Privacy Policy

LAST UPDATED: August 10, 2018

At Caffeine, your privacy is important to us. This Privacy Policy is designed to explain how we collect, use, disclose, and safeguard Personal Information in connection with our website, www.caffeine.tv and mobile apps (collectively, the “Service”). It also tells you about your rights and choices with respect to your Personal Information, and how you can contact us if you have any questions or concerns.

The terms “Caffeine,” “we,” “us,” and “our” include Caffeine Inc. and our affiliates and subsidiaries. By using the Service, you agree to the terms and conditions of this Privacy Policy. Beyond the Privacy Policy, your use of the Service is also subject to our Terms of Service and Community Guidelines.

Personal Information We Collect

For the purpose of this Privacy Policy, “Personal Information” means any Personal Information relating to an identified or identifiable individual. We obtain Personal Information relating to you from various sources described below.

Where applicable, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so. If you do not provide Personal Information when requested, you may not be able to benefit from our Service if that Personal Information is necessary to provide you with the Service or if we are legally required to collect it.

  1. Personal Information You Provide Us
    1. Registration. When you register for an account on Caffeine, we collect Personal Information that you provide to us, such as your email address, username, birth date and password.
    2. Broadcasts and other User Generated Content. When you use the Service, we collect any content that you post on the Service, including your broadcast video and audio, chat messages and any Personal Information you choose to share in your profile page.
    3. Communications. If you contact us directly, we may receive additional Personal Information about you. For example, when you contact our Customer Support Team, we may receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other Personal Information you choose to provide.
    4. Credit Redemption Procedure. If you register for approval to redeem Credits for real money currency, you will be required to provide additional financial and tax-related Personal Information to us or our third-party service providers that legally screen you for eligibility and process any payments to you on our behalf. Your Personal Information will be collected and stored by this third-party payment provider and not by us, except as required for us to report to tax authorities (directly or via third party tax reporting service).
  2. Personal Information Obtained From Third Parties
    1. Social Sign-On/Account Linking. You may choose to sign in using your eligible social media (such as Facebook or Twitter) account credentials or subsequently link your social media accounts to your Caffeine account, in which case we may collect your social media account ID and associated email address. If you choose to use such accounts to sign in or link accounts, we will receive access to your associated friends or follower lists (however such relations are named on the relevant social media platform), which we use to personalize the content we provide you, including broadcasts and chat. Affirmative consent to do so was received when you agreed to our Privacy Policy. Your friends/followers who have also linked their Caffeine accounts will automatically become your followers/followees on Caffeine. In such case, we may share limited information with the social media platform about your activities on Caffeine while engaged with their products (such as a game).
    2. Financial Personal Information. We use third-party payment services to process payments made through the Service. For example, if you make a purchase using a credit or debit card through the Service, your Personal Information will be collected and stored by this third-party payment provider and not by us. We may have access to the Personal Information in order to validate the transaction as part of our anti-fraud efforts. If you apply for eligibility to be paid real money from Caffeine, we use a third-party payment service to collect your Personal Information, screen it to comply with legal requirements, and make payments to you. We also use this service to collect and store your Personal Information so that we may meet our reporting requirements. We may obtain this Personal Information in the fulfillment of our tax reporting obligations.
  3. Personal Information We Collect Automatically From Your Use of the Service
  4. When you use our Service, we and our third-party service providers may collect Personal Information from you through automated means, such as cookies, web beacons, and web server logs. By using the Service, you consent to the placement of cookies, beacons, and similar technologies in your browser and on emails in accordance with this Privacy Policy. The Personal Information collected in this manner includes IP address, browser characteristics, device IDs and characteristics, operating system version, language preferences, referring URLs, and Personal Information about the usage of our Service. We and our service providers may collect Personal Information about other processes and programs that are running on your device, to troubleshoot and perform analytics on our Service.

    We and our service providers may use this Personal Information, for example, to ensure that the Service functions properly, to determine how many users have visited certain pages or opened messages or newsletters, or to prevent fraud or other criminal activity. We work with analytics providers such as Google Analytics, which uses cookies and similar technologies to collect and analyze Personal Information about use of the Service and report on activities and trends. This service may also collect Personal Information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to https://www.google.com/policies/privacy/partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

    If you do not want Personal Information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Service.

How We Use Your Personal Information

We may use the Personal Information we collect:

  1. To operate, maintain, enhance and provide features of the Service, to provide Service and information that you request, to respond to comments and questions, and otherwise to provide support to users.
  2. To personalize your experience on the Service by presenting content, chat, products and offers tailored to you. For example, we may analyze your activity and those of your friends on the Service to personalize your feed and inform you about ongoing or future Broadcasts, or other content that may be of interest to you.
  3. To fulfill your purchase or complete your cash-out transaction.
  4. To understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, features, and functionality.
  5. To contact you for administrative and informational purposes. This may include providing customer service or sending communications, including changes to our terms, conditions, and policies.
  6. For marketing purposes, such as developing and providing promotional and advertising materials that may be useful, relevant, valuable or otherwise of interest.
  7. For our business purposes, such as audits, security, compliance with our internal policies, license agreements with content providers, applicable laws and regulations, fraud and financial crime monitoring and prevention.
  8. To enforce our Terms of Service, Community Guidelines, or other legal rights.
  9. If you are located in the European Economic Area, we only process your Personal Information when we can rely on a valid legal ground, including when:
    1. You have consented to the use of your Personal Information, for example, to receive electronic marketing communications or provide you with relevant Broadcasts and tailored content;
    2. We need your Personal Information to provide you with the Service, including account registration, and to respond to your support inquiries.
    3. We have a legal obligation to use your Personal Information, such as the obligation to protect IP rights or for fraud and financial crime prevention and monitoring.
    4. We, or a third party, have another legitimate interest in using your Personal Information. In particular, we have a legitimate interest in using your Personal Information to personalize our Service and provide you with tailored content, conduct business analytics, comply with license agreements entered into with third-party content providers, and otherwise improve the safety, security, and performance of our Service. We only rely on our or a third party’s legitimate interests to process your Personal Information when these interests are not overridden by your rights and interests.

How We Share Your Personal Information

  1. To our affiliates and subsidiaries for the purposes described in this Privacy Policy.
  2. To our third-party service providers who provide services such as website hosting, payment processing, data analysis, information technology and related infrastructure provision, customer service, email delivery, online advertising, auditing, and other Services.
  3. To our third-party licensors who provide content for use on the Service. Your use of and engagement with such third-party licensors’ content may result in such licensors’ obtaining detailed information about such use and engagement.
  4. The Service may allow you to export and share Personal Information to social media websites. We do not share your Personal Information with these sites except at the direction of our users. For example, users have the ability to share a link to your broadcast on his/her social media accounts, which may include your public username and broadcast image. These third parties’ use of any Personal Information that we share with them will be governed by their privacy policies, not this Privacy Policy.
  5. We share certain Personal Information about your activity on the Service with Users who follow you on the Service. For example, your followers will be able to view your Broadcasts on the Service and any Broadcasts that you are watching and any comments that you send to other Users on the Service. We are not responsible for the privacy practices of other Users. Accordingly, we recommend that you carefully consider what you post to the Service before doing so.
  6. To a potential or actual acquirer, successor, or assignee as part of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in bankruptcy or similar proceedings).
  7. If required to do so by law or in the good faith belief that such action is appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
  8. We may also share Personal Information about you with other third parties with your permission. We may use and disclose aggregate information that does not identify or otherwise relate to an individual for any purpose, unless we are prohibited from doing so under applicable law.

Third Party Services

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any social networks, operating any site or service to which the Service links. The inclusion of a link on the Service does not imply endorsement of the linked site or service by us or by our affiliates.

Security and Data Retention

We use certain physical, organizational, and technical safeguards that are designed to maintain the integrity and security of Personal Information that we collect. We maintain administrative, technical and physical safeguards that are intended to appropriately protect Personal Information against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Information in our possession. Please be aware that no security measures are perfect or impenetrable and thus we cannot and do not guarantee the security of your data.

We take measures to delete your Personal Information or keep it in a form that does not permit identifying you when we determine that this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period.

Your Choices

From time to time, we send marketing email messages to our users. If you no longer want to receive such emails from us on a going forward basis, you may opt-out via the “unsubscribe” link provided in each such email. If you opt out from receiving promotional messages from us, you will continue to receive administrative messages from us.

  1. If you are located in the European Economic Area or Switzerland, you may have the following additional rights: Request access to and receive information about the Personal Information we maintain about you, to update and correct inaccuracies in your Personal Information, to restrict or to object to the processing of your Personal Information, to have the information anonymized or deleted, as appropriate, or to exercise your right to data portability to easily transfer your Personal Information to another company. In addition, you may also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work or where an incident took place.
  2. Withdraw any consent you previously provided to us regarding the processing of your Personal Information, at any time and free of charge by terminating your account. We will apply your preferences going forward and this will not affect the lawfulness of the processing before your consent withdrawal.

Those rights may be limited in some circumstances by local law requirements. You may exercise these rights by using the How to Contact Us below.

Use of Service by Minors

The Service are for a general audience and are not directed to individuals under the age of 13. As such, we insist that individuals under 13 not provide Personal Information through the Service.

International Cross-Border Data Transfer

We use servers hosted in the United States to store Personal Information. Please note that we may be transferring your Personal Information outside of your region for storage and processing in the United States and around the globe. By using the Service, you consent to the transfer of Personal Information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country.

Updates to This Privacy Policy

We may make changes to this Privacy Policy. The “Last Updated” date at the top of this page indicates when this Privacy Policy was last revised. We encourage you to read this Privacy Policy periodically to stay up-to-date about our privacy practices. Your use of the Service following these changes means that you accept the revised Privacy Policy.

Contact Us

If you have any questions about this Privacy Policy or would like to exercise your rights, please contact us at:

Caffeine Inc.
570 El Camino Real #150-408, Redwood City, CA 94063
support@caffeine.tv