the linkage to your third-party accounts expires, for any reason.
- Please note that the Creator's profile page, which includes metadata generated by use of the Eko Studio, may display Personal Information about the Creator, the authors of the Videos generated via the Eko Studio, people involved in the creation of the Video (e.g. actors) and the other contributors to the creation of the Video. Your Videos, Creator's profile page and associated metadata (e.g. titles, descriptions, credits, tags, etc.) are made public and are viewable and otherwise accessible by the general public, unless your account setting have been set to maintain such information private.
4.2.3. Personal Information relating to job applicants:
You may use the "Careers" page available on our Site in order to apply for a position at Eko and send us your CV, and in such case the following applies:
- As part of the submission of an application, you will be required to provide your full name, email address and phone number and attach your CV.
- The Personal Information collected as part of the application process, including any Personal Information included in your CV, may be accessed by our HR department and/or by Eko managers, worldwide, solely for the purposes of evaluation and to enable us to contact you with respect to the recruitment process.
- Please note that if you have successfully recruited to work for Eko, any Personal Information collected as part of the application process may be retained by Eko for the purposes of your employment.
4.2.4. Personal Information collected via technology:
- Geolocation data: while using the Site, App and the Embedded Video Players we will access, collect, process, monitor and/or remotely store "geolocation data", including through the collection of IP addresses and other similar information to determine your location for analytics and security purposes.
- Technical and Behavioral Information: to the extent that the Technical and Behavioral Information detailed above under Section 4.1 will be linked to or associated with a specific individual then such information will be considered as Personal Information.
4.2.5. Information from other sources:
- We also obtain information from other sources, which include publicly-available sources, information provided by third parties which helps us determine your location based on your IP address and data providers, such as Google analytics and Facebook, from which we obtain demographic, interest based and online advertising related data.
4.3. Please note:
- We may cross-reference Personal Information with other Personal Information we have about you and any Non-personal Information connected or linked to or associated with any Personal Information shall be deemed as Personal Information as long as such connection, linkage or association exists.
5. How Do We Collect Information on Our Users?
There are two main methods we use:
a) We collect information through your entry, connection, access and/or use Site and/or Creator Studio and/or Embedded Video Players and/or the App. In other words, when you are using the Services we are aware of it and may gather, collect and store the information relating to such usage (such as the Non-personal Information detailed above, your IP address and your Video viewing history).
b) We collect information which you provide us voluntarily. For example, we collect Personal Information when you register and open an account to use the Creator Studio and when you contact us via the Site or App. We may gather, collect and store such information either independently or through the help of our authorized third-party service providers as detailed below.
c) We collect information relating to you from third-parties. For example, we may process publicly-available information relating to our Users to obtain demographic, interest based and online advertising related data.
6. What are the Purposes of the Collection of Information?
We collect Non-personal Information and Personal Information in order to provide the Service.
Non-personal Information is processed in order to:
- Enhance the User's experience on the Site, App and/or Embedded Video Players;
- Use it for statistical and research purposes and for customization and improvement of our Services and our products;
- Improve the quality of our Services by formulating, customizing and enhancing the User's experience on the on the Site, App and/or Embedded Video Players; and
- Keep the on the Site, App and/or Embedded Video Players safe and secured and for prevention of fraud.
Personal Information is processed in order to:
- Enable the operation of the Services, including the Site, our Embedded Video Players and the App, and to otherwise comply with out contractual obligations to you;
- Add your contact details to our mailing list for the purposes of sending you information about our products and services by email and through web-browser and/or push notification (for example, we may send you email and push notifications regarding Videos that are of interest to you). You have the right to opt-out of marketing messages at any time by following the instructions in such message or by contacting us at: firstname.lastname@example.org. For email marketing to an individual subscriber (that is, a non-corporate email address) with whom we have not previously engaged as a client, we may need your consent to send you unsolicited email marketing;
- Be able to contact Users for the purpose of providing them with technical assistance and customer support;
- Display ads and send you offers. We may also use your Personal Information, including your interactions with Videos and Videos watch history, in delivering third party advertisements to you. This may include "targeted ads" based upon your interactions with our Services. Please note that where required by law, we will do so only pursuant to your consent;
- Personalize your experience on the Site, our Embedded Video Players and the App. This may include remembering your preferences of language, volume, displaying videos that you may enjoy, etc.;
- Ensure that content on the Site, our Embedded Video Players and the App is presented in an optimal way for you and for your device (e.g. tablet, mobile phone);
- Conduct internal operations, including troubleshooting, data analysis, testing, research and statistical purposes, including in order to improve our Services. Please note that in general we analyze aggregate data for such purposes, rather than specific user data, however we may need to analyze a specific case to address a specific problem;
- Keep on the Site, our Embedded Video Players and the App safe and secured and for prevention of fraud and crime, including verifying the User's identity when he/she signs in to the Eko Studio, as well as verifying User's identity for the purpose of dealing with inappropriate interactions of User and/or fraudulent use of our Services;
- Comply with our legal obligations and in order to be able to protect our rights and legitimate interests, including in order to improve Services;
- Maintain our data processing records and general administrative purposes;
- Email tracking - we may use tracking technology within the email we may send you in order to improve interactions with you and to better understand whether our emails were opened and read, and such tracking may include capturing the time and date in which you opened our email messages and the type of device you use to open such emails.
7. What are our Legal Basis Data Processing?
In order for Eko to process your Personal Information, as detailed herein, such processing must be justified by a "basis" for processing. Please note that the Personal Information processing activities detailed herein may be justified on the basis that:
- the processing is necessary to comply with a legal obligation - we may process your Personal Information for disclosure of information to authorities; and
- the processing is in our legitimate commercial interests - subject to your interests and fundamental rights, under our legitimate interest in marketing our products and services and offering the public comfortable and safe access to our Site, our Embedded Video Players and the App, we shall perform the Personal Information processing activities described herein, such as the processing of your Personal Information in order to personalize the Site and App, assisting us to prevent crime and fraud, manage our internal operations, maintaining records and email tracking. We may also use the information contained in certain cookies and other such files or tags based on such ground for our legitimate interests in a safe and user-friendly presentation of our Site and App. Where we rely on legitimate interests as a lawful basis, we will carry out a balancing test to ensure that your interests, rights and freedoms do not override our legitimate interests.
8. Sharing Information with Third Parties
8.2. In addition to using the information collected by us for the purposes described under Section 6 above, we may also share your information in the following cases:
- Eko Personnel: Personal Information that we collect and process may be transferred to or accessed by personnel of Eko for the sole purpose of enabling the operation of the Site and App and to contact you (as detailed in Section 6 above). Please note that all Eko personnel that will have access to your Personal Information are under an obligation of strict confidentiality with respect to such Personal Information.
- Advertising: we may share your data with advertising agencies to display relevant ads to you with are based on your behavior within our Services. Unless you agree, we will not share you email address or any other contact details with such third parties.
- Group Companies: the Personal Information you provide to us may be accessed by members of our group of companies in order to fulfill the purposes detailed herein.
- Service Providers: we share Personal Information with vendors, commercial software providers, consultants and data processers who perform services on our behalf, including without limitation, companies that provide analysis, messaging services and services which host the Site, App and Embedded Videos. Please note that we collect, hold and manage your Personal Information through a third party's cloud-based services, as reasonable for business purposes, which may be located in countries outside of your jurisdiction. For more information regarding our Service Providers, please refer to Section 13 below.
8.3. For avoidance of doubt, Eko may transfer and disclose Non-personal Information to third parties at its discretion including without limitation for statistical, analytical and research purposes and for customization, developing and improvement of our Site and App.
9. Your Rights
We hereby inform you of the following rights (by virtue of EU law), in respect of your Personal Information:
- Right to access: you may have the right to request a review of your Personal Information held by Eko. We may refuse to comply with your access request if the request is manifestly unfounded, excessive or repetitive in nature.
- Right to erasure: under certain conditions, you may be entitled to require that Eko will delete or "block" your Personal Information (e.g. if the continued processing of those data is not justified). Please note that in certain cases, our legitimate business interests may override data subjects' right to erasure.
- Right to Portability: you may have the right to transfer your Personal Information between data controllers (i.e. to transfer your Personal Information to another entity). The right to data portability only applies where your Personal Information is processed by us with your consent or for the performance of a contract and when processing is carried out by automated means.
- Right to object to or withdraw consent: where that lawful basis for processing your Personal Information is either "public interest" or "legitimate interests", those lawful bases are not absolute, and you may have a right to object to such processing. Where you object on grounds of legitimate interest, we shall no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims. If the processing of your Personal Information is based on your consent, you have the right to withdraw your consent to such processing at any time.
- The right to restrict processing - under certain circumstances, you may have the right to object to the processing of your Personal Information due to your particular situation.
- Right to lodge a complaint: you have the right to lodge a complaint before the relevant data protection authority or supervisory authority of your jurisdiction.
To exercise these rights please contact us by sending an email to: email@example.com. In order to process your request without undue delay, we kindly request that communications relating to your data subject rights include your contact details, account username (if available) and sufficient details relating to your inquiry/request.
10. Location of Your Data
In order to keep your Personal Information safe, we apply strict safeguards when transferring it outside of the EEA, which may include the following:
- Transferring your personal information to countries approved by the European Commission as having adequate data protection laws, such as Israel;
- Entering into standard contracts that have been approved by the European Commission and which provide an adequate level of high quality protection, with the recipients of your Personal Information;
- Transferring your Personal Information to organizations that are Privacy Shield Scheme certified, as approved by the European Commission.
You have a right to request further information regarding the data transfer mechanisms used by us with respect to data transfers to third countries, which may be exercised by sending us an email to: firstname.lastname@example.org.
The Site and/or App and/or Embedded Videos and/or Eko Studio are intended for Users over the age of sixteen (16). Therefore, Eko does not intend and does not knowingly collect Personal Information from minors under the age of sixteen (16) and does not wish to do so. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of sixteen (16) are not using the Service. If we learn that we collected Personal Information from minors under the age of sixteen (16) we will delete that information as quickly as possible.
12. Third Party Service Providers and Third-Party Software
12.2. Note, that we collect, hold and/or manage your Personal Information through Eko's authorized third parties vendors of certain products or services (such as hosting cloud services) (including, as applicable, their affiliates) solely and limited to providing us with such requested services, and not for any other purposes.
12.3. Such vendors may be located in a country that does not have the same data protection laws as your jurisdiction.
12.4. Such third parties service providers include without limitation the following categories of service providers (for the avoidance of doubt, the specimens of service providers listed below in non-exhaustive):
13. Links to Third Party Websites
14.1. We take reasonable appropriate measures to maintain the security and integrity of our Site and App and prevent unauthorized access to it or use thereof through generally accepted industry standard technologies and internal procedures.
14.2. Your Personal Information is hosted on AWS servers, which provide advanced strict security standards (both physical and logical).
14.3. Some of the security measures that we employ include, without limitation: highly secure services design and implementation using state of the art encryption and architectures mechanisms, restriction of access to your Personal Information to individuals who need access to it in order to process it on Eko's behalf and implementation of a secured permission management and auditing system using specific and proprietary firewall and network access filtering as well as security group mechanisms.
Please note, however, that there are inherent risks in transmission of information over the Internet or other methods of electronic storage and we cannot guarantee that unauthorized access or use will never occur.
14.4. Eko will comply with applicable laws in the event of any breach of the security, confidentiality, or integrity of your Personal Information and will inform you of such breach, if required by applicable law.
14.5. TO THE EXTENT THAT EKO IMPLEMENTED THE REQUIRED SECURITY MEASURES UNDER APPLICABLE LAW, EKO SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS, HACKING, OR OTHER SECURITY INTRUSIONS OR FAILURE TO STORE OR THE THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA OR INFORMATION INCLUDED IN THE PERSONAL INFORMATION.
15. Data Retention
Eko will retain the Personal Information for as long as we have a legitimate business purpose to retain it and as long as it is accurate and can be relied upon. For the avoidance of doubt, Personal Information which is no longer required for the purpose for which is was initially collected will be deleted unless we have a valid justification (including legitimate business purposes) to retain it, or as permitted under applicable law, including to resolve disputes or comply with our legal obligations.
17. Got any Questions?