Last updated: March 27, 2023
Table of contents
- 1. WHO IS THE DATA CONTROLLER?
- 2. INFORMATION WE COLLECT AND HOW WE COLLECT IT
- 3. THE PURPOSES AND THE LAWFUL BASIS
- 5. OTHER IMPORTANT NOTICES REGARDING OUR PRIVACY PRACTICES
- 6. TRANSFER TO THIRD COUNTRIES
- 7. DATA RETENTION
- 8. HOW TO EXERCISE YOUR DATA PROTECTION RIGHTS
1. WHO IS THE DATA CONTROLLER?
The data controller for the processing described in this notice is:
Regeringsgatan 29, 5th Floor
111 53 Stockholm, Sweden
2. INFORMATION WE COLLECT AND HOW WE COLLECT IT
In the following we will tell you which types of personal data we collect about you and how we collect it. In section 3 we have a table explaining the purposes for which we process your personal data and the lawful basis we rely on.
We collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
Identity Data includes name.
Contact Data includes email, telephone number and postal address.
Transaction Data includes details of services you have purchased from us and details about payments to and from you.
Technical Data includes Internet Protocol (IP) address, MAC address, computer type, screen resolution, OS version and browser type and version.
Profile Data includes your interests, preferences, feedback and survey responses, demographic data, aggregated data, website address and geographic location.
Usage Data includes information about how you use and interact with our website, products and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
In most situations the information is collected directly from you when you visit our website, register to use our services, request marketing from us or otherwise communicate with us. We also receive information from third party sources.
As you interact with our website or services, we automatically collect Technical Data and Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and similar technologies. We also receive Technical Data about you if you visit other websites employing our cookies. We will only apply cookies -- other than strictly necessary technical cookies - if you have provided your consent. Please see our Cookie Notice for further details.
3. THE PURPOSES AND THE LAWFUL BASIS
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Where you have provided your consent cf. GDPR Article 6(1)(a).
Where we need to perform a contract we are about to enter into or have entered into with you cf. GDPR Article 6(1)(b).
Where we need to comply with a legal or regulatory obligation cf. GDPR Article 6(1)(c).
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests cf. GDPR Article 6(1)(f).
We have set out below, a description of all the ways we plan to use your personal data and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
- Type of data
- Lawful basis for processing including basis of legitimate interest
- To manage and perform the contract with you including: (a) to fulfil your requests (b) to create a service account (c) to send a requested white paper (d) to send online video updates (e) to allow you to purchase our services (f) to operarte the service (g) to send you important information regarding the Site and issues specifically affecting the Service and your use of the Service, including changes to Site terms conditions and policies (h) to permit you to share videos uploaded to the Service via the "email to a friend" link displayed in certain Flowplayer players (If you wish to use this feature, you may be required to provide us, and we may use, your email address and your friend's email address to facilitate sending the message. By using this functionality, you affirm that you are entitled to use and provide us with the recipient's name and email address for this purpose. We store your email address and your friend's email address in our system for a limited time, after which it is deleted from our system. We do not use Personal Information obtained through the "email to a friend" feature for any other purpose other than to enable the email to be sent, unless we disclose such other purpose to you at the time you provide us with the email address). (i) to manage and collect payments for our products and services (j) to provide support, including administration of complaints
- (a) Identity (b) Contact (c) Transaction
- i. Performance of a contract with you ii. Necessary to comply with a legal obligation (bookkeeping, accounting and tax)
- To enable you to access and interact with our website
- (c) Technical
- Necessary for our legitimate interest to provide you access to our website
- To send you newsletters or other marketing from us and/or our marketing partners that we believe may be of interest to you
- (a) Identity (b) Contact (c) Profile (d) Marketing and communications
- Necessary for our legitimate interests to send you relevant marketing. We will only send you marketing by e-mail or other means of electronic communication if you have given us your consent, or we are otherwise allowed to under applicable marketing legislation.
- To administer and protect our business and website (including troubleshooting, data analysis, testing and system maintenance)
- (a) Identity (b) Contact (c) Technical (d) Usage
- Necessary for our legitimate interests for running our business, provision of administration and IT services, network security, and to prevent fraud
- To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
- (a) Technical (b) Usage
- Necessary for our legitimate interests to define types of customers for our services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy. We will only apply cookies -- other than strictly necessary technical cookies -- if you have provided your consent.
- To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
- (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical
- Necessary for our legitimate interests to inform our marketing strategy and to target our marketing communication to you to fit with your preferences. We will only apply cookies -- other than strictly necessary technical cookies -- if you have provided your consent.
To the extent that we have referred to our legitimate interest as the legal basis for the processing of personal data specified above, we have conducted a balancing test for those interests to ensure that our interest is not overridden by your interests or fundamental rights and freedoms. Please contact us if you wish to receive more information on the balancing test.
For information on cookies used, please see our cookie notice
We disclose your personal data:
to our third party service providers who need the information to provide us with components of the Service and/or such services as website hosting, data analysis, marketing, payment processing, order fulfillment, infrastructure provision, IT services, customer service and email delivery services;
to third parties where you have requested to use a third party service (including applications) in connection with the Service and you have requested that we provide information to them;
to an affiliate or other third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including, without limitation, in connection with any bankruptcy or similar proceedings); and
as we believe appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal processes; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain.
We share information, including personal data, with our trusted third party service providers that we use to provide services to us and process your data on our behalf and under our instruction, e.g. hosting of data and maintenance of IT-systems, payment processing, analytics and other services for us. These third party service providers have access to or process your personal data for the purpose of providing these services for us. We do not permit our third party service providers to use the personal data that we share with them for any other purpose than in connection with the services they provide to us. We have entered into data processing agreements with all of our data processors.
Use of the Service
The Service, which is accessible through the Site, enables customers to upload, manage and publish videos to a customer's own website or to third party websites. Please note that any information you disclose through videos uploaded via the Service can become public information and will be available to visitors to the website where they are posted and to the general public. We urge you to exercise discretion and caution when deciding to disclose personal data or any other sensitive information, via the Service. We are not responsible for the use of any personal data you disclose through your use of the Service.
5. OTHER IMPORTANT NOTICES REGARDING OUR PRIVACY PRACTICES
Payment Processing. We use a third party payment service ("Payment Service") to process credit card payments for certain editions of the Service. When you provide credit card information on the Site, that information is sent directly to the Payment Service. Flowplayer does not have access to your full credit card number and does not store such information in its own systems. You acknowledge and agree that any personal data that you provide in connection with such credit card payments will be transmitted directly to the Payment Service. Information transmitted to the Payment Service is encrypted using SSL software. The Payment Service is required to comply with all applicable privacy and security laws and the rules and regulations issued by the credit card companies, however, Flowplayer is not responsible for the Payment Service's failure to comply with such laws, rules and/or regulations.
Security. We have adopted technical and organizational measures to protect personal data under our control. If you have reason to believe that your interaction with us is no longer secure (e.g., if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with the "Contact Us" section below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).
Opt-Out. If you no longer wish to receive marketing-related emails from us, you have the opportunity to opt out by following the "unsubscribe" instructions in the latest such message you have received or by contacting us at email@example.com.
Note Regarding the Use of the Site by Children: The Site is not directed to children under the age of thirteen (18), and we request that children not provide personal data through the Site. If you become aware that your child has provided us with personal data, please contact us in accordance with the "Contact Us" section below.
6. TRANSFER TO THIRD COUNTRIES
We will not transfer your personal data to recipients outside EU or EEA unless we have ensured compliance with GDPR Chapter V.
Some of our third party service providers are established outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA. However, to ensure that your personal information receive an adequate level of protection we have ascertained that sufficient safety measures have been implemented to allow for the transfer, including where the European Commission have deemed the country to provide an adequate level of protection for personal data; or by use of specific contracts approved by the European Commission (Standard Contractual Clauses) which give personal data the same protection it has in Europe.
If you require further information on our current data processors established outside the EEA and the safety measures in place to allow for the transfer of personal data, please send your request to us at firstname.lastname@example.org.
7. DATA RETENTION
8. HOW TO EXERCISE YOUR DATA PROTECTION RIGHTS
You have certain choices available to you when it comes to your personal data. Below is a summary of those choices, how to exercise them and any limitations.
Under the GDPR, you have the right to:
Request access to your personal data. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. Please note that there may be circumstances in which the personal data cannot be disclosed, e.g. because of restrictions in the law.
Request rectification of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
Request erasure of your personal data (the right to be forgotten). This enables you to ask us to delete or remove your personal data. Please note that there may be circumstances in which the personal data cannot be deleted, e.g. because of restrictions in the law.
Object to processing of your personal data at any time.
Receive your personal data provided to us as a data controller in a structured, commonly used and machine-readable format and to transmit that personal data to another controller (data portability).
Where our processing is solely based on your specific consent you have the right to with-draw your consent at any time. Such withdrawal will not affect the lawfulness of processing based on consent before its withdrawal.
If you wish to exercise any of the data protection rights that are available to you then please send your request to us by email at email@example.com and we will action your request in accordance with applicable data protection laws. For your protection, we will only implement requests with respect to the personal data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request.
You can also review, correct and update certain information that you provided by logging into your Service account and editing your profile information.
You have the right to complain to your local data protection authority if you are unhappy with our data protection practices. In Sweden, you can lodge a complaint with Integritetsskyddsmyndigheten / IMY.