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TELLA PRIVACY NOTICE

Your privacy matters to us. In this Tella Privacy Notice we explain how Tella HQ Inc. (Tella) collects, uses and processes your personal data collected through our online website and our interactions with you (the Services). 

We may change this Tella Privacy Notice from time to time. At all times, we will publish the up-to-date version on our website, together with a summary of key changes. For this reason, we suggest that you review this Tella Privacy Notice on a regular basis. If we make any important changes to this Tella Privacy Notice (e.g. with regard to the personal data we collect, how we use it or why we use it), we will notify you. If you identify as a California resident we are able to address your privacy rights under the California Consumer Privacy Act (CCPA). Please see paragraph 12. 

1. Who is the data controller?

Except if indicated otherwise in this Tella Privacy Notice, Tella HQ Inc. is the controller of the personal data processed by your use of our Services. Our contact details are privacy@tella.tv or Tella HQ Inc. 2261 Market Street #4122, San Francisco CA, 94114 or Schollenbrugstraat 28-1 1091 GB Amsterdam, The Netherlands.

If your use of our Services is related to a business user account, the company and/or legal entity to which this business account is linked is the controller of the personal data processed by your use of the Services (Third Party Controller). In this case, where relevant under applicable laws, Tella acts as processor for the Services provided to you. In such case, we process your personal data only on request of the Third Party Controller and in accordance with the Third Party Controller’s written instructions. On request or if needed, we will inform you about the contact details of the Third Party Controller and we will forward any questions you may have in respect of the processing of your personal data to that Third Party Controller. The relevant privacy notice of the Third Party Controller may contain further relevant information about the manner in which your personal data is processed, including the use of your personal data, the legal basis of the processing, retention period of your personal data and your rights.

2. How do we obtain your personal data?

Your personal data is (i) provided by you; (ii) obtained from third parties; and/or (ii) created by us in the course of your use of our Services.

3. The types of personal data we collect, and where we act as controller, our purposes and the applicable legal basis for our data processing

Via our Services, we collect, store, and use the personal data as set out in the “data” sections below.

Further, where we act as the controller of your personal data, you will find per type of personal data, the purpose for the processing and the legal basis relied upon by us. Where we act as processor of your personal data, we process your personal data in accordance with the Third Party Controller’s written instructions and the Third Party Controller’s privacy notice and practices apply.

3.1. Account personal data and subscription data

Data:

  • Account personal data, such as your first and last name, password, photo (used as avatar), and email address. In addition, if you sign up with a Google account, your Google account information such as your user access token.
  • Account subscription type, current and past subscription types, including start and end dates’ thereof.

Purpose:

  • Keeping and maintaining an accurate and adequate account administration.

Legal basis:

  • Necessary for the performance of our contract with you, as well as for the purpose of our legitimate interests to maintain an adequate account administration.

3.2. Account personal data

Data:

  • Account personal data as mentioned above.

Purpose:

  • Maintaining and ensuring a secured online environment on our websites.

Legal basis:

  • Necessary for the purpose of our legitimate interests to keep our website, and your data secure.

3.3. Support data

Data:

  • Support data, such as your contact details, browser type and information regarding your use of the Services, your operating system.

Purpose:

  • Providing support

Legal basis:

  • Necessary for the purpose of our legitimate interests to provide support to ensure our website works correctly.

3.4. Website analytics data

Data:

  • Website (analytics) data, such as your click behaviour, user behaviour, browser type, language preferences, time zone, IP-address, referral source and usage of the Services.

Purpose:

  • Creating analytical reports for improvement of our Services.

Legal basis:

  • Necessary for the purpose of our legitimate interests to maintain and improve the Services.

3.5. Website analytics data

Data:

  • Website (analytics) data, such as your click behaviour, user behaviour, browser type, language preferences, time zone, IP-address, referral source and usage of the Services.

Purpose:

  • Profiling for our research, development and improvement of our Services.

Legal basis:

  • Necessary for the purpose of our legitimate interests to develop and improve the Services.

3.6. Account subscription type

Data:

  • Account subscription type, email address, current and past subscription types including start and end dates’ thereof.

Purpose:

  • Keeping and maintaining an accurate and adequate account subscription and sales administration.

Legal basis:

  • Necessary for the performance of our contract with you, as well as to meet our legitimate interests to maintain an adequate business administration.

3.7. Video sharing data

Data:

  • Video sharing data, such as recipients’ email addresses.

Purpose:

  • To facilitate that users are able to send the video link via the Services.

Legal basis:

  • Necessary for the purpose of our legitimate interests to provide our Services (i.e. to share the video with the relevant recipients).

3.8. Contact data

Data:

  • Contact data, such as your name and last name and email address.

Purpose:

  • Sending and analysing direct marketing communications, including newsletters, surveys, new website features and events.

Legal basis:

  • Consent

3.9. Video recording data

Data:

  • Video recording data, such as your facial image, voice and other personal data that you choose to include in your recordings.

Purpose:

  • To provide our Services to you (i.e. to facilitate you with our video recording service); and to provide your video recording data to recipients.

Legal basis:

  • (Explicit) Consent. You are prohibited to upload video recording data of other individuals without their explicit consent.

4. Video recordings and special category personal data 

Video recording data may qualify as special category personal data. With regard to Tella’s processing of video recording data related to a business account, Tella acts as processor and the company related to that business user account acts as the Third Party Controller for this processing activity. With regard to video recording data related to individual / consumer accounts, Tella acts as controller. We use your explicit consent as legal basis and as the exception (article 9 GDPR) to process your video recording data. We have put in place appropriate safeguards to ensure a secure online environment for the storage and creation of your video recordings. Tella does not access or otherwise use the video recordings. 

5. Profiling

We collect and use information about your use of our software for profiling purposes. This means that we gather this information and evaluate your characteristics and/or behaviour pattern. Based on this information we analyse and make predictions about your interests and behaviour, but this does not have any legal effects for you or similarly affects you. We use our analysis and predictions for research and development, namely to improve our Tella Services for you. 

6. With whom do we share your personal data?

To the extent applicable, we will disclose or share your personal data to / with the following third parties:

Our group company(ies), such as Tella B.V.

  • Location: The Netherlands
  • Purpose: To develop the Services, create analytical reports and to provide support services

Google Inc. (Google Analytics)

  • Location: United States
  • Purpose: To create analytical reports

Amplitude (external service provider for analytics)

  • Location: United States
  • Purpose: To create analytical reports of our website and services

Segment (external service provider for analytics)

  • Location: United States
  • Purpose: To create analytical reports of our website and services

Auth0 (external authorization provider)

  • Location: United States
  • Purpose: To authenticate users of our Services

Stripe (external billing service provider)

  • Location: United States
  • Purpose: To create and manage invoices and (recurring) payments

Vero (external communications provider)

  • Location: Australia
  • Purpose: To create and send (direct marketing) communications 

Intercom (external support services provider)

  • Location: United States
  • Purpose: To provide support services to our users

Rollbar Inc. (external error monitoring service)

  • Location: United States
  • Purpose: To monitor and track users for the identification and the solving of errors in our application

Where we act as a processor for a Third Party Controller (in case of business user accounts), this Third Party Controller has access to your personal data. Data may be transferred to the location where the relevant Third Party Controller is based. Please refer to the Third Party Controller’s privacy notice for further information on how it handles your personal data. 

Further, we may disclose or share your personal data if:

  • We sell our company or part thereof (including separate assets), or if we merge with another company. In such event, we may share your personal data with the new owner or merging party respectively, but only to the extent necessary for the purpose for which your personal data are processed; 
  • We are subject to insolvency proceedings, as part of the sale of our assets by a liquidator (or similar); or
  • We are legally obliged to do so. In such event we shall share your personal data with the relevant supervisory authority, investigative authority, courts, or other governmental body.

7. Third Party Sites

Third Party sites Our platform may contain links to websites operated by third parties (e.g. Twitter). This Tella Privacy Notice does not apply to these third-party websites or services. If you follow a link to any of these websites, please note that these websites have their own privacy policies and terms and conditions, and that we do not accept any responsibility or liability for their handling of your personal data.

8. How long do we retain your personal data?

We do not process your personal data any longer than necessary for the processing purpose. Where we act as a processor, the Third Party Controller determines the retention period.

If you have a subscription, we keep your personal data for as long as you have an account. 

If you have a free-of-charge subscription and your account has been inactive for a period of two years, counting from your last login to the Services, Tella may delete your account or ask you whether you intend to keep your account. If you express that you do not wish to keep your account or if you do not respond to this notification, we will delete your account including all personal data. 

If you have a paid subscription and you do not timely paid for your monthly subscription fees, we may downgrade your account to a free-of-charge subscription in which case the previous paragraph will apply.

If you, we, or, in case your account is a business user account, the relevant Third Party Controller, cancel(s) your account, we will delete your account including all personal data from our servers. 

You can deactivate your account by sending an email to hello@tella.tv. Your entire account including all your personal data will then be deleted from our server. In case you have a business user account, you should send an email to or otherwise contact the relevant Third Party Controller to request deactivation or deletion of your account if you are not the contact person or administrator of such account.

If personal data is subject to a statutory retention period, we will retain that personal data for the period specified by the law. 

Notwithstanding the above, we may retain your personal data for the establishment, exercise or defence of legal claims. Likewise, we may retain your personal data to make it available to the supervisory authority, investigative authority, courts, or other governmental body for the period specified by the law. 

9. Where do we store your personal data?

Tella stores your personal data in on servers located the United States of America, which can be made accessible for Tella’s group company(ies). Our processors may store your personal data in other locations. Please see the table above under paragraph 6.

If we share your personal data in accordance with this Tella Privacy Notice within group, or with a third party located outside the European Economic Area, we ensure where required that appropriate safeguards are in place to guarantee the continued protection of your personal data, particularly by signing the Standard Contractual Clauses adopted by the European Commission (article 46(2)(c) GDPR). For more information on these Standard Contractual Clauses, please see here. 

10. What are your rights?

Where we are the controller of your personal data, these are your rights. 

You have the right to access your personal data, the right to have your personal data rectified or erased, the right to restriction of the processing, the right to data portability and the right to object to the processing. Most of these rights are not absolute and are subject to exemptions in the law. 

Below we set out your rights in more detail and give information on how you can exercise these. We will respond to your exercise of right request within one month but have the right to extend this period to two months. If we extend the response period, we will let you know within one month from your request. If your request is clearly unfounded or excessive, we reserve the right to charge a reasonable fee or refuse to comply in such circumstances.

  • Access: you are entitled to ask us if we are processing your personal data and, if we are, you can request access to your personal data. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. 
  • Correction: you are entitled to request that any incomplete or inaccurate personal data we hold about you is corrected.
  • Erasure: you are entitled to ask us to delete or remove personal data in certain circumstances. There are certain exceptions where we may refuse a request for erasure, for example, where the personal data is required for compliance with law or in connection with legal claims.
  • Restriction: you are entitled to ask us to suspend the processing of certain of your personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Data portability: you may request the transfer of a copy of certain of your personal data to you or another party (if technically feasible). You have the right to ask that we provide your personal data in an easily readable format to another company.
  • Objection: where we are processing your personal data based on our legitimate interest, you may object to processing on this ground. However, applicable laws may allow us to continue processing your personal data based on our legitimate interests.

Where you have provided your consent to the processing of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. The withdrawal of your consent does not affect the lawfulness of the processing based on your consent before its withdrawal. 

If you want to exercise any of these rights, or withdraw your consent, please contact us at privacy@tella.tv.

Where we are the processor of your personal data, we refer to the applicable privacy notice of the relevant Third Party Controller for more information on your rights. Please contact the Third Party Controller if you want to exercise your rights or withdraw your consent. In case you contact us, we will forward your request to the Third Party Controller.

11. How can you lodge a complaint with a supervisory authority?

If you have a complaint about the way we process your personal data (as controller), you may lodge a complaint with the Dutch Supervisory Authority (de Autoriteit Persoonsgegevens) by telephone (tel. +31 88 1805 250) or on their website.

You may also lodge a complaint with a supervisory authority in the country where you live, where you work or where an alleged infringement of the applicable data protection law took place. A list of EU supervisory authorities and their contact details is available here.

12. California Residents

If you identify as a California resident, we are able to address your privacy rights under the CCPA.

All phrases used under this heading have the same meaning as those phrases defined under the CCPA.

Notice at collection

To learn more about the categories of personal information we have collected about California residents in the 12 months preceding the date this Tella Privacy Notice was last updated, including the sources of collection and how we may use and share that information, please see paragraph 1-5 above. 

Notice of disclosure for a business purpose

To learn more about the categories of personal information we have disclosed for a business purpose about California residents in the past 12 months, please see paragraph 3-4 above.  

Notice of sale

We do not sell the personal information of California residents. We also do not have any actual knowledge of selling the personal information of any California resident who is 16 years or younger.

Rights

California residents have certain rights under the CCPA, including the right to access, delete, and to non-discrimination.

  • Right to know: you have the right to request from us, up to twice a year, a disclosure of: (i) the categories of personal we collected about and from you in the 12 months preceding the date of your request; (ii) the categories of sources from which we have collected that personal information; (iii) the business or commercial purpose for collecting or sharing that personal information; (iv) the categories of third parties with whom we have shared that personal information; and (v) the specific pieces of personal information collected during that time frame.
  • Right to delete: you have a right to request that we delete your personal information, subject to certain exceptions such as to complete the transaction for which the information was collected, detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, identify and repair errors, to comply with a legal obligation, and for other recognized legal reasons.
  • Process to submit a request: you have the right to submit a request to know or delete your personal information. You may e-mail us at privacy@tella.tv. You may also designate an authorized agent to submit a request on your behalf. We will confirm receipt of, and respond to your requests as soon as possible, and in conformance with all applicable law.
  • Verification method: In order to ensure that changes are not made to your personal information without your authorization, and to protect against your personal information being disclosed to unauthorized parties, we will seek to verify your identity before responding to your request by using a reasonable method based on the type, sensitivity, and value of the personal information requested, including but not limited to matching the identifying information provided in your request with the information we have on file about you. Depending on the sensitivity of the personal information requested, we may also utilize more stringent verification methods to verify your identity, including but not limited to requesting additional information from you and/or requiring you to sign a declaration under penalty of perjury.
  • Right to anti-discrimination: we will not discriminate against you for exercising your rights set forth under this paragraph.
  • Minors’ right to erasure: if you are a California resident under 18 years of age, you have the right to request and obtain removal of content or information you posted on the Services and in Tella’s social media environment where that qualifies as personal information. To submit such a request, please send an e-mail to privacy@tella.tv. Removal does not ensure complete or comprehensive removal of the content or information you posted.

Do Not Track

Our Services may, from time to time, collect information about your online activities, over time and across different sites and applications. When you use our Services, third parties may also collect information about your online activities, over time and across different websites, online or cloud computing services, online applications, or mobile applications. Some browsers support a “Do Not Track” feature, which is intended to be a signal to websites that you do not wish to be tracked across different websites you visit. Our Services currently do not change the way they operate based upon a “Do Not Track” or similar signal.

Shine the Light

You may submit a request regarding the disclosure of your personal information by us to third parties for the third parties’ direct marketing purposes. To submit such a request, please send an e-mail to privacy@tella.tv.

Last updated: Thursday March 17th, 2022