This privacy policy ('Privacy Policy') governs how we, Live Momentum Ltd. and/or any other member of the StreamElements group (together, “StreamElements”, “we”, “our” or “us”) use, collect and store Personal Data we collect or receive from or about you (“User”, “you”) such as in the following use cases:
- When you browse or visit our website, https://StreamElements.com/ ('Website');
- When you make use of, or interact with, our Website
- When you create an account and/or log in clicking on “Connect with Twitch”
- When you create an account and/or log in clicking on “Connect with YouTube”
- When you create an account and/or log in clicking on “Connect with Facebook”
- When you create an account and/or log in clicking on “Connect with Trovo”
- When you click on the 'Join us' tab and/or you join to 'Discord' and you make use of 'StreamElements Chat Stats'
- When you download our software, and/or plugin and/or desktop app
- When you apply to join StreamElements DreamTeam
- When you sign up to and/or comment on our blog on 'Medium'
- When you contact us (e.g. customer support, when you submit a request, chat with us or leave us a message)
- When you make use of, or interact with our Dashboard
- When you attend a marketing event and provide Personal Data
- When you exchange business cards with us
- When we use the Personal Data of our suppliers
- When we use the Personal Data of our customers
- When you interact with us on our social media profiles (e.g., Facebook, Instagram, Twitter, LinkedIn, etc) and we use the publicly available information.
We greatly respect your privacy, which is why we make every effort to provide a platform that would live up to the highest of user privacy standards. Please read this Privacy Policy carefully, so you can fully understand our practices in relation to Personal Data. “Personal Data” means any information that can be used, alone or together with other data, to uniquely identify any living human being. Please note that this is a master privacy policy and some of its provisions only apply to individuals in certain jurisdictions. For example, the legal basis in the table below is only relevant for GDPR-protected individuals.
Table of contents:
- What information we collect, why we collect it, and how it is used
- How we protect and store your Personal Data
- How we share your Personal Data
- Additional information regarding transfers of Personal Data
- Your rights
- Use by children
- Public information about your activity on the services
- How can I delete my account?
- Links to and interaction with third party product
- Log files
- Cookies and other tracking technologies
- Use of Analytics Tools
- California privacy rights
- Our California do not track notice
- Deletion of content from California residents
- How to contact us
This Privacy Policy may be updated from time to time and therefore we ask you to check back periodically for the latest version of the Privacy Policy, as indicated below. If there will be any significant changes made to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Website or by other means
What information we collect, why we collect it, and how it is used.
| Data we collect | Why is the data collected and for what purposes? | Legal basis (GDPR only) | Third parties with whom we share your data | Period of storage | Consequences of not providing the data |
|---|---|---|---|---|---|
| When you browse or visit our Website | |||||
| Cookies | Read our Cookies Policy | Legitimate interest (e.g. essential cookies) | Read our Cookies Policy | Read our Cookies Policy | Read our Cookies Policy |
| When you make use of, or interact with our Website | |||||
|
| Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract. Legitimate interest (e.g. sign you up to our service) | 3rd party platforms:
| Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. |
|
| When you click on “Connect with Twitch” | |||||
| Sending marketing communications | Consent | 3rd party platforms:
| Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. | Cannot send you marketing communications |
| When you click on “Connect with YouTube” | |||||
|
| Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data | 3rd party platforms:
| Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. |
|
| When you click on the 'Join us' tab and/or you join to 'Discord' and you make use of 'StreamElements Chat Stats' | |||||
|
| Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract Legitimate interest (e.g. respond to a query sent by you) | 3rd party platforms:
| Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. |
|
| When you download our software, plug-ins (and app(s)) | |||||
|
| Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract Legitimate interest (e.g. respond to a query sent by you) | 3rd party platforms:
| Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. |
|
| When you apply to join StreamElements DreamTeam | |||||
|
| Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract Legitimate interest (e.g. add you to our StreamElements DreamTeam) | 3rd party platforms:
| Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. |
|
| When you sign up to or comment on our blog on 'Medium' | |||||
| To post your comments/response in our blog | The data subject has given consent to the processing of his or her personal data for one or more specific purposes Legitimate interest (e.g. to post your comment on our blog) | 3rd party platforms:
| Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. | Cannot post your comments/response in our blog |
| When you contact us (e.g. customer support, when you submit a request, chat with us or leave us a message) | |||||
|
| The data subject has given consent to the processing of his or her personal data for one or more specific purposes Legitimate interest (e.g. to post your comment on our blog) | 3rd party platforms:
| Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. | Cannot assist you and respond your query |
| When you sign up/login to, make use of, or interact with our Dashboard | |||||
| Use our dashboard | Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract Legitimate interest (e.g. respond to a query sent by you) | 3rd party platforms:
| Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. | Cannot use our dashboard |
| When you attend a marketing event and provide Personal Data | |||||
|
| Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (e.g. showing you certain products and features that you have shown an interest in). Legitimate interest (certain B2B marketing communications) The data subject has given consent to the processing of his or her personal data for one or more specific purposes | 3rd party platforms:
| Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. |
|
| When we use the Personal Data of our suppliers | |||||
|
| Processing is necessary for the performance of a contract to which our customer is a party. Compliance with a legal obligation (e.g. tax laws, bookkeeping laws, etc.). Legitimate interest (e.g. send you contract-related communications) | 3rd party platforms:
| Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. |
|
| When you interact with us on our social media profiles (e.g. Facebook, Twitter, LinkedIn, etc) and we use the publically available information | |||||
|
| The data subject has given consent to the processing of his or her personal data for one or more specific purposes Legitimate interest (e.g. send you more information about us) | 3rd party platforms:
| Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. |
|
- How do we protect and store your personal data
- Security. We have implemented appropriate technical, organizational and security measures designed to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to such information appropriate to the nature of the information concerned. However, please note that we cannot guarantee that the information will not be exposed as a result of unauthorized penetration to our servers. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.
- Retention of your Personal Data. In addition to the retention periods mentioned in Section 1 above, in some circumstances we may store your Personal Data for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings.
- How we share your personal data
In addition to the recipients described in Section 1, we may share your information as follows:
- To the extent necessary, with regulators, to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order; https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en
- Internal transfers: We ensure transfers within the StreamElements group will be covered by an agreement entered into by members of the StreamElements group (an intra-group agreement) which contractually obliges each member to ensure that Personal Data receives an adequate and consistent level of protection wherever it is transferred to;
- External transfers: Where we transfer your Personal Data outside of EU/EEA, for example to third parties who help provide our products and services, we will obtain contractual commitments from them to protect your Personal Data;
- Some of these assurances are well recognized certification schemes like the EU - US Privacy Shield for the protection of Personal Data transferred from within the EU to the United States; or
- Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Data is disclosed.
- Additional information regarding transfers of personal data
- To the extent necessary, with regulators, to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order;
- If, in the future, we sell or transfer some or all of our business or assets to a third party, we will (to the minimum extent required) disclose information to a potential or actual third party purchaser of our business or assets. In the event that we are acquired by or merged with a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Data in connection with the foregoing events.
- Where you have provided your consent to us sharing the Personal Data (e.g. where you provide us with marketing consents or opt-in to optional additional services or functionality); and
- Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Data is disclosed.
- Your rights
The following rights (which may be subject to certain exemptions or derogations), shall apply to certain individuals (some of which only apply to individuals protected by the GDPR):
- You have a right to access information held about you. Your right of access would normally be exercised free of charge, however, we reserve the right to charge an appropriate administrative fee where permitted by applicable law;
- You have the right to request that we amend any Personal Data we hold that it is inaccurate or misleading
- You have the right to request the erasure of the Personal Data that relates to you. Please note that there may be circumstances in which we are required to retain your data, for example for the establishment, exercise or defense of legal claims;
- The right to object to or to request restriction of the processing. However, there may be circumstances in which we are legally entitled to refuse your request;
- The right to data portability. This means that you may have the right to receive your Personal Data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;
- You have the right to object to profiling;
- You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority
- The right to withdraw your consent. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations.
- You also have a right to request details of the basis on which your Personal Data is transferred outside the European Economic Area, but you acknowledge that data transfer agreements may need to be partially redacted for reasons of commercial confidentiality
You can exercise your rights by contacting us at[email protected]. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly or inform you if we require further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm your identity and for security purposes, before disclosing the Personal Data requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.
In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.
- Use by children
The services are not structured to attract children under the age of 13 years. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years. If we learn that we have collected Personal Information from a child under 13 years, we will delete that information as quickly as possible. If you believe that we might have any such information, please contact us at [email protected]. Some of your activity on and through the Services is public by default. This may include, but is not limited to, content you have posted publicly on the Website or otherwise through the Services. Registered users may have some of this information associated with their Accounts. Unregistered users will not have this association, but information concerning their use of the Services (such as what pages they have visited) may be tracked anonymously through the use of cookies and stored by us. Please also remember that if you choose to provide Personal Information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services.
- How can I delete my account?
Should you ever decide to delete your Account, you may do so by emailing[email protected]. If you terminate your Account, any association between your Account and information we store will no longer be accessible through your Account. However, given the nature of sharing on the Services, any public activity on your Account prior to deletion will remain stored on our servers and will remain accessible to the public. In addition to our normal procedure for stored data deletion, you can revoke our access to your data via the Google security settings page, athttps://security.google.com/settings/security/permissions.
- Links to and interaction with third party products
The Website may enable you to interact with or contain links to your Third Party Account and other third party websites, mobile software applications and services that are not owned or controlled by us (each a“Third Party Service”). We use the YouTube API Services. We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services may collect Personal Information from you. Accordingly, we encourage you to read the terms and conditions and privacy policy of each Third Party Service that you choose to use or interact with.
- Log files
We may make use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. We may use such information to analyze trends, administer the Website, track users’ movement around the Website, and gather demographic information.
- Cookies and other tracking technologies
Our Website may utilize “cookies”, anonymous identifiers and other tracking technologies in order to for us to provide our Website and present you with information that is customized for you. A “cookie” is a small text file that may be used, for example, to collect information about activity on the Website. Certain cookies and other technologies may serve to recall Personal Information, such as an IP address, previously indicated by a user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.
- Analytic tools
- Google Analytics The Website may use a tool called “Google Analytics” to collect information about use of the Website. Google Analytics collects information such as how often users visit this Website, what pages they visit when they do so, and what other sites they used prior to coming to this Website. We use the information we get from Google Analytics to maintain and improve the Website and our products. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Service, available athttp://www.google.com/analytics/terms/us.html/, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/collects and processes data specifically in connection with Google Analytics athttp://www.google.com/policies/privacy/partners/Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available athttps://tools.google.com/dlpage/gaoptout/
- Firebase Analytics We also use a similar tool called“Google Analytics for Firebase”. By enabling this tool, we enable the collection of data about App Users, including via identifiers for mobile devices (including Android Advertising ID and Advertising Identifier for iOS), cookies and similar technologies. We use the information we get from Google Analytics for Firebase to maintain and improve our App(s). We do not facilitate the merging of personally-identifiable information with non-personally identifiable information unless we have robust notice of, and your prior affirmative (i.e., opt-in) consent to, that merger. In addition, we bring to your attention that Google Analytics śfor Firebase’s terms (available at https://firebase.google.com/terms/)
- Heap. The Website may use a tool called “Heap Analytics” which is a user behavioral analytics product and service. Heap collects and analyzes data about how users are interacting with our Website. Heap does this by collecting data on what users are doing, including but not limited to what webpages they visit, what users click on, where those users are located, what browser or platform those users are using. Heap is GDPR compliant, you can read further information onhttps://heapanalytics.com/blog/company/heaps-commitment-to-gdpr-and-data-privacy.
- California privacy rights
California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected]. Please note that we are only required to respond to one request per customer each year.
- Our California do not track notice
We do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party websites or online services. We may allow third parties, such as companies that provide us with analytics tools, to collect personally identifiable information about an individual consumer’s online activities over time and across different websites when a consumer uses the Services.
- Deletion of content from California residents
If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or Personal Information you have publicly posted. To remove, please send an email to [email protected] be aware that after removal you will not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or Personal Information you have posted and that there may be circumstances in which the law does not require us to enable removal of content.
- Contact Us
If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at [email protected].