January 01 2019
Who we are and what we do
Acceptance and Changes
We do not knowingly collect information of persons who are under the minimum required ages specified herein. Residents of the European Union must be at least 16. Persons outside of the EU must be at least 13. Persons who are under 18 must obtain parental consent to use our services.
Data We Collect About You
We collect information about you when you use our services, namely your email address and name. Collected information may include or reflect personal information that could identify you, as well as non-personal information. We refer to your information as “your data” for short.
To create an account, you must provide a valid email address and password. If you choose to sign-up and/or authenticate using a third-party account (e.g., Facebook, Twitter), you authorize us to obtain account information from the third-party platform.
Our entire service is free!
Accountholders may create a profile and upload content such as videos, text, photographs, and artwork. Your profile may display information about you and your activities. This information may be accessed by others. Your videos may be viewed and otherwise accessed by others, and associated metadata (e.g., titles, descriptions, tags, etc.) are viewable by others. Your interactions with other users (e.g., comments, “likes,” private messages) may be seen by others. You may choose to limit the availability of your profile and videos by making them for private viewing only.
Other Information You May Submit
You may submit data to us for limited purposes such as requesting customer support; answering a questionnaire; participating in a study; entering contests or sweepstakes; or signing up to receive communications from us or another user.
Use Your Data
We may use your data for the following purposes:
- Identification and authentication: We use your data to verify you when you access your account.
- Communicating with you: We use your data when we communicate with you (e.g., when we respond to a customer support or other inquiry).
- Improving our services: We use your data to understand how our services are being used and how we can improve them. In general, we analyze aggregated data, rather than specific user data. We may, however, need to analyze a specific case to address a specific problem (e.g., a bug that affects only a few accounts).
- Customizing your experience: We use your data to personalize the service to you. This may include remembering your preferences for language or volume or displaying videos that you might enjoy, based upon your viewing choices.
- Marketing and advertising: We use your data to display ads and send you offers. We may also use your data in delivering third-party advertisements to you. This may include “targeted ads” based upon your activities.
- Exercising our rights: Where reasonably necessary, we use your data to exercise our legal rights and prevent abuse of our service. For example, we may use your data to detect and prevent fraud, spam, or content that violates our Terms of Service.
- Legal compliance: We use your data where we are legally required to do so. For example, we may need to gather your data to respond to a subpoena or court order.
- Protecting your information: Where appropriate, we may anonymize, backup, and delete certain data.
We may use algorithms and other automated means to implement any of the above.
With Whom We Share Your Data
We share data with third parties as follows:
- As you instruct: We may make your profile and videos available to others as you instruct in using our services. We may share your data with persons to whom you have granted account-level access.
- With your consent: We may share your data with third parties where we have obtained your express consent to do so. You may revoke these consents.
- Advertising: We may share your data with advertising companies to display relevant ads to you. Unless you expressly agree, we will not share or sell your name, email address, or physical address with such persons.
- Analytics: We may share your data with persons who provide analytics showing how customers are using our services.
- Affiliates and advisers: We may share your data with our parent company, SSS Distributions, and our auditors and advisers for planning, financial reporting, accounting, auditing, tax filings, and legal compliance. Unless you expressly agree, we will not share your data with our parent or any affiliate for other purposes, such as direct marketing.
- Certain legal situations: We may share your data where we believe disclosure is necessary to comply with a legal obligation or in connection with a corporate transaction as discussed above.
- Aggregated or anonymized information: We may publicly disclose non-personal aggregated or anonymized information such as our number of visitors and registered users.
We use reasonable efforts to vet vendors for their privacy and data security practices. We require that such vendors agree to protect the data we share.
Legal and Safety-Related Disclosures
We may disclose your data in response to official requests (e.g., court orders, subpoenas, search warrants, national security requests, etc.) (“requests”) that we receive from government authorities or parties to legal proceedings. We provide information only if we are legally compelled.
We handle Australian requests in accordance with Australian law. If the request originates from a foreign jurisdiction, we will typically disclose information where we in good faith believe that disclosure is permitted by both Australian law and local law. In all cases, we may raise or waive any legal objection or right available to us, in our sole discretion.
We may disclose user data where we reasonably believe that someone’s life is at risk. For example, if we become aware of a person threatening to commit suicide. Although we believe everyone has the right to chose how they end their life, we may share that person’s data with appropriate entities that may have the ability to help, the person may then reject the help.
We may disclose user data to report suspected crimes. We report content suspected of exploiting minors to the relevant authorities along with the data identifying the uploading user.
We may disclose user data in situations involving legal claims against us or one of our users. If you submit an Australian Copyright Act 1968 or other takedown notice, we may share that notice with the affected user. If you challenge such a notice, we may share your response with the complainant.
We retain your data for as long as you have an account. When you close an account, we will delete its content, including its videos. We may retain logs of automatically collected information (for internal analytics); your email address; your tax information; communications with you; and your transactional information (for auditing, tax, and financial purposes). When we no longer have a business reason for retaining data, we will delete or anonymize it.
We retain deleted videos on our servers for a short period in case you wish to reverse deletion. Once we delete a video, we may not be able to recover it. If you have previously made a video public, the video or its thumbnail may be discoverable in a search engine’s cache for a time. We have no control over search engines; however, we will, upon request, send a request for deletion to major search engines.
If we receive legal process pertaining to your account, we will retain your data for as long as we in good faith believe is necessary to comply with the legal process. Similarly, if we believe that your account has been involved in wrongdoing, we may preserve your data to defend or assert our rights.
Your Privacy Choices
We enable you to make numerous choices about your data:
- You may choose not to provide us with certain information. For example, you may choose not to create an account or not to provide optional account information.
- You may change your account and video privacy settings.
- You may change or correct information voluntarily submitted to us. We encourage you to keep your data current by viewing your settings page.
- You may opt out of receiving commercial emails from us.
- You may backup your videos.
- You may close your account (which will delete all videos) or delete certain videos.
Users from certain countries may have additional rights.
Account and Video Privacy Settings
We enable you to manage the privacy settings of your videos. On videotube.live, for example, your options may include:
- Public: Your video will be publicly-available.
- Private: Your video will be available to you and authorized Team Members.
- Selected people: Your video will be available to users you select (such as users you follow or specifically-designated users).
- Password-protected: Your video may be accessed by anyone who enters the password you have set.
- Private link: Your video may be accessed by anyone who enters the link assigned to it.
We provide similar options for our musictube.net services. You may change these settings at any time. Changes will be applied on a go-forward basis. You should exercise caution in granting access to others. Once you have granted access to someone else, you lose a degree of control over the distribution of your video as those persons may share the password and/or link with other people. Regardless of your profile or video privacy settings, VideoTube reserves the right to inspect them for compliance with its Terms of Service, to provide customer support, or to address technical issues.
Communications from Us
By creating an account, you consent to receive commercial emails from us, if any. This includes newsletters and offers. Users from certain countries may have the ability to opt out or opt in at the time of account creation. All users may decline to receive commercial messages in their account settings. Please note that any opt-out request may take several days to process and you will continue to receive transactional emails from us (e.g., emails confirming transactions and/or providing information about your account).
Mobile Device Communications
When our Mobile Apps becomes active, we may, with your consent, send push notifications in our apps. You may disable these by declining them or changing the app’s settings. To the extent provided, we may, with your consent, send SMS messages to your mobile telephone for authentication and security purposes. You may opt out of receiving such messages at any time.
Protecting Your Information
We use physical, technical, and organizational security measures to safeguard your data from unauthorized or accidental disclosure. Despite these efforts, no information system can be 100% secure, so we cannot guarantee the absolute security of your information.
Users also have a role to play in keeping their data safe. Although we leave password strength option to you, we encourage you to use a unique and hard-to-guess password for your account and to not share it with others. You should only grant access rights to people who you know and trust, and, even then, you should be careful in granting all access rights. You should monitor your account regularly. If you believe that someone has gained access to your account without your permission, please contact us immediately so that we can investigate.
You may receive other people’s data in using our service. If you receive information from other users, you must comply with all laws, including those concerning privacy, data security, and online marketing.
International Data Transfers and Certain User Rights
Location of Data
VideoTube is based in Australia. We provide services globally using computer systems, servers, and databases located in Australia and other countries. When you use our services from outside of Australia your information will be transferred to, stored in, and processed in your and other countries. Please note that Australian data and privacy laws may not be as comprehensive as those in your country. Residents of certain countries may be subject to additional protections as set forth below.
GDPR (EEA Users)
GDPR applies only to natural persons residing in the European Economic Area (for the purpose of this section only, “you” or “your” shall be limited accordingly). It is VideoTube’s policy to comply with the EU’s General Data Protection Regulation (GDPR). In accordance with the GDPR, we may transfer your personal information from your home country to Australia (or other countries) based upon the following legal frameworks:
- Legitimate business interests: We could not provide our services or comply with our obligations to you without transferring your personal information to Australia.
- Consent: We may transfer your personal information when we receive your express, revocable consent.
- Our use of Standard Contractual Clauses (also known as “Model Clauses”) where appropriate.
You have the right to: opt out of non-essential cookies; access, correct, delete, restrict or object to our use of your personal information; be forgotten; port your data and withdraw consents. We enable exercise of these rights primarily through our services (which we reserve the right to modify). For example, we allow users to change their information, download their videos, and close their accounts. We also fulfill our obligations in response to direct requests. We will endeavor to process requests within one month. Please note that we may not be able to comply with requests to the extent that they would cause us to violate any law or infringe any other person’s rights. We reserve the right to request appropriate identification. We will process requests free of charge unless they would impose an unreasonable cost on us.
If you have a request, complaint or inquiry, please contact our Data Protection Officer at email@example.com We are committed to working with you to obtain a fair resolution of any issue. You also have the right to file a complaint with the supervisory data protection authority of your jurisdiction.
For any questions, inquiries, or complaints relating to your privacy, please contact us at:
PO Box 238