1.1Introduction and scope
1.1.1 Eva TV ("Eva Channel" or "we" or "us" or "our") provides an on demand streaming service (the "Eva TV Service") through which users can stream or temporarily download television shows, movies, video or audio clips and other audio-visual materials ("Content") by using an electronic device which is capable of connecting to the internet, including personal computers, mobile phones, tablets, media players, smart TVs, set top boxes, gaming consoles and other similar devices ("Access Device").
1.1.2In order for users to access and receive the Eva TV Service using Access Device, we have developed or made available the Eva TV software application, which also includes related explanatory materials, instruction manuals and other materials which we may elect to make available together with, or as part of the software application ( the "Eva TV App").
1.1.3 Eva TV are committed to protecting and respecting your privacy. We strive to ensure that our use of your Personal Information is lawful, reasonable, and relevant to our business activities, with the ultimate goal of improving our services and your experience.
2- WHAT IS PERSONAL INFORMATION?
2.1 -"Personal Information" refers to private information about an identifiable person, such as your name and surname, age, date of birth, contact details (e.g. your home address, postal address, e-mail address or phone number), physical location, social media account details, profile pictures, and the method by which you will pay any charges to us ("Payment Method") which shall include details of a valid, current accepted method of payment which are accepted by us, including but not limited to credit and debit cards, loyalty points which have been approved by us as a means of payment; vouchers; e-bucks; e-wallet ("Payment Details").
2.2.Other information which might be Personal Information may include:
2.2.2"Access Device and Device event information": We may collect information such as your IP address, unique device identifier, the nature of the Access Device which you used to access the Eva TV Platform (e.g. a computer, tablet or smart phone, and which type thereof), the geographic location from which you accessed our site (i.e. the geographic location of your Access Device), hardware model and settings, operating system type and version, browser type and version, browser language, system activity, crashes;
2.2.2"log information": When you use any of the Eva TV Platforms, we may automatically collect and store certain information in server logs (i.e. our web servers automatically record and maintain a log of their activities when users access any of the Eva TV Platforms), which may include your "site activity information", such as details of how, when and for how long you accessed and used any of the Eva TV Platforms and other site traffic and use information (e.g. the date and time of your site requests, referral web pages (i.e. which site pages directed you to any of the Eva TV Platforms landing pages (i.e. the page at which you accessed any of the Eva TV Platforms), URLs, which pages you accessed, the number of pages viewed and the order of those pages, the amount of time spent on those pages, the number of clicks, which video you watched, when and how long you watched, how you interacted with other Eva TV Platform users, and exit pages (i.e. sites which you navigated to when leaving any of the Eva TV Platforms);
2.2.3 "profile information". We may create sub-profiles which will be linked to your Eva TV Account, in terms of which we will allow other people (such as members of your family or household) to create a profile. We may collect and Process information and usage data per profile to make targeted recommendations to that profile when logged in to using the Eva TV Services;
2.2.4 "location information": We may use various technologies to determine your actual location, such as geographical data from your Access Device (which is usually based on the GPS or IP location); and
2.2.5 "unique application numbers": Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to us when you install or uninstall such a service or when that service periodically contacts our servers, such as for automatic updates.
3- WHEN WILL WE PROCESS YOUR PERSONAL INFORMATION?
3.1 In addition to paragraph 4 below, Personal Information may be Processed by us in several ways, including, when:
3.1.1you download the Eva TV App on your Access Device;
3.1.2 you register to use the Eva TV Services on the Eva TV website accessible at the URL: https://www.evatv.co.za ("Eva TV Website") or the Eva Channel App;
3.1.3 you stream, access or make use of the Content;
3.1.4you submit your Personal Information to us for any other reason;
3.1.5you email us through our customer support email address
3.1.6we provide the Eva TV Service to you;
3.1.7 you give us Payment Details;
3.1.8we carry out demographic research; and
3.1.9you browse or use any of the Eva TV Platforms.
4- HOW WE COLLECT YOUR PERSONAL INFORMATION
4.1We collect your Personal Information in three ways, namely actively from you, passively from your Access Device when you use any of the Eva TV Platforms, passively from our affiliates and third party service providers.
4.2Active collection from you
4.2.1 We may require you to submit certain information in order for you to register for the Eva TV Service or benefit from specified features, such as when you register on the Eva TV Website or request to receive any newsletters or similar subscriptions and we may collect Personal Information from you by asking you specific questions and by permitting you to communicate directly with us, for example via e-mail, feedback forms, site comments and forums.
4.2.2 If you contact us, we may keep a record of that correspondence.
4.2.3The Personal Information we may actively collect from you may include your identifying information (e.g. your name, surname, unique identifier date of birth, profile picture and physical location), contact details (e.g. e-mail address and phone number), Payment Method details, and other information which we may request from you from time to time.
4.3 Passive collection from your Access Device
4.3.1 We passively collect some of your Personal Information from the Access Device which you use to access and navigate through any of the Eva TV Platforms, using various technological means, for instance, using server logs to collect and maintain log information.
4.3.3A cookie is a small piece of data (an alphanumeric identifier) which our computer system transfers to your Access Device through your web browser when you visit any of the Eva TV Platforms and which is stored in your web browser. When you visit any of the Eva TV Platforms again, the cookie allows the site to recognise your browser. Cookies may store user preferences and other information.
4.3.5The information which we may passively collect from your Access Device may include your identifying information, contact details, Device and Device event information, site activity information, log information, telephony log information, location information, unique application numbers and any other information which you permit us, from time to time, to passively collect from your Access Device.
4.4Passive collection from our affiliates and third party service providers
4.4.1We collect some Personal Information passively from our affiliates and third party service providers, purely to supplement information which you have already agreed to give us and to supplement your user profile on the Eva TV Platform.
4.5Passive collection from social networking sites (with your permission)
4.5.1We may allow you to log onto any of the Eva TV Platforms by using the social media account authentication option.
4.5.2By collecting information from your social media account we enable you to enrich your profile on the Eva TV Platform by enabling you to share your information (e.g. posts, photos, videos, and contacts) which is stored on that social media account without you having to actively give us all that information, all you need to do is login using your username and password and give us your permission to access and use that information.
4.5.3There are two kinds of information which we collect from social networking sites, namely basic information and extended information.
4.5.4 Basic information
220.127.116.11Basic information is information which you have put on a social media account which you have made public in accordance with your privacy settings on the relevant social media account.
18.104.22.168This could include your name and surname, username or user-ID number, your profile picture or i URL, your e-mail address, the physical location of your Access Device, your gender, your date of birth, and any other information which you have decided to share publically (the information which you have put on your social media account profile for anyone to see).
22.214.171.124We will access your basic information from your social media account only:
126.96.36.199.1when you log on to the social media account from any of the Eva TV Platforms or if you select the "keep me logged in" function;
188.8.131.52.2 with your permission; and
184.108.40.206.3in line with your privacy settings on the relevant social media account.
220.127.116.11 Extended information is information which you have put on a social media account over and above the basic information. This could include your additional identifying information and contact details, biographical information, educational history, personal preferences, religion, your "friends" or contacts on the social media account, your "likes" and "dislikes", information you have "shared" (e.g. comments on, or shared content on, your or your friend's Facebook "wall"), your recommendations to your friends or other social media account contacts, your game scores and rankings, and any other information which you have put on, or actions you have done, on a social media account (e.g. the information on your Facebook "wall", your game score predictions, or the trophies you've won on our games), and any other information which you permit us, from time to time, to passively collect from a social media account.
18.104.22.168 We will collect from the relevant social media account your extended information only if and to the extent that you give us permission to do so.
22.214.171.124 You can decide the layers of extended information which you want to share with us and manage it either through one of the Eva TV Platforms or the relevant social media account;
126.96.36.199 We may offer you the ability to import your address book contacts or to manually enter third parties' contact details in order to populate your invite list on the Eva TV Platform ("your contacts"). You may authorise us to send your communications to your contacts on your behalf (e.g. to send your contact an e-mail or notification from you or on your behalf inviting him/her to join Eva Channel).
188.8.131.52We only receive information from social media accounts we do not give them access to any of your Personal Information.
5- HOW WE USE YOUR PERSONAL INFORMATION
5.1We use the information we collect to provide, maintain, and improve the Eva TV Services, to develop new services, and to protect us, our services and our users. We constantly strive to improve our users' experience, and so we also use the information we collect in order to offer you information and content which is more appropriately tailored for you.
5.2 We may use your Personal Information:
5.2.1to retain and make available to you information on the Eva TV Website;
5.2.2 to create your user account and ensure that it doesn't duplicate an existing user account on any of the Eva TV Platforms and allow use of any of the Eva TV Platforms, products and services;
5.2.3as a registered user, to notify and authenticate your identity when you view and access the Eva TV Website and Eva TV Services;
5.2.4maintain and update our customer, or potential customer, databases;
5.2.5to establish and verify your identity on the Eva TV Website;
5.2.6fulfil your requests for certain services;
5.2.7diagnose and deal with technical issues and customer support queries and other user queries, such as problems with our server, determine the optimal and fastest route for your Access Device to use in connecting with any of the Eva TV Platforms, and administer, maintain and secure the Eva TV Platforms;
5.2.9 conduct market research surveys, product research and development;
5.2.10 provide you with the latest information about our products and services on offer, provided you have agreed to receive such information;
5.2.11communicate with you;
5.2.12 compile non-personal statistical information about browsing habits, click patterns and access to the Eva TV Website;
5.2.13improve the Eva TV Platforms, analyse trends and administer the Eva TV Platforms, including requesting feedback on, products and servers, address any issues and liaise with users in that regard;
5.2.14keep a record of our communications with you and your communications with us;
5.2.15fulfil any contractual obligations we may have to you or any third party;
5.2.16 improve your user experience and the overall quality of our services;
5.2.17customise the Eva TV Platform to your preferences and tailor information and/or Content for you to ensure that it is presented in the most effective manner for you and for your Access Device;
5.2.20subject to paragraph 4.3.2 to 4.3.5, provide you with online recommendations of our products which we believe might be of interest to you, based on your log information or consumption data (i.e. what you have watched);
5.2.21to compile and use statistical information about you and other users and their access to and use of any of the Eva TV Platforms, browsing habits, click-patterns, preferences, and demographics which we may use to develop, provide and improve the Eva TV Platforms and our products and services, including, recommendations to users and tailoring information and Content for users;
5.2.22to compile, use, disclose and trade with non-personal statistical information about our users and their access to and use of the Eva TV Platform, browsing habits, click-patterns, preferences, demographics which we or our advertisers may use to develop, provide and improve the Eva TV Platform and our products and services, including targeted advertising to user groups. Please note that the information referred to in this paragraph 5.2.22 is aggregate information about our users which has de-identified users' personal information such that it cannot be linked back to identify you. We will not disclose your identifiable personal information to anyone without your permission;
5.2.23for security, administrative and legal purposes;
5.2.24for customer relations; and
5.2.25 other activities not specifically mentioned which are lawful, reasonable, relevant to our business activities and the minimum necessary and adequate in order for us to provide the Eva TV Platform, and our products and services.
5.3 We will get your permission before collecting or using your Personal Information for any other purpose.
6- COMPULSORY INFORMATION AND CONSEQUENCES OF NOT SHARING WITH US.
Only your e-mail address, name and surname, and contact details constitute compulsory information. All other information is optional. If you do not agree to share your compulsory information with us, then you will not be able to make full use of the features that are offered to registered users. If you do not agree to share your optional information with us, then you may not be able to enjoy all of the features and functionality on the Eva Channel Platform.
7- SHARING OF YOUR PERSONAL INFORMATION.
7.2 You agree that your Personal Information may be shared under the following circumstances:
7.2.2 to our employees, contractors and agents if and to the extent that they need to know that information in order to process it for us and/or to provide services for or to us, such as site hosting, development and administration, technical support, financial services such as processing of payments, delivery services, marketing services (only in respect of the Eva TV Platform, products and services) and other support services. We will authorise any information processing done by a third party on our behalf, amongst other things by entering into written agreements with those third parties governing our relationship with them and containing confidentiality and non-disclosure provisions. Such persons may be disciplined, their contracts terminated or other appropriate action taken if they fail to meet their obligations;
7.2.4 in order to protect our rights, property or safety or that of our customers, employees, contractors, agents and any other third party;
7.2.5in order to mitigate any actual or reasonably perceived risk to us, our customers, employees, contractors, agents or any other third party;
7.2.6 to any third party who acquires (or proposes to acquire) ownership or control of our assets, shares or management, or that of our affiliates, and/or any of the Eva TV Platforms, whether by sale, merger, acquisition or otherwise, and/or to any third party from who we acquire (or propose to acquire) ownership or control of assets, shares or management, whether by purchase, merger, acquisition or otherwise;
7.2.7to governmental agencies, exchanges and other regulatory or self-regulatory bodies if we are required to do so by law or if we reasonably believe that such action is necessary to:
7.2.8 comply with the law or with any legal process;
7.2.9 protect and defend the rights, property or safety of us, our affiliates or our customers, employees, contractors and agents or any third party;
7.2.11protect the rights, property or safety of members of the public (if you provide false or deceptive information about yourself or misrepresent yourself as being someone else, we may proactively disclose such information to the appropriate regulatory bodies and/or commercial entities).
7.3We may use your Personal Information to compile profiles for statistical purposes and may freely trade with such profiles and statistical data, provided that the profiles or statistical data cannot be linked back to you by a third party.
7.4 We will get your permission before disclosing your Personal Information to any third party for any other purpose.
8- STORAGE AND TRANSFER OF YOUR PERSONAL INFORMATION.
8.1 We store your Personal Information on our servers.
8.2 We reserve the right to transfer to and/or store your Personal Information on servers in a jurisdiction other than where it was collected, and such jurisdiction may not have comparable data protection legislation.
8.3 If the location that Personal Information is transferred to does not have substantially similar laws which provide for the protection of Personal Information, we will take reasonably practicable steps to ensure that your Personal Information is adequately protected in that jurisdiction.
9.1We take reasonable technical and organisational measures to secure the integrity of retained information, using accepted technological standards to prevent unauthorised access to or disclosure of your Personal Information, and protect your Personal Information from misuse, loss, alteration or destruction.
9.2 We usually use encrypted servers which are stored on our premises in other locations where we operate, and we require you to enter a password when logging in to the Eva TV Platform.
9.3 If we need to make a payment to you we will send you an e-mail requesting your banking details and make payment directly into your chosen bank account. We will keep the Payment Method details (for finance, recordkeeping and audit purposes) on secure servers. We will not disclose Payment Details to any third party except to the extent necessary to process and record payments.
9.4Where we allocate you or replace a password which enables you to access certain parts of the Eva TV Platform, we will do so in an automated manner and we do not store it. You are responsible for keeping your password confidential. Please notify us immediately and change your password if you become aware that your password has or may have become compromised or accessed by an unauthorised person.
9.5 Even by taking the above measures when Processing Personal Information, we do not guarantee that your Personal Information is 100% secure.
10- RETENTION OF YOUR PERSONAL INFORMATION.
10.1 We retain all Personal Information which we collect from you unless there is a valid technical, legal or business reason for us to delete, destroy or de identify it ("retained information").
10.2We may keep all retained information for as long as you continue to access any of the Eva TV Platforms for as long as reasonably necessary or until you contact us and ask us to destroy the retained information. Subject to paragraph 10.3 below:
10.2.1 if you do not access any of the Showmax Platforms for a consecutive period of two and a half years we will inform you that your account is dormant; and
10.2.2 if you do not access any of the Eva TV Platforms for a further six months after the dormancy notification, we will delete, destroy or de identify all your Personal Information from our records except for information which we store for historical, statistical or research purposes.
10.3.1 we are required by law, a code of conduct or a contract with you to keep it;
10.3.2we reasonably need it for lawful purposes related to our functions and activities;
10.3.3 we reasonably need it for evidentiary purposes; or
10.3.4 you agree to us keeping it for a specified further period.
11- KEEPING YOUR PERSONAL INFORMATION UPDATED AND CORRECT
11.1Where required by law, we take reasonable steps to ensure that your Personal Information is accurate, complete, not misleading, and up to date.
11.2You must let us know if any information we have about you is incorrect, incomplete, misleading or out of date, by notifying us at the contact details set out in paragraph 18.1 below. If you are a registered subscriber of the Eva TV Services with an active subscription, you can modify some of the Personal Information you have included in your profile by logging in and accessing the account created by you on the Eva TV Website or Eva TV App in terms of which you can access the Eva TV Services ("Eva TV Account").
11.3Where required by law, we will take reasonable steps to correct or update the relevant information accordingly having regard to the purpose for which the information was collected or used.
11.4 If you contest the accuracy of your Personal Information, we may elect to verify its accuracy and, if we do so, we may restrict the processing of the contested information for a reasonable period while we verify its accuracy.
12- YOU GIVE UP YOUR RIGHTS
12.1 You agree that where the law requires us to make you aware of something (to inform or notify you) or to do something else, we do not have to do this. This only applies as far as the law allows this.
12.2For example, sometimes the law says that we have a duty to make you aware of some information or other matters, unless you agree that we do not need to do these things (this is called a waiver of rights). Because you agree to this, we will not have this duty anymore and will not need to make you aware of the information or other matters.
14.1 Subject to paragraph 14.2, the Eva TV Platform is not targeted at children under the age of 18. We will not knowingly collect information from persons in this age group without permission to do so.
15- DIRECT MARKETING
15.1 When you register on the Eva TV Platform you will receive marketing communications from us.
15.2 You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communications from us if that approach or communication is primarily for the purpose of direct marketing ("direct marketing communications").
15.3 You may opt out of receiving direct marketing communications from us at any time by requesting us (in any manner, whether telephonically, electronically, in writing or in person) to desist from initiating any direct marketing to you.
15.4 If you have opted out, we may
15.5 send you written (which may include electronic writing) confirmation of receipt of your opt out request, and
15.6not send you any further direct marketing communications.
16- THIRD PARTY SITES
16.1We are not responsible for the privacy practices of a third party site to which there may be a link on any of the Eva TV Platforms or to which you may log in from any of the Eva TV Platforms.
17- HOW TO PROTECT YOUR PERSONAL INFORMATION
17.1 People have different privacy concerns. Our goal is to be clear about what information we collect so that you can make meaningful choices about what you make available. For example, you may -
17.1.2control who you share information with, on or via any of the Eva TV Platforms;
17.1.3set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being sent by us (see paragraphs 4.3.2 to 4.3.5 above);
17.1.3request us to indicate what Personal Information of yours we have on our systems;
17.1.4request us to correct or update your Personal Information (see paragraph 11) or to destroy or delete your Personal Information (subject to paragraphs 12 and 10);
17.1.5 object to any unlawful processing of your Personal Information; and
17.1.6request that your Personal Information is deleted if it is no longer required for the purposes for which it was collected or required by Eva TV in terms of any applicable law, subject to paragraph 10; and
17.1.7 refuse the processing of your Personal Information for direct marketing purposes (see paragraph 15 ).
17.2As far as the law allows, we may charge a fee for attending to any of your requests above and may also refuse to carry out any of your requests in whole or in part.
18- GOVERNING LAW