vzio.com

Vzio.com's Privacy Statement (January 12, 2011)

This document declares the undertakings by Vzio.com in relation to its handling of Your Data.

Data Collection
Data Security
Data Use
Data Disclosure
Data Retention and Destruction
Access by You to Your Personal Data
Information about Data Handling Practices
Handling of Enquiries, General Concerns and Complaints
Enforcement
Changes to These Privacy Undertakings

Data Collection

Vzio.com undertakes to collect Your Data by means that are:

fair;
legal; and
transparent.

If you visit Vzio.com's web-site, your web-browser automatically discloses, and Vzio.com's web-server automatically logs, the following information: the date and time, the IP address from which you issued the request, the type of browser and operating system you are using, the URL of any page that referred you to the page, the URL you requested, and whether your request was successful. This data may or may not be sufficient to identify you.

Any additional data that you provide, e.g. in a web-form, may also be logged. This data may or may not be sufficient to identify you.

Any additional data that your web-browser automatically provides may also be logged. This will be the case, for example, if your browser has previously been requested to store data on your computer in 'cookies' and submits them each time you request a web-page within a particular domain (such as Vzio.com). This data may or may not be sufficient to identify you.

If you disclose personal data to Vzio.com in conjunction with an identifier such as your name or your email, Vzio.com will collect Your Data. Moreover, any data that becomes available to Vzio.com through any of the means described in the preceding paragraphs may be able to be associated with that identifier, and hence become Your Data.

Subject to the qualifications immediately below, Vzio.com undertakes to collect Your Data from you and not from other parties. This undertaking is qualified as follows:

where Vzio.com reasonably considers that the protection of its financial interests requires that it gather YourData from other sources, or from additional sources. This applies in particular where Vzio.com has a lending exposure to you, and seeks information about your creditworthiness;
where Vzio.com reasonably considers that its capability to deliver quality services to you will be materially enhanced by gathering your data from other sources. This applies in particular to consumer profile data.

Where Vzio.com collects Your Data from sources other than you, it undertakes:

to do so only by legal means;
to do so only with your Consent; and
to declare to you what sources it uses, and under what circumstances.

Vzio.com undertakes to declare the purpose of collection in a manner which is clear and meaningful, and to avoid vague, highly inclusive statements such as 'to support our operations'.

Data Security

Vzio.com undertakes to store Your Data in a manner that ensures security against unauthorised access, alteration or deletion, at a level commensurate with its sensitivity.

Vzio.com undertakes to store Your Data only in jurisdictions where data protections are at least equivalent to those required under the OECD Guidelines.

Vzio.com undertakes to transmit Your Data in a manner that ensures security against unauthorised access, alteration or deletion, at a level commensurate with its sensitivity.

Data Use

Use refers to the application of Your Data by any part of Vzio.com, or any staff-member or contractor of Vzio.com in the course of their work.

Vzio.com undertakes to use Your Data only for:

the purposes for which it was collected;
such other purposes as are subsequently agreed between Vzio.com and You;
such additional purposes as may be required by law. In these circumstances, Vzio.com will take any reasonable steps available to it to communicate to You that the use has occurred, unless it is precluded from doing so by law; and
such additional purposes as are authorised by law (in particular to protect Vzio.com's interests, e.g. if it believes on reasonable grounds that You have failed to fulfil your undertakings to Vzio.com or have committed a breach of the criminal law).

Vzio.com undertakes to use Your Data only if it has demonstrable relevance to the particular use to which it is being put.

Vzio.com undertakes to use Your Data in such a manner as to take into account the possibility that it is not of sufficient quality for the purpose, e.g. because it is inaccurate, out-of-date, incomplete, or out-of-context.

Data Disclosure

Disclosure refers to making Your Data available to any party other than Vzio.com and You. The term disclosure may include many different conditions of data transfer, including selling, renting, trading, sharing and giving.

Vzio.com undertakes to disclose Your Data only under the following circumstances:

in the course of business being conducted between You and Vzio.com, where disclosure is necessary to a contractor, such as a transport company. Where Your Data is disclosed in this way, Vzio.com undertakes to exercise control over Vzio.com's contractors to ensure that their actions are compliant with these Terms;
in other circumstances that are directly implied by the purpose agreed between You and Vzio.com at the time of data collection or subsequently. Where Your Data is disclosed in this way, Vzio.com undertakes to exercise control over Vzio.com's contractors to ensure that their actions are compliant with these Terms;
with your consent, or at your request;
where required by law, such as a provision of a statute, or a court order such as a search warrant or sub poena. In these circumstances, Vzio.com will take any reasonable steps available to it to communicate to You that the disclosure has occurred, unless it is precluded from doing so by law;
where permitted by law (e.g. the reporting of suspected breach of the criminal law to a law enforcement agency; and in an emergency, where Vzio.com believes on reasonable grounds that the disclosure of Your Data will materially assist in the protection of the life or health of some person), provided that Vzio.com will apply due diligence to ensure that the exercise of the permission is justifiable.

In all cases, Vzio.com undertakes to disclose only such of Your Data as is necessary in the particular circumstances.

Data Retention and Destruction

Subject to the qualifications immediately below, Vzio.com undertakes:

to retain Your Data only as long as is consistent with its purpose; and
to destroy Your Data when its purpose has expired, and to do so in such a manner that Your Data is not subsequently capable of being recovered.

This undertaking is qualified as follows:

Your Data may be retained in Vzio.com's logs, backups and audit trails within short-term retention cycles that are devised to protect the company's operations. In such cases, Your Data will be destroyed in accordance with those cycles;
Your Data may be retained beyond the expiry of its purpose if that is required by law, such as a provision of a statute, or a court order such as a search warrant or sub poena, or a warning by a law enforcement agency that delivery of a court order is imminent. In these circumstances, Vzio.com:

will take any reasonable steps available to it to communicate to You that Your Data is being retained, unless it is precluded from doing so by law; and
will only retain Your Data while that provision is current, and will then destroy Your Data;

Your Data may be retained beyond the expiry of its purpose if it is authorised by law (in particular to protect Vzio.com's interests, e.g. if it believes on reasonable grounds that You have failed to fulfil your undertakings to Vzio.com or have committed a breach of the criminal law). In these circumstances, Vzio.com will only retain Your Data while that situation is current, and will then destroy Your Data.

Access by You to Your Personal Data

Vzio.com undertakes to provide you with access to Your Data, subject to only such conditions and processes as are reasonable in the circumstances. In particular, Vzio.com undertakes to enable access:

conveniently;
without unreasonable delay; and
without cost.

Vzio.com undertakes to establish and operate identity authentication protections for access to Your Data that are appropriate to its sensitivity, but practical. This may involve some inconvenience; for example, relatively straightforward procedures may be involved in order to provide you with access through a channel that you have previously registered with Vzio.com (such as a particular email-address), but may impose more onerous procedures if you wish to use some other channel.

In the event that you dispute some aspect of Your Data, Vzio.com undertakes to take reasonable steps in relation to the amendment, supplementation or deletion of Your Data.

You undertake:

not to seek access for frivolous purposes, or unreasonably frequently;
to accept that deletion of some data may not be consistent with the provision of particular services by Vzio.com to you.

Information about Data-Handling Practices

Vzio.com undertakes to make information available to you about the manner in which Vzio.com handles your data:

in general terms, in a readily accessible manner; and
in more specific terms, on request.

Where Your Data is disclosed to a contractor, Vzio.com undertakes to make information available to you on request about the manner in which Vzio.com's contractors handle your data.

Vzio.com undertakes to ensure that the information provided is meaningful, and addresses your concerns.

You undertake:

not to seek such information for frivolous purposes, or unreasonably frequently; and
to accept that the disclosure of excessive detail may harm the security of Your Data and Vzio.com's business processes, and may harm Vzio.com's commercial interests.

Handling of Enquiries, General Concerns and Complaints

If you have enquiries, general concerns, or complaints about these Terms, or about Vzio.com's behaviour in relation to these Terms, you undertake:

to communicate them in the first instance:

to Vzio.com only;
in sufficient detail;
through a channel made available by Vzio.com for that purpose;

Vzio.com undertakes:

to provide one or more channels for communications to Vzio.com, which are convenient to users;
to promptly provide acknowledgement of the receipt of communications, including the provision of a copy of the communication, the date and time it was registered, and Vzio.com's reference-code for the communication;
to promptly provide a response to the communication, in an appropriate and meaningful manner.

You further undertake to not pursue Vzio.com through any Regulator or the media:

until and unless Vzio.com has had a reasonable opportunity to respond to the initial communication; and
while Vzio.com and you are conducting a meaningful dialogue about the matter.

Enforcement

Vzio.com declares that its undertakings in these Terms are intended to create legal obligations, and that those obligations are intended to be enforceable under appropriate laws in appropriate jurisdictions. These include laws relating to data protection, privacy, fair trading, corporations and criminal laws.

You undertake to seek enforcement only in a jurisdiction that is relevant to the transactions that have taken place between You and Vzio.com, in particular the jurisdiction in which you live or in which you performed the relevant acts, and the jurisdiction in which Vzio.com is domiciled or performed the relevant acts.

If you wish to discover the relevant laws in any particular jurisdiction, Vzio.com draws your attention to the following resources:

WorldLII Privacy Links
Compilation of [U.S.] State and Federal Privacy Laws, Privacy Journal, Providence RI
Privacy Law Sourcebook 2004, EPIC, Washington DC
the Australian Privacy Foundation's pages:

Privacy International

Changes to These Privacy Undertakings