XITE Privacy Statement

XITE Privacy Statement – December 2021 – USA

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 data and what your rights are. We realize that reading this is not as exciting as watching music videos on XITE, but it is good for you to know how we handle your data.

1) Introduction

The data we collect is primarily used to improve your music video viewing and listening experience on the XITE App. XITE offers a range of products that are related to watching music videos and everything that goes with it. Our services include the following:

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;
XITE websites (including www.xite.com). On the XITE website, you will find lots of cool background information about your favorite XITE shows and artists;
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 roughly two categories of data that we collect: 1) data we need to enable you to use XITE; and 2) data we can use to offer additional features and an improved experience when you opt to share this data.

The first category includes the following data:

Registration details, which may include your name, date of birth, email address, gender, and other details you provide when creating an XITE account.
Broad non-specific location information, based on 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, as well as for festivals, gigs, or performances.
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.
Technical and sensor information that is needed to use XITE Services. This includes the kind of browser and device (set-top box, TV, smartphone) you use, the technical details of your touchscreen, and information on the accelerometer and gyroscope sensors in your device or remote control. These are technical details that are needed for the technical delivery of our XITE Services, while it also allows you to use the controls on XITE and us to perform certain simple operations, such as rotating videos and recommending music based on whether you are sitting still or walking.

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

Data collection for survey, marketing, events and other purposes (as below specified), is optional; refusal to provide your personal data 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 data for these purposes.
Your specific location: we will never collect or use the specific location of your mobile device without explicitly asking for your consent first. This kind of location information allows us to create collaborative viewing experiences (albeit only with others who have also consented to sharing their location), and make even better recommendations for popular music, live gigs, and concerts where you live.
Your photos: we will only open pictures that you specifically select. This enables you to select individual photos to use as your profile pic or to create cover art for a playlist. You can stop sharing photos whenever you want by withdrawing your consent. We will never scan or import your pictures library or camera roll.
Your contacts: we will only scan or import your contacts on your request. If you consent to it, we will use your contact details to help you find friends or contacts who are also using XITE, and we will not use them for any other purpose.
Your microphone: we will never open your mic or use it unless you explicitly consent to it. 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 data in the first category is data that is needed to enable you to use XITE. By using the XITE Services you accept our Privacy Statement, you are authorizing us to collect this data and use it for the purposes specified in this statement.

The data in the second category is data that we will only ever collect if in the future you explicitly give us your consent to do so. For this second category of data, we will always first ask you for your consent and explain why we are asking for your consent. This data will only be used for the purposes described. 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 data from the second category. We are only taking this opportunity to explain that when you use XITE, we may at some point ask you for consent to collect this data. You do not have to consent to sharing this data 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 data. As part of our provision of the XITE Services, we share your data with third parties. This happens when, for example, you log on through a third party, such as your cable TV provider or mobile operator. We will then share certain data with them, and they will share certain data with us to activate your account. In the U.S., for example, we share data with Comcast and Roku. We also share non-identifiable data with our partners in the music industry to help them analyze the performance of the content they have licensed to us. Aside from that, we share data (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 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. You can also ask us to share information (such as your email address) with artists, record companies, or other partners who may send you news updates or promotional material.

Your personal data 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 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 data, want to opt-out to stop us selling your personal data 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 data

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

the use of cookies and other technologies;
the transfer of your data to the cloud. The clouds used for this purpose are primarily European and American ones, data is not stored outside the USA or the EU;
the collecting, using, sharing, and otherwise processing of your data for business and advertising sales 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 data by the entities listed in this privacy statement, including the XITE entity (collectively referred to as “XITE,” “we,” “us,” “our”).

3) Which data we collect and how

We may collect and store the following of your data:

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, social media handle, country of residence. When you are accessing the XITE Service through a third-party application (such as Roku or Amazon Fire) 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

When you use the XITE Services, we may use a wide range of different technologies to collect data about how you access and use the XITE Services. This may include the following data:

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,” look for, and watch through to the end;
technical data, such as any URL data, cookie data, 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, data enabling digital rights management, operating system, and version of the XITE Services;
motion-generated or orientation-generated mobile sensor data (such as Accelerometer or gyroscope);
when you log in, data 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.

Cookies and Local Storage

A cookie is a small data file that is transferred to your computer’s hard disk. We may use both session cookies and persistent cookies to better understand how you interact with the XITE Services 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.

However, you can opt out from cookies when you use XITE services. 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 cookies.

Your mobile device

To maximize your XITE experience (as specified in the description of the second category of data in the introduction to this privacy statement), we deliver features that are dependent on the use of extra data on your mobile device or for which access to certain services on your mobile device is needed to be able to deliver the features. We may, for example, ask you for consent to upload photos for your profile, to connect you with your friends, or allow you to use voice commands to control XITE. By giving us such access, you are not giving us unlimited access to this kind of information, nor does it mean that we will access specific information without your consent. On the contrary, for any kind of information that is specified in this section, we will ask you for consent. If you give us such consent, we will only collect data for certain purposes as specified in the request for consent.

If you do not want to give us consent for these additional features of XITE, you can still continue to use XITE as normal without these features and accepting this Privacy Statement does not automatically constitute consent to us accessing the data described in this section.

Specifically:

Photos and camera: your photos or camera will not be accessed without your explicit prior consent. We will never scan or import your picture library or camera roll. If you consent to us accessing photos or your camera, we will only use images that you explicitly want to share with us.
Location: we will not collect or use specific location data relating to your mobile device (by using functions such as GPS or Bluetooth) without requesting your explicit consent first. If you decide to share location data, please know that you can stop sharing your location at any time. Do bear in mind, however, that this does not apply to your IP address. We will always continue to use your IP address (as specified above) to determine, for example, in which country you are and whether you comply with our license agreements.
Voice control: we will not have access to your microphone before you have explicitly given us consent for it. You can always disable your microphone. We will ask you for consent to access your mic when you want to operate XITE using voice commands.

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 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 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 data on top of the data specified in this privacy statement, which may include personal data. Such additional data 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 data about you from our service providers and video platforms (such as Comcast, Apple, Roku) that we use to personalize your XITE Services user experience, to measure the quality of advertising and replies to advertising, and to show you advertising that is likely to be more relevant to you. We may also use this data as specified below in the “How we use the data we collect” section.

4) How we use the data we collect

In general, we use your data for business purposes or sales purposes. Using your data for business purposes is required, otherwise we cannot deliver you the XITE Services. You can opt-out to stop XITE using your data for sales purposes (as described in section 10).

We may use the data we collect, including your personal data, 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 ads delivered;
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 on, or offered through the service;
to communicate with you for purposes relating to the XITE Services, including by email, notifications, text messages, or other messages;
to communicate with you for marketing and promotions by email, notifications, or other messages;
to enable and promote the service and other 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 data we collect, including your personal data, for the following sales purposes:

to personalize the ads we serve to you.

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 data of our (former) members of staff is set out in a separate internal privacy policy.

5) Data sharing

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

Sharing by XITE

Marketing and advertising

We may share data 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.

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 and similar technologies to collect information, from or about you through the XITE Services in order to tailor advertisements, measure advertising effectiveness, and enable other enhancements.

Service providers and others

From time to time, we may share your data 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 processes user data on our behalf (such as a hosting service provider), we will always first enter into an agreement with such third parties that complies with this privacy statement and privacy legislation to ensure adequate protection of your personal data. When a third-party processes personal data in their own name, this party will also be bound by the privacy legislation.

Rights holders

The XITE Services give you access to fully licensed music videos. XITE shares data (such as the number of persons, age bracket, and which artist) with the rights holders in conformity with the provisions agreed in the licenses. We may share information collected from or about you with such business partners, including email address, Viewing Information, information about the ads you view on XITE and account or device information (e.g., age, gender, device type, IP address, ZIP code, advertising identifiers). The data that XITE shares has been pseudonymized and cannot be directly traced back to specific persons, unless you consent to sharing your personal data.

Third party disclosure by law or by protection of rights

In some instances, we may disclose information from or about you without providing you a choice. For example, we may disclose your information in the following ways: to protect the legal rights of XITE and our affiliates or partners; to protect the safety and security of users of the XITE Services or third parties; to enforce our Terms of Use; to protect against fraud; and to comply with or respond to the law or legal process or a request for cooperation by a government entity, whether or not legally required.

XITE partners

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

Other forms of sharing

This 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 data 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;
to comply with applicable mandatory law;
to deal with fraud, security problems, or technical issues;
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 data, as specified in this privacy statement.

6) Transfer of data to third countries

XITE transfers data about our users to several countries, processing this data there and storing this data on servers in these countries. This allows XITE to share your data with other XITE group companies for the purposes specified in this privacy statement. XITE may also outsource the processing of your data to, or share your data with, third parties in countries other than your country of residence. Your personal data may therefore be governed by privacy and data protection legislation that differs from the legislation in your country of residence, including for Californians the California Consumer Privacy Act. Data collected in USA may, for example, be transferred to and processed by the third parties identified above, that are 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 data.

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, theft and unauthorized use, disclosure, and modification. To do so, we use methods such as hashing to pseudonymize your data. 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 data. 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 data 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 data to XITE, please get in touch with us on [email protected], so that we can erase the data.

10) User rights, controls and choices

Disclosures About Your Personal Information

We collect the following categories of personal information, as defined in the CCPA, from or about you and may have disclosed this information for a business purpose:

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.

This Privacy Statement includes additional information about our data 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.

With your consent, XITE collects data 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 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.

On top of that, you have the right, in some cases, to request a print-out of all your personal data that we have on record, with a view to transferring this data to another music video service. This is sometimes referred to as the right to data portability.

Right to Delete and Rectify

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 data can in most cases only be erased if we do not need the data in question (anymore) for the correct processing and services.

Additionally, you may request and obtain 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. Please note that this removal does 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 data 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 data. You can also ask XITE to rectify, complete, or erase your personal data 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. For this, please email us at [email protected].

Right to Opt Out of “Sale”.

XITE may disclose certain information about you if you are a registered user of the XITE Services for purposes that may be considered a “sale” under the CCPA. 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. 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 your data for sales purposes. Please note that you will still see ads, however, they will not be personalized. If you do not want to have ads at all you can subscribe to our XITE Premium service.

To opt out from third party cookies, go to our website at

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 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.

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 Site 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. Notice may be by posting a notice on the XITE Site, 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 data 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 Department”.

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

XITE Privacy Statement

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