Privacy Policy

Welcome. We strongly believe that consumers deserve the utmost respect when it comes to the privacy of their personal information. Our privacy policy applies to all current and former members. Following is a summary of Viaway's privacy practices. Click on any of the topics below or scroll down to get more details.

Viaway ("we" or "us") knows that you care how information about you is used and shared, and we appreciate your trusting us to do so carefully and sensibly. We take your privacy very seriously and make it a priority to protect personally identifiable information, such as your name, email address, mailing address, and telephone number that we obtain from and about you both online and off-line. Please take a moment to review this Privacy Policy, which describes how Viaway collects, uses, and shares this and other information.

Viaway provides an online media service offering a selection of podcasts, videos, audios, radio, television shows, movies, clips, and other content (collectively, the "Content"). Our media service, including the Content, our player for viewing the Content (the "Video Player"), and any other features, tools, applications, materials, or other services offered from time to time by Viaway in connection with our business, however accessed, are referred to collectively as the "Viaway Services."

The Content is available for permissible viewing on or through the following (collectively, the "Properties"):

• the Viaway.com website(the "Viaway Site");
• Viaway's affiliate and distributor websites;
• other websites where users or website operators are permitted to embed the Video Player; and
• Viaway authorized applications, features or devices.

Use of the Viaway Services (including access to the Content) on the Properties is subject to compliance with these Terms of Use and any end user license agreement that might accompany a Viaway application, feature or device.

Certain Viaway Services are provided to you free-of-charge. There are some other Viaway Services that, if you are interested in accessing them, will require payment by you. The Viaway Services that may be accessed after payment are referred to currently as "Viaway Plus." You can learn more about Viaway Plus by clicking here. References to "Viaway Services" throughout this Privacy Policy include Viaway FREE TV, Cloud TV and World TV.

We invite you to click below to get answers to your questions regarding our Privacy Policy.

What kinds of information does Viaway collect about me?

This Privacy Policy covers the information Viaway collects from Viaway's registered users, including Viaway Plus subscribers, and other visitors to the Properties, whether or not they are registered. Generally speaking, we collect information from the following sources:

When you register with Viaway or subscribe to Viaway Plus, we ask for personally identifiable information such as your name, email address, birth date, gender and address. If you subscribe to Viaway Plus, Viaway also will collect credit card account data or other payment method data necessary to process your subscription payments and verify your assent to the purchase. From time to time, we may also ask you to provide other information about yourself on an optional basis, such as data we can use to tailor the advertisements served with the Content to your interests. If you choose to provide this information, you are giving Viaway permission to use and store it consistent with this Privacy Policy. Therefore, when you sign in with Viaway, you are not anonymous to us.

In addition, Viaway automatically collects information about your interactions with the Viaway Site and the Viaway Services. For example, Viaway automatically collects information about your interactions with video content on the Viaway Site and on third-party sites that include our Video Player. In addition, Viaway automatically receives and records information from your computer and browser, including your IP address, software and hardware attributes, the page you request, and cookie information, as discussed below in the section titled "What are cookies, and how are they and other technologies used to collect information?".

We also may collect information about you from other sources, including through commercially available sources, such as data aggregators, public databases and business partners. This information may include your interests, purchasing behavior and your activities online, such as websites visited and advertisements viewed. We may combine all of the information we collect about you and use it in the manner described in this Privacy Policy.

What are cookies, and how are they and other technologies used to collect information?

Cookies are small bits of information that are stored in separate files within your computer's Internet browser. Cookies remember information about your activities on a website or other platform. For example, cookies can store your session for easy sign-in to a website or other platform you have previously visited. They enable us to make your visits to Viaway more enjoyable.

Viaway may display targeted advertisements based on your activities in connection with the Viaway Services, which we obtain through cookies and other information about you that we have collected, such as your interests. Viaway also may receive information from third parties about you and your activities on other sites that we use for the purpose of serving relevant advertisements to you in connection with the Viaway Services.

Viaway does not provide any personally identifiable information to the advertiser when you interact with or view a targeted ad, although advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet the targeting criteria. Please note that we may share aggregated and non-personally identifiable information with our advertisers so they can measure the effectiveness of advertisements viewed in connection with the Viaway Services. For example, we may tell advertisers the number of users who clicked on a particular advertisement. Please see the section below entitled "How does Viaway use and share aggregate data?"

Some advertisements displayed in connection with the Viaway Services also may contain cookies set by third party Internet advertisers (also called "ad networks" or "network advertisers"). For more information on this topic, please refer to the section titled "Are there other parties collecting information about me that I should be aware of while using the Viaway Services?"

We may use cookies and similar technologies to relate your use of the Viaway Services to personally identifiable information we obtain from you or from reputable third parties, and to compile aggregate data (as described below). For example, if you have asked us to send you information about our upcoming services or promotions, cookie or clickstream data about your activities using the Viaway Services may allow us to limit the materials we send to you to items that we believe will be of interest to you, based on your prior online activities and preferences. You can configure your Internet browser to warn you each time a cookie is being sent or to refuse cookies completely. However, unless you accept cookies, you will not have access to certain Viaway Services.

We also may use services that collect data remotely by using so-called "pixel tags," "web beacons," "clear GIFs," or similar means (collectively, "Pixel Tags"), which can be embedded on the Viaway Site, in an email message, or on a third party's website or other platform. A Pixel Tag is a small string of code that provides a way for us to deliver a small graphic image (usually invisible) on a web page or in an email. Pixel Tags can recognize certain types of information on your browser, check whether you have viewed a particular web page or email message, and determine, among other things, the time and date on which you viewed the Pixel Tag and the IP address of the computer from which it was viewed. We use Pixel Tags to improve your Viaway experience, including to provide you with content customized to your interests.

Are there other parties collecting information about me that I should be aware of while using the Viaway Services?

The Viaway Services may be linked to or provided through Internet websites or other platforms operated by other companies. Some of these websites or other platforms may be co-branded with our name or logo, even though they are not operated or maintained by us. For example, users can use the Viaway Services on the websites of Viaway's authorized third party distributors. Viaway is not responsible for the privacy practices of the websites or other platforms operated by third parties. Once you have left the Viaway Site by clicking on a link, or if you are using the Viaway Services on another website or platform, you should check the privacy policy of the other website or platform to determine how it handles any personally identifiable information it collects from you.

Viaway carries advertisements from other companies, often with the ability to click through to websites or properties run by these other companies. Viaway is not responsible for the privacy practices of advertisers. Once you have left the Viaway Site by clicking on an advertisement, you should check the privacy policy of the advertiser to determine how it handles any personally identifiable information it separately collects from you. Please be aware that Viaway does not warn you when you have chosen to link through to another website or property from the Viaway Site.

Some of the advertisements that appear in connection with the Viaway Services may be delivered to you by third party Internet advertising companies (also called "ad networks" or "network advertisers"). These companies may use cookies, web beacons, and other technologies to collect non-personally identifiable information about your visits to Viaway in order to deliver advertisements to you, measure their effectiveness, and personalize advertising content. Viaway does not have access to or control over cookies, web beacons or other technologies that they may use. The information practices of these advertising companies are governed by their own privacy policies and are not covered by this Privacy Policy. Some of these advertising companies may be members of the Network Advertising Initiative ("NAI"), a cooperative of online marketing companies that offers a centralized tool for opting out of behavioral advertising delivered by each of its member companies. If you would like to obtain more information about the NAI and make choices about their use of your information, please click here.

How does Viaway use the information it collects about me?

We only use payment information, such as credit card numbers, as necessary for completing a particular transaction or fulfilling a service (for example, processing payments from our Viaway Plus subscribers).

We use the other information we collect about you in order to establish and enhance our relationship with you and to help deliver a first-class user experience. Viaway's use of this information includes the following general purposes: contacting you; customizing the content and advertising you view; fulfilling your requests for products or services; identifying the comments you post on the Viaway Site; improving our services; conducting research; compiling aggregate data for internal and external business purposes; preventing potentially illegal activities; protecting our rights; and other uses in accordance with our Terms of Use; and for any other purpose disclosed to you at the time we collect your personally identifiable information.

We may use your personally identifiable information to:

You can opt out of receiving promotional messages from Viaway at our Privacy and Settings page, available here.

We use your email address as your user ID on the Viaway Site and in connection with the Viaway Services. In addition you may elect to provide your first name and last name and if you register with Viaway and provide this form of personally identifiable information, as well as other information that you do not set as private and we elect to display, it will be visible by other users or the public. We will not treat information that you voluntarily make available to other users — including, for example, in a review or discussion that you post on the Viaway Services — as private.

With whom does Viaway share the information it collects about me?

As described above, we may share information that we have collected about you with other users and with other entities that use the Viaway Services if you voluntarily make the information public, including by making it a part of your user ID or posting it in a review or discussion on the Viaway Site.

Only with your consent, we also may share your personally identifiable information (such as name or email address) with advertisers, business partners, and other entities that are not affiliated with Viaway who would like to send you promotional information about their products and services directly. You may opt in to receive any of these communications (or change your communication preferences) at our Privacy and Settings page, available here.

Under certain circumstances (for example, if you win a contest), we may post your personally identifiable information on the Viaway Site and the other Properties. However, we will notify you of this possibility when collecting the personally identifiable information that we will use for this purpose, or we will obtain your consent prior to posting.

We may also share your personally identifiable information with companies that provide services to us, including companies that assist with payment processing, business analytics, data processing, account management, advertising, and other services. We require these companies to agree that they will only use personally identifiable information about you that they have obtained from us to provide us with specific services that we have requested and not for any other purpose. Similarly, we may share your personally identifiable information with other people or entities in order to provide goods or services that you have requested or to complete a transaction at your request.

We may also enter into agreements with outside companies that possess the technology that allows us to customize the advertising and marketing messages you receive while using the Viaway Services. Your non-personally identifiable information and clickstream data about your activities may be shared with these companies so this customization can be accomplished. Our agreement with these companies restricts them from sharing your information with third parties or using it for any other purpose. Clickstream and demographic information may also be shared with our advertisers and business partners.

There may be instances when we may disclose personally identifiable information without providing you with a choice in order to protect the legal rights of Viaway or its affiliates, and each of their respective investors, directors, officers, employees, agents, and suppliers; to protect the safety and security of users of the Viaway Services or to enforce our Terms of Use; to protect against fraud or for risk management purposes; or to comply with or respond to the law or legal process or a request for cooperation by a government entity, whether or not legally required.

If you notify us that you believe your legal rights have been violated by Viaway or another user of the Viaway Services, we may provide the information that you provide to us to others to the extent that we believe it is necessary to evaluate and respond to your complaint. For instance, if you submit a notice of copyright infringement to us, we may send a copy to the person or entity who uploaded, stored, or transmitted the material addressed by the communication.

If we sell all or part of our business, or make a sale or transfer of assets, or are otherwise involved in a merger or business transfer, or in the unlikely event of bankruptcy, we will transfer your personally identifiable information to one or more third parties as part of that transaction.

How does Viaway use and share aggregate data?

Aggregate data is information that we collect on an individualized basis (for example, statistics about which videos you watch) but subsequently use in aggregate form (that is, in a way that combines information about individuals together so that no individual is identifiable). We may use aggregate data for a variety of purposes, including for research or analysis, website administration, advertising, and promotional purposes. Although aggregate data may be based in part on personally identifiable information about you (for example, we may want to know the general age range of visitors watching videos on our site), it does not identify you personally.

We may share aggregated information with various affiliated and unaffiliated entities. For example, IP addresses are used for system administration and to provide anonymous aggregated data to advertisers about the volume of use on the Viaway Services and the specific Viaway Services in which users are most interested. We also may share information about our users with advertisers so they can measure the effectiveness of advertisements viewed on the Viaway Services. For example, we may tell advertisers the number of users who clicked on a particular advertisement. Because this form of data does not identify particular users, these third parties will not be able to contact you based solely on this data.

Do I have choices about Viaway's use and sharing of the information it collects about me?

Yes, you have choices about our use and disclosure of the information that we collect about you. Although we require you to provide certain information about yourself if you wish to register on the Viaway Site or subscribe to Viaway Plus, you have the choice about whether to disclose other personally identifiable information or other information about yourself. If you choose, you can disclose this information, for example, in your profile on the Viaway Site, in surveys or in response to other requests for information from Viaway or our business partners. In addition, you can disclose this information by sending emails to Viaway or through the Viaway Services, or by posting information on or through the Viaway Services in discussions, reviews, or other postings that may be viewed by other users or the public.

Viaway respects users' privacy. You may opt out of receiving alerts or email updates promoting our site, or notices about your queues or subscribed content. We also will not share your personally identifiable information (such as name or email address) with advertisers, business partners, or other entities that are not affiliated with Viaway who would like to send you promotional information about their products and services directly, unless you have opted in to sharing such information. So, if you wish to receive additional communications relevant to you from us or third parties, such as alert messages about your favorite content, you will need to elect to receive them. Therefore, please take that opportunity to review and select your preferences carefully.

Regardless of your choices with respect to promotional communications and updates regarding content, we may send you administrative messages, service announcements, terms and conditions of your account, or other similar communications, without offering you the opportunity to opt out of receiving them. This is important in case we need to communicate with you about items such as your account, billing, payments, terms of use, pricing changes for Viaway Plus, website maintenance, and other non-promotional matters.

You can change your privacy settings at any time by clicking here, but please note that your first and last name cannot be set to "private." (Please review the section above entitled "How does Viaway use the information it collects about me?) You may delete your Viaway account, in accordance with our Terms of Use, via the link accessible on the Privacy and Settings page. Viaway Plus subscribers should review our Terms of Use for our policies on cancellations and refunds, available here. Please note that, if you cancel your account, we may retain some information about you but we will remove your profile and other public postings from the Viaway Site.

How does Viaway protect the information it collects about me?

We use reasonable physical, technical, and administrative measures to safeguard personally identifiable information in our possession against loss, theft and unauthorized use, disclosure, or modification. For example, passwords and other sensitive information are encrypted in transit. We also take steps to ensure that only those Viaway employees, agents, and contractors who have a legitimate business reason to obtain access to your personally identifiable information are granted access.

When you enter sensitive information (such as credit card information on our order forms), we encrypt that information using secure sockets layering technology (SSL), an industry standard protocol for billing transmission in order to protect the financial information you send us. We store your payment information in encrypted form.

Despite these efforts, please note that no data transmission or storage can be guaranteed to be 100% secure. We want you to feel confident using the Viaway Services but we cannot ensure or warrant the security of any information you transmit to us. Please refer to the U.S. Federal Trade Commission's website for information on how to protect yourself from identity theft.

Do you collect information from children under the age of 13?

Viaway prohibits registration or subscription by, and will not knowingly collect personally identifiable information from, anyone under 13 years of age.

Do any special considerations apply to visitors from outside the United States?

Viaway is a website based in the U.S., and our offices are headquartered in the U.S. Please be aware that information you provide to us or we obtain as a result of your use of the Viaway Services may be processed and transferred to the U.S. and be subject to U.S. law. The privacy and data protection laws in the U.S. may not be equivalent to such laws in your country of residence. By using our website, participating in any of the Viaway Services, or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in the U.S.

What happens when Viaway changes its Privacy Policy?

From time to time, we may revise this Privacy Policy to reflect industry initiatives or changes in the law or to the scope of the Viaway Services or for other reasons. Therefore, it is important to check the effective date of the Privacy Policy posted at http://www.viaway.com/privacy each time you visit the Viaway Site or use any of the Viaway Services to ensure you are familiar with the most updated policies and practices. If we make any material revisions to this Privacy Policy, we will notify you by posting notice on the Viaway Site or by sending you an email to the email address you most recently provided to us prior to such revisions taking effect. If the material revisions concern practices where we have represented that we will obtain your consent to use or disclose your personally identifiable information, we will obtain your consent before taking any action inconsistent with those representations.

If you have concerns regarding this Privacy Policy, including if you believe that Viaway may have incorrect information for you or if you would like your personally identifiable information to be removed from our database, you may email us at privacy@viaway.com.

The privacy@viaway.com email address is used only for communications about our use of personally identifiable information or our Privacy Policy. If you have general questions about the Viaway Services, please contact us through the "Contact Us" page on the Viaway Site.

For additional information, or if you have any questions regarding this policy or the privacy practices at Viaway, please contact us.

Last revision date: December 6, 2014