Privacy Policy

Date of Last Revision May 10, 2022


Welcome to OVEE, a social screening platform offered by Independent Television Service, Inc. We value and respect your privacy and the information collected from you. This Privacy Policy explains what information of yours may be collected while using OVEE, how that information may be used, and how you can control or limit the collection and/or use of your information. OVEE will not use or share your information with anyone except as described in this Privacy Policy. This Privacy Policy does not apply to information that we may collect by other means, including offline or from other sources.

Independent Television Service, Inc., and its affiliates, funders, and sublicensees (hereafter collectively referred to as “ITVS,” “We,” or “Us”), offer OVEE, a social screening platform that enables you to watch online screenings and chat live in a virtual theater with friends, fans, and experts, (hereafter referred to as the “Service”) through its websites currently located at https://ovee.itvs.org, which exact URL may change from time to time (hereafter collectively referred to as the “Site”). This Privacy Policy applies to the Site and Service and any other website or online service that We operate and that links to this OVEE Privacy Policy.

If applicable, you may be required to set up an account to access portions of the Site or Service. You are responsible for your use of the Site and Service and for any and all content you post to the Site or Service (including, but not limited to, photographs, images, graphics, videos, and comments). This OVEE Privacy Policy is incorporated into, and forms a part of, the OVEE Terms of Service agreement, which is a legally binding contract between you and ITVS (the OVEE Terms of Service are available here).

By using the Site or Service, you are providing your acknowledgement of, and agreement to be bound by, this OVEE Privacy Policy. If you do not agree to any terms herein, do not use the Site or Service. Your continued use or access of the Site or Service after any updates to this Privacy Policy have been published to the Site constitutes your acceptance of any such revisions or updates.

1. Information We May Collect From You: We may collect and store information about you when you open an account, upload content, participate on the Site or Service, communicate with customer service, send Us an email, or otherwise use the Site and Service. Such information may include information that you provide to Us directly, such as: your email; your name; your OVEE username; your age; your gender; comments, emoticon responses, and poll responses you may make while using the Site and Service; photographs, images, or graphics you may upload to the Site or Service; your physical address; and/or your zip code. We also may collect certain information automatically when you use our Site and Service, such as your IP address, the duration of your use of the Site and Service; your browser type and language, as well as other device identifiers; pages that you visit before and after using the Site or Service, the date and time of your use of the Site or Service; information about the links you click and pages you view within the Site or Service, and other standard server log information. We may use cookies, web beacons, and similar technologies to collect this information. By using the Site and Service, you consent to our use of cookies and similar technologies. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some or all features of the Site or Service may not function properly if the ability to accept cookies is disabled. We also may receive information about you from other sources, including through third-party services and organizations. For example, if you access third-party services, such as Facebook or Twitter, through the Site or Service to share information about your experience on the Service with others, We may collect information from these third-party services about you.

2. How We May Use Your Information: We may use the information We collect from you to: create, customize, operate, maintain, or optimize the Site or Service; facilitate use of our Site or Service; manage your account and your preferences; analyze the use of and improve the Site or the Service, and related services; identify and protect against fraudulent transactions and other misuses of our Site or Service; to enforce the OVEE Terms of Service; and to protect the rights and safety of Us, our funders, members, officers, employees, sublicensees, successors, and customers.

By providing your email address (including by “following,” “liking,” linking your account to the Site or Service, etc., on a third party website or network), you consent to Our using the email address to send you Site or Service-related notices, including any notices required by law, in lieu of communication by U.S. mail. You also agree that We may send you notifications of activity on the Site or Service to the email address you provide to Us. We may use your email address to send you other messages, such as newsletters, changes to features of the Site or Service, or other information. If you do not want to receive such email messages, you may opt out by following the “Unsubscribe” link at the bottom of emails We send you, or by sending your request to OVEE@itvs.org with “Unsubscribe” in the subject line.

Following termination or deactivation of your OVEE account, We may retain your information and any content you uploaded to the Site or Service for a reasonable time for archival purposes. Furthermore, We may retain and continue to use indefinitely all information (including your content) contained in your communications to other users or posted to public or semi-public areas of the Site or Service after termination or deactivation of your account, unless otherwise prohibited by law.

3. How We May Share Your Information: We may disclose some or all of your information to third-party vendors and service providers, such as third-party moderators, hosts, panelists and participants of the individual screenings in which you participate on the Site or Service, as well as their individual partners and funders involved with or otherwise participating in the screenings in which you participate. We may share your information with these parties to help Us operate, maintain, or improve the Site and Service; for third parties to review, evaluate, and improve their respective participation or involvement with the Site, Service, or the OVEE screenings in which you participate; for grading, monitoring, and otherwise reviewing and evaluating student participation; for third-party moderators to record the OVEE screenings and publish such recordings on third-party websites for non-commercial use; and for marketing purposes and follow up communications on subjects and matters related to your use of the Site or Service and the OVEE screenings in which you participate. We may also disclose your information to investigate allegations of fraud, harassment, threats, or abuse; to protect against misuse of the Site or Service; or to otherwise protect our rights and safety, and those of our shareholders, members, employees and users/customers, including to respond to subpoenas, court orders, legal process, law enforcement requests, legal claims, or government inquiries. We may transfer your information in the event of a substantial corporate transaction, such as the sale of a website, merger, consolidation, asset sale, acquisition, or in the unlikely event of bankruptcy. We may share your information for any other purposes disclosed to you at the time We collect the information or pursuant to your written consent. We may also share aggregated, non-personally identifiable information with third parties. If you access third-party services, such as Facebook or Twitter, through the Site or Service to share information about your experience on the Site or Service with others, these third-party services may be able to collect information about you, including information about your activity on the Site or Service, and they may notify your connections on the third-party services about your use of the Site, in accordance with their own privacy policies.

Please note that any content you post to the Site or Service may be viewed by other users of the Site and Service and through third-party services and websites. You should only provide content that you are comfortable sharing with others.

4. Your Options: You have the choice to: not provide personal information directly to Us, although that may result in your inability to use the Site or the Services, to obtain certain services, or to use certain features of our Site or Services; stop receiving promotional emails or newsletters from Us by following the “Unsubscribe” link at the bottom of emails We send you, or by sending an email to OVEE@itvs.org with “Unsubscribe” in the subject line (although We may continue to respond to any emails from you or to use your email for non-promotional communications); and review and update your personal information by contacting Us at the email address below or, if you have an online account on our Site or Services, by logging into that account. You may be able to refuse or disable cookies by adjusting your web browser settings. Because each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section). Please note that you may need to take additional steps to refuse or disable such technologies. If you choose to refuse, disable, or delete these technologies, some of the functionality of the Site or Service may no longer be available to you. If you would like OVEE to delete your personal information collected by OVEE, you may email Us at privacy@itvs.org. Please allow ten (10) business days for data to be removed.

5. Children’s Personal Information: Visitors under the age of 13 are prohibited from accessing or using the Site or Service. Your use of the Site and Service constitutes your representation and warranty that you are over the age of 13. Our Site and Services are directed to a general audience, and We do not knowingly allow visitors under the age of 13 to access or utilize the Site or Service, nor do We knowingly collect personal information from visitors under the age of 13.

6. Security: We use reasonable measures to help protect your information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. No data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. Please note that information collected by third parties may not have the same security protections as information you submit to Us, and We are not responsible for protecting the security of such information.

7. Third-party Sites: The Site and Service may contain links to content and websites maintained by third parties that We do not control. We may allow third parties to place and read their own cookies, web beacons, and similar technologies to collect information automatically through the Sites and online Services. We may also allow third-party moderators to record the OVEE screenings (which may contain your information) and to publish such recordings on third-party websites. We are not responsible for the privacy practices of these third parties or the use of any recordings made by third-party moderators, and We recommend that you visit the privacy policies of each website that you visit.

8. International Users: The Service is designed for and targeted to a U.S. audience and is governed by and operated in accordance with the laws of the U.S. We make no representation that the Service is operated in accordance with the laws or regulations of any other nations. By using the Service and providing Us with information, you understand and agree that your information may be transferred to and stored on servers located outside your resident jurisdiction and, to the extent you are a resident of a country other than the United States, you consent to the transfer of such data to the United States for processing by Us in accordance with this Privacy Policy.

9. California Visitors: Residents of the State of California may request a list of all third parties to which We have disclosed certain information during the preceding year for the third parties' direct marketing purposes. If you are a California resident and want such a list, please contact Us by sending an email to OVEE@itvs.org. For all requests, you must put “OVEE” in the subject line, and you must put the statement “Your California Privacy Rights” in the body of your request and include your name, street address, city, state, and zip code. Please note that We will not accept requests via the telephone, U.S. mail, or by facsimile, and We are not responsible for requests that are not labeled or sent properly, or that do not have complete information.

10. Notification of Changes: Any changes to this OVEE Privacy Policy will be posted to the Site or Service and will become effective as of the date of posting. It is and will be your responsibility to review this OVEE Privacy Policy from time to time to make sure you are aware of any changes. Your use of the Site or Service after any changes to the OVEE Privacy Policy have been posted to the Site constitutes your acceptance of any such changes.

11. Contact: If you have any questions about this OVEE Privacy Policy, feel free to contact Us by email or U.S. mail at the following addresses:

Email:
OVEE@itvs.org
(Please put “OVEE Privacy Policy” in the subject line)

U.S. Mail:
ITVS
Attention: OVEE
1435 Folsom Street
San Francisco, CA 94103

Family Education Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) of 1974 (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records. "education records" are those records, files, documents, and other materials which 1) contain information directly related to a student; and 2) are maintained by an educational institution. FERPA applies to all institutions or educational agencies that receive funds under an applicable program of the U.S. Department of Education, as well as any parties acting for those institution or education agencies. If OVEE is offering screenings in conjunction with your educational institution, you may have rights under FERPA.

FERPA was written specifically for students and guarantees them the right to inspect and review their education records, the right to seek to amend their education records, and the right to have some control over the disclosure of information from their education records.

Generally speaking, FERPA allows educational institutions, educational agencies, and third parties acting on their behalf to disclose education records or personally identifiable information from education records in the following circumstances: with the written consent of the student, if the disclosure meets one of the statutory exemptions (e.g., compliance with subpoenas and pursuant to health and safety concerns), or if the disclosure is “directory information” and the student has not placed a hold on release of directory information. If you are participating in screenings or otherwise using the Site or Service at the direction of your educational institution, OVEE will obtain your informed written consent prior to the collection or disclosure of any of your information. In addition to obtaining your prior written consent before the collection or disclosure of your information, you may have additional rights under FERPA.

FERPA affords eligible students certain rights with respect to their education records. An “eligible student” under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution. These rights include:

  1. The right to provide written consent before OVEE discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent. OVEE may collect and disclose your information with your prior written consent. OVEE may disclose education records without your prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by OVEE or your educational institution in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. A school official also may include a volunteer or contractor outside of OVEE or your educational institution who performs an institutional service or function for which OVEE or your educational institution would otherwise use its own employees and who is under the direct control of OVEE or your educational institution with respect to the use and maintenance of personally identifiable information from education records, such as an attorney, auditor, collection agent, or a student volunteering to assist another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for OVEE or your educational institution.
  2. The right to inspect and review your education records within 45 days after the day OVEE receives a written request for access from you. A student desiring to exercise this right should submit a written request to OVEE@itvs.org that identifies the record(s) the student wishes to inspect. OVEE will deliver any applicable electronic records in its possession for inspection by the student.
  3. The right to request the amendment of the student’s education records that the student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. A student who wishes to ask OVEE to amend a record shall submit a written request to OVEE@itvs.org clearly identifying the part of the inaccurate record the student is requesting be changed and specifying why it should be changed. If OVEE decides not to amend the record as requested, OVEE will notify the student in writing of the decision and the student’s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
  4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by OVEE or your educational institution to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:

    Family Policy Compliance Office
    U.S. Department of Education
    400 Maryland Avenue, SW
    Washington, DC 20202

If you have any questions about your rights under FERPA as they pertain to your use of the OVEE platform, or if you would like to exercise your rights under FERPA, please send a written request via email to OVEE@itvs.org with “FERPA” included in the subject line.