PRIVACY & DATA POLICY

Last Updated: Jan 18, 2019



I. First Things First

X On Demand, Inc. ("X On Demand," "we" or "us") respects your privacy. This Privacy Policy explains the collection, use, and sharing of information from or about you in connection with your use of the X On Demand Services. The term "X On Demand Services" refers to our video service, including the selection of shows, clips, trailers, movies, and other content we offer (collectively, the "Content") and our player for viewing the Content (the "Video Player"), as well as any other products, features, tools, materials, or other services offered by X On Demand through a variety of Access Points. The term "Access Points" refers to, collectively, the xod.tv website (the "X On Demand Site"), applications, and other places through which the X On Demand Services may be accessed, including websites and applications of X On Demand’s third-party distribution partners, parent company xmarkstheblack.com (the “X Marks The Black Holdings Site”) and other websites or applications where users or website or application operators are permitted to embed or have otherwise licensed the Video Player and/or Content.

By viewing any Content or otherwise using the X On Demand Services, whether you are a subscriber, other registered user, or a visitor who has not subscribed to or registered for the X On Demand Services, you consent to the collection and use of information from or about you as explained in this Privacy Policy. If you do not consent to the collection and use of information from or about you in accordance with this Privacy Policy, then you may not use the X On Demand Services.

Please note that the website addresses (i.e., URLs) included within this Privacy Policy may not function as hyperlinks on all the Access Points. To view this Privacy Policy with clickable hyperlinks, please visit the X On Demand Site on your computer.

II. Information We Collect

X On Demand may collect the following information from or about you:

a. Information You Provide To Us: We collect the content, communications and other information you provide when you use the X On Demand Services, including when you sign up for an account, like or share content, and message or communicate with others. For instance, when you register to use the X On Demand Services, we may collect your name, email address, birth date, credit card information, billing address, ZIP code, and other information. Additionally, X On Demand may collect information you provide to us when you respond to surveys, set your preferences, contact X On Demand through customer service or by other means, or participate in promotions that X On Demand may offer from time to time.

b. Usage and Log Data: We collect information when you use the X On Demand Services or view X On Demand advertising outside of the X On Demand Services. Examples of this information may include your IP address, device, browser and software characteristics (such as type and operating system), location (which may include precise location data), activity on the X On Demand Services including information about the videos you view on X On Demand (e.g., show titles and episode names), page views, comments left, messages sent to other users, friend’s list, ad data, referral URLs, network state, device identifiers or other unique identifiers such as advertising identifiers (e.g., "ad-ID" or "IDFA") and identifiers associated with browser cookies (see our description of "Cookies and Local Storage" below), and carrier information; as well as the actions you take, and the time, frequency and duration of your activities. For example, we log when you're using and have last used the X On Demand Services, and what videos and other content you view on the X On Demand Services.

d. Information Others That Are Connected To You Provide To Us: We also receive and analyze content, communications and information that other people provide when they use the X On Demand Services. This can include information about you, such as when others like or reply to a comment posted by you, send a message to you, or add you to a group chat

e. Data Collected Through Cookies and Similar Technologies: Like many online services, we use various technologies to collect usage data and store preferences. These technologies are discussed below.

i. Cookies and Local Storage: A cookie is a small data file that is transferred to your computer’s hard disk. We may use both session cookies and persistent cookies to better understand how you interact with the X On Demand Services or X On Demand advertising published outside of the X On Demand Services, to monitor aggregate usage by our users and web traffic routing on the X On Demand Services, and to customize Content and advertising. These uses allow us to improve the X On Demand Services. We may create a unique device or user ID for you and store it in a cookie so we can customize your experience based on your preferences.

a. We may collect information through other kinds of local storage (also referred to as "Flash cookies") and HTML5 local storage, including in connection with features such as volume/mute settings for the Video Player. Because these technologies are similar to browser cookies, they are sometimes called "browser cookies," even though they may be stored in different parts of your computer.

b. Most Internet browsers automatically accept cookies. You can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. For information about disabling cookies or deleting information contained in Flash cookies, please click here. Please note that disabling cookies or deleting information contained in cookies or Flash cookies may interfere with the performance and features of the X On Demand Services, including the Video Player. For example, we may not be able to store your preferences or login information or customize the Content and advertising to your viewing habits.

ii. Web Beacons or Pixels: In addition to cookies, we may use other technologies such as web beacons or pixel tags, which can be embedded in web pages, videos, or emails, to collect certain types of information from your browser or device, check whether you have viewed a particular web page, ad, or email message, and determine, among other things, the time and date on which you viewed the Content, the IP address of your computer, and the URL of the web page from which the Content was viewed.

iii. Mobile Device Identifiers and Software Development Kits ("SDKs"): We may use or work with third parties including our business partners and service providers who use mobile SDKs to collect information, such as advertising identifiers (e.g., "ad-ID" or "IDFA") and information related to how mobile devices interact with the X On Demand Services. An SDK is computer code that app developers can include in their apps to enable ads to be shown, data to be collected and related services and functionality to be implemented. A mobile SDK is in effect the mobile app version of a pixel tag or beacon. We may use this technology, for instance, to analyze how

you interact with Content and advertisements and to enable analytics or other features through mobile devices. The use of these various technologies in connection with advertising on the X On Demand Services is explained further below.

f. Third-Party Data: We may collect information about you from other sources, such as data aggregators, public databases, and our business partners. Examples of this may include information (whether identified, de-identified or anonymous, and whether collected online or offline) about your interests, demographic data, purchasing behavior, and your activities online (such as websites visited and advertisements viewed).

g. Device Information: We collect information from and about the computers, phones, connected TVs and other web-connected devices you use that integrate with the X On Demand Services, and we combine this information across different devices you use. For example, we use information collected about your use of the X On Demand Services on your phone to better personalize the content (including ads) or features you see when you use the X On Demand Services on another device, such as your laptop or tablet, or to measure whether you took an action in response to an ad we showed you on your phone on a different device. Information we obtain from these devices includes:

i. Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.

ii. Device operations: information about operations and behaviors performed on the device, such as whether a window is in the foreground or background, or mouse movements (which can help distinguish humans from bots).

iii. Device signals: Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.

iv. Data from device settings: information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos.

v. Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on your network.

We may combine the information we collect from or about you and use it in the manner described in this Privacy Policy or as otherwise permitted by law.

II. Information We Collect

We use the information we have to provide the X On Demand Services to personalize and improve the X On Demand Services, features and content (including your recommended videos, “who’s watching” list and ads) and make suggestions for you (such as new movie titles or collections) on the X On Demand Services. To create personalized Services that are unique and relevant to you, we use your connections, preferences, interests and activities based on the data we collect and learn from you and others; how you use and interact with the X On Demand Services; and the people, places, or things you're connected to and interested in on and off the X On Demand Services. Our use of this information may include the following:

i. providing the X On Demand Services;

ii. contacting you, including for promotional purposes;

iii. customizing the Content and advertising you view and evaluating how well the Content and advertising perform;

iv. identifying Content you share;

v. customizing recommendations;

vi. conducting research;

vii. compiling aggregate data for internal and external business purposes;

viii. preventing potentially illegal or harmful activities, including fraud;

ix. protecting your and our rights;

x. other uses in accordance with our Terms of Use; and

xi. any other purpose that is disclosed to you at the time we collect the information or that is related to a request made by you.

a. Use of Payment Information: We use payment information, such as credit card numbers and billing ZIP code, to help provide the X On Demand Services. For example, we use payment information to process payments from a subscriber (we use a third-party payment processor to do this), to retrieve account information for a subscriber, to determine whether a subscriber is eligible for promotions, and to detect abuse of the X On Demand Services.

b. Use of Precise Location Data: In order to access certain X On Demand Services from your device, you may be required to share your device’s precise location data (e.g., latitude and longitude) with us. In addition to providing you with certain X On Demand Services, this also enables us to serve you Content related to and eligible to be streamed in your local area. This data may also be used to tailor advertising to you based on your location. To learn more about your choices with respect to our collection and use of precise location data, please see the information we have provided in Section VII.

c. Use of Aggregate or De-Identified Information: In addition to the individual data use described in this Privacy Policy, we may aggregate information about you and other individuals together, or otherwise "de-identify" the information about you (which means that the information does not identify you personally). We may use information in these forms for any legitimate business purpose, including for research and analysis, administration of the X On Demand Services, advertising (e.g., improving our targeting efforts), and promotional purposes

d. Provide measurement, analytics, and other business services. We use the information we have (including your activity off the X On Demand Services, such as the websites you visit and ads you see) to help advertisers and other partners measure the effectiveness and distribution of their ads and services, and understand the types of people who use their services and how people interact with their websites, apps, and services.

e. Promote safety, integrity and security. We use the information we have to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of the X On Demand Services, and promote safety and security on and off of X On Demand Products. For example, we use data we have to investigate suspicious activity or violations of our terms or policies.

f. Communicate with you. We use the information we have to send you marketing communications, communicate with you about the X On Demand Services, and let you know about our policies and terms. We also use your information to respond to you when you contact us.

III. How do we share this information?

Your information is shared with others in the following ways:

Sharing on X On Demand Products.
a. People and accounts you share and communicate with. When you share and communicate using the X On Demand Services, you choose the audience you want to share with – either via your account settings or your direct actions. For example, when you use direct messaging to communicate with people, those people can see the content you send. Your friend’s network can also see actions you have taken on the X On Demand Services, including watching a series or commenting on a movie page. Public information can be seen by anyone on the X On Demand Services with an account. This includes your username; any information you share with a public audience (i.e. via public chat); information in your public profile on X On Demand; and content you share on an X On Demand Page. You, other people using X On Demand, and we can provide access to or send public information to anyone on or off the X On Demand Services, including in other X Marks The Black Holdings Company Products, in search results, or through tools and APIs. Public information can also be seen, accessed, re-shared or downloaded through third-party services such as search engines, APIs, and offline media such as TV, and by apps, websites and other services that integrate with the X On Demand Services.

b. Content others share or re-share about you. You should consider who you choose to share with, because people who can see your activity on the X On Demand Services can choose to share it with others on and off the X On Demand Services, including people outside the audience you shared with. For example, when you send a message to specific friends, they can download, screenshot, or re-share that content to others across or off the X On Demand Services, in person or within other features of the site (i.e. video chat). Also, when you comment on a movie or series page via the public chat or respond to another persons comment, your comment or response is visible to anyone who can see the other person's content, and that person can change the audience later. People can also use the X On Demand Services to share content about you with the audience they choose. For example, people can mention or tag you in a comment, or share information about you in their comments or messages. If you are uncomfortable with what others have shared about you on the X On Demand Services, you can report them from the source page or via the Help/Support tab of your account settings.

c. Information about your active status or presence on the X On Demand Services. People within your friend’s network can see signals telling them whether you are active on the X On Demand Services, including whether you are currently active on a specific movie or series page or within X On Demand direct messenger.

New owner. If the ownership or control of all or part of the X On Demand Services or their assets changes, we may transfer your information to the new owner.

Sharing with Third-Party Partners. We work with third-party partners who help us provide and improve the X On Demand Services. We don't sell any of your information to anyone, and we never will. We also impose strict restrictions on how our partners can use and disclose the data we provide c. Information about your active status or presence on the X On Demand Services.

People within your friend’s network can see signals telling them whether you are active on the X On Demand Services, including whether you are currently active on a specific movie or series page or within X On Demand direct messenger. . Here are the types of third parties we share information with:

a. Partners who use our analytics services. We provide aggregated statistics and insights that help people and businesses understand how people are engaging with their content on the X On Demand Products. For example, film producers and distributors who license titles to X On Demand receive information about the number of people or accounts who viewed, or commented on their titles pages, as well as aggregate demographic and other information that helps them understand interactions with their content.

b. Advertisers. We provide advertisers with reports about the kinds of people seeing their ads and how their ads are performing, but we don't share information that personally identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are). For example, we provide general demographic and interest information to advertisers (for example, that an ad was seen by a man between the ages of 18 and 25 who lives in Texas and likes dramas) to help them better understand their audience. We also confirm which X On Demand ads led you to make a purchase or take an action with an advertiser.

c. Vendors and service providers. We provide information and content to vendors and service providers who support our business, such as by providing technical infrastructure services, analyzing how the X On Demand Services are used, providing customer service, facilitating payments or conducting surveys.

d. Measurement partners. We share information about you with companies that aggregate it to provide analytics and measurement reports to our partners.

e. Law enforcement or legal requests. We share information with law enforcement or in response to legal requests in the circumstances outlined in Section VI.

IV. How do the X Marks The Black Holdings Companies work together?

X On Demand shares infrastructure, systems and technology with other X Marks The Black Holdings Companies (which includes X Marks The Black Productions) to provide an innovative, relevant, consistent and safe experience across all X Marks The Black Holdings Company Products you use. We also process information about you across the X Marks The Black Holdings Companies for these purposes, as permitted by applicable law and in accordance with their terms and policies. For example, we process information from X Marks The Black about accounts sending spam on its service so we can take appropriate action against those accounts on X On Demand. We also work to understand how people use and interact with X Marks The Black Company Products, such as understanding the number of unique users on different X Marks The Black Company Products.

V. How can I manage or delete information about me?

VI. How do we respond to legal requests or prevent harm?

We access, preserve and share your information with regulators, law enforcement or others:

a. In response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States when we have a good-faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.

b. When we have a good-faith belief it is necessary to: detect, prevent and address fraud, unauthorized use of the Products, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Products), you or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm. For example, if relevant, we provide information to and receive information from third-party partners about the reliability of your account to prevent fraud, abuse and other harmful activity on and off the X On Demand Services.

Information we receive about you (including financial transaction data related to purchases made with X On Demand) can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation, or investigations of possible violations of our terms or policies, or otherwise to prevent harm. We also retain information from accounts disabled for terms violations for at least a year to prevent repeat abuse or other term violations.

VII. How do we operate and transfer data as part of our global services?

We share information globally, both internally within the X Marks The Black Companies, and externally with our partners and with those you connect and share with around the world in accordance with this policy. Your information may, for example, be transferred or transmitted to, or stored and processed in the United States or other countries outside of where you live for the purposes as described in this policy. These data transfers are necessary to provide the services set forth in the X On Demand Terms and to globally operate and provide the X On Demand Services to you. We utilize standard contract clauses, rely on the European Commission's adequacy decisions about certain countries, as applicable, and obtain your consent for these data transfers to the United States and other countries.

VIII. How will we notify you of changes to this policy?

From time to time, we may revise this Privacy & Data Policy to reflect changes in the law, the X On Demand Services or for other reasons. Therefore, it is important to check the effective date posted at the top of the Privacy & Data Policy each time you visit the X On Demand Site or use any of the X On Demand Services to ensure you are familiar with our most updated policies and practices. If we make any material change to this Privacy & Data Policy, we will notify you by posting a notice on the X On Demand Site. If you are a registered user, we will also send an email to the email address that you most recently provided to us prior to the material change taking effect. Accordingly, please keep your account information, including email address, updated. Any material change to this Privacy & Data Policy will be effective automatically 30 days after the revised Privacy & Data Policy is first posted or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable.

IX. How to contact X On Demand with questions

If you have questions about this policy, you can contact us via the Help/Support tab of your account settings page or at help@xod.tv