Privacy Policy

Effective December 27, 2010

Ustream Asia Inc. ("Ustream-Asia", "we" or "us") provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of our website accessible at www.ustream.tv (the "Site") and our proprietary video player which enables the sharing of live and recorded video and audio content and chat on the Internet and via computers and mobile devices by our users (any and all of the foregoing (the "Services"). The Services include Ustream’s proprietary embeddable video players, the Ustream channels, our software applications (including any updates, new versions or new releases thereof) including, but not limited to, our Viewer, Broadcaster and Recorder applications..

As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or touching information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within Japan or internationally.

Information Collection and Use

Our primary purpose in collecting information are to provide and improve our Services, features and content, to administer your membership and to enable users to enjoy and easily navigate the Site. We may also use your information in order to better understand how our Services are used. In addition, Ustream-Asia and Ustream, Inc. may use your information in order to send a message or an email regarding our service, marketing promotion, advertisement and invitation etc. to you. 

Personally Identifiable Information.

  • In the course of using the Services, we ask you to provide us with certain personally identifiable information that can be used to contact or identify you and administer your account ("Personal Information"). Personal Information may include, but is not limited to, your name, phone number, credit card or other billing information, email address and home and business postal addresses. We use your Personal Information mainly to provide the Services and administer your inquiries.
  • Please be aware that when you register to become a Member of Ustream-Asia, other users of the Services may be able to see your screen or user name, in addition to any comments or submissions that you post to the Site or submit via the Services. We recommend that you guard your anonymity and sensitive information and that you not use your real name as your screen or user name to the extent that allows others to identify you. If your use of the Services violates or potentially violates Ustream’s Acceptable Use Policy your Personal Information may be shared, and such disclosure will be subject to Ustream’s compliance with this Privacy Policy, all applicable laws, and law enforcements.
  • We also collect the other information that you provide as part of your use of the Services, including via your registration and the administration and personalization of your profile webpage (e.g., without limitation zip code, gender, age and individual preferences) ("Non-Identifying Information"). Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Users of Ustream-Asia to attempt to provide you with a better experience, to improve the quality and value of the Services and to analyze and understand how our Services are used.
  • Ustream Asia and Ustream, Inc. also use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. Ustream-Asia Members who agree to the terms and conditions of the Terms of Service are given the opportunity to opt-in to receiving such communications from us in the future. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your "user preferences" information. (See "Changing or Deleting Information," below.)
  • Ustream will also use and share your Personal Information with Ustream Asia, and other networks, websites and other entities affiliated, owned and/or connected with Ustream. We will use your Personal Information in compliance with the terms of this Privacy Policy.

Surveys and Promotions. From time to time, we may provide you with the opportunity to participate in surveys, contests or sweepstakes (any of these a "Promotion") via our Services. If you participate in a Promotion we will request certain Personal Information from you. We use the Personal Information you provide to us in these instances to administer your participation in the Promotion. Participation in a Promotion is completely voluntary and you therefore have a choice whether or not to disclose this information.

Log Data. As you use the Services, whether as a Ustream-Asia Member or a non-registered user just browsing (any of these, a "Ustream-Asia User"), our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This log data may include information such as your computer's IP address, browser type or the domain from which you are visiting. We use this information to monitor and analyze use of the Services and for the Site's technical administration. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.

Cookies

Like many websites, we use "cookies" to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. We use cookies for three purposes. First, we utilize persistent cookies to save your registration ID and login password for future logins to the Site. Second, we utilize session ID cookies to enable certain features of the Services, to better understand how you interact with the Services and to monitor aggregate usage by Ustream-Asia Users and web traffic routing on the Services. Unlike persistent cookies, session cookies are deleted from your computer when you close your browser. Third party advertisers on the Services may also place or read cookies on your browser. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Services. Third, we allow online advertising companies to obtain your cookie information when you visit any page on the Site that shows an advertisement distributed by such online advertising company. The cookie information will not be provided or disclosed to Ustream-Asia but will be controlled in accordance with the privacy policy of such relevant online advertising company.

We may also use "pixel tags," "web beacons," "clear GIFs" or similar means (individually or collectively "Pixel Tags") in connection with our Services to collect usage, demographic and geographical location data. A Pixel Tag is an electronic image, often a single pixel that is ordinarily not visible to users and may be associated with cookies on a user’s hard drive. Pixel Tags allow us to count users who have visited certain pages of the Site, to deliver branded services and to help determine the effectiveness of promotional or advertising campaigns.

Information Sharing and Disclosure

In principle, we utilize your Personal Information only to the extent necessary to achieve the foregoing utilization purposes. It is our general rule that we will not provide or disclose your Personal Information to a third party without your consent.

Ustream-Asia Members. When you register through the Site and submit your Personal Information to create a profile webpage, Ustream-Asia Users will see your "Screen Name" and the month and year you first registered with Ustream-Asia ("Required Member Identifiers"). You can choose what other Personal Information you provide as part of your profile ("Other Member Information") and in some cases you can choose whether to share that information publicly on the Site by making selections via the "user preferences" section of your profile webpage. Providing Other Member Information is voluntary and should correlate with the degree of interaction you want to have with Ustream-Asia Users. We recommend that you guard your anonymity and sensitive information.

Notifications and Following other Ustream Members. Ustream Members can also choose to join a "crowd" of other Ustream Members and follow their favorite Ustream broadcaster. If you choose to follow another Ustream Member you will have the opportunity to opt-in to providing that Ustream Member with your email address.

Aggregate Information and Non-Identifying Information. We may share aggregated information which does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any such aggregated information will not contain your Personal Information.

Service Providers. We may employ and entrust third party companies and individuals to facilitate our Services, to provide the Services on our behalf, to perform Site-related services or to assist us in analyzing how our Services are used (each a "Service Provider"). The types of Service Providers we use include, without limitation, those that provide the following types of services: credit card processing, accounting, customer relationship management, website maintenance, database management and web analytics. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

SpotXchange. SpotXchange serves ads on the Site and through the Services and collects information about users’ interaction with those ads, as described in the SpotXchange Privacy Policy, located at http://www.spotxchange.com/spx_privacypolicy.html.

Third Party Social Networking Services. As a Ustream Member you can link your account information with certain social networking services ("SNSs") and broadcast your activities and other data to your friends. In these instances, depending on the "user preferences" you set in your Ustream account, with your permission and on your behalf we will share the information contained in your Ustream account (e.g. Ustream profile page, channel page and any other information you deem public in any content you create on the Site) with the SNS. We also receive certain information (which may include your Personal Information) in accordance with the privacy settings you have set in your SNS account, if any. Other than what we may share with the SNS in connection with your linking of accounts, the personal information a SNS has about you is obtained by the SNS independent of our Services. Other services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other online services you use.

Cases where disclosure is permitted under Laws. In exceptional cases permitted under the applicable laws (including the Act on the Protection of Personal Information, etc.), we may utilize your Personal Information beyond the extent necessary to achieve the utilization purposes described above, and/or provide or disclose your information to a third party, Specifically, we may utilize and/or provide or disclose your information in the following instances: (i) where the handling of your Personal Information is based on and/or is in accordance with the applicable laws and regulations (e.g., the Code of Criminal Procedure and Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders, etc; (ii) where both (a) the handling of your Personal Information is necessary for the protection of the life, body or property of an individual, and (b) it is difficult to obtain your own consent for the disclosure or provision of such information; (iii) where both (a) the handling of your Personal Information is specifically necessary for improving public health or promoting the healthy development of children, and (b) it is difficult to obtain your own consent for the disclosure or provision of such information; and (iv) where both (a) the handling of your Personal Information is necessary for cooperating with the national government, a local government, or an individual or a business operator entrusted by either the national or local government in executing the affairs prescribed by laws and regulations, and (b) the obtaining your own consent is likely to impede the execution of such affairs.

Business Transfers. Ustream-Asia may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. If Ustream becomes involved in a merger, acquisition, reorganization or any form of sale of some or all of its assets, we will provide notice to you before your Personal Information is transferred and becomes subject to a different privacy policy.

Shared Utilization with Joint Venture Partner. Usteam-Asia and our joint venture partner, Ustream, Inc, will share your Personal Information and Non-Identifying Information in order to provide and improve our Services, features and content, to administer your membership, to enable you to enjoy and easily navigate the Site, to better understand how our Services are used, and to send you messages, emails or any other notices regarding our services, marketing promotions, advertisements and/or invitations, etc.

Providing to a Third Party. We may provide your Personal Information and Non-Identifying Information to a third party whom you can expect within the bound of common sense to the extent necessary to achieve the utilization purposes described above.

Changing or Deleting Your Information

All Ustream-Asia Members may review, update, correct or delete the Personal Information in their registration profile by contacting us. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your record in our system, please contact us and we will attempt to accommodate your request in a timely manner in accordance with the Act on the Protection of Personal Information after we have verified your identity. See below for privacy contact information.

Security

Ustream-Asia is very concerned with safeguarding your information. We employ reasonable physical, technological, and administrative security measures and attempt to ensure they are applicable under the circumstances. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

We will make any legally required disclosures of any breach of the security, confidentiality or integrity of your unencrypted electronically stored Personal Data (as defined in the Act on the Protection of Personal Information) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

International Transfer

Your information may be transferred to - and maintained on - computers located in any governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Ustream-Asia may transfer your Personal Information outside Japan and processes it there. Your submission of such information to us represents your agreement to that transfer.

Links to Other Sites

The Services contain links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third-party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. This Privacy Policy addresses the use and disclosure of information that we collect from you through our Services. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Our Policy Toward Children

Ustream-Asia does not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

Contacting Us

If you have any questions about this Privacy Policy, please contact us at japan@ustream.tv.