Stem Disintermedia, Inc. (“we” or “Stem”) knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly.
This Privacy & Cookies Policy (“Policy”) describes how we collect, use and share your Personal Data (as defined below) when you use the products and services offered by us, directly or through our application (the “Stem App”) and through other Stem online services, including Stem’s data processing services (collectively, the “Stem Network”). We provide this Policy to help you make an informed decision about whether to use or continue using the Stem Network.
This Policy should be read subject to the Stem Terms of Service, which together govern your use of the Stem Network and any Personal Data you provide on or through the Stem Network.
1. WHO WE ARE
Stem Disintermedia, Inc. is the controller responsible for your Personal Data.
We have appointed a designated contact, who is responsible for overseeing questions in relation to this Policy. If you have any questions about this Policy, including any request to exercise your rights, please contact us, using the details below.
Stem Disntermedia, Inc.
8605 Santa Monica Blvd
West Hollywood, CA 90069-4109
Email address: [email protected]
You have the right to make a complaint at any time to the applicable national data protection regulator. We would, however, appreciate the chance to deal with your concerns before you approach the regulator, so please contact us in the first instance.
2. INFORMATION COLLECTED BY STEM
A. User Provided Information: You may provide Stem with certain information which, either alone or in combination with other data, enables someone to personally identify you, for example your name, email address, username, contact details or any unique identifier such as an online identifier, an IP address or device ID (“Personal Data”). In addition to providing us with Personal Data directly, and only if you authorize us to do so, we may access the Personal Data that you have provided to third party Internet sites and services (for example, YouTube, SoundCloud or Google) through the use of an application programming interface.
B. Usage Data: As described in this Section, we automatically collect certain information when you use the Stem Network (“Usage Data”). Usage Data includes the information that your web browser automatically sends to our servers whenever you visit. The Usage Data collected in our server logs may include information such as your web request, Internet Protocol address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser. We send cookies to your browser when you use the Stem App (for more information, please see the Cookies section of this Policy (Section 10). We may use Adobe Flash technology that remembers settings, preferences and usage in a manner similar to browser cookies, but which is managed through a different interface than the one provided by your web browser. You can set your web browser and Adobe Flash Player to refuse all cookies. In addition, the Stem Network may use third party analytics software (for example, Google Analytics) to collect further Usage Data regarding the online usage patterns of our users.
3. THE WAY STEM USES INFORMATION
A. We will only user your Personal Data when the law allows us. Specifically, we will use your Personal Data in the following circumstances:
- where we need to perform the contract we are about to enter into with you or have entered into with you;
- where it is in our legitimate interests (or those of a third party) to do so and your interests and fundamental rights do not override those interests;
- where we need to in order to comply with a legal or regulatory obligation.
B. We may use your Personal Data and Usage Data (together, “User Information”) to operate, maintain, improve and provide to you the features and functionality of the Stem Network and for related business purposes. We may combine Usage Data with Personal Data in a manner that enables us to trace Usage Data to an individual user.
C. We may use your email address or other Personal Data to send you marketing messages about the Stem App, new Stem products and services which are similar to those that you are already using or have enquired about and any Stem updates or as part of a specific program or feature. You will have the ability to opt-out of such use. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of important Stem App changes or for customer service purposes).
D. We use your User Information to (a) improve the quality and design of the Stem Network and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends; (b) remember information so that you will not have to re-enter it during your visit or the next time you visit the Stem Network; (c) provide custom, personalized content and information, (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your uses of the Stem Network.
4. INFORMATION THAT STEM MAY DISCLOSE
A. We may provide your User Information to third-party service providers that are integrated with and provide a portion of the functionality of the Stem Network (our “Partners”). For example: (i) we may host portions of the Stem Network with our Partners; and (ii) we may refer you to third-party payment processors to process payment on our behalf. Any such User Information is provided directly to the Partner and is subject to that Partner’s policies, if any, governing privacy and security. We are not responsible for the content or privacy and security practices and policies of our Partners.
B. We may share aggregated and anonymized data as well as Usage Data (such as anonymous user usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with certain third-parties to assist such third parties in understanding the usage patterns for certain content, services, and/or functionality on the Stem Network.
C. We may disclose any User Information: (i) if required to do so by law, or in the good-faith belief that such action is in compliance with applicable law or in response to a court order, subpoena, legal process or search warrant, (ii) if we believe, in good faith, such action is appropriate or necessary to enforce our Terms of Service, exercise our legal rights, take precautions against liability, to investigate and defend ourselves against any claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Stem Network, and to protect the rights, property, or personal safety of Stem, our users or others, (iii) to any current or future acquirer, parent company, affiliated entity, joint venture, or other entity controlled by, controlling, or under common control with us (in which case we will require such entities to honor this Policy); or (iv) or as described herein.
D. We may disclose User Information to any of our affiliates or professional advisers for any one or more of the purposes outlined above.
5. YOUR CHOICES
A. You may, of course, decline to submit Personal Data through the Stem Network, in which case Stem may not be able to provide certain services to you. You may update or correct your Personal Data and email preferences at any time by visiting your account’s profile page.
B. Please feel free to contact us with any questions or comments about this Policy, your Personal Data, your consent, or your opt-in or opt-out choices using the contact information in Section 1 above.
6. OUR COMMITMENT TO DATA SECURITY
Stem uses appropriate physical, technical and organizational safeguards to preserve the integrity and security of your User Information and protect against unauthorized or unlawful use or accidental loss, corruption or damage. Such safeguards include requesting a unique password to verify your identity before granting access to your account. Given the inherent risk of internet transmission, we cannot, ensure or warrant the security of User Information you transmit to Stem and you do so at your own risk. You are responsible for maintaining the secrecy of your unique password and account information at all times. Once we receive your User Information, Stem makes commercially reasonable efforts to ensure the security of our systems, but please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of any of our physical, technical or organizational safeguards.
7. CHILDREN’S PRIVACY
Stem does not knowingly collect or maintain Personal Data on or through the Stem Network from persons under 13 years of age, and no part of the Stem Network is directed to persons under 13. If you are under 13 years of age, then please do not use or access the Stem Network at any time or in any manner. If we learn that Personal Data of persons under 13 years of age has been collected on the Stem Network, we will take the appropriate steps to delete this information from our systems. If you are a parent or guardian and discover that your child under 13 years of age has provided Personal Data to us, then you may alert us at [email protected] and request that we delete your child’s Personal Data from our systems.
8. SPECIAL NOTE TO INTERNATIONAL USERS
The Stem Network is hosted in the United States and is intended for and directed to users in the United States. If you are accessing the Stem Network from the European Union, Asia, or any other region with laws or regulations governing personal data collection, please be advised that information about you that we collect or that you submit may be transferred to, processed in, and held in countries other than the one in which you reside including countries such as the United States which the European Union has deemed do not provide “adequate” protection for personal information.
9. IN THE EVENT OF MERGER, SALE, OR BANKRUPTCY
In the event that we are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, assignment, assumption or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your User Information is treated, transferred or used, and you consent to the transfer of your User Information to any third party successors or assigns.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We use the following cookies:
Strictly necessary cookies. These are cookies that are required for the operation of the Stem Network. They include, for example, cookies that enable you to log into secure areas of the Stem App.
Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around the Stem Network when they are using it. This helps us to improve the way the Stem Network works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognize you when you return to the Stem Network. This enables us to personalize your experience.
Targeting cookies. These cookies record your visits to the pages you have visited and the links you have followed. We will use this information to make the Stem Network and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
11. DATA RETENTION
We will only retain your Personal Data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymize your Personal Data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
12. YOUR LEGAL RIGHTS
Your legal rights
If you are resident in the EU, you have rights under data protection laws in relation to your Personal Data. You have the right to:
Request access to your Personal Data (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you give us.
Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data if: (a) you want us to establish the data’s accuracy; (b) our use of the data is unlawful but you do not want us to erase it; (c) you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
13. CHANGES AND UPDATES TO THIS POLICY
This Policy may be revised periodically and this will be reflected in the “date last modified” set forth in Section 14 below. If you login to the Stem Network after an update to this Policy, we will advise you of the update. Should you continue to use of the Stem Network following such update, any such use shall be governed by the revised Policy.
14. DATE LAST MODIFIED
This Policy was last modified on November 26, 2018.