INFORMATION COVERED BY THIS PRIVACY POLICY AND PERSONAL DATA 

We do not collect personal data such as but not limited to your name, email, street address, date of birth, telephone number, credit card number or other information (“Personal Data”).

AUTOMATIC INFORMATION COLLECTION AND NON-PERSONAL DATA

We use a variety of technologies that automatically or passively collect Non-Personal information about how the Site is accessed and used (“Usage Information”). Usage Information may consist of your browser type, operating system, the page served, the time, and the preceding page views. Usage Information is generally non-identifying information.
We also automatically collect your IP address or other unique identifier for the computer, mobile device, technology or other device (collectively, “Device”) you use to access the Site. A unique identifier is a number that is automatically assigned to your Device when you access a web site or its servers, and our computers identify your Device by this number (“Device Identifier”). Some mobile service providers may also provide us with the physical location of the Device used to access the Site.

INFORMATION COLLECTED THROUGH ONLINE ADVERTISEMENTS CREATED AND/OR SERVED BY GRUVI

We may collect Usage Information via online advertisements created and/or served by us however, this Usage Information is anonymous and does not personally identify you as an individual.

Usage Information collected may include the advertisement you interacted with, the date and time you viewed this advertisement, your location information associated with your IP address, and your anonymous interactions with the advertisement, including your clicks within the advertisement and whether you purchased the product.

Examples of data our advertisements do NOT collect include personal information related to age, gender, religious/political beliefs and ethnicity, excluding possible instances where you explicitly provide and enter this information directly and have clearly provided us permission.

All information gathered is for analytical purposes related specifically to the advertisement in question, and is used to improve the quality and/or speed of that service to you.

COOKIES AND OTHER TRACKING TECHNOLOGIES

By using our Site you consent to our cookies, and the use of other tracking technologies (such as Web Beacons (otherwise known as “clear gifs”). Cookies are files that web servers place on your Device. The use of cookies on the Site allows you to enjoy more seamless visits and more accurately measures your behavior on the Site. There are two types of cookies that we may use: session and persistent. Session cookies exist only during an online session. They disappear from your Device when you close the browser software. Persistent cookies remain on your Device after the browser has been closed. The cookies used on the Site do not identify you personally. They merely recognize your browser, unless you choose to identify yourself voluntarily. You may choose to identify yourself for any one of the following reasons: by asking the browser to remember your username and password, by responding to a promotional offer, or by personalizing a web page or requesting more information on a product or service.

Web beacons (also known as clear gifs) are used in combination with cookies to help Site operators understand how you interact with their websites. A web beacon is typically a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a site or in an email. The use of a clear gif allows the Site to measure your actions in opening the page that contains the clear gif.

HOW WE USE COOKIES AND WEB BEACONS

Gruvi uses cookies and web beacons for a number of purposes, including to:

1. Provide general internal and customer analytics.

2. Study traffic patterns in order to improve website performance, to customize the user experience, and to better match the users’ interests and preferences. For example, Gruvi keeps track of the domains from which people visit, and also measures visitor activity on Gruvi websites. However, these tracking records are performed and maintained in ways that keep the data non-identifiable.

3. Keep track of preferences you specify while you are using Gruvi products or services.

Support security measures, such as requiring re-login into a Gruvi product or service after a certain amount of time has elapsed.

4. Gruvi does not provide products through which you need to log in our Site, so cookies are not used to save the username or processed. 

5. These cookies do not require any Personal Data and will not collect any data falling within this definition.

CONTROLLING OUR USE OF COOKIES

You may configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences and/or to remove cookies. For further information about cookies you can visit www.allaboutcookies.org. If you choose to decline cookies, you may not be able to login or use other interactive features of our Sites and features that depend on cookies.

The Adobe Flash Player is an application and web tool that allows rapid development of dynamic content. Flash (and similar applications) use technology to remember settings, preferences and usage similar to browser cookies. Gruvi employs Adobe Flash cookies in certain situations where we use Flash to provide some content such as video clips or animation. Gruvi does not use Flash cookies to serve interest-based advertising. Flash cookies are managed through the Flash Player Settings Manager, which is a different interface than the one provided by your web browser. This Settings Manager lets you manage global privacy settings, storage settings, security settings, and automatic notification settings. Beginning with Flash Player 10.3, the Flash Player Settings Manager can be accessed locally on your computer: in the Control Panel on Windows and in System Preferences on Mac. Users of other operating systems and earlier versions of the Flash Player should manage their global privacy settings using the Flash Player Settings Manager provided online from Adobe.

This Site may also use Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses cookies, text files that are stored on your Device and allow an analysis of your use of the Site. If Google Analytics is used, the information generated by the cookie about your use of the Site (including the IP address) will be transferred to and stored on a server of Google in the US. Google will use such information to analyze your use of the Site, to create reports about the Site activities for Gruvi and to provide further services associated with the use of the Site and the internet. Furthermore, Google may transfer such information to third parties, to the extent legally required or if such third parties process the data on behalf of Google. In no event will Google associate your IP address with other information of Google. By using this Site, you consent to the processing of your information collected by Google as described above and for the purposes described above. Google Analytics can be disabled through this link: http://tools.google.com/dlpage/gaoptout

To remove our cookies, simply delete any cookies associated with the domains below:

gruvi.tv

www.gruvi.tv

app.gruvi.tv

banners.gruvi.tv

analytics.gruvi.tv

assets.gruvi.tv

LEGAL PROTECTIONS AND OTHER DISCLOSURES

We may transfer and disclose information, including your Non-Personal Data, Usage Information and Device Identifier (including IP address), to third parties: to comply with a legal obligation; when we believe in good faith, that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce the Site’s Terms of Use or other applicable policies; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to this Site or the public. Pursuant to valid requests by law enforcement agencies, we may also use Device Identifiers to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies, at our discretion. Such disclosures may be carried out without notice to you.

LINKS TO OTHER WEBSITES AND SERVICES, AND GRUVI CONTENT FOUND ON OTHER WEBSITES

The Site may contain links that will direct you to other websites or services that are operated and controlled by third parties. This includes links from advertisers, sponsors and partners that may use our logo(s) as part of a co-branding agreement. We have no control over these third parties, and your use of their websites and features are subject to their privacy policies. Gruvi is not responsible for the privacy practices or business practices of any third party website. In addition, Gruvi may place our widgets or other features on certain third party websites. When we do so, any Personal Data that we obtain about you will be subject to this Privacy Policy.

GDPR COMPLIANCE

Gruvi is fully compliant with the new European General Data Protection Regulation (GDPR). We are committed to respect the law and our users’ rights to privacy while they use our services.

When interacting with one of our campaigns- be it through a website, interactive ad, or video ad- the data we collect (impressions, interactions, showtimes interaction, showtimes exit, purchases) is non-personally identifiable.

Interaction and impression data are collected for the purposes of measuring a campaign’s progress and success, but no personal information is stored in that process.

In accordance with regulation, users are invited to request complete information regarding what Gruvi knows about them and to delete such information if necessary. For this purpose, users should contact Gruvi’s Data Protection Officer, João Lago, at johnny@gruvi.tv.

NOTIFICATION OF CHANGES AND YOUR ACCEPTANCE OF THE PRIVACY POLICY

We reserve the right to change the terms of this Privacy Policy at any time, by prominently posting notice of the amendment on this Site. To the extent permitted by applicable law, such changes will be applicable from the time they are posted.

CAMPAIGN DATA PROCESSING AGREEMENT BETWEEN GRUVI AND COMPANIES

This Agreement (“Agreement“) forms part of the Data Processing section outlined in Contract for Services (“Principal  Agreement“) between  

DISTRIBUTOR (the “Company”) 

and

DATA PROCESSOR, CONTROLLER AND MARKETING AGENCY(the “Gruvi”) 

The Parties wish to lay down their rights and obligations. 

IT IS AGREED AS FOLLOWS: 

1. Definitions and Interpretation 

Unless otherwise defined herein, the following terms and expressions used in this Agreement shall  have the

following meaning: 

1. “Campaign(s)” – means film and tv advertising campaigns administered by the Gruvi on  behalf of the Company which include film studios, VOD platforms and tv companies in both production and distribution;  

2. “Data” – means any Gruvi non-personal data, any aggregated data or any derivative of such data  collected from the Gruvi Services for the purpose of Campaign work. For the purposes of this  agreement, Data will comprise Non-Personally Identifiable Data related to pixel and other third-party  tracking technology tied to the platforms including but not limited to Twitter, Facebook and Google.  This will be collected from a data integration such as Google Tag Manager from the Gruvi Services;

3. “Services” means the Gruvi proprietary websites, apps, advertising posts;

4. “Proprietary Information” – means information that is disclosed to one party by the other party under or  in connection with this Agreement that is designated as confidential at the time of disclosure, or which  the receiving party should reasonably understand to be confidential given the nature of the information;  

and the circumstances of its disclosure. Proprietary Information for Company and the Gruvi shall include the Company or Gruvi Materials, and any product or pricing information, business practices, installation techniques, maintenance procedures, services and support, methods, strategies, plans, and any other information identified or reasonably identifiable as  confidential and proprietary; 

5. “Gruvi Materials”- means the Data, any other materials provided by the Company under this  Agreement, and all upgrades, revisions, fixes, updates or enhancements to any of the foregoing provided by Gruvi;

6. “Agreement” – means this Data Processing Agreement;

7. “Data Protection Laws” means EU Data Protection Laws and, to the extent applicable, the data  protection or privacy laws of any other country; 

8. “EEA” means the European Economic Area; 

9. “EU Data Protection Laws” means EU General Data Protection Regulation 2016/679 (GDPR), as  applied in the domestic legislation of each Member State and as amended, replaced or superseded  from time to time, including by any laws implementing or supplementing the GDPR; “Data Transfer” means a transfer of Company Data from the Services to the Data Processor’s system  for Campaigns; and  

10. The terms, “Commission”, “Controller”, “Data Subject”, “Member State”, “Personal Data”, “Personal  Data Breach”, “Processing” and “Supervisory Authority” shall have the same meaning as in the GDPR,  and their cognate terms shall be construed accordingly. 

2. Processing of Campaign and Gruvi Data

Gruvi acts as Data Processor, Data Controller and Marketing agency providing digital media and marketing Services to the Company. Gruvi collects non-personal data throughout the media campaigns and Gruvi’s website & applications which promoted Company’s film content. This data is being stored in compliance with data privacy law regulations and Gruvi remains solely responsible for the data storage, processing and usage as well as being the sole rights owner. These are to be stored, analysed or otherwise processed in the course of delivering the marketing campaign services under this agreement and shall have sole discretion and control over the processing of such data. Gruvi assumes full responsibility for the processing of such data and for compliance with applicable data protection and privacy laws.

a. Gruvi shall comply with all applicable Data Protection Laws in the processing of the Data from campaigns executed under marketing services when promoting company’s film content

b. Gruvi processes its own Data for the purpose of the Campaign work to promote company’s film content

3. Data Processor Personnel
Gruvi shall take reasonable steps to ensure the reliability of any employee, agent or contractor who may have access to the Gruvi Data, ensuring in each case that access is strictly limited to those individuals who need to know and necessary for the purposes of this Agreement, and to comply with applicable Data Protection Laws in the context of that individual’s duties to Gruvi ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality. 

4. Security
Taking into account the state of the art, the costs of implementation and the nature, scope, context and  purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms  of natural persons, Gruvi shall in relation to the Data, implement appropriate technical  and organizational measures to ensure a level of security appropriate to that risk, including, as  appropriate, the measures referred to in Article 32(1) of the GDPR. In assessing the appropriate level  of security, Gruvi shall take into account in particular the risks that are presented by processing, in particular from a Data Breach. 

5. Subprocessing
Gruvi shall not appoint (or disclose any Data to) any subcontractor unless required or authorized by the Company to do so. 

6. Audit rights
Subject to this section 10, the Gruvi shall make available to the Company on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections, by the Company or an auditor mandated by the Company in  relation to the processing of data by Gruvi.

6.2 In order to facilitate the monitoring of campaigns, Gruvi will also provide Data Studio Dashboards on all campaigns for The Company to monitor campaign performance and booked impressions, link clicks and all other Non-personal data used in the Campaign.

7. Termination

This Agreement will remain effective for the duration of all Campaign services. Any and all Data collected during the contracted period will remain the property and responsibility of Gruvi and will comply with the relevant data and privacy laws. Terms of termination are subject to the principal Contract between the company and Gruvi.

8. Ownership rights

As between the parties, all proprietary rights in the Gruvi Materials are and shall remain the sole and exclusive property of Gruvi and the Sources. The Company acknowledges that it is not the owner of any of the Data. 

9. Confidentiality

1. Each Party (the “Receiving Party”) acknowledges that, in connection with this Agreement and its relationship with the other Party, it may obtain information relating to the other Party or its affiliates, or their suppliers’ customers or partners (“Disclosing Party”) related to Disclosing  Party’s or their business or financial or technical information which is of a confidential and proprietary  nature (“Confidential Information”). Such Confidential Information includes, but is not limited to, trade  secrets, know-how, inventions, techniques, processes, programs, schematics, software source documents, data, customer lists, financial information, and sales and marketing plans, and any other  information which the Receiving Party knows or has reason to know is confidential, proprietary or trade  secret information of the Disclosing Party, its affiliates and their suppliers, customers and partners.  

2. Gruvi Confidential Information includes all Gruvi Materials. The Receiving Party shall not use any of the other party’s Confidential Information for any purpose other than performing under the terms of  this Agreement and shall not disclose any such Confidential Information to any third party. The Receiving Party further agrees to promptly destroy or return to the Disclosing Party all Confidential Information (including copies thereof as well as any translations, co-mingled versions, or combinations of such Confidential Information with other information or that are generated from such Confidential Information) in Receiving Party’s possession, custody, or control upon expiration or termination of this  Agreement or upon request of the Disclosing Party. 

3. The obligations of confidentiality shall not apply to  information which

(i) has entered the public domain except where such entry is the result of Receiving  Party’s breach of this Agreement or other applicable confidentiality agreement; 

(ii) prior to disclosure  hereunder was already rightfully in Receiving Party’s possession under no obligation of confidentiality,  or 

(iii) subsequent to disclosure hereunder is obtained by the Receiving Party on a non-confidential  basis from a third party who has the right to disclose such information to the Receiving Party.  Notwithstanding termination or expiration of the Agreement, the obligations of each party concerning  confidentiality shall terminate five (5) years following the later receipt of the Confidential Information or  termination of Agreement. 

10. General

1. Gruvi and the Company are independent contracting entities and have no power or authority to bind the other or to create any obligation or responsibility on behalf of the other. 

2. No waiver of rights under this Agreement by either Party shall constitute a subsequent waiver  of this or any other right under this Agreement.  

3. This Agreement will be governed by the laws of England without regard to conflict of law  principles. The Parties hereby consent to the exclusive jurisdiction of the courts located in  England for the resolution of any disputes arising out of this Agreement.  

4. This Agreement, and any Term Sheets facilitating the Campaigns, constitute the complete  agreement between the Parties hereto concerning the subject matter hereof. Each of the  parties acknowledges and agrees that in entering into this Agreement, it has not relied on, and  shall have no remedy in respect of, any statement, representation, warranty or understanding  (whether negligently or innocently made) of any person (whether a party to this Agreement or  not) other than as expressly set out in this Agreement. Nothing in this clause shall, however,  operate to limit or exclude a party’s liability in respect of any fraudulent misrepresentation.

5. Each of the terms and provisions contained in this Agreement and in each clause and sub clause hereof shall be construed as independent of every other and if any term or provision of  this Agreement shall be determined to be invalid and unenforceable then such determination  shall not affect any other provision of this Agreement which shall remain in full force and  effect.  

6. Any notice given under this Agreement shall be in writing and shall be delivered by hand,  registered post, or email and shall be deemed to have been given when delivered or left at the  above-mentioned addresses, on the date at which they would be received in the normal  course of posting if posted, and if sent by electronic mail, when no notification has been  received to the contrary.  

7. If either party is unable for any reason beyond its reasonable control (including but not limited  to war, invasion, an act of foreign enemy hostilities whether war is declared or not, civil war or  strife, rebellion, strikes, lock-outs or other industrial disputes or acts of God, acts of  governments or other prevailing authorities or defaults of third parties) to fulfill any of its  obligations under this Agreement then such inability shall not constitute a breach and that  party may by written notice suspend its obligations for the duration of any such period of  inability provided that in no event shall the suspension exceed 3 months at which time, the  Agreement shall be terminated. 

8. If any provision of this Agreement shall be found by any court or administrative body of  competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall  not affect the other provisions of this Agreement which shall remain in full force and effect. 

9. This Agreement may not be assigned to a third party without the express written consent of  both Parties.

IN WITNESS WHEREOF, the parties have agreed to the above terms by affixing their respective digital signatures in this media plan. Each of the persons signing below on behalf of any party hereby represents and warrants that s/he or it is signing with full and complete authority to bind the party on whose behalf of whom s/he or it is signing, to each and every term of this Agreement.