Metrological Platform Privacy Statement

You may not have heard of Metrological Media Innovations B.V. (“Metrological”, “We” or “Us”), but when you open an app or the app store on the set top box of your TV operator, we are involved to ensure that you have a great app experience. Metrological has onboarded a library of third-party apps that your TV operator may choose to make available to you through your set top box. Metrological provides technical services to enable your TV operator to offer certain apps on your set top box, and ensures that the app is loaded onto your set top box and available for your use. This privacy statement describes how Metrological will process personal data about your use of the apps and the app store offered by your TV operator.

If you visit our offices, are an employee of one of our business partners (i.e. TV operator or app provider), or access our website, please make sure to check out our Partner Privacy Statement to understand how personal data is processed by Metrological.

This Privacy Statement will apply to the use of the App Stores of the following TV operators: Fetch TV, Astro and Comcast.

When you open the app store or use apps on your set top box, the set top box may need to collect and send data to external parties to deliver the content you have requested. Most of that data is passed on directly to the app provider and not accessed by Metrological. For example, Metrological does not process the content that you open or consume in the app. Also, Metrological is not involved in any login procedure for the app. If you wish to learn more about these data processing activities of your TV operator or the providers of the apps that you choose to use, please read the privacy statements of these companies.

Metrological has agreed arrangements with your TV operator and app providers respectively, to protect your data. You should consider your TV operator and app providers as your first point of contact for any queries relating to your privacy, see paragraph “your rights” below. However, you are at all times free to contact Metrological directly on the email address below if you have any queries about the processing of personal data by Metrological.

What Personal Data Metrological collects

When you access your app store or open an app on your set top box, Metrological automatically collects certain data about the apps you open and how you engage with them, such as your IP address, the pages of the app that you open, and the time, frequency and duration of these activities.

We do not have access to data about the content that you open or consume in the app. For example, if you open a video app, we will register that you opened the video app and watched a video, but do not know which specific video you watched. We also don’t have any access to your bank account details, login credentials and app settings.

We will identify you based on a number that has been assigned to you on your set top box. To protect your privacy, this number will be accessible to Metrological only in hashed form. We do not know your name, where you live, or any other contact details (unless you contact us directly by email).

The vast majority of apps that are offered in the app store are third party apps. However, Metrological also has a limited number of apps of its own that it makes available through the app stores of TV operators. All these apps run on the set top box and do not require any additional processing of, or access to, your personal data by Metrological.

Why does Metrological collect and use your personal data

We collect and further process personal data about you for the following purposes:

1. Operating the Platform and Enabling You to Use Apps: We use data to enable the app you have selected to load and to ensure that our platform, and the apps and app stores that run on it, are functioning properly. We process data on the basis of the legitimate interest of Metrological, the app provider and TV operator in providing you with a high-quality app experience.
2. Analytics: For analytic purposes, Metrological collects pseudonymised data about your use of the app store and the apps. Metrological relies on its legitimate interest to have insight in the use of the apps and the app store and to continuously improve and optimize the functionality and quality of the platform on which the apps and app stores run. Because the app providers and TV operators also have a legitimate interest to improve and optimize the functionality and quality of their apps and their app stores, Metrological makes such data also available to the app providers and TV operators on an aggregated basis. Where required by applicable law, your TV operator shall ask your permission for such collection of data from your set top box.
3. Legal Purposes. In certain cases, we may need to use your personal data to handle and resolve legal disputes, for regulatory investigations and compliance or to comply with lawful requests from law enforcement. Metrological bases such processing on the fact that it is necessary to comply with a legal obligation or on Metrological’s legitimate interest to resolve legal disputes.

How Metrological Shares Personal Data

In certain circumstances, we’ll share your personal data with third parties:

1. Service Providers. We use service providers to provide support services, such as hosting services. All service providers are contractually required to continue to adequately safeguard your personal data. The transmission of personal data to third party service providers may include overseas transfers of personal data to countries whose data protection laws are not as comprehensive as those of the countries within the European Union. Where required by European law, we shall only transfer personal data to recipients offering an adequate level of data protection. In these situations, as may be required, we make contractual arrangements to ensure that your personal data is still protected in line with European standards. You can ask us to see a copy of these contractual agreements using the contact details below.
2. Corporate Family. We may share your information with our current or future “affiliates” (which means a parent company, any subsidiaries, joint ventures, or other companies under common control), in which case we will require our affiliates to honor this privacy statement.
3. TV operators and app providers. As noted above, Metrological makes usage analyses available to the app providers and TV operators on an aggregated basis.
4. Competent Authorities. We may disclose personal data to law enforcement insofar as it is required by law or is strictly necessary for the prevention, detection or prosecution of criminal acts and fraud or if we are otherwise legally obliged to do so. We may need to further disclose personal data to competent authorities to protect and defend our rights or properties, or the rights and properties of our business partners.

How we Retain Personal Data

Unless we need to retain your data for longer to comply with applicable laws or resolve disputes with any party, we store personal data for Analytics and Operating the Platform purposes for no longer than 12 months, unless otherwise required by law. For other purposes, we retain the data for as long as necessary for the purposes for which the personal data are processed. After this period, the data is permanently deleted or rendered anonymous in such a manner that it is no longer personal data.

Your rights

You have the right to access, rectify, port and erase your data. In some cases you also have the right to object to and restrict certain processing of your data. If you contact us directly, we may not be able to respond and may direct you to contact your app provider or TV operator because we do not collect your name or contact information.

The rights described above are not absolute rights. There may be circumstances that prevent Metrological from accommodating a request. Should we be unable to accommodate a specific request, we will notify you accordingly citing reasons for this.

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects. Such automated decision making currently does not take place regarding the processing activities covered by this privacy statement.

Special Notice for California Residents

The California Consumer Privacy Act (“CCPA”) provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of information about them, as well as rights to know/access, delete, and limit sharing of personal information. You have the right to be free from discrimination based on your exercise of your CCPA rights.

To the extent that we act as a business and collect personal information that is subject to the CCPA, that information, our practices, and your rights are described below. We have not included data that we collect as a service provider to the app providers or TV operators, as we do not use that data for our own purposes.

Notice at Collection Regarding the Categories of Personal Information Collected, Disclosed, and Sold

You have the right to receive notice of the categories of personal information we collect, and the purposes for which we use personal information. The categories we use below to describe personal information are those enumerated in the CCPA. We collect this personal information for the purposes described in the "Why does Metrological collect and use your personal data" section above.

Entities to whom we disclose information for business purposes are service providers, which are companies that we engage to conduct activities on our behalf. Service providers are restricted from using personal information for any purpose that is not related to our engagement. As described above, we may share any of the categories of personal information that we collect with service providers.

Under the CCPA, a business “sells” personal information when it discloses it to a company for monetary or other benefit. A company may be considered a third party either because the purpose for its sharing of personal information is not for an enumerated business purpose under California law, or because its contract does not restrict it from using personal Information for other purposes. We do not sell personal information to third parties.

Note that the IP address is used to deliver the app to your set top box, but is not stored by Metrological.

Right to Opt Out of Sale of Personal Information to Third Parties

You have the right to opt out of any sale of your personal information by Metrological to third parties. However, we do not engage in any disclosures that would be considered sales of data under the CCPA. Please note that your right to opt out does not apply to our sharing of personal information with service providers.

Right to Know and Request Access to and Deletion of Personal Information

You have the right to request access to personal information collected about you and information regarding the source of that personal information, the purposes for which we collect it, and the third parties and service providers with whom we share it. You also have the right to request in certain circumstances that we delete personal information that we have collected directly from you. We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.

Because we do not collect your name or contact information, Metrological may not be able to connect you with the information we store when you contact us. We therefore recommend that you to contact your app provider or TV operator, if you wish to exercise any of your rights under the CCPA. Nonetheless, you may also submit a request to exercise your rights to know/access or delete your personal information by emailing us at privacy@metrological.com. You may authorize another individual or a business registered with the California Secretary of State, called an authorized agent, to make requests on your behalf through these means.

Verification Procedures

In order to process your request to know/access or delete personal information we collect, we must verify your request. We verify your identity by asking you to confirm your request using the email or telephone account stated in the request. We will not use personal information we collect in connection with verifying or responding to your request for any purpose other than responding to your request.

Changes to this Privacy Statement

We might amend the Privacy Statement from time to time. If we make material changes to our practices, we will notify you of these changes before the new activities begin.

How to Contact Metrological

Your privacy is important to Metrological. Metrological knows that’s the kind of thing all these sorts of notices say, but frankly we mean it. So, if you have concerns about the way Metrological is handling your Personal Data, please let us know immediately and we will get right back to you. You may email us directly at privacy@metrological.com with the subject line "Privacy Concerns".

Metrological is a private limited liability company, incorporated under the laws of the Netherlands and has its offices at Mariniersweg 151, 3011NK Rotterdam, the Netherlands.

Metrological is committed to working with you to obtain a fair resolution of any complaint or concern about your data. If, however, you believe that we have not been able to assist with your complaint or concern, you have the right to lodge a complaint with the competent supervisory authority.

Last updated: 1 January, 2021 (Version 2020.1)