These terms and conditions (the “Agreement”) is entered into by the Customer referenced in the signup form (“Customer”) and Wowza Reviews (“Wowza”). The Customer is signing up to use the basic services, as listed on the signup page, (the “Wowza Service”), including where the Customer is granted a free trial of the Wowza Service ("Free Trial").
The Agreement includes (i) the signup form which contains details of the Wowza Service ("Signup Form"), (ii) Appendix A (if applicable) and (iii) all operating rules, policies and guidelines (collectively, the "Guidelines") that are referred to herein or that may otherwise be published by Wowza on its software applications (as new Guidelines may be created and other Guidelines may be periodically amended).
1. The Wowza Service
1.1 Wowza Account
When the Customer signs up for the Wowza Service, Wowza will provide the Customer with an account on Wowza's software application ("Wowza Account"). In the Wowza Account, the Customer will be able to view and have access to some of the services and features that are part of the Wowza Service. Wowza may at any time and without notice remove, change and alter the services and features made available to the Customer. Wowza may offer the Customer additional services, features or free trials of various Wowza services in addition to what is described in this Agreement and in Customer's Wowza Account. If the Customer uses the additional services and features and/or the free trials, such use will be governed by this Agreement and the Guidelines, and the Customer accepts to comply herewith when using these services, features and free trials.
Wowza reserves the right to change the name of the use of the Wowza Service, currently named "Wowza Account".
Such change will not affect the validity or enforceability of this Agreement, including any rights or obligations that the Customer or Wowza in accordance with the Agreement.
1.2 Non-Wowza Applications
Non-Wowza applications can be web-based or software applications that connect or interoperate with the Wowza Service. Non-Wowza applications include applications that are developed for or by the Customer, applications that are listed in online directories, app-stores, catalogues or similar marketplaces, or third-party application that are identified as Wowza applications. These non-Wowza applications can be made available to the Customer by Wowza or a third party. The Customer’s use of non-Wowza applications, and any exchange of data between the Customer and the non-Wowza application provider, is solely a matter between the Customer and the non-Wowza application provider. The Customer agrees as between the Customer and Wowza that any data related to the Customer’s use of such Non-Wowza Application is the sole responsibility of the Customer. If the Customer installs or enables non-Wowza applications that connect with the Wowza Service, the Customer accepts that Wowza may allow the non-Wowza application provider to access the Customer's data, including Consumer Data and Confidential Information, as required for the connection and interoperation of the non-Wowza application with the Wowza Service. The Customer may be required to accept separate terms for the use of non-Wowza applications, and such terms will apply to the relationship between the Customer and the non-Wowza application provider regarding the use of the non-Wowza application. It is the sole responsibility of the Customer to ensure that such terms provide appropriate protection of and access to the Customer's data, including Consumer Data and Confidential Information. The Wowza Service may also contain features that are designed to connect or be compatible with non-Wowza applications. If the Customer wishes to enable such features, the Customer may be required to grant Wowza access to the Customer's account(s) on the non-Wowza applications and the Customer warrants that Wowza is lawfully entitled to access such information on behalf of the Customer. If the non-Wowza application provider ceases to make the non-Wowza application available to the Customer, Wowza reserves the right to cease to provide these features to the Customer without entitling the Customer to any refund or compensation. Non-Wowza application providers are not subcontractors of Wowza, and Wowza is not responsible for the non-Wowza application providers' conduct or negligence, including but not limited to any disclosure, modification, corruption, loss or deletion of the Customer's data resulting from any access by a non-Wowza application provider to the Customer's data from the Wowza Service via a non-Wowza application used, enabled or installed by the Customer. For the avoidance of doubt, Wowza is not responsible and shall have no liability or obligation for non-Wowza applications, and Wowza makes no representation and gives no warranty in relation to any non-Wowza applications, whether or not they are designated by Wowza as "certified" or with a similar designation.
1.3 Free Trial
The Customer may be offered the option to sign up for a Free Trial, which will grant the Customer access to additional Wowza services for free for a temporary period. the length of the Free Trial period will be described in the Signup Form ("Free Trial Period"). The Free Trial Period will start on the date when the Customer signs up or as otherwise stated in the Signup Form and continue for the Free Trial Period, unless terminated earlier. The Free Trial is further described in Appendix A to this Agreement. Upon expiration of the Free Trial Period, the Customer will no longer have full access to the Wowza Service. The Customer will, however, still have access to the Wowza Account unless Wowza decides to terminate the Agreement pursuant to section 6.2. Wowza reserves the right, in its sole discretion, to refuse to allow a Customer to sign up for a Free Trial.
User Content Responsibility
Wowza is not responsible and assumes no liability for the Consumers' and other third parties’ conduct on Wowza’s software applications, or the use of the Wowza Service, including any review and other content published by the Consumers and other users ("User Content"). Wowza does not and cannot control or monitor the User Content and does not in any way endorse User Content. Nor do the opinions expressed in the User Content represent the opinions of Wowza, its affiliates or any officers, directors, employees, contractors or shareholders of Wowza and its affiliates.
2. User Content Responsibility
2.1 No Endorsement
The Agreement shall not be considered or interpreted in any way as an approval, endorsement or recommendation of the Customer by Wowza, or of the Customer's products or the Customer's services. The Customer shall not under any circumstances market itself or in any way give public declarations in conflict with the above.
3. Customer Obligations
3.1 Customer’s General Obligations
The Customer shall be obligated to (i) comply with the Agreement; (ii) comply with the Guidelines in force at any time; (ii) only use the Wowza Service on the domain(s) covered by the Agreement; and (iv) comply with all applicable laws and regulations with respect to its activities under this Agreement at all times. The Customer acknowledges that Wowza will have no responsibility for the Customer’s compliance with Privacy Laws. The Customer warrants and represent the Customer owns or has an exclusive license to operate the domain(s) listed on the Order Form.
3.2 Password
When the Customer signs up for a Wowza Account, a password for login purposes for that account is created. This password may only be used by and for the Customer. The Customer is responsible for all use of the Wowza Service occurring under the Customer's Wowza Account. The login to the business account may not be shared. If the Customer has a need for more than one person to have access to the Customer's business account, the Customer must ensure that each person has his or her own login. Access to multiple business logins may require that the Customer licenses additional modules on the Wowza Service. The Customer and any person with a unique login to the Customer's business account must be contactable at any time via email as Wowza's system relies on continuous user authentication to be carried out via email, with no options for Wowza staff to bypass this, thus ensuring security.
4. Changes to the Agreement
4.1 Changes and Amendments
Wowza is entitled to modify and make changes to the Agreement and Guidelines that are referred to herein or that may otherwise be published by Wowza on its software application from time to time. The latest applicable versions will be available on Wowza's software application.
4.2 Applicable Version
Wowza will give the Customer prior notice on its software application if changes are made to the Agreement or the Guidelines. The latest versions of any of these documents shall be integrated parts of the Agreement. The Customer agrees that the continued use of the Wowza Service after any posted modified versions of the Agreement or the Guidelines entails the Customer's acceptance hereof.
5. Term of the Agreement
5.1 Effective Date
The Agreement becomes binding and effective on the date ("Effective Date") that the Customer: (1) clicks on the designated "accept" button; or (2) otherwise confirms its acceptance in writing, including by email.
5.2 Duration
The Agreement remains effective in accordance with the term described in the Signup Form. If a Signup Form is not applicable, the Agreement remains in force until terminated by one of the parties, as set forth in section 6.
5.3 Remuneration
Use of the Wowza Service under this Agreement is free of charge.
6. Termination
6.1 Termination by the Customer
The Customer can discontinue its use of the Wowza Service at any time. The Customer has the option to de-activate its Wowza Account at any time. De-activation of the Wowza Account and discontinuation of the Wowza Service can be done by through the Mobile App or by contacting support@wowza.co.
6.2 Termination/Suspension by Wowza
Wowza may without prior notice at any time and for any reason, including but not limited to a period of account inactivity, terminate the Customer's access to the Wowza Service, terminate the Agreement, suspend or terminate the Customer's Wowza Account. Wowza will notify the Customer of such termination or suspension.
6.3 Obligations Upon Termination
Upon termination of the Agreement, the parties are discharged from any obligations under the Agreement.
6.4 Termination of Use
In case of termination of the Agreement, no matter the cause, the Customer is obligated to cease any use of the Wowza Service from the date of termination.
6.5 Reviews on the Software Application
Termination of the Agreement, no matter the cause, will have no effect on reviews posted on Wowza's software application even if such reviews have been posted as a result of the Customer's use of the Wowza Service. Reviews will remain on Wowza's software application, or other third-party networks until removed by the respective Consumer or by Wowza.
6.6 Injunctive Relief
The Customer's unauthorized use of the Wowza Service can be prohibited by way of injunctive relief without any requirement to post bond or other security.
7. Indemnity
7.1 Indemnity
The Customer shall indemnify, defend and hold harmless Wowza and its affiliates and its and their respective officers, directors, employees and agents (collectively “Indemnitees”) against any liability, losses, damages, penalties, judgments, awards, settlements, costs and expenses (collectively “Losses”) suffered or incurred by any Indemnitee as a result of any third party claim, allegation, action, suit or proceeding (including any investigation or other claim, allegation, action, suit or proceeding by any governmental authority) (“Third Party Claim”) arising from or related to any assertion that (a) the use of any content provided by the Customer (i) infringes the intellectual property rights of a third party and/or (ii) violates applicable law and/or the Guidelines; (b) the use by the Customer of Wowza’s Service violates the Guidelines or applicable law; (c) Wowza's use of Consumer data under this Agreement is in breach of the Data Protection Requirements or contractual commitment of the Customer; or (d) any email message sent or caused to be sent by Wowza on behalf of the Customer violates any applicable law, rule or regulation; (e) The Customer is or has breached any of the warranties or representations made by the Customer in this Agreement. The Customer shall not bring any claim against the Indemnitees arising from or related to any User Content, including without limitation any claim that the User Content is defamatory, offensive or otherwise harmful. The Customer shall indemnify, defend and hold harmless the Indemnitees against any Losses suffered or incurred by any of the Indemnitees as a result of any such claim, whether such claim is brought by the Customer, any of its affiliates, or any of its or their officers, directors, employees, contractors, agents, shareholders or other associated third parties.
8. Limitation of Liability
8.1 "As Is"
The use of the Wowza Service is the sole responsibility of the Customer. The Wowza Service is supplied "as is", it may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability, and Wowza does not guarantee the general applicability or availability of the Wowza Service or any data related to the Customer’s use of Non-Wowza Applications.
8.2
All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from the Agreement.
8.3 Under no circumstances shall Wowza be liable to the Customer for any of the following types of loss or damage arising under or in relation to this Agreement (whether arising for breach of contract, misrepresentation, (whether tortious or statutory), tort (including but not limited to negligence), breach of statutory duty or otherwise): (i) any loss of profits, contracts, pure economic loss, business, business opportunity, loss or corruption of data or information or recovery of data or information, depletion of goodwill, security breach resulting from a failure of third party telecommunications and/or the internet, wasted expenditure, anticipated savings or revenue (regardless of whether any of these is direct, special, indirect or consequential); or (ii) any loss or damage arising in connection with liabilities to third parties (whether direct, indirect or consequential); or (iii) any special, indirect or consequential loss or damage whatsoever, even if Wowza was aware of the possibility that such loss or damage might be incurred by the Customer.
8.4
Wowza is not liable for the Customer's use of the Wowza Service, including without limitation liability for breach of contract, misrepresentation (whether tortious or statutory), tort (including negligence), breach of statutory duty, restitution or otherwise arising from or in connection with the Agreement, the Wowza Service or any of the websites and/or software applications operated by Wowza.
8.5
Nothing in the Agreement shall exclude or limit either party's liability to the other for death or personal physical injury arising out of negligence, fraud or fraudulent misrepresentation.
9. Assignment and Transfer
9.1 Customer
The Customer is not entitled to assign or transfer its rights or obligations under the Agreement to any third party without prior written consent from Wowza. Any change of direct or indirect control of the Customer (whether by sale of controlling equity interests or otherwise) will be deemed to be an assignment of the Agreement by the Customer that requires Wowza’s prior written consent.
9.2 Wowza
Wowza may assign and/or transfer any of its rights or obligations under the Agreement to any third party.
10. Intellectual Property Rights
10.1 Exclusive Rights of Wowza
The Wowza Service, including any content on the Wowza Service and all underlying technology (including all intellectual property rights embodied therein), is and will remain the sole and exclusive property of Wowza and will be protected in accordance with applicable copyright laws and other legislation. No license to any underlying technology is granted. If the Customer provides feedback, ideas, suggestions or comments on or regarding Wowza’s websites and/or software applications, the Wowza Service, the Lab Features or other services offered by Wowza ("Feedback"), the Customer hereby grants to Wowza a perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to fully exploit such Feedback for any and all purposes.
10.2 Wowza Designs
The Customer is only permitted to use Wowza's logos, graphics and trademarks ("Wowza Designs") if such right has been granted to the Customer by Wowza. The Customer will be able to see if such right has been granted by viewing the Customer's Wowza Account on Wowza's website and/or software application. If such right has been granted, the Customer is only entitled to use Wowza Designs in accordance with the Guidelines.
10.3 General Reference to the Customer
The Customer agrees that Wowza may use the Customer's name and logo on Wowza's software application and as a part of a general list of Wowza's customers for use and reference in corporate, promotional and marketing material.
11. Confidentiality
11.1 Confidential Information
The parties are mutually obliged not to reveal the content of the Agreement to any third parties and to keep confidential the terms of this Agreement (including any Signup Form) and other pieces of information that the parties may have exchanged or may in the future exchange regarding their undertakings or business relationships under or in relation to this Agreement. Information which derives from or concerns a party can be demanded to be kept secret due to the nature of the matter.
11.2 Disclosure of Confidential Information
The duty of confidentiality does not include information which is already published or publicly known unless the publication is due to a breach of the confidentiality obligations laid down in the Agreement. Disclosure of confidential information is not prohibited if such disclosure: (a) is in response to a valid order or request of a court or other governmental body or in order for the party to cooperate with authorities, courts or governmental bodies; (b) is requested to be disclosed on a confidential basis to a party's attorneys, advisors or potential acquirers or sources of financing in connection with a due diligence request; or (c) is otherwise required by law.
Notwithstanding the foregoing confidentiality obligation, the parties shall be entitled to disclose the existence of this Agreement to third parties including its termination.
12. Code of Ethics
12.1 Wowza is committed to creating and maintaining the highest standards of trustworthy and useful reviews. The foundation to achieving this are Wowza’s core values of integrity, trust and transparency. Wowza expects those who use the platform and/or do business with Wowza to make decisions that align with Wowza’s core values. Wowza requires its customers, suppliers, contractors and business partners to adhere to the same core values.
13. Severability, Survival and Precedence
13.1 Severability
The invalidity, illegality or unenforceability of any section (or part of a section) of the Agreement does not affect the continuation in force of the remainder of the section (if any) and of the Agreement as a whole.
13.2 Survival
The following sections shall survive termination of this Agreement; sections 6, 7, 8, 10, 11, 12, 13, 14, 15 and any other section that by its nature is intended to survive expiry or termination of the Agreement.
14. Entire Agreement
14.1
This Agreement constitutes the entire agreement between the Customer and Wowza in relation to its subject matter. It replaces supersedes all prior agreements, , warranties, contracts, and representations made by or on behalf of the parties whether oral or written.
14.2
No modifications of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorized representatives).
15. Governing Law and Jurisdiction
15.1
The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with laws of the state of California. Each party irrevocably agrees that the courts of San Bernardino County, California in the first instance shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims)
16. Notices
16.1
Notices required to be given under this Agreement shall be in writing and can be delivered by email, hand, sent by pre-paid first-class post or recorded delivery post to the other party at its address set out in this Agreement or the Signup Form.
16.2
A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by fax shall be deemed to have been received at the time of transmission (as shown by the timed printout obtained by the sender). A notice sent by email shall be deemed to have been received at 9.00 am on the first business day following delivery.
16.3
THE INFORMATION WE COLLECT
WOWZA! obtains information about you when you use our Services. Please note that we need certain types of information so that we can provide Services to you. If you do not provide us with such information, or ask us to delete it, you may no longer be able to access or use all or part of our Services.
1. Information You Voluntarily Provide to Us
WOWZA! collects information directly from you in a variety ways including:- The account registration process and the administration of your account;- Receiving the questions, communications, or feedback you submit to us via email or online forms;- Your participation in research and surveys; and- Requests you submit for customer support and technical assistance, including through online chat functions, message, and text messages.
WOWZA! collects the following types of information directly from you:- Name, mailing address, telephone number and email address;- Billing information, such as credit or debit card number, bank account and routing numbers, and identity verification information that is collected though our payment processors on our behalf;- Log-in credentials;- Information about purchases or other transactions with WOWZA!;- Information about your customer service and maintenance interactions with us;- User-generated content you post in public online forums on our Services; and- Any other information you choose to directly provide to us in connection with your use of the Services.
2. Information We Collect Through Automated Means
WOWZA! and our services providers (third-party companies that work on our behalf) use a variety of technologies to assist in collecting information about your use of the Services and the devices you use to access the Services.
Visitor Data. When you use our Website, we collect information that will help us understand and analyze your experience interacting with our Services. For example, we may collect information related to domain names, the type of browsers used to access the Services, operating system software, browser plug-ins, cookie preferences, search engine keywords, the pages you viewed and amount of time spent on particular pages, terms you use in you searches on our Website, and similar information.
Location Information. When you use the Services, we and our service providers may automatically collect general location information (e.g., IP address, city/state and or postal code associated with an IP address) from your computer or mobile device. This information allows us to enable access to content that varies based on a user’s general location (e.g., to provide you with accurate sales tax information and to deliver content customized to your location).Cookies. “Cookies” are a feature in your browser software. If enabled, we, or our service providers, may write cookies that may store small amounts of data on your computer about your visit to any of the pages of the Website. Cookies assist us in tracking which of our features appeal the most to you and what content you may have viewed on past visits. When you visit this Website again, cookies can enable us to customize our content according to your preferences.
We may use cookies to: - keep track of the number of return visits to this Website; - accumulate and report aggregate, statistical information on Website usage; - deliver specific content to you based on your interests or past viewing history; and save your password for ease of access to the Website.You can disable cookies, although the Website may not function properly for you. Your browser preferences can be modified to accept or reject all cookies, or request a notification when a cookie is set. You may read more about cookies at http://cookiecentral.com. In order to use all of the features and functionality of WOWZA!’s Website, you need to accept cookies.
Web Beacons. A web beacon, sometimes called a tracking pixels, is a programming code that can be used to display an image on a web page, but can also be used to transfer your unique user identification to a database and associate you with previously acquired information about an individual in a database. This allows WOWZA! and our third-party service providers to track certain websites you visit. Web beacons are used to track online behavioral habits for marketing purposes to determine products or services you may be interested in. In addition to using web beacons on web pages, we also use web beacons in email messages sent to individuals listed in WOWZA!’s database. Other Online Tools. WOWZA! may also use a web server log or an SDK. A webserver log is a file where website activity is stored. An SDK is a set of tools and/or code that we embed in our software to allow third parties to collect information about how people interact with our Services.As we continue to develop the Website and our Services, WOWZA! may implement additional methods to gather information about the WOWZA! community.
3. Information We Collect From Social Media and other Content Platforms
WOWZA! maintains a presence on a variety of social media platforms. When you “like” or “follow” us on Facebook, Instagram, Twitter, or other social media platforms, we may collect some information about you. This information includes your name, email address, any comments or content you post that is relevant to WOWZA!. We also collect your information if you sign up for a promotion and submit information to us through one of our social media accounts.
WOWZA! also maintains several blogs as a part of its Services. When you comment or post content to any of our blogs, we will collect your name and email address.
HOW WE USE YOUR INFORMATION
The following paragraphs describe how WOWZA! uses your information in connection with our Services.General Use. WOWZA! will use your information as necessary to carry out and manage its Services. This includes, using your information to verify and administer your account, including processing payments and fulfilling orders (if applicable). We will use your information to communicate with you about WOWZA!’s Services, your use of the Services or your inquiries related to the Services. WOWZA! will use your information to ensure that content from our Services is presented in the most effective manner for you and for your computer or device, allow you to participate in interactive features of our Services (when you choose to do so), and as part of our efforts to keep our Services safe and secure.
Improve WOWZA!’s Services. WOWZA! continuously seeks to improve its Services. To do so, we conduct research to understand the effectiveness of our Services, improve our Services, and to better understand the WOWZA! community. If we publish the results of our research to others, such research will be presented in a de-identified and aggregate form such that individual users cannot be identified.
Promotional Communications. We will use your personal information to communicate with you by email, postal mail, phone, or text message about surveys, promotions, special events or our products and Services and those of our affiliates or third-party partners, and any of their related businesses. By creating an account and using this Website, you are giving your express permission to WOWZA! and their agents or vendors the right to contact you with targeted advertising materials by email, text message (SMS), telephone or cellphone, including the use of automated, predictive, programmable, or similar (“robodialers”) dialers or dialing software, or any other means of communication to provide promotional offers. To the extent applicable, you expressly acknowledge that you are solely responsible for all charges billed by your mobile service provider. If you no longer wish to receive promotional communications by email, please follow the unsubscribe link located at the end of the email message.
Marketing/Performance Analysis & Data Analytics. We will use your information to help us better understand your interests and needs, such as by engaging in analysis and research regarding use of the Services. We may use your information to measure or understand the effectiveness of advertising and content we serve to you and others, and to deliver and customize relevant advertising and content to you.
Combined Information. For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use and share such combined information in accordance with this Privacy Policy.
Aggregate/De-Identified Data. We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.
DATA ANALYTICS AND ADVERTISING1. Data AnalyticsWe may use third-party web analytics services (such as those of Google Analytics (including Google Signals, Google User-ID, and other Google Analytics features) and MixPanel) on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; try to locate the same unique users across multiple browsers or devices to better tailor services and features; and provide certain features to you. If you have a Google account with personalized advertising enabled, through Google Signals, Google will also be able to gather for us analytics and engagement information from across the various devices you use to access the Services. To prevent Google from using your information for analytics (including cross-device tracking for personalization purposes), you may install the Google Analytics Opt-out Browser Add-on by clicking here. And to opt out of Google Signals, please open your “Settings” app, locate and tap “Google,” select “Ads,” and turn ON “Opt out of Ads Personalization.” You may also be able to disable cross-device tracking through your Android or Apple device-based settings.
If you receive email from us, we may use certain analytics tools, such as clear GIFs to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.
2. Online Advertising
The Services may integrate third-party advertising technologies (e.g., ad networks and ad servers such as Facebook, Google Ad Words, Criteo and others) that use cookies and other technologies to deliver relevant content and advertising for products on the Services, as well as on other websites you visit and other applications you use. The ads may be based on various factors such as the content of the page you are visiting, information you enter such as your searches, demographic data, and other information we collect from you. These ads may be based on your current activity or your activity over time and across other websites and online services.
We sometimes provide our customer information (such as email addresses) to service providers, who may “match” this information in de-identified form to cookies (or mobile ad identifiers) and other proprietary IDs, in order to provide you with more relevant ads when you visit other websites and mobile applications.
We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on your device you use to access the Services by non-affiliated third-party advertising network services. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link, or the Your Online Choices link to opt-out of receiving tailored advertising from companies that participate in those programs. If you are interested in more information about Criteo’s privacy practices or opting-out of Criteo’s advertising services, you may view their Privacy Policy. To opt out of Google Analytics for display advertising or customize Google display network ads, visit the Google Ads Settings page. We do not control these opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.
Please note that if you exercise the opt-out choices above, you will still see advertising when you use the Services, but it will not be tailored to you based on your online behavior over time.
3. Mobile Advertising
When using mobile applications from us or others, you may also receive tailored in-application advertisements. We may use third-party service providers to deliver advertisements on mobile applications or for mobile application analytics. Each operating system, iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices provides its own instructions on how to prevent the delivery of tailored in-application advertisements. We do not control how the applicable platform operator allows you to control receiving personalized in-application advertisements; thus, you should contact the platform provider for further details on opting out of tailored in-application advertisements. You may review the support materials and/or the device settings for the respective operating systems to opt-out of tailored in-app advertisements.4. Email MarketingBy submitting your email address through the Website, you are expressly consenting to receive emails from WOWZA!, including from WOWZA!’s affiliates, and from third parties concerning offers and advertisements unrelated to WOWZA!. To opt-out of receiving email messages from us, from our affiliates or from other third parties, click on the “Unsubscribe” link contained in each email. Please allow up to 10 business days for us to process your request. Please note if you decide not to receive marketing emails from us, you may still receive transactional email messages regarding your order(s) (i.e., order confirmation, shipping information, etc.). If you have questions or concerns regarding this provision, please contact us at
Admin@wowza.co.
5. Notice Concerning Do Not Track
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third-party purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. To learn more about Do Not Track, you can do so here.
HOW WE SHARE YOUR INFORMATION
WOWZA! may share your information in the following ways:Affiliates & Related Business Entities. We may share the information we collect with our affiliates or related business entities for the purposes of delivering products or services to you, ensuring a consistent level of service, and to enhance our products, services, and your customer experience.
Service Providers and Third-Party Vendors. We provide access to or share your information with select third parties who use the information to perform services on our behalf. They provide a variety of services to us, including billing, sales, marketing, advertising, analytics, research, customer service, shipping and fulfillment, data storage, IT and security, fraud prevention, payment processing, and auditing and legal services.
Legal Compliance. By using the Service, you acknowledge and agree that we may access, retain, and disclose information we collect and maintain about you if reasonably necessary to comply with a subpoena or court order, to enforce our Terms of Use, Privacy Policy, or WOWZA!’s legal rights.
Business Transfers. As WOWZA! continues to grow, we may buy, merge, or partner with other companies. In such transactions, your information may be among the assets that are transferred.
Public Forums. Certain features of our Services make it possible for you to share comments publicly with other users. Any information that you submit through such features is not confidential, and we may use it for any purpose (including in testimonials or other marketing materials). For example, if you submit a product review on one of our Websites or blogs, we may display your review (along with the name provided, if any) on other WOWZA! websites and on third-party websites. Any information you post openly in these ways will be available to the public at large and potentially accessible through third-party search engines. Accordingly, please take care when using these features.
Aggregate/De-Identified Information. We reserve the right to create Aggregate/De-Identified Data from the information we collect through the services and our sharing of such Aggregate/De-Identified Data is in our sole discretion.
THIRD-PARTY LINKS AND CONTENT
The Website and email messages that you receive from WOWZA! may sometimes contain hypertext links to the websites of third parties. WOWZA! is not responsible for the privacy practices or the content of such other websites. Linked websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. WOWZA! does not operate or control in any respect any information, software, products or services available on such third-party websites. The inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
DATA SECURITY
We will implement reasonable and appropriate security procedures consistent with prevailing industry standards to protect data from unauthorized access by physical and electronic intrusion. Unfortunately, no data transmission over the Internet or method of data storage can be guaranteed 100% secure. Therefore, while we strive to protect your personal information by following generally accepted industry standards, we cannot ensure or warrant the absolute security of any information you transmit to us or archive at this Website.
SUBMITTING INFORMATION FROM OUTSIDE THE UNITED STATES
We control and operate the online and mobile resources from within the United States of America (the “U.S.”). Information collected through the Website and Services may be stored and processed in the United States or any other country in which we or our vendors maintain facilities. Although we do not actively block or monitor visitors from other countries, the Website is directed only at visitors from the U.S. As such, this Privacy Policy is consistent with U.S. law and practice and is not adapted to other laws (including European data security and privacy laws). WOWZA! will apply the applicable laws of the U.S. including as embodied in this Privacy Policy in place of data protections under your home country's law. That is, you freely and unambiguously acknowledge that this Privacy Policy, not your home country's laws, controls how we will collect, store, process, and transfer your personal information. Similarly, the English language version of this Privacy Policy is the controlling version regardless of any translation you may attempt.
DATA PRIVACY AND PROTECTION LAWS: THE CCPA AND GDPR
Privacy and data protection laws vary around the world and among the several United States. Some of those laws are more specific than others. Most prominently, residents of California and data subjects whose personal information was obtained from them while they were in the European Economic Area, United Kingdom, and Switzerland have certain additional rights in cases where the party collecting that information is governed by the applicable law. We have reviewed our business operations and data-related business practices with legal counsel in the context of the General Data Protection Regulation under European Law also known as the “GDPR” and the California Consumer Privacy Act (the “CCPA”). As a result of that review, as of the effective date of this Privacy Policy, we do not believe we are governed by either the GDPR or CCPA.
We do not, for instance, collect personal information from data subjects in the European Economic Area, United Kingdom, or Switzerland or elsewhere abroad. Similarly, we do not target or tailor our Website or Services or any of our other US-based business activities to appeal to, or specifically attempt to do business in those jurisdictions. In terms of California, although we may do business within the state, we do not meet any of the various statutory thresholds and criteria that would bring us under the CCPA.
For general visitors, consumers and regulators who have questions about whether or how the GDPR, CCPA or other industry- or jurisdiction-specific laws apply to us, you can contact us using the contact information below.
CHILDREN’S PRIVACY
Federal law imposes special restrictions and obligations on commercial website operators who direct their operations toward, and collect and use information from children under the age of 13. We take those age-related requirements very seriously, and, consistent with them, do not intend for our Website or Services to be used by children under the age of 18, and certainly not by anyone under the age of 13. Moreover, we do not knowingly collect personal information from minors under the age of 18. If we become aware that anyone under the age of 18 has submitted personal information to us via our Website or Services, we will delete that information and not use it for any purpose whatsoever. We encourage parents and legal guardians to talk with their children about the potential risks of providing personal information over the Internet.
CHANGES TO THIS PRIVACY STATEMENT
We reserve the right to change or update this Privacy Policy from time to time. Please check our Website periodically for such changes since all information collected is subject to the Privacy Policy in place at the time of collection. Typically, we will indicate the effective/amendment date at the beginning of this Privacy Policy. If we feel it is appropriate, or if the law requires, we’ll also provide a summary of changes we’ve made near the end of the new Privacy Policy.
CONTACT USIf you have questions about this Privacy Policy or WOWZA!’s privacy practices, please contact us at:
WOWZA!
8635 W SAHARA AVE, 3174
LAS VEGAS, NV 89117
APPENDIX A
The provisions of this Appendix A shall apply together with the rest of the Agreement if the Customer is granted a Free Trial, cf. clause 1.5 of the Agreement.
1. Wowza's Obligations
1.1 In addition to the services provided under the Wowza Account, Wowza may provide the following services to the Customer during the term of the Free Trial:
1.1.2. Access to Wowza's Seller Review Service, which sends an email to Consumers on the Customer's activation with an invitation to post reviews of their shopping experiences.
1.1.3. Access to Wowza's Product Review Service, which sends an invitation to Consumers to post reviews of their experiences with the products sold by the Customer upon the Customer's activation. The invitation includes an invitation text and a direct link to the Wowza Service, where the Consumer can post a review of the Customer's products and at the same time automatically be registered on the Wowza Service. The invitation is sent by Wowza on behalf of the Customer, and it is thus a precondition for the Product Review Service that the Customer provides Wowza with the necessary information, cf. section 2.1.
1.1.4
Access to Wowza's API Solutions
Wowza has two API solutions: Wowza's public API and Wowza's customer API (collectively, the "API Solutions"). Should the Customer request so, Wowza will provide the Customer with a key to get access to one or both of the API Solutions. Wowza reserves the right not to issue a key to the Customer in case of suspicion that the Customer is carrying out conduct in violation of the Agreement or the Guidelines.
2. Customer's Obligations
2.1
Use of the Wowza Services
2.1.1 If the Customer enables the Wowza Service, the Customer must provide the necessary data for Wowza to create and send out invitations to Consumers. The data must be sent to Wowza using the provided interfaces and must include name, email address, reference number and product information, including a link to the product on the Customer's website and/or software application, a link to an image of the product, SKU for the product and a title. The Customer warrants and represents that the Customer is entitled to allow Wowza to process the data required to deliver the Wowza Service (including having obtained all necessary consents from the Consumers) and that the use of such data by Wowza to deliver the Product Wowza Service does not breach the Data Protection Requirements.
2.2.1
Product Reviews
The parties agree that the Customer may allow Google and other search engines to index the product review content to achieve better organic search engine results and publish Google rich snippets for the content on the Customer website and/or software application.
2.2.2
Use of Reviews
For the duration of the Free Trial Period, the Customer is granted a license to display reviews and/or Wowza ratings on the Customer's domain(s) covered by the Agreement. Such display must be in accordance the requirements laid down in the Agreement. At the end of the Free Trial, the Customer must cease all use of the reviews and/or Wowza ratings and remove any such display on the Customer's domain(s) and elsewhere.