ES3 Privacy Policy

Effective Date: December 21, 2018

Last Updated: June 25, 2024 

Introduction.
This Privacy Policy explains our practices, including your choices, regarding the collection, use, and disclosure of certain information, including your personal information, by the Electronic Systems Software Solutions Inc. (d.b.a. ES3), (collectively, “ES3” “we,” or “us”), its subsidiaries, affiliates and assigns.

This Privacy Policy explains the collection, use, and sharing of information from or about you in connection with your use of the ES3 Services. The term “ES3 Services” refers to our interactive and video services, including the selection of free ad-supported television channels, dynamic channels, videos, shows, clips, movies, games, music and other interactive content we offer (collectively, the “Content”) and our players or applications for viewing the Content (collectively, the “Video apps”), as well as any other products, features, tools, materials, or other services offered from time to time by ES3 through a variety of Access Points. The term “Access Points” refers to, collectively, the ES3 website and any other ES3 owned services websites, the website where you signed up for the ES3 Services (collectively, the “ES3 Sites”), mobile devices, connected TV devices, and set-top boxes and associated applications, and any other places through which the ES3 Services may be accessed, including websites and applications or devices of ES3’s third-party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed the Video apps.

By viewing any Content or otherwise using the ES3 Services, whether you are a subscriber, other registered user (i.e. through your Pay-TV provider), or a visitor who has not subscribed to or registered for the ES3 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 ES3 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 ES3 Sites on your computer.

Information We Collect.
ES3 may collect the following information from or about you:

Information You Provide To Us. We collect information you provide to us. For instance, when you register to use the ES3 Services, we may collect your name, email address, birth date, gender, in certain instances credit card information, billing address, ZIP/Postal code, and other information. In addition, ES3 may collect information you provide to us when you respond to surveys, set your preferences, contact ES3 through customer service or by other means, or participate in promotions that ES3 may offer from time to time. ES3 also allows multiple profiles to be set up under one account or ES3 apps, so we may collect information you provide to us if you create a profile.

Usage and Log Data. We collect information when you use the ES3 Services, your interactions with us and our advertising. Examples of this information may include your IP address, device type, device ID, browser and software characteristics (such as type and operating system), location (which may include precise location data), activity on the ES3 Services including information about the Content you view on ES3 Services, page views, 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 or distributor information (e.g. Pay-TV operator). We may create a unique device or user ID for you and store it in a cookie, in local storage or in a server database so we can customize your experience based on your preferences and track various usage.

Data Collected Through Cookies and Similar Technologies.  We may use various technologies to collect usage data and store preferences. These technologies are discussed below.

Cookies.  Cookies are small data files that are transferred to your computer’s hard disk or your device’s memory. We may use both session cookies and persistent cookies to better understand how you interact with the ES3 Services or ES3 advertising, to monitor aggregate usage by our users and web traffic routing on the ES3 Services, and to customize Content and advertising. These uses allow us to improve the ES3 Services.

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. Please note that disabling cookies or deleting information contained in cookies may interfere with the performance and features of the ES3 Services, including the Video apps. For example, we may not be able to store your preferences or customize the Content and advertising to your viewing habits.

Web Beacons (also known as clear gifs or pixel tags). 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 or device, and the URL of the web page or appslication from which the Content was viewed. Because web beacons often work in conjunction with cookies, in many cases, declining cookies will impair the effectiveness of web beacons associated with those cookies.

Other Technologies and Local Storage. We use other technologies that are similar to cookies, such as browser storage, local device storage and plugins (e.g., HTML5, IndexedDB, and WebSQL). Because these technologies are similar to browser cookies, they are sometimes called “browser cookies or cookies,” even though they may be stored in different parts of your computer, set-top box, or connected TV device. Like cookies, some of these technologies may store small amounts of data on your device. We may use these and various other technologies for similar purposes as cookies, such as to enforce our terms, prevent fraud, analyze the use of our service, and manage your ES3 apps profiles.

Please note that in some cases the technology or device (e.g. set-top boxes, connected TV devices) that you use to interact with the ES3 Services many not allow you to change the cookie or other technology settings.

Software Development Kits (“SDKs”). We may use our own software or work with third parties including our business partners and service providers who use SDKs to collect information, such as advertising identifiers (e.g., “ad-ID” or “IDFA”) and information related to how devices interact with the ES3 Services. An SDK is computer code that appslication developers can include in their appss to enable ads to be shown, data to be collected and related services and functionality to be implemented. An SDK is in effect the apps version of a pixel tag or beacon and may sometimes be called or referred to as a “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 devices in which you interact with ES3 Services.

Account and Profile Data from Third-Party Services. If you choose to log-in, access or otherwise connect to the ES3 Services, or contact ES3, through a third-party service (such as your Pay-TV operator, Facebook), we may, for example, collect your user ID and user name associated with that service, as well as any information you make public using that service. We may also collect information you have authorized the third-party service to share with us (such as your user ID, billing information, public profile information, email address, birthday, friends list, pages you have “liked” and other account and profile data).

Third-Party Data. We may collect information about you from other sources, such as data aggregators, public databases, payment service providers and our business and other service provider partners. We protect this information according to the practices described in this Privacy Policy, plus any additional restrictions imposed by the source of the data. Examples of third-party information may include (whether identified, de-identified or anonymous, and whether collected online or offline):

service providers that help us determine a location based on your IP address in order to customize our service and for other uses consistent with this Privacy Policy;
select partners that make our service available on their device or with which we offer co-branded services or engage in joint marketing activities;
payment service providers who provide us with updated payment method information and updated personal information (e.g. name, address, email) based on their relationship with you;
online and offline data providers, from which we obtain demographic, interest based and online advertising related data;
publicly-available sources such as open government databases.
The use of cookies and similar technologies in connection with advertising on the ES3 Services is explained further below in Section 5 Advertising. To learn about opting out of interest-based or online behavioral advertising, please see the information we have provided in Section 6 (“Your Choices, Including Opt-Out Options”).

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.

Use of Information We Collect.

Use in General. We use the information we collect from or about you in order to help deliver the best possible user experience. Our use of this information may include the following:

providing the ES3 Services;
contacting you, including for promotional purposes;
customizing the Content and advertising you view and evaluating how well the Content and advertising perform;
identifying and/or customizing Content you might like;
customizing recommendations;
conducting research;
compiling aggregate data for internal and external business purposes;
preventing potentially illegal or harmful activities, including fraud;
protecting you and our rights;
other uses in accordance with our Terms of Use; and
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.
Use of Payment Information. We may use payment information, such as credit card numbers and billing ZIP/Postal code, to help provide the ES3 Services. For example, we may use payment information to process your payments (Note, we use a third-party sales agent and 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 ES3 Services.

Use of Location Data. In order to access certain ES3 Services from your mobile 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 ES3 Services, this also enables us to serve you Content related to your local area, depending on your subscription. 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 6 (“Your Choices, Including Opt-Out Options”).

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 ES3 Services, advertising (e.g., improving our targeting efforts), and promotional purposes.

Sharing Information with Third Parties.
We may share information collected from or about you with third parties as explained further below, including business partners, social networking services, service providers, advertisers, and other companies that are not affiliated with ES3.

Business Partners. We work with a number of business partners who help us offer the ES3 Services, including, for example, our content providers, Pay-TV and other distributors, and other business partners.
Social Networking Services. When you choose to share information with social networking services about your activities on the ES3 Services, including channels and shows you watch or like, information about you and your activities will be shared with that social network.

Service Providers.
We may share the information collected from or about you with companies that provide services to us and our business partners, including companies that assist with ES3 Services subscriptions, payment processing, analytics, data processing and management (e.g., to facilitate our targeted advertising and marketing efforts), account management, hosting, customer and technical support, marketing (e.g., email, online or direct mail communications) and other services.

Your Browsers and Devices. We may work with service providers who use information collected from or about you to help us identify the browsers and devices you use for various purposes, including for targeted advertising, analytics, attribution, and measurement purposes. For example, these service providers (along with ES3) may use your activity on one browser or device to serve you with more tailored advertising on another browser or device. In connection with your use of browsers and devices, please note that certain opt out choices you have as described in Section 6 (“Your Choices, Including Opt-Out Options”) appsly only to the specific browser or device from which you are able opt out.

Advertisers and Advertising-Related Service Providers. We may share the information collected from or about you in encrypted, aggregated, or de-identified forms with advertisers and service providers that perform advertising-related services for us and our business partners in order to tailor advertisements, measure and improve advertising effectiveness, and enable other enhancements. This information includes your use of the ES3 Services, access to Content, websites you visited, advertisements you viewed, and your other activities online.

Third Parties When Required by Law or When Necessary to Protect Your or Our Rights. In some instances, we may disclose information from or about you without providing you a choice. For example, we may disclose your information in the following ways: to protect the legal rights of ES3 and our affiliates or partners, and each of our respective equity holders, directors, officers, employees, agents, and business partners; to protect the safety and security of users of the ES3 Services or third parties; to enforce our Terms of Use; to protect against fraud; for risk management purposes; and to comply with or respond to the law or legal process or a request for cooperation by a government entity, whether or not legally required. If you notify us that you believe your legal rights have been violated by ES3 or another user of the ES3 Services, we may provide the information that you provide to us to others to the extent that we believe it is necessary to evaluate and respond to your complaint.
Business Transfers. If we sell all or part of our business, make a transfer of assets, or otherwise might be involved in a change of control transaction, or in the event of bankruptcy, we may transfer information, including personal information, provided that the receiving party agrees to respect your personal information in a manner that is consistent with our Privacy Policy.

Parties with Your Consent or When You Otherwise Choose to Share. In addition to the sharing described in this Privacy Policy, we may share any information from or about you, including information about the Content you view on ES3 Services, with any party when we have your consent or when you otherwise choose to share such information. Also, certain functions within the ES3 Services may give you the option to share information about your activities on the ES3 Services, for example, by email, text message, social networking, or other sharing function.

Advertising.
We advertise ES3 both on the ES3 Services as well as on other platforms and services. We also display advertisements from other companies in ES3 Content and on the ES3 Services, sometimes enabling users to interact with the advertisements or click through to websites, movies, video-on-demand storefronts or other properties owned or operated by ES3 or other companies. This section provides additional information about the collection and use of information from or about you in connection with such advertising.

Use of Cookies and Similar Technology in Third-Party Advertising. Advertisers, advertising technology companies, and service providers that perform advertising-related services for ES3 and our business partners may use cookies and similar technologies (including for example those described in Section 2 (“Information We Collect”)) to collect information from or about you through the ES3 Services in order to tailor advertisements, measure advertising effectiveness, and enable other enhancements. This information may relate to your use of the ES3 Services, websites you visited, advertisements you viewed, and your other activities online. Advertising that is based on information collected from or about you across websites, ES3 appss, other applications and platforms over time is known as interest-based or online behavioral advertising.
Viewing Ads. When you view an advertisement, whether or not you click on it, or when you interact with an advertisement, the advertiser, advertising technology companies, and service providers that perform advertising-related services for us and our business partners may collect some information from or about you. The information practices of these third parties are governed by their own privacy policies and are not governed by this Privacy Policy. Please be aware that ES3 does not notify you when you have chosen to click through to another website or property when using the ES3 Services. We recommend that you familiarize yourself with the privacy policies of such websites or properties to determine how they use or share any information they separately collect from you.

To learn about opting out of interest-based or online behavioral advertising, please see the information we have provided in Section 6 (“Your Choices, Including Opt-Out Options”).

Your Choices, Including Opt-Out Options.
You have choices and controls over how your data is collected, used, and shared when you use the ES3 Services.

Collection of Information. You can stop the collection of information through the ES3 Services by uninstalling the ES3 apps on devices in which you have installed a ES3 apps, by unsubscribing to the ES3 Services, by not using the ES3 Services and/or by deleting your ES3 account.

Email and Text Messages. If you no longer want to receive certain communications from us via email or text message, you may opt out of receiving promotional communications from ES3 by clicking the “unsubscribe” link in a particular promotional communication. Please note that you cannot opt out from receiving all communications from ES3, including administrative messages, service announcements, and messages regarding the terms and conditions of your account because those may contain important information.

Push Notifications. You may have the option to receive mobile push notifications from ES3. If you subscribe to push notifications and subsequently decide you no longer wish to receive these notifications, you can use your mobile device’s settings functionality to turn them off.
Interest-Based Ads. Interest-based ads are ads that are tailored to your likely interests based on your use of various appss and websites across the Internet. If you are using a browser, then cookies and web beacons can be used to collect information to help determine your likely interests. If you are using a mobile device, tablet, or streaming media device that includes an advertising identifier, then that identifier can be used to help determine your likely interests.

To opt out of interest-based ads from ES3 in connection with an advertising identifier on a mobile device, tablet, or streaming media devices, please configure the appsropriate setting on your device (usually found under “privacy” or “ads” in your device’s settings). You may still see ES3 ads on your device, but they will not be tailored to your likely interests.

ES3 supports the following self-regulatory programs, which provide additional privacy choices for interest-based advertising:
In the US: Digital Advertising Alliance (DAA) and Network Advertising Initiative (NAI)
In Europe: European Interactive Digital Advertising Alliance (EDAA)

In Canada: Ad Choices: Digital Advertising Alliance of Canada (DAAC) / Choix de Pub: l’Alliance de la publicité numérique du Canada (DAAC)
Do Not Track. There is currently no consensus among industry participants as to what “Do Not Track” means and how to respond to “Do Not Track” browser signals. As such, we do not respond to such signals

Additional Choices for California Residents: Your California Privacy Rights. California Civil Code Section 1798.83 entitles California customers to request information concerning whether a business has disclosed personal information to any third parties for their direct marketing purposes. As stated in this Privacy Policy, by using the ES3 Services you agree to the sharing of your information with other companies to use for their own marketing purposes. If you don’t want us to share your information collected with third parties, you can stop the collection of information through the ES3 Services by uninstalling the ES3 apps on devices in which you have installed a ES3 apps, by unsubscribing to the ES3 Services, by not using the ES3 Services and/or by deleting your ES3 account.California customers who want to request further information about our compliance with these requirements or would like to request a copy of information regarding our disclosure to third parties for their direct marketing purposes in the preceding calendar year or have questions or concerns about our privacy practices and policies may contact us at the contact information listed below.

Security and Account Access.
We use reasonable administrative, logical, physical and managerial measures to safeguard your personal information against loss, theft and unauthorized access, use and modification. These measures are designed to provide a level of security appropriate to the risks of processing your personal information. Unfortunately, no measures can be guaranteed to provide 100% security. Accordingly, we cannot guarantee the security of your personal information.
Please note that if you allow others to use your account or ES3 apps (including others you permit to set up profiles under your account or Zone·ify apps, etc…), they may be able to view information about your account or any of the profiles, including information about the videos you view and your email address.

Children.
You must be 18 years of age or older to subscribe to the ES3 Services. In certain jurisdictions, the age of majority may be older than 18, in which case, you must satisfy that age in order to become an ES3 subscriber. While individuals under the age of 18 may utilize the service, they may do so only with the involvement, supervision, and approval of a parent or legal guardian. We do not knowingly collect personally identifying information from anyone under the age of 13.

Third-Party Access Points, Devices, and Links.
The ES3 Services may be provided through third-party websites, applications, connected TV devices, set-top boxes and other means of access operated by other companies (collectively, “Third-Party Access Points”). For example, you can access the ES3 Services through websites or TV guides of our distributors. In addition, you may launch a Third-Party Access Point using various devices such as mobile devices, connected TV devices or Pay-TV operator set-top boxes. The ES3 Services also may contain links to third-party websites or applications. None of these Third-Party Access Points, devices, websites or applications are operated by us, even if they contain our name or logo, and we are not responsible for the privacy practices of their operators. Accordingly, we recommend that you review their privacy policies.

Deleting Your ES3 Account.
We may use third parties to administer your account and payment information. Please review and consult any additional Terms of Use where you signed up for the ES3 Services.
applicable Law.
ES3 is headquartered in Canada and the ES3 Services are intended for users in certain countries/jurisdictions. By viewing any Content or otherwise using the ES3 Services, you consent to the transfer of your information to the U.S. and/or Canada to the extent applicable, and the collection, storage, and processing of information under U.S. and/or Canadian laws as may be applicable.

Changes to this Privacy Policy.
We will update this Privacy Statement from time to time in response to changing legal, regulatory or operational requirements. Therefore, it is important to check the effective date posted at the top of the Privacy Policy each time you visit the ES3 Sites or use any of the ES3 Services to ensure you are familiar with our most updated policies and practices. We will provide notice of any such changes (including when they will take effect) in accordance with law. Your continued use of the ES3 Services after any such updates take effect will constitute acknowledgement and (as applicable) acceptance of those changes. If you do not wish to acknowledge or accept any updates to this Privacy Statement, you may cancel your use of the ES3 Services. To see when this Privacy Statement was last updated, please see “Last Updated” above at the top of this document.

Questions/Contacting Us.
If you have any questions about this policy, please send an email to privacy@localhost, or send a letter to:

Electronic Systems Software Solutions Inc (ES3™)
Attn: Legal Department
1795 Ironstone Manor, Unit #4
Pickering, Ontario, Canada L1W 3W9

We may reject requests that are unreasonable or not required by law, including those that would be extremely impractical, could require disproportionate technical effort, or could expose us to operational risks.
Thank you for taking the time to read this Privacy Policy. We hope you enjoy the ES3 Services!