XVII. NOTICE TO INDIVIDUALS IN THE EUROPEAN ECONOMIC AREA. THE UK AND SWITZERLAND
This supplemental notice applies only to individuals coming to our Services from within the European
Union (EU), the European Economic Area (EEA), Switzerland and the United Kingdom (UK), and only if
we collect through the Services any information from you that is considered “Personal Data,” as
defined in the GDPR and the UK Data Protection Act 2018 as amended by the UK GDPR law of 1/2021.
Specifically, it describes (A) the contact details for Synacor’s EU Representative; (B) data
protection rights afforded by the GDPR and UK GDPR; (C) Synacor’s bases for processing Personal
Data (as defined by the GDPR and UK GDPR and further set forth below); (D) obtaining consent to
transfer data; (E) Synacor’s data retention policies; and (F)
exercising your rights.
Personal Data includes any information relating to an identified or identifiable natural person, who
could be identified either directly or indirectly by reference to an identifier such as a name, an
identification number, location data, an online identifier, or to one or more factors specific to
the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural
person (which may include some or all your Information as defined in this Privacy Policy).
“Sensitive Information” means all Personal Data of an individual concerning the (i) health data, (ii)
racial or ethnic origin, (iii) political opinions, (iv) religious or philosophical beliefs, (v)
union membership, (vi) genetic data, (vii) biometric data or (viii) the sex life or sexual
orientation of such individual. Synacor does not collect Sensitive Information.
A. Identity and Contact Details of Controller and EU Representative
Unless otherwise stated, we are the Data Controller for the Personal Data we process.
Contact Details:
Email: [email protected]
Call us: 1-877-492-9484
Write us:
Synacor, Inc
Attn: Legal
485 Sunset Blvd., Office #114
Hamburg, NY 14075
EU GDPR Representative
If you are in the European Union you can contact our EU GDPR Representative (Art. 27
GDPR) on all issues related to processing.
Rickert Rechtsanwaltsgesellschaft mbH – EU Representative SYNACOR -, Colmantstraße 15,
53115 Bonn, Germany,
[email protected],
+49 228 74 89 80.
B. Your Data Protection Rights
To the extent the GDPR and UK Data Protection Act 2018 apply, and we hold your Personal Data in our
capacity as a Data Controller as defined under those laws, you may request that we:
- Restrict the way that we process and share your Personal Data;
- Transfer your Personal Data to a third party;
- Provide you with access to your Personal Data;
- Remove your Personal Data if no longer necessary for the purposes collected;
- Update your Personal Data so it is correct and not out of date; and/or
- Object to our processing of your Personal Data.
You may also revoke your consent for processing of your Personal Data. Specifically, may choose (opt
out) whether your Personal Data is (i) disclosed to a third party or (ii) used for a purpose that is
materially different from the purpose(s) for which it was originally collected. In addition, any
provision of this policy to the contrary notwithstanding, in the unlikely event that Synacor
collects any Sensitive Information, your explicit consent will be obtained before such Sensitive
Information is (a) disclosed to a third party or (b) used for a purpose other than the purposes for
which such Sensitive Information was originally collected. If you wish to object to the use and
processing of your Personal Data or Sensitive Information, or to withdraw consent to this Privacy
Policy, you can contact us in the following ways:
Email: [email protected]
Call us: 1-877-492-9484
Write us:
Synacor, Inc
Attn: Legal
485 Sunset Blvd., Office #114
Hamburg, NY 14075
The requests above will be considered and responded to in the time-period stated by applicable law.
Note, certain Personal Data may be exempt from such requests. We may require additional Personal
Data from you to confirm your identity in responding to such requests.
You have the right to lodge a complaint with the supervisory authorities applicable to you and your
situation, although we invite you to contact us with any concern as we would be happy to try and
resolve it directly. Please contact us at:
Email: [email protected]
Call us: 1-877-492-9484
Write us:
Synacor, Inc
Attn: Legal
485 Sunset Blvd., Office #114
Hamburg, NY 14075
C. Lawful Basis for Processing Your Information
The lawful basis for our processing of your Personal Data will depend on the purposes of the
processing. For most Personal Data processing activities covered by this Privacy Policy, the lawful
basis is that the processing is necessary for our legitimate business interests. Where we process
Personal Data in relation to a contract, or a potential contract, with you, the lawful basis is that
the processing is necessary for the performance of our contract with you or to take steps at your
request prior to entering into a contract. If we are required to share Personal Data with law
enforcement agencies or other governmental bodies, we do so on the basis that we are under a legal
obligation to do so. We will also use consent as the legal basis where we deem appropriate or to the
extent required by applicable law, for example, before we collect precise location data from your
mobile device.
Depending on what Personal Data we collect from you and how we collect it, we may also rely on
various grounds for processing your Personal Data, including the following reasons:
Processing on the basis of legitimate business interests.When we process
Personal Data on the basis that the processing is necessary for our legitimate business
interests, such interests include: (i) providing, improving, and promoting our Services; (ii)
communicating with current and potential customers, other business partners, and their
individual points of contact; (iii) managing our relationships with our customers and other
business partners, and their individual points of contact; (iv) other business development
purposes; (v) sharing information within Synacor, as well as with service providers and other
third parties; and (vi) maintaining the safety and security of our products, Services, and
employees, including fraud protection.
If the processing of your Information is based on your consent, the GDPR and Data Protection Act 2018
as amended by the UK GDPR law of 1/2021 also allow users the right to access, revoke, or modify your
consent at any time. Please see the Contact Us section, below, to review or modify your
consents.
D. Consent to Transfer
We are operated in the United States, and we may use service providers based in the United States to operate our business and our relationship with you. Please be aware that Information, including your Personal Data, that we collect will be transferred to, stored, and processed in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen. We maintain measures to address the transfer of your Personal Data between our group companies and between us and our third-party providers in accordance with applicable data protection laws and regulations.
E. Retention
We will retain your Personal Data for as long as needed for the purposes described in this Privacy
Policy. More specifically, the time we maintain your Information depends on the following
factors:
-
Whether we need the Information to provide the Services. We will maintain
any data needed to provide you with the Services, such as contact information and payment or
transaction information, for as long as needed for us to provide you with the Services,
respond to your questions and requests, and/or administer your account (if applicable).
-
Whether we need the Information to comply with our legal obligations. We may
have legal obligations to maintain your Personal Data where a legal or regulatory body may
ask for it in the future, for example in response to a data subject request or complaint.
This information may include contact information and location information.
-
Whether we need the Information for a legitimate business interest.We may
store Personal Data like contact information, cookies, and location information in order to
perform analytics, troubleshoot errors, or improve our Services. In any event, we delete the
Information when it is no longer needed for our legitimate interest.
Regardless of our reason for retaining your information, we delete all Personal Data in accordance
with our routine record keeping policies.
F. Exercising Your Rights
To exercise any of the rights described above, please submit a verifiable consumer request to us via
the methods described below. The verifiable consumer request must:
-
Provide sufficient information that allows us to reasonably verify you are the person about
whom we collected Personal Information, or an authorized representative; and
-
Describe your request with sufficient detail that allows us to properly understand, evaluate,
and respond to it.
To help protect your privacy and maintain security, if you request access to or deletion of your
Personal Information, we will take steps and may require you to provide certain information to
verify your identity before granting you access to your Personal Information or complying with your
request. In addition, if you ask us to provide you with specific pieces of Personal Information, we
may require you to sign a declaration under penalty of perjury that you are the consumer whose
Personal Information is the subject of the request. Only you or your authorized agent may make a
verifiable consumer request related to your Personal Information. If you designate an authorized
agent to make a request on your behalf, we may require you to provide the authorized agent written
permission to do so and to verify your own identity directly with us (as described above). You may
also make a verifiable consumer request on behalf of your minor child.
Email: [email protected]
Call us: 1-877-492-9484
Write us:
Synacor, Inc
Attn: Legal
485 Sunset Blvd., Office #114
Hamburg, NY 14075