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Privacy Statement

XITE Privacy Statement – 2023 – CAD


Welcome to our Privacy Statement and thank you for visiting XITE. In the following, we will provide a detailed explanation of how we process your personal information (as defined in Section 1798.140 CPRA. CPRA refers to the California Consumer Privacy Act of 2018 (CCPA or Cal. Civ. Code §§ 1798.100 – 1798.199), as amended by the California Privacy Rights Act (CPRA) of 2020) and what your rights are. We realize that reading this might not be as exciting as watching music videos, but it is nonetheless good for you to know how XITE handles your information.


1) Introduction


The information we collect is primarily used to improve your music video viewing and listening experience on the XITE App and our FAST TV channels. We offer a range of products that are related to watching music videos and everything that goes with it. Our services include: 


  • XITE TV. 24/7 music videos on TV; 
  • XITE music video streaming service. A music video streaming service that gives you access to the largest music video catalog of over hundred thousand music videos. This currently consists of XITE Free and XITE Premium; 
  • XITE websites (including www.xite.com). On the XITE website, you will find lots of cool information about your favorite shows and artists, as well as about XITE;
  • XITE social media accounts on YouTube, Facebook, Instagram, TikTok and Twitter;
  • XITE events; and the
  • XITE newsletter.

The above services are jointly referred to as the “XITE Services.”


There are two categories of information that we collect: 1) information we need to enable you to use the XITE Services; and 2) to offer additional features and an improved experience (only when you consent to share this information - consent can be withdrawn at any point).


The first category includes the following information:


  • Registration details, which may include your name, date of birth, email address, gender, and other details you provide when creating an XITE account.
  • Your IP address. Our permissions to show you music videos and other content are location-based, so we need to know what country you are in when you access our services. This also enables us to make suggestions based on your general location, such as suggestions for certain XITE channels.
  • The music videos you watch and your interactions with XITE Services. This enables us to personalize your experience, make recommendations, and suggest content that may be relevant to you.

The second category includes information that enables us to offer you extra features. We can only collect this information if you explicitly opt to share it with us. It’s that simple. Here are a few examples:


  • Information collection for survey, marketing, events and other purposes (as specified in Section 3.); refusal to provide your personal information for these purposes will not have any impact on the entering into or performance of the contract. We will collect your prior consent before proceeding to processing your personal information for these purposes.
  • Your microphone: we can never open your mic or use it unless you allow the platform you use XITE on (e.g. Roku or Amazon) to do so. Activating your mic can enable you to control XITE using your voice. You can always turn off access to your mic. We will only use this option to enable voice-controlled use of XITE, not for any other purpose. We will, for example, never listen in on you or record audio using your microphone (or do other scary stuff!).

It is important to be clear on the difference between these two categories. The information in the first category is information that is needed to enable you to use XITE. By using the XITE Services you accept our Privacy Statement and authorize us to collect the information and use it for the purposes specified in this Statement.


The information in the second category is information that we will only ever collect if in the future you explicitly give us your consent to do so. We will always ask for your consent first and explain why we are asking for your consent. This information will only be used for the purposes described in this Statement. You are free to change your mind and withdraw your consent at any time. Accepting our Privacy Statement does not mean that you automatically also consent to us collecting or using information from the second category. We are only taking this opportunity to explain that when you use XITE, we can at some point ask you for consent to collect the second category of information. You do not have to consent to sharing this information with us, XITE will nevertheless offer its services to you – although in some instances possibly not in full.


We will always be clear about how and when we share your information. As part of our provision of the XITE Services, we share your information with third parties. This happens when, for example, you log on through a third party, such as your set-top box or TV provider. We will then share certain information with them, and they will share certain information with us to activate your account. In the U.S., for example, we share information with Comcast and Roku. Aside from that, we share information (such as your IP address, device ID, age, and music profile) with marketing partners that help us in our promotional campaigns and with advertisers that make it possible for us to offer some of the XITE Services free of charge. There may also be cases where you want us to share information, such as when you make a playlist and want to share it with friends. 


Your personal information will be stored in XITE’s customer database. The administrator for this database is XITE Networks USA inc, which has its registered office at 228 East 45th Street, 10017 NY, New York, USA.


We appreciate it that you have read this introduction and hope it helps you understand our data protection and privacy obligations toward you. We will specify our Privacy Statement in greater detail below, but this introduction is also part of the Privacy Statement itself – it is our promise to you. If you ever have a question, want access to your personal information, want to opt-out to stop us from using your personal information for ads or just want to chat about privacy and data protection, please drop us an email on [email protected].


2) Primary points you allow us to do with your information


By using the XITE Services, you agree that we use your information for:


  • The transfer of your information to the cloud. The clouds used for this purpose are primarily European and American ones, information is not stored outside the USA or the EU;
  • The collecting, using, sharing, and otherwise processing of your information for business purposes (as specified below in this Privacy Statement);

When you consent to entering into an agreement with XITE, you are consenting to the processing of your information by XITE Networks USA Inc. and at times other XITE entities (collectively referred to as “XITE,” “we,” “us,” “our”). 


3) Which information we collect and how


We collect and store the following categories of personal information:


Registration details 


When you sign up for the XITE Services, we may ask you for information such as your username, password, email address, date of birth, gender, and country of residence. When you are accessing the XITE Service through a third-party application (such as Comcast or Roku) and therefore using the login details for this third-party application (as defined in the Terms and Conditions of Use), you are authorizing us to collect your authentication details, such as your username and encoded login details.


Use, login details, and cookies 


XITE uses a range of different technologies to collect and process information about your usage of the XITE Services. This includes the following information:


  • Details of searches you run and the times and dates of your searches;
  • Use of XITE Services, such as which music videos you skip, like, search, and watch through to the end;
  • Technical information, such as any URL information, cookie information, your IP address, the kinds of devices you use to access and use the XITE Services, unique device ID, device features, type of TV, type of set-top box, type of network connection (such as Wi-Fi, 3G, LTE) and provider, network and device performance, browser type, language, information enabling digital rights management, operating system, and version of the XITE Services;
  • When you log in, information about the kind of subscription you have and your interactions with the XITE Services, such as interaction with music videos, playlists, other audiovisual content, other XITE users, third-party applications, and advertising, products and services offered, which are linked to or made available on or collected through the XITE Services.

We need all the above information to help run and analyze our services.


Cookies and Local Storage


Cookies are small text files that are placed on your computer, tablet or mobile device when you visit a website. A cookie contains information about browsing history on a website, such as the server’s name that placed the cookie and a unique identification number. Cookies are placed for various purposes. For example, they can save and “remember” your actions and preferences for a certain period of time. Further, they can also help to develop and improve services by compiling visitor statistics and percentages and increase the usability of XITE Services. With every visit to our websites, information like visited web pages and links is automatically collected.


We use cookies following types of cookies for the following reasons:


  • Functional cookies: to enable features on our websites and to remember your choices;
  • Session and persistent cookies: to track and analyse your usage and provide you with targeted (third party) content or advertising. 

You can opt out from all but functional cookies when you use the XITE websites. For example, when you visit xite.com you will be greeted with a cookie banner that gives you an option to opt out from our use of tracking cookies.


We may use both session cookies and persistent cookies to better understand how you interact with the XITE websites or XITE advertising published outside of the XITE Services, to monitor aggregate usage by our users and web traffic routing on the XITE Services, and to customize content and advertising. These uses allow us to improve the XITE Services. We may create a unique device or user ID for you and store it in a cookie so we can customize your experience based on your preferences.


Events, competitions, and surveys 


From time to time, we may offer you the chance, through the XITE Services, to take part in or take advantage of promotions such as events, competitions, special offers, and/or surveys (‘special promotions’). A special promotion may be subject to a separate privacy statement and/or terms and conditions on top of this Privacy Statement and the XITE Terms and Conditions of Use. In the event that provisions of the privacy statement for the special promotion or the terms and conditions are inconsistent with this Privacy Statement or the XITE Terms and Conditions of Use, the additional or separate provisions will prevail. If you decide to take up a special promotion, we may ask you for certain information on top of the information specified in this Privacy Statement, which may include personal information. Such additional information may be combined with other account information and used and shared as set out in this Privacy Statement.


XITE Service providers and partners 


We may also receive information about you from our service providers and platforms (such as Comcast,, Roku) that we use to personalize your user experience, to measure the quality of advertising, engagement with the ads, and to show you advertising that is likely to be more relevant to you. We may also use this information as specified below in the “How we use the information we collect” section.


4) How we use the information we collect


In general, we use your personal information for ‘business purposes’ or ‘commercial purposes’ as defined in Section 1798.140 CPRA. Using your information for business purposes is required, otherwise we cannot deliver the XITE Services to you. You can opt-out from XITE using your personal information for ‘commercial purposes’ (as described in section 10).


We use the information we collect, including your personal information, for the following business purposes:


  • to deliver, personalize, and improve your experience as a user of the XITE Services, including for the delivery of customized, personalized, or localized content, music videos, recommendations, and features, in or outside the XITE Services;
  • to serve ads to you and to monitor the delivered ads;
  • to guarantee the technical functionality of the service, develop new products and services, and to analyze your use of the service, including your interaction with applications, advertising, products, and services made available by, linked to, or offered through the service;
  • to communicate with you updates and changes relating to the XITE Services, including by email, notifications, text messages, or potentially other channels;
  • to communicate with you for marketing and promotions by email, notifications, or other messages;
  • to enable and promote the XITE Services and other relevant services or products, within or outside the actual service, including features and contents of the service and products and services made available through the service;
  • to enforce this Privacy Statement, the Terms and Conditions of Use, and any other terms and conditions you have accepted, including to protect the rights, property, or security of XITE, its users, or any other person or copyrighted content on the service; and;
  • to deliver music videos, features, information, advertising, or other content to you that is based on your location and your location with respect to other XITE users, and
  • as otherwise specified in this Privacy Statement.

We may use the information we collect, including your personal information, for the following commercial purposes:


  • to personalize the ads we serve you;
  • marketing campaigns involving giveaways.

Vacancies


Want to work at XITE? If so, we may use your contact details and résumé to invite you to an introductory meeting as a potential future co-worker. Our processing of the information of our members of staff is set out in a separate internal privacy policy.


5) Information sharing


The following section will describe how we may share your information, which we have collected through the XITE Services, with third parties.


Sharing by XITE 


Advertising 


We may share information with advertising partners to send you promotional messages about XITE or show you more customized content, including relevant advertising for products and services that may be interesting to you, and to understand how users respond to advertising. The cases where we share your information with our advertising partners to serve you ads is called a commercial purpose under the CPRA - it is further described in section 10 of this Privacy Statement.


We display advertisements from other companies on the XITE Services, often enabling users to interact with the advertisements or click through to websites or other properties owned or operated by other companies. These advertisers and their service providers may use cookies (on websites) or similar technologies on TVs (where users can find XITE Services on) to collect information from or about you through the XITE Services in order to tailor advertisements, measure advertising effectiveness, and enable other enhancements.


Marketing


Depending on the campaign, it could be the case that a marketing partner gives us a monetary contribution in exchange for a marketing push. For example, a partner which is organizing a festival asks us to do a campaign in which we receive a budget to conduct a giveaway of their tickets. In this case XITE might retain a specific margin within the monetary contribution. This amounts to a commercial purpose use of XITE marketing, as defined by the CPRA.


Service providers and others 


From time to time, we may share your information with services providers to facilitate delivery of our services, while always complying with this Privacy Statement. We work together with service providers that, for example, host, distribute, and run the XITE application, and we work with third parties that make analyses to help us better understand how our services are used. When a third-party or service provider processes user information on our behalf (such as a hosting service provider), we will always first enter into an agreement with such an entity that complies with this Privacy Statement and relevant privacy legislation to ensure adequate protection of your personal information. 


XITE partners 


If you access XITE through a third party, such as a TV provider (for example, Comcast or Roku), we may also share information concerning your use of the XITE Services with the relevant third party. This concerns information such as how much of the total XITE offering you use, whether you have created an XITE account, and whether you are an active user of the service.


Third party disclosure by law, by protection of rights and other forms of sharing 


Personal information may be shared for different purposes depending on the partner, including for reporting and analytics, activating, administering, and improving and personalizing your experience with XITE or such partner, including by providing you with more tailored content, features, and ads on XITE as well as on other platforms and services.


Aside from the above, we may also share your information with third parties for the following restricted purposes:


  • to enable a merger, takeover, or sale of part of or all our assets;
  • to respond to a legal procedure (such as a court order or subpoena), provided we believe in good faith that this is necessary;
  • cooperation with a government entity;
  • to comply with applicable mandatory law;
  • to deal with fraud, security problems, or technical issues;
  • to enforce our Terms and Conditions of Use;
  • for statistical analysis and academic research by academic researchers, albeit only in anonymized form;
  • to issue anonymized or aggregated information about the use of the XITE Services; and

to allow XITE group companies to use your information, as specified in this Privacy Statement.


Information minimization and purpose limitation


We do not retain personal information for longer than necessary, and do not process more personal information than needed for the purposes which we have initially collected the information for. We apply the principle of ‘information minimization’ and keep our databases clean and up to date. 


We do not collect more information than is reasonably needed to run our Services (‘purpose limitation’). For example, we mainly collect information to personalize the XITE experience, run the app, serve ads, market to individuals, and for legal purposes. Please see Sections 3 & 4 for a more detailed overview of the information we collect and for which purposes.


Furthermore, we do not use the collected information for more purposes than what we have disclosed in this Privacy Statement or at the time of collection. If at any point we would want to use your information for further purposes, we will update you accordingly and seek further consent.


Retention periods


We delete inactive user information within 18 months. 


In some instances we retain information for longer due to legal requirements (e.g. because of tax reporting - 5 years). However, the information in question is archived and not used in the development environment.


Please contact us at [email protected] if you want to learn in detail about the retention periods of your personal information. 


6) Transfer of information


XITE transfers our user information to several countries, processing this information there and storing this information on servers in said countries. This allows XITE to share your information with other XITE group companies for the purposes specified in this Privacy Statement. XITE may also outsource the processing of your information to, or share your information with third parties in countries other than your country of residence. Your personal information may therefore be governed by privacy and data protection legislation that differs from the legislation in your country of residence, including for CPRA. Information collected in the USA may, for example, be transferred to and processed by third parties based outside the United States. 


7) Links


We may display third-party advertising and content that links to third-party websites. We are unable to verify the privacy practices and content of such third parties and can therefore not be held liable for such practices and content. Please read these third parties’ privacy statements and policies to find out how they collect and process your personal information.


8) Security


We aim to protect our users’ data. The security of your information is important to us. We use a variety of physical, technical, and administrative measures to safeguard information in our possession against loss, destruction, theft and unauthorized use, disclosure, and modification. These measures include: audits, security controls, intrusion detection, security logs, incident management, information encryption, disaster recovery, information storage, confidentiality, information deletion, employee hardware hardening, employee security awareness and training, information hashing and pseudonymization. Your user account is password-protected, so make sure you use a unique and strong password, control access to your computer and browser, and log off after using the XITE Services. Although we take all the necessary data protection precautions, there are no security measures that are 100% safe, and we therefore give no guarantees as to the protection of user information. Please refer to the U.S. Federal Trade Commission’s website for information on how to protect yourself from identity theft. 


9) Minors


You must be at least 16 years old to be allowed to create a user account on XITE. Persons aged under 16 can only create a XITE user account with the approval of a parent or guardian.


If you are under 16 and you do not have the consent of a parent or guardian to use XITE, you will not be allowed to use the XITE Services and share any personal information with us. If you are the parent of a child below the minimum user age and you have found out that your child has provided personal information to XITE, please get in touch with us on [email protected], so that we can erase the data.


In the event XITE finds out that a user account has been created by an individual that is less than 16 years of age without proper parental consent, we reserve the right to terminate such an account. Please refer to our Terms of Use for more info about this topic.


10) User rights, controls and choices


General and technical overview of your rights


Once you submit a request to exercise your (below listed) rights, you will receive a confirmation of the receipt within 10 business days.


All exercisable user rights will be honored within 45 days of receiving a verifiable user request. If for whatever reason honoring your request takes longer than 45 days, we may take an additional 45 days. In this case we will notify you of the reason for the additional time needed.


In order to guarantee that the user request is verifiable, please input the correct Device ID when generating a request on the https://account.xite.com/doNotSell page or when sending us an email requesting your rights be exercised. You can find your Device ID in your app's Setting screen.


If we decide to deny any of your requests, we will give you a detailed response as to why.


We retain records of requests for 3 years. 


Disclosures About Your Personal Information 


In the past 12 months we collected the following categories of personal information from or about you and may have disclosed this information for a business purposes:


  • Identifiers, such as your name, IP address, email, and other similar identifiers; 
  • Personal information categories listed in the California Customer Records provision, such as payment information; 
  • Characteristics about you, such as age and gender; 
  • Commercial information, such as the XITE plan(s) you purchase; 
  • Internet or other electronic network activity information, such as your viewing activity on XITE; 
  • Audio, electronic, visual, or other similar information; and 
  • Inferenced based on the information we collect from or about you which we use to better understand your preferences and behavior, including to customize Content and advertising for you. 

The information gathered for business purposes is necessary for XITE to operate its services, thus, if you want to use our Services, you cannot opt out from it. Nonetheless, we would like to emphasize that the main reason behind collecting this information is to successfully deliver our Services. If we share the above information, then it is because it is contractually necessary (e.g. with our payment system providers) or legally required (e.g. sharing it with tax authorities).


Furthermore, in the past 12 months, we may have further collected the following categories of personal information, as defined in the CPRA, from the devices you use to watch XITE and may have disclosed this information for a commercial purpose (in order to serve ads):


  • idfa/ad id, 
  • User agent, 
  • IP address, 
  • ZIP code, 
  • device id, and
  • any other type of information collected in a specific marketing campaign.

Additionally, in some cases, if a user registers and provides us personal information such as their age and gender, XITE can use these for targeted ads. Users can at any time opt out from such targeted ads, as well as have their information permanently erased.


Based on the above list, we want to emphasize that the personal information we use to serve ads are almost always based on general location and the type of device you use. 


You can opt out from XITE sharing the above information for commercial purposes, however, you will nonetheless still be served ads. You can always upgrade to the Premium App in order to stop seeing them.


This Privacy Statement includes additional information about our information practices. From it you can learn more about the categories of personal information we collect from or about you and the categories of sources from which we collect this information, the business or commercial purposes for collecting this information, and the categories of third parties with whom we have shared personal information for a business purpose. 


By using XITE, and for us to deliver our Services, you agree to us collecting information about which music videos you have viewed, which music videos you have liked, and which music videos you have skipped to personalize your experience, make recommendations, and suggest relevant content. This is an automated process that is also referred to as profiling.


The following are rights that XITE users have and can exercise.


Right to Know and Data Portability


You have the right to request that we disclose to you the categories and specific pieces of personal information we have collected about you, as well as information about how we collect and use the personal information. The Right to Know is sometimes also called the Right to Access.


More specifically, our users have a right to know:


  • The categories of personal information that have been collected about you
  • The categories of sources from which the personal information is collected  
  • What the business or commercial purpose is for the collecting or selling of personal information 
  • The categories of third parties that we share personal information with
  • The specific pieces of personal information that have been collected about you

To exercise this right, go to our website at https://account.xite.com/doNotSell and follow the instructions. You will be required to verify your request via the email connected to your XITE account and device ID. You may also send us an email at [email protected] if you wish to do this process manually.


On top of that, you have the right, in some cases, to request your personal information that we have on record, with a view to transferring this information to another music video service. This is sometimes referred to as the Right to Data Portability.


Right to Delete and Stop


You have the right to request the deletion of personal information that we collect or maintain about you and your account. Please note that requesting deletion will require the cancellation and deletion of your account which, upon completion, cannot be undone. Personal information can in most cases only be erased if we do not need the information in question (anymore) for correct processing and delivery of XITE Service.


To exercise this right, go to our website at https://account.xite.com/doNotSell and follow the instructions. You will be required to verify your request via your XITE account email and device ID. 


You may also send us an email at [email protected] if you wish to do this process manually.


Additionally, you may request removal of content or information you have publicly posted on the XITE Services. To make this request, please email us at [email protected] and include a detailed description of the specific content or information you would like to remove. 


Once the request is received and verified, we shall notify and instruct third parties who have received your personal information to delete it.


Please note that this removal may not ensure complete or comprehensive removal of the content or information posted on the XITE Services by you as there may be circumstances in which the law does not require or allow removal. 


You can furthermore ask us to restrict the processing of your personal information or lodge an objection when you do not agree with the processing operations. For example, you have the right to ask us to stop processing your outdated or incorrect personal information. 


Right to Correct


You can also ask XITE to rectify, complete, or erase your personal information if it is incorrect, incomplete or irrelevant, or has otherwise been processed in a way that is in breach of privacy legislation or another legal provision. 


To exercise this right, go to our website at https://account.xite.com/doNotSell and follow the instructions. You will be required to verify your request via your XITE account email and device ID. 


You may also send us an email at [email protected] if you wish to do this process manually.


To make this request, please email us at [email protected] and include a detailed description of the specific information you would like to correct.


Right to Opt Out of “Sale” and “Sharing” 


XITE may disclose certain information about you if you are a free or free and registered user of the XITE Services for purposes that may be considered a “sale” under the CPRA (as defined in Section 1798.140). For example, we may disclose information to advertising partners, advertising technology companies, and companies that perform advertising-related services in order to provide you with more relevant advertising tailored to your interests on the XITE Services (in other words, to serve relevant ads to you). We may also disclose to our content programmers information about you, which may help personalize your experience and the content and ads you see on XITE as well as other platforms and services, as further described in this Privacy Statement. 


You have the right to ask to stop processing and sharing your information for commercial purposes. To exercise this right, go to our website at https://account.xite.com/doNotSell and follow the instructions. You will be required to verify your request via your XITE account email and device ID. You may also send us an email at [email protected] if you wish to do this process manually.


To opt out from third party cookies, please use our CMP (Consent Management Platform) once you enter our website for the first time. You can always manage your opt outs, meaning, you can opt-in at any point if you have previously opted out or vice versa.


  • Please note that all opt-outs apply on a going forward basis with respect to our disclosure of information. Even if you opt out, you will continue to receive ads on XITE, which may not be as tailored to your interests. If you do not want to have ads at all you can subscribe to our XITE Premium service.
  • We will wait 12 months before requesting that a consumer who has previously opted out re-authorize us to the sale of their personal information.

If you have any questions about your rights or if you want to exercise any of the rights specified above, please send an email to [email protected] or send us a letter using the contact details below.


Right to submit a complaint to CPPA


You always have a right to submit a complaint to the California Privacy Protection Agency (CPPA) for violations of the CPRA. Please follow this link if you wish to do so.


11) Changes to the Privacy Statement


From time to time, we may revise this Privacy Statement to reflect changes in the law or the XITE Services or for other reasons. Therefore, it is important to check the date posted at the top of the Privacy Statement each time you visit the XITE Website or use any of the XITE Services to ensure you are familiar with our most updated policies and practices. If we make any material change to this Privacy Statement, we will provide notice to you in accordance with applicable law. A valid notice may be delivered via a post on the XITE Services, by email to you at the email address that you most recently provided to us, or by other means, consistent with applicable law. Accordingly, please keep your account information, including email address, updated. 


12) Contact


If you have any questions about this Privacy Statement, or about our processing of your personal information or use of cookies or similar technologies, please get in touch with us by email on [email protected] or write us on the address below, attn. “Privacy Departement”.


XITE


The name XITE is a trade name of XITE Networks IP BV.


XITE Networks USA inc


228 East 45th Street


10017 NY


New York


United States of America


XITE Networks Netherlands BV


Spijkerkade 28 


1021 JS Amsterdam 


The Netherlands


Chamber of Commerce reg. no. 64027872