RiverTV provides live TV and video-on-demand streaming services (as defined below) to Customers (as defined below). Throughout RiverTV’s interactions with Customers and Employees, we are committed to respecting the privacy, confidentiality and security of Personal Information.
- Identifying purposes for collection of Personal Information
- Obtaining consent for collection, use or disclosure of Personal Information
- Limiting collection of Personal Information
- Limiting use, disclosure and retention of Personal Information
- Accuracy of Personal Information
- Security safeguards
- Openness concerning policies and practices
- Customer and Employee access to Personal Information
- Challenging Compliance
“Apps”: means applications on consumer devices including desktop computers, mobile phones, tablets and connected television devices through which Customers access our video streaming services that provide live and time-shifted television programming delivered over the Internet;
“Business Contact Information”: means any information that is used for the purpose of communicating or facilitating communication with an individual in relation to their employment, business or profession and includes, without limitation, that individual’s:
- Position name or title;
- Work address;
- Work telephone number;
- Work fax number; or
- Work email address.
“Business Transaction”: means a transaction that excludes a business transaction of which the primary purpose or result is the purchase, sale or other acquisition or disposition, or lease of Personal Information and includes:
(a) the purchase, sale or other acquisition or disposition of an organization or a part of an organization, or any of its assets;
(b) the merger or amalgamation of two or more organizations;
(c) the making of a loan or provision of other financing to an organization or a part of an organization;
(d) the creating of a charge on, or the taking of a security interest in or a security on, any assets or securities of an organization;
(e) the lease or licensing of any of an organization’s assets; and
(f) any other prescribed arrangement between two or more organizations to conduct a business activity.
“Customer”: means an individual who: (a) has an account with RiverTV; (b) subscribes for, uses, has used, or applies to use RiverTV products and/or services; (c) corresponds with RiverTV; and/or (d) is a Web Site User;
“Employee”: means an individual who: (a) is an employee of RiverTV; and/or (b) is an applicant for employment with RiverTV.
“Personal Information”: means information about an identifiable individual, including a Customer or Employee, but does not include aggregated information that cannot be associated with a specific individual.
Personal Information includes, without limitation an individual’s:
- Email address;
- Residential mailing address;
- Birth dates;
- Credit and financial information;
- Billing records;
- RiverTV service and product records;
- Recorded complaints.
“Aggregate Information”: means grouped information that does not disclose or identify the Personal Information of any individual customer or employee.
“RiverTV”, “we”, “our”: means RiverTV, its parents, subsidiaries, affiliates and their respective officers, directors, agents, suppliers, resellers and distributors;
“RiverTV Website”: means a website owned, controlled or managed by RiverTV, including the following domain: www.RiverTV.ca;
“Services”: means over the top live and video-on-demand TV and other video content services which RiverTV may distribute to Customers from time to time; and
“Web Site User”: means a user of RiverTV Websites from which RiverTV collects Personal Information.
By mail at:
1881 Steeles Ave. W.
By email at:
1.2 RiverTV is responsible for Personal Information in its possession or control, including information that has been transferred to a third party for processing. RiverTV shall use means to provide an appropriate level of protection while information is being processed by a third party (see Principle 7).
1.4 From time to time, we may allow you to use our Services with social networking services and connect your account with accounts that you have with third parties including with certain third-party social networks ("Third-Party Accounts"). If you choose to share information about your activities with Third-Party Accounts, then RiverTV may send information about you to such third parties. For more information about how RiverTV works with Third-Party Accounts including social networks, please review our Social Terms below.
1.6 RiverTV may also permit third parties to collect certain anonymized information related to your usage of our Services, such as viewer measurement and other data related to your activities for market research, ratings, viewer measurement and other analytical and reporting purposes. Additional information about the types of information and certain methods related to our sharing are further described below.
1.8 RiverTV may enable social features that offer the opportunity to share information, such as what you watch on our Services or what you "like" or otherwise recommend. This information may be shared among RiverTV and its affiliates as well as on other third-party websites and platforms and in other communications. You may elect to enable use of our social features by connecting one or more third-party accounts to your account. Your election to connect your account to a third-party account and your use of any sharing or other social features offered by any of our Services is subject to your acceptance and agreement to our Social Terms below. Please review the Social Terms for details regarding our social features, such as the information we collect, use and disclose, and how to disconnect or otherwise exercise your choices regarding your use of these features.
1.9 RiverTV may also permit third parties to collect certain information that does not include Personal Information related to your usage of our Services, such as viewer measurement and other data related to your activities for use by us, our business partners and certain service providers in connection with market research, ratings, viewer measurement and other related business, analytical and reporting purposes. Information collected and used by these companies is described in further detail above. Our agreements with business partners and service providers that collect information limit the types and use of information shared with these companies. Some of our Services, such as the video players accessed on our Websites and through our Apps, feature and use certain third-party proprietary software that allows you to participate in market research and related programs, like TV rating services.
2. IDENTIFYING PURPOSES FOR COLLECTION OF PERSONAL INFORMATION
2.1 RiverTV shall identify orally, electronically or in writing, the purposes for which Personal Information is collected at or before the time the information is collected. Unless required by law, RiverTV shall not use or disclose for any new purpose Personal Information that has been collected without first identifying and documenting the new purpose and obtaining the consent of the Customer or Employee.
2.2 We may ask for Personal Information only for the following purposes:
a). To establish and maintain a responsible commercial relationship;
b). To allow us to provide ongoing services and support;
c). To bill for, and collect payment for, RiverTV services and products;
d). To manage, develop, and market RiverTV’s network, business and operations;
e). For the establishment, management or termination of an employment relationship;
f). To meet legal and regulatory requirements;
g). To obtain credit information or provide it to others;
h). For any other purpose with explicit consent.
2.3 RiverTV engages with third-party business partners and may employ third-party service providers to perform various functions on our behalf. Some of the services provided include: processing credit card or debit card payments; performing payment card fraud scoring and fraud prevention modeling; removing repetitive information from customer lists; anonymizing, appending and analyzing data; validating, authenticating, and monitoring streams; developing, hosting, and maintaining our Services, databases and data processing systems; creating third-party products and services, including market research, and ratings products and services; sending, storing, receiving e-mail, and other communications; and customer service operations. These service providers and business partners may have access to the information we collect about you, may be allowed by us to collect information about you, and may receive information about you authorized to be shared with them by us as reasonably necessary to enable the provision of the Services and our engagement in such business partnerships.
2.4 During a Customer’s or Employee’s interaction with RiverTV Websites, RiverTV and its display-advertising partner (AdRoll) may use a browser feature called a “Cookie”. Cookies are small information packets created by the website and stored on the hard drive of a Web Site User’s computer. Cookies are used to collect information anonymously and track user patterns on the RiverTV Websites. For example, Cookies might help us determine whether Customer is a repeat or first-time visitor of a RiverTV Website. You may visit this page to opt out of AdRoll targeted advertising.
3. OBTAINING CONSENT FOR COLLECTION, USE OR DISCLOSURE OF PERSONAL INFORMATION
3.1 RiverTV requires Customers’ and Employees’ knowledge and consent for the collection, use or disclosure of Personal Information, except in the circumstances described in Sections 3.3 through 3.6 below, where knowledge or consent would be inappropriate.
3.2 In general, implied consent for RiverTV to collect, use and disclose Personal Information for all identified purposes is obtained in the following circumstances: (1) when a Customer applies for RiverTV services or products; (2) when a Customer uses RiverTV services or products; (3) when an individual submits an application for employment with RiverTV; or (4) for the establishment, management or termination of an employment relationship. Notwithstanding, RiverTV shall seek consent to use and disclose Personal Information at the same time it collects the information. However, RiverTV may seek consent to use and disclose Personal Information after it has been collected, but before it is used or disclosed for a new purpose.
3.3 RiverTV may collect, use or disclose Personal Information without a Customer’s or Employee’s knowledge or consent only in the following, exceptional circumstances:
a). Where it is clearly in the interests of the individual and consent cannot be obtained in a timely way, such as when the individual is a minor, seriously ill or mentally incapacitated;
b). Where it is in relation to the investigation of a breach of an agreement;
c). Where it is necessary to assess, process or settle an insurance claim;
d). Where it is to a lawyer representing RiverTV;
e). Where it is to collect a debt;
f). Where it is to comply with a subpoena, warrant or other court order;
g). Where it is produced by an Employee in the course of their employment and the collection, use or disclosure is consistent with the purposes for which the information was produced;
h). Where it is for any other purpose otherwise required by law; or
i). In the case of an emergency where the life, health or security of an individual is threatened.
3.4 RiverTV may also disclose Personal Information without a Customer’s or Employee’s knowledge:
a). For the purposes of investigating a breach of an agreement or contravention of a law that has been, is being or is about to be committed; or
b). Detecting or suppressing fraud or of preventing fraud that is likely to be committed.
and it would be reasonable to expect that disclosure with the knowledge or consent of an individual would compromise the investigation or the ability to prevent, detect or suppress the fraud.
3.5 RiverTV may also use and disclose Personal Information without a Customer’s or Employee’s knowledge in the context of a prospective Business Transaction if:
a) RiverTV and the other entity(ies) involved in the prospective Business Transaction have entered into an agreement that requires the organization that receives Personal Information:
- (i) To use and disclose that information solely for purposes related to the Business Transaction;
- (ii) To protect that information by security safeguards appropriate to the sensitivity of the information; and
- (iii) If the Business Transaction does not proceed, to return that information to the organization that disclosed it, or destroy it, within a reasonable time; and
b) The Personal Information is necessary
- (i) To determine whether to proceed with the Business Transaction; and
- (ii) If the determination is made to proceed with the transaction, to complete it.
3.6 If a prospective Business Transaction that is referred to in Section 3.5 is completed, the organizations that are party to that Business Transaction may use and disclose Personal Information, which was disclosed in accordance with Section 3.5, without the knowledge or consent of the Customer or Employee if:
a) The organizations have entered into an agreement that requires them to:
- (i) Use and disclose the Personal Information under their respective control solely for the purposes for which the Personal Information was collected, permitted to be used or disclosed before the Business Transaction was completed;
- (ii) To protect the Personal Information be security safeguards appropriate to the sensitivity of the information; and
- (iii) To give effect any withdrawal of consent by a Customer or Employee; and
b) The Personal Information is necessary for carrying on the business or activity that was the object of the Business Transaction; and
c) One of the parties notifies the Customer or Employee, within a reasonable time after the transaction is completed, that the Business Transaction has been completed and its Personal Information has been disclosed.
3.7 In obtaining consent, RiverTV shall use reasonable efforts to ensure that the Customer or Employee is advised of the identified purposes for which Personal Information will be used or disclosed. Purposes shall be stated in a manner that can be reasonably understood by the Customer and Employee.
3.8 RiverTV will require consent for the collection, use or disclosure of Personal Information as a condition of the supply of a service or product only if such collection, use or disclosure is required to fulfill the identified purposes.
3.9 In determining the appropriate form of consent, RiverTV shall take into account the sensitivity of the Personal Information and the reasonable expectations of its Customers and Employees.
3.10 A Customer or Employee may withdraw or vary consent at any time, subject to legal or contractual restrictions and reasonable notice. Customers and Employees may contact RiverTV at the contact coordinates listed in Section 1.1 for more information regarding the implications of withdrawing or varying consent.
4. USE OR DISCLOSURE OF AGGREGATE OR DE-IDENTIFIED INFORMATION
4.1 RiverTV may aggregate information about you and other individuals together, or otherwise "de-identify" the information about you (which means that the information does not identify you personally). RiverTV may use information in these forms for any legitimate business purpose, including for research and analysis, administration of the RiverTV Services, advertising (e.g., improving our targeting efforts), and promotional purposes.
4.2 RiverTV may share information de-identified information with advertisers and service providers that perform advertising-related services, as well as our business partners in order to tailor advertisements, measure and improve advertising effectiveness, and enable other enhancements. This information includes your use of RiverTV, websites you visited, advertisements you viewed, and other activities using while using RiverTV.
5. LIMITING COLLECTION OF PERSONAL INFORMATION
5.1 RiverTV shall limit the collection of Personal Information to that which is necessary for appropriate purposes identified by RiverTV. RiverTV shall collect Personal Information by fair and lawful means.
5.2 RiverTV collects Personal Information primarily from its Customers and Employees, as opposed to third parties.
5.3 RiverTV may also collect Personal Information from other sources including credit bureaus, employers or personal references, or other third parties who represent that they have the right to disclose the information.
5.4 There are a number of ways in which you may provide us with and consent to our collection of certain information, some of which may include Personal Information. However, if you choose not to provide certain information, certain features of the Services may not be available to you and some features may not function properly.
5.5 By way of example, you may provide information, some of which may be Personal Information, in the following circumstances:
- Registration. If you choose to sign up for a trial period for our Services, your mobile phone number or email address is necessary to begin the trial period and create your account (“Account”).
- Purchases. If you choose to continue your trial period or purchase a subscription to our Services (“Subscription”), first and last name, mobile phone number, email address, payment card information and postal code are necessary to continue your trial period and to purchase a Subscription to the Services.
- Accessing the Services. If you are a registered subscriber and you want to use the Services, mobile phone number or email address is necessary for us to authenticate your Subscription to the Services.
- Customer Service Inquiries. First and last name, mobile phone number, and/or email address are necessary to provide this service, in addition to information in our system that you may need to confirm and any other Personal Information you provide in your email or phone call to us so that our representatives can assist you.
- Product Feedback, Surveys, Reviews, Comments, and/or Input. As part of your input, you may be asked to provide your first and last name, address, or other Personal Information, and we may pull location and other information from your order history.
- Email Message or Inquiry Forms. If you email an inquiry to us or fill out a form to receive additional information, we will use the contact information you provide to respond to your inquiry.
- Inquiries via Social Media. If you contact us via social media, including without limitation, Facebook and Twitter, we will have access to your social media handle and other information you post, and we may use that information to respond to your inquiry.
- Communications, Newsletters and Promotions. You will need to register on the Services if you want to access newsletters or information on special promotions.
- Notifications. You may request that information be sent to you. The contact information you provide will be used to send the information to your email address or other contact point. Notifications may also be sent through the RiverTV application.
- Email a Friend. If you request that information be sent to a friend, you are responsible for obtaining the consent of your friend to our use of the friend’s email address and other contact information for this purpose. We may also send a confirmation email to you.
- Engage with Interactive Advertising. You may submit data fields requested by interactive ads that are placed on the Services. We may share this information with our ad partners.
- Register for a contest, sweepstakes or other promotion. For example, you may provide your first and last name, phone number and home address, and we may be legally obligated to disclose this information if you win.
We may also collect certain information using automated methods, and some of this information, whether alone or combined with other data, may be Personal Information. Examples of automatically collected information include:
- Information about your device, device capabilities, and device operating system
- Information about your browser
- Information about how you use the Services
- Your activities on the Services
- IP address
- Mac address
- Advertising identifiers
- Mobile or Internet Carrier
- Browser type and browser identifier
- Referring URL
- Language selection
- Device type
- Phone number you use to call us
- Viewed Content. If you stop watching a program on a particular device, the Service provides the option for you to pick up the program where you left off when you launch the Service on a different device. To be able to do this, we must keep track of the content you have watched, when you watched the content, the point at which you stopped watching the content, make recordings of that content, and connect that information to your Account, along with identifying all devices you use in connection with your Account. The Service also permits you to pause, rewind or fast-forward content. To be able to do this, we must make recordings of the content you are watching and connect that information with your Account.
- Location Information. We use various technologies to detect your general location, such as city or zip code.
6. LIMITING USE, DISCLOSURE AND RETENTION OF PERSONAL INFORMATION
6.1 RiverTV shall not use or disclose Personal Information for purposes other than those for which it was collected, except with the consent of the individual or in the circumstances listed under Section 3.3, above. RiverTV shall retain Personal Information only as long as necessary for the fulfillment of those purposes or as required by law.
6.2 Internally, only RiverTV employees with a business need to know, or whose duties reasonably so require, are granted access to Personal Information about Customers and Employees.
6.3 In addition, RiverTV may disclose a Customer’s Personal Information, in accordance with all applicable CRTC regulations, to:
a). Another telecommunications services provider for the efficient and effective provision of telecommunications services;
b). An entity involved in supplying the Customer with communications or communications directory related services;
c). Another entity for the development, enhancement, marketing or provision of any of the products or services of RiverTV;
d). An agent retained by RiverTV in connection with the collection of the Customer's account;
e). Credit grantors and reporting agencies;
f). To the Commission for Complaints for Telecom-Television Services;
g). A person who, in the reasonable judgment of RiverTV, is seeking the information as an agent of the Customer; and
h). A third party or parties, where the Customer consents to such disclosure or disclosure is required by law.
6.4 In addition, RiverTV may disclose an Employee’s Personal Information to:
a). An entity for regular personnel and benefits administration;
b). An Employee’s prospective employer for the purpose of providing a reference; and
c). A third party or parties, where the Employee consents to such disclosure or the disclosure is required by law.
6.5 RiverTV shall maintain reasonable and systematic controls, schedules and practices for information and records retention and destruction which apply to Personal Information that is no longer necessary or relevant for the identified purposes or required by law to be retained. Such information shall be destroyed, erased or made anonymous within a reasonable period of time after RiverTV no longer reasonably requires the Personal Information for legal or business purposes.
7. ACCURACY OF PERSONAL INFORMATION
7.1 RiverTV shall strive to keep Personal Information within its possession or control as accurate, complete, and up-to-date as is necessary to: (1) appropriately utilize that Personal Information for the purposes for which it was collected; and (2) minimize the likelihood that inappropriate information may be used to make a decision about a Customer or Employee.
7.2 RiverTV shall update Personal Information about Customers and Employees as and when necessary to fulfill the identified purposes or upon notification by the individual.
8. SECURITY SAFEGUARDS
8.1 RiverTV shall protect Personal Information by security safeguards appropriate to the sensitivity of the information.
8.2 RiverTV shall strive to protect Personal Information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction, through appropriate security measures. RiverTV shall protect the information regardless of the format in which it is held.
8.3 RiverTV shall utilize technological, contractual and other means to provide an appropriate level of protection for Personal Information that is disclosed to third parties for processing.
8.5 RiverTV may store and process Personal Information in Canada or another country. In either case, the Personal Information is protected with appropriate security safeguards and subject to the privacy laws and regulations of the host jurisdiction.
8.6 While the majority of RiverTV’s data traffic is routed domestically, some traffic may be routed through other jurisdictions while in transit.
9. OPENNESS CONCERNING POLICIES AND PRACTICES
9.2 RiverTV shall make information about its policies and practices as accessible and easy to understand as possible, including:
b) the contact information for forwarding any privacy complaints;
c) the means of gaining access to one’s own Personal Information held by RiverTV; and
d) a description of the type of Personal Information held by RiverTV.
9.4 RiverTV will make available information to assist Customers and Employees in exercising choices regarding the use of their Personal Information.
10. CUSTOMER AND EMPLOYEE ACCESS TO PERSONAL INFORMATION
10.1 RiverTV shall inform a Customer and Employee of the existence, use, and disclosure of his or her Personal Information upon request, subject to the limitations described in Section 9.3, below.
10.2 Customers and Employees can seek access to their Personal Information by contacting the Privacy Officer(s) at the coordinates listed in Section 1.1. RiverTV shall afford Customers and Employees a reasonable opportunity to review the Personal Information in the individual’s file, subject to the limitations described in Section 9.3, below. Personal Information shall be provided in understandable form within a reasonable time and at a minimal or no cost to the individual. Customers and Employees may identify any issues with the accuracy or completeness of the information provided and RiverTV will amend it as needed.
10.3 In certain situations, RiverTV may not be able to provide access to all the Personal Information that it holds about a Customer or Employee. For example, RiverTV may not provide access to information if doing so would likely reveal Personal Information about a third party or could reasonably be expected to threaten the life or security of another individual. Also, RiverTV may not provide access to information if disclosure would reveal confidential commercial information, if the information is protected by solicitor – client privilege, if the information was generated in the course of a formal dispute resolution process, or if the information was collected in relation to the investigation of a breach of an agreement, or a contravention of federal, provincial or foreign laws and / or regulations. If access to Personal Information cannot be provided, RiverTV shall provide the reasons for denying access upon request unless prevented from doing so by lawful means.
10.4 Upon request, RiverTV shall provide an account of the use and disclosure of Personal Information and, where reasonably possible, shall state the source of the information. In providing an account of use, RiverTV will provide information about the purposes for which the Personal Information has been and is being used by the organization. In providing an account of disclosure, RiverTV shall provide a list of organizations to which it may have disclosed Personal Information about the individual when it is not possible to provide an actual list.
10.5 In order to safeguard Personal Information, a Customer or Employee may be required to provide sufficient identification information to permit RiverTV to account for the existence, use and disclosure of Personal Information and to authorize access to the individual’s file. Any such information shall be used only for this purpose.
11. CHALLENGING COMPLIANCE
11.1 A Customer or Employee may address a challenge concerning compliance with the above principles to the Privacy Officer(s) by using the contact coordinates listed in Section 1.1.
11.2 RiverTV shall maintain procedures for addressing and responding to all inquiries or complaints from its Customers and Employees about RiverTV’s handling of Personal Information.
11.3 RiverTV shall inform its Customers and Employees about the existence of these procedures as well as the availability of complaint procedures.
11.5 A Customer or Employee may seek advice from the Office of the Privacy Commissioner of Canada (at 1-800-282-1376 or [email protected]), and, if appropriate, file a written complaint with the Commissioner’s office. However, the Customer or Employee is encouraged to use RiverTV’s internal information and complaint procedures first.