XITE Privacy Statement
XITE Privacy Statement – 2021 – USA
Welcome to our privacy statement and thank you for watching 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.
All the data we collect are primarily used to improve your music video viewing and listening experience on XITE. 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 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, 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 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:
- 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.
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 service 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 134 N 4th St, Brooklyn, NY 11249, USA.
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 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 purposes (as specified below in this privacy statement);
- the collecting, using, sharing and otherwise processing of your data for 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”). In the “your preferences” section, we will describe the relevant settings for your XITE user account.
3) The data we collect
We may collect and store the following of your data:
3.1 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. We may also collect other information that is available on or through your account at the third-party application in question (such as Facebook), including details such as your name, profile pic, country, town/city where you live, email address, date of birth, gender, musical preferences, names and profile pics of friends, and networks.
3.2 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.
3.3 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.
- 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 in Section 3.2) 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.
3.5 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.
3.6 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 Service. 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
- 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.
5) Data sharing
This section will describe how we may share your data, which we have collected through the XITE Services, with third parties.
5.1 Sharing by XITE
5.1.1 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.
5.1.2 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.
5.1.3 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. 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.
5.2.4 XITE distribution 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.
5.2.5 Other forms of sharing
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. However, XITE will always abide by minimum standards that apply under Dutch and European law (including the European Union’s General Data Protection Regulation (GDPR)) and, where necessary, enter into a data processing agreement with these third parties to ensure adequate protection of your data.
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.
We aim to protect our users’ data. 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.
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) Your rights
You can always ask XITE for access to the personal data we have on file regarding you. 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. 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.
You have the right to ask us to stop processing your outdated or incorrect personal data and to not use your personal data for marketing purposes. 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.
You have the right to ask to stop processing your data for sales purposes. We will then serving you ads which are targeted on your personal data (for example your age or location). Please note that you will still see – not personalized – ads. If you do not want to have ads at all you can subscribe to our XITE Premium service.
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.
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.
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.
12) Changes to the privacy statement
This privacy statement is subject to change. Check the top of the page to see when the privacy statement was last changed. If we intend to make significant changes to how we process personal data, such as if we were to want to start collecting new kinds of personal data or use data for new purposes, we will first notify you. If necessary, we will then also ask for separate consent for the changes.
The name XITE is a trade name of XITE Networks IP BV.
XITE Networks USA inc
134 N 4th St
Brooklyn, NY 11249, USA
XITE Networks Netherlands BV
1021 JS Amsterdam
Chamber of Commerce reg. no. 64027872
version July 2020
XITE (“XITE”, “we”, “us”, “our”), provides a personalized music TV service that allows our subscribers (“you”, your”) access to music video’s (“XITE Content”) streamed over the Internet to Internet-connected TVs, computers and other devices (“Devices”).
- XITE Service
1.1 The service. “XITE Service”, means the personalized music TV service provided by XITE for discovering and watching XITE Content, including all features and functionalities, the website, and user interfaces, as well as all content and software associated with our service.
1.2 The XITE Service consists of:
- the “XITE Free” subscription, which provides a free version of the service with limited functionalities and advertising spots, and
- the “XITE Premium” subscription, which provides a full product version without advertisements, and
- such other services as we may offer to you in the future.
1.3 Minimum age. You must be at least 13 years of age to become a subscriber to the XITE Service. We do not accept any liability for the consequences of viewing XITE Content by viewers below the minimum age.
1.4 Private use. The XITE Service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your XITE subscription we grant you a limited, non-exclusive, non-transferable right to access the XITE Service and view XITE Content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
1.5 Geographic limitations. You may view the XITE Content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends on your chosen subscription form and is specified on the “Account” page.
1.6 Updates. The XITE Service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of XITE Content. You can at any time opt-out of tests by visiting the website www.xite.com/account.
1.7 Compliance. You agree to use the XITE Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein.
1.9 Availability; Quality; formats; use of Internet. We may interrupt or suspend the XITE Services for the purpose of maintenance or repairs to our platform. The quality of the display of the XITE Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and 4K availability is subject to your Internet service and device capabilities. Not all content is available in all formats. We refer to our website www.xite.com/account for recommended settings and requirements. You are responsible for all Internet access charges and any fees related to software that you use in connection with viewing XITE Content. The time it takes to begin watching XITE Content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your Device.
1.10 Passwords and account access. The person who created the XITE account and whose account is charged has access and control over the XITE account and the Devices that are used to access our service and is responsible for any activity that occurs through the XITE account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the account owner should maintain control over the Devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, XITE or our partners from identity theft or other fraudulent activity.
- Free Trials
2.1 Term. Your XITE subscription may start with a free trial. The free trial period of your subscription lasts for two weeks, or as otherwise specified during sign-up and is intended to allow new subscribers to try the service.
2.2 Trial eligibility. Free trial eligibility is determined by XITE at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent XITE subscription are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent XITE subscription to determine eligibility. For combinations with other offers, restrictions may apply.
2.3 Start of payment. We will charge your account for your monthly subscription fee at the end of the free trial period unless you cancel your subscription prior to the end of the free trial period. To view the monthly subscription price and end date of your free trial period, please visit our website www.xite.com/account.
- Subscription and payment
3.1 Term. Your XITE subscription will continue month-to-month until terminated. To use the XITE Service you must have Internet access and a Device. To use the XITE Premium service, you must provide us with one or more payment methods. A “payment method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you terminate your subscription before your monthly billing date, you authorize us to charge your next month’s subscription fee to your account.
3.2 Billing. The subscription fee for the XITE Service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your account on the calendar day corresponding to the commencement of the paying portion of your subscription.
3.3 Payment Methods. To use the XITE Service you must provide one or more payment methods. You can update your payment methods by contacting our customer service through xite.com/contact. We may also update your payment methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable payment method(s). You authorize us to charge any payment method associated to your account in case your primary payment method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid payment method. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your payment method. Local tax charges may vary depending on the payment method used. Check with your payment method service provider for details.
3.4 Cancellation. You can cancel your XITE subscription at any time, and you will continue to have access to the XITE Service through the end of your monthly billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month subscription periods. To cancel, please get in touch with customer service by sending a message through www.xite.com/contact. If you cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will close, please go to www.xite.com/account. If you signed up for XITE using your account with a third party as a payment method and wish to cancel your XITE subscription, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the XITE Service through that third party. You may also find billing information about your XITE subscription by visiting your account with the applicable third party.
3.5 Changes to the price and subscription forms. We may change our subscription forms and the price of our service from time to time; however, any price changes or changes to our subscription forms will apply to you no earlier than 30 days following notice to you.
4.1 By using the XITE Services, you will provide certain personal data to us, such as subscriber information and information regarding your viewing preferences. By using the XITE Services, you provide us with consent to use such personal data. All data will be collected and used by us in accordance with our privacy statement, which you will find at www.xite.com/privacy.
5.2 Customer Support. To find more information about our service and its features or if you need assistance with your account, please visit the XITE Help Center on our website. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means.
5.5 Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You are responsible to provide XITE with a correct email address.
The name XITE is a trade name of XITE Networks IP BV.
XITE Networks USA inc
134 N 4th St
Brooklyn, NY 11249, USA
XITE Networks Netherlands BV
1021 JS Amsterdam
Chamber of Commerce reg. no. 64027872