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Privacy Policy

last modified on 03/31/2020

This lyve Privacy Notice applies to your use of elektri.city, and any other websites, applications, or services provided, owned, or operated by Elektricity, LLC (with its affiliates, “lyve”) that link to this Privacy Notice (collectively, the “lyve Services”). lyve values the privacy of users, subscribers, publishers, members, and others who visit and use the lyve Services (collectively or individually, “you” or “users”) and wants you to be familiar with how we collect, use, and disclose personal information from and about you. This notice describes our privacy policy. By visiting elektri.city, setting up your lyve account, or using the lyve Services, you are accepting the practices described in this Privacy Notice, to the extent permitted by law.

For purposes of data protection laws, Elektricity, LLC located at 119 Gold Avenue, Albuquerque, NM, 87102, is the “data controller” of your information collected in connection with the lyve Services.

You may share personal information when using the lyve Services. One example is when you provide information about yourself as part of the lyve account creation process. Another is when you take certain actions on the lyve Services that are public or intended to be public in nature, such as when you broadcast content, participate in a chat room, post profile information, follow a channel, or subscribe to a broadcast channel. Given the social nature of some of the lyve Services, that information may be collected, used, or disclosed by others who are part of that social interaction. In addition, some features of the lyve Services are designed to provide others with information about user activity, such as identifying the user who created a particular Clip or the subscription status of users for a given channel. We encourage you to be mindful of this when considering your activity on the lyve Services.

Storage and access to cookies that are set in connection with the lyve Services are governed by the lyve Cookie Policy (“Cookie Policy”).

Personal Information lyve Collects About You

We obtain information about you through the means discussed below when we provide the lyve Services. Please note that we need certain types of information so that we can provide the lyve Services to you. If you do not provide us with such information, or ask us to delete it, you may no longer be able to access or use the lyve Services.

  • User-provided Information: You may provide a variety of information about yourself to us, such as your name, voice and image (in any content you upload), lyve username, email address, postal mailing address, telephone number, credit card number, and billing information when you register for lyve Services; upload, purchase, view, or download certain content or products from the lyve Services; enter contests or sweepstakes; or otherwise use the features and functionality of the lyve Services.
  • Automatically Collected Information: When you access the lyve Services or open one of our emails, we automatically record and store certain information about your system by using cookies and other types of technologies. Cookies are small text files containing a string of alphanumeric characters that are sent to your browser. For information about what cookies are, how they work, how lyve uses them, and how to remove them, please see our Cookie Policy. Examples of such information we automatically collect include Internet Protocol address (“IP Address”), a unique user ID, device and browser types and identifiers, referring and exit page addresses, software and system type, and information about your usage of lyve Services. Examples of how lyve uses automatically collected information include to: (a) automatically update the lyve application on your system; (b) remember your information so that you will not have to re-enter it during your visit or the next time you access the lyve Services; (c) provide customized advertisements, content, and information; (d) monitor the effectiveness of marketing campaigns; (e) monitor and store aggregate site usage metrics such as total number of visitors and pages accessed; and (f) track your entries, submissions, and status in any promotions or other activities.
  • Information from Other Sources: We may obtain additional information from third parties and sources other than the lyve Services. For example, we may obtain additional information from advertisers, games or services you use, or social media networks (such as Facebook) for which you have approved our access. When you access the lyve Services through social media networks or when you connect the lyve Services to social media networks, you are authorizing lyve to collect, store, and use such additional information and content in accordance with this Privacy Notice. We may also obtain information from third-party services (such as Facebook or Twitter) regarding your use of such services, including about your use of the content you choose to broadcast through the lyve Services. We use this information to supplement the information we collect about you in order to provide more relevant, safer experiences for you with the lyve Services and improve the lyve Services, analytics, and advertising. If we combine or associate information from other sources with information that we collect through the lyve Services, we will treat the combined information in accordance with this Privacy Notice.

How lyve Uses Personal Information

  • lyve uses such information to operate, maintain, enhance, provide, create, and develop all of the features, functionality, and services (new or existing) found on the lyve Services; provide security for our websites, products, software, or applications; manage relationships with lyve account holders (e.g., Partners, Affiliates), including making or receiving payment; improve users’ experience with lyve by providing content recommendations and by delivering content that we hope users will find relevant and interesting, including advertising and marketing messages; allow you to comment on content, and participate in online games, contests, or rewards programs; prevent fraud and abuse; and understand the usage trends of our users.
  • We use your email address and/or telephone number to communicate with you, including to notify you of major lyve Services updates, for customer service purposes, or to contact you regarding any content that you have posted to or downloaded from the lyve Services. If you want to stop receiving notifications by telephone, reply STOP to any text message from us. Note that we may still send you additional informational or transactional notifications.
  • lyve may periodically send promotional materials or notifications to you related to the lyve Services. If you want to stop receiving promotional materials, you can go to your account settings once you have logged in to the lyve Services or follow the unsubscribe instructions at the bottom of any email from us. If you have installed a mobile app and you wish to stop receiving push notifications, you can change the settings either on your mobile device or through the app.
  • In certain cases, we have a legal obligation to collect and process your personal information (such as our obligation to share data with tax authorities).
  • We may also ask for your consent to process your personal information for a specific purpose that we communicate to you. When you consent to our processing your personal information for a specified purpose, you may withdraw your consent at any time and we will stop the processing of your data for that purpose.
  • lyve will rely on legal grounds to process your personal information to the extent permitted by applicable law, which may include, without limitation:  to honor contractual commitments, to take steps in anticipation of entering into contract, to fulfill legal obligations, your consent, and lyve’s legitimate interests.

When lyve Discloses Personal Information

We share such information as described below:

  • We disclose such information to service providers working on our behalf, such as, to: provide website hosting, maintenance, and security services; fulfill orders; conduct data analysis and create reports; offer certain functionality; or assist lyve in improving the lyve Services and creating new services and features. We require that these parties process such information in compliance with this Privacy Notice, we authorize them to use the information only for the purposes for which it is provided to them, and we require them to use reasonable confidentiality measures.
  • lyve may make information available to our affiliates (meaning entities controlled by, controlling, or under common control with lyve), including Elektricity, LLC and its subsidiaries that are either subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.
  • lyve may disclose user information if we believe in good faith that such disclosure is necessary to comply with U.S. state and federal laws or other applicable laws around the world (for example, in the country of your residence), or respond to a court order, judicial or other government request, subpoena, or warrant in the manner legally required.
  • lyve also reserves the right to disclose information that we believe, in good faith, is appropriate or necessary to protect lyve from potential liability or from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against third-party claims, or allegations; protect the security or integrity of the lyve Services; or protect the rights, property, or safety of lyve, our users, or others.

Other than as set out in this Privacy Notice, you will receive notice when personal information about you might be shared with third parties and you will have an opportunity to choose not to share the information.

Data Subject Rights and Your Choices

For requests to review, update, delete, or otherwise limit lyve’s use of information that you have provided directly to lyve, you may contact privacy@elektri.city. In your request, please include your email address, name, address, and telephone number and specify all relevant background. To protect your privacy and security, we may take steps to verify your identity before granting you access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times.

Residents of the European Economic Area (“EEA”), can exercise certain data subject rights available to them under applicable data protection laws.  We will comply with requests to exercise these rights in accordance with applicable law. Please note that in some circumstances, we may need to keep processing your information for certain legitimate interests or to comply with a legal obligation.  If these rights apply to you, they may permit you to request that we:

  • Obtain access to or a copy of certain personal information we hold about you.
  • Prevent the processing of your personal information for direct marketing purposes (including any direct marketing processing based on profiling).
  • Update personal information that is out of date or incorrect.
  • Delete certain personal information we hold about you.
  • Restrict the way that we process and disclose specific personal information about you.
  • Transfer your personal information to a third-party provider of services.
  • Revoke consent that you previously provided for the processing of your personal information.

For more information on how to exercise these rights you may contact privacy@elektri.city.  If applicable, you may make a complaint to the data protection supervisory authority in the country where you are based. Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.

Account Closure & Deletion

If you would like to close your account and delete your profile information on elektri.city you may contact privacy@elektri.city. For lyve Services other than elektri.city, you may update or delete information tied to your account, or close an account, by contacting privacy@elektri.city. If you close your account, lyve may retain certain information about you for the activities described in this Privacy Notice, or as permitted or required by applicable law.

Third-Party Services and Websites

The lyve Services may link to third-party websites or services. The privacy practices of those third parties are not governed by this Privacy Notice. We encourage you to review the privacy policies of these third-party websites and services to understand their practices.

If you connect to a third-party service (such as Facebook, Twitter, or another third-party application) through the lyve Services or otherwise link your lyve account with a third-party service, you are requesting and authorizing us to share or grant access to information on your behalf (such as your username, the fact that your connection originated from the lyve Services, and other relevant usage and diagnostic information) with such third party. We may also send information about the content you watch or your activities on the lyve Services to such third parties. For example, we may make information available to app developers, software developers, and software publishers to facilitate purchases and awards of digital goods.

Advertisers and Analytics Providers

lyve may use third-party Web analytics services in connection with the lyve Services. These service providers use a variety of tracking technologies such as cookies to analyze how users use the lyve Services. The information collected (described above in “Automatically Collected Information”) may be shared with or collected directly by these services and processed to evaluate your use of the lyve Services.

lyve may also work with third-party ad networks, advertisers, and advertising analytics providers to target (and measure the performance of) ads to you both on and off the lyve Services. We may share with these third parties (or they may directly collect) data such as cookie and mobile ad identifiers in order to engage in advertising activity (including to understand how you respond to advertisements and to serve relevant ads). lyve also works with third parties to serve ads to you off lyve’s Services. When we do so, we may share information such as your email address or resettable device identifier for that advertising partner to “match” to other information that may have about you.

Advertisers on lyve, or representatives or service providers working on their behalf (“lyve Advertisers”), sometimes use technology to serve ads that appear on our services directly to your device.  They automatically receive certain data, such as your IP address, when this happens. They may also use cookies (or similar technologies) to measure the effectiveness of their ads and to personalize ad content. This Privacy Notice does not apply to, and we cannot control the tracking technologies and activities of lyve Advertisers and you should consult their respective privacy policies. For more information about lyve Advertisers and similar entities that use these technologies, and to opt-out of their advertising practices, you may contact privacy@elektri.city.

Data Security

lyve uses a variety of managerial, technical, and physical measures to protect the integrity and security of your information. These measures may vary based on the sensitivity of your information. However, no security precautions or systems can be completely secure. We cannot ensure or warrant the security of any information you transmit to lyve, and you do so at your own risk. We cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

Retention of Your Information

lyve maintains data related to your usage of lyve for as long as it is required in order to fulfill the relevant purposes described in this Privacy Notice, as may be required (or permitted) by law such as for tax and accounting purposes, or as otherwise communicated to you. Once you have asked us to close your account and delete your profile information, we will delete all information that we are not required or permitted to retain by law.

Children’s Privacy

IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE TWITCH SERVICES AT ANY TIME OR IN ANY MANNER.

Protecting the privacy of young children is especially important. For that reason, lyve does not knowingly collect or maintain personal information (as defined by the United States Children’s Online Privacy Protection Act) from persons under 13 years-of-age. If lyve learns that personal information of persons under 13 has been collected on or through the lyve Services, lyve will take appropriate steps to delete this information.

If you are the parent or legal guardian of a child under 13 who has become a lyve Services member, then please contact lyve at privacy@elektri.city to have that child’s account terminated and personal information deleted.

For residents of the EEA, where the processing of personal information is based on consent, lyve will not knowingly engage in that processing for users under the age of consent established by applicable data protection law. If we learn that we are engaged in that processing with such users, we will halt such processing and will take reasonable measures to promptly remove applicable information from our records.

Merger or Sale

In the event that lyve, or some or all assets related to the lyve Services are acquired by or merged with a third-party entity or in connection with a contemplated change of ownership transaction, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users as part of that merger, acquisition, sale, or other change of control event, including in the course of diligence.

International Data Transfers

Information collected by lyve may be stored and processed in your region, in the United States (for instance in our major data centers), or in any other country where lyve or its affiliates, subsidiaries, partners, or service providers are located or maintain facilities.  If we provide any information about you to any such entities, we will take appropriate measures to ensure such companies protect your information adequately in accordance with this Privacy Notice and applicable law.

Changes and Updates to This Privacy Notice

lyve reserves the right to change, modify, add, or remove portions of this Privacy Notice at any time (for example to reflect updates to the lyve Services or to reflect changes in the law). Please check this Privacy Notice periodically for those changes. Your continued use of the lyve Services after the posting of changes constitutes your binding acceptance of such changes.

We will not materially change our policies and practices to make them less protective of personal information collected in the past under a prior version of the Privacy Notice without the consent of affected individuals

Elektricity Contact Information

Please contact Elektricity with any questions or comments about this Privacy Notice at 119 Gold Avenue, Albuquerque, NM, 87102 or by email to privacy@elektri.city. We will respond to your inquiry within 30 days of its receipt.

California Privacy Disclosures

This California Privacy disclosure page (“California Notice”) supplements the lyve Privacy Notice located at: https://elektri.city/privacy-policy/. The lyve Privacy Notice describes the personal information that we collect, the sources from which we collect it, the purposes for which we use it, the limited circumstances under which we share personal information, and with whom we share it. These additional disclosures are required by the California Consumer Privacy Act and the California “Shine the Light” Law.

A. Categories of Personal Information Collected

The personal information that lyve collects, or has collected from consumers in the twelve months prior to the effective date of this California Notice, fall into the following categories established by the California Consumer Privacy Act, depending on which lyve Service is used.

identifiers such as your name, alias, email address, phone numbers, or IP address;

  • personal information, such as a credit card number;
  • age or other protected classifications, for example as collected on sign-up and disclosed in your user-generated content;
  • commercial information, such as purchase and content streaming activity;
  • internet or other electronic network activity information, including content interaction information, browsing history, and search history;
  • audio or visual information, such as video and audio recordings if you upload user-generated content;
  • professional information, for example data related to your channel if you stream on lyve; and
  • inference data, such as information about your purchase and viewing preferences.

B. Categories of Personal Information Disclosed for a Business Purpose

The personal information that lyve disclosed about consumers for a business purpose in the twelve months prior to the effective date of this California Notice fall into the following categories established by the California Consumer Privacy Act, depending on which lyve Service is used.

  • identifiers such as your name, alias, email address, phone numbers, or IP address, for example when you visit a channel with an Extension that requires your IP address (see “Extensions” in our Privacy Notice for more information);
  • personal information, such as a credit card number, for example if we use a service provider to process payments;
  • age or other protected classifications, for example if you choose to participate in a survey distributed by a survey provider;
  • commercial information, such as purchase details if a third party service provider is assisting to provide the lyve Service with which you interact;
  • internet or other electronic network activity information, such as if we use a service provider to help us gather crash reports for analyzing the health of our services;
  • audio or visual information, such as video and audio recordings of you when you stream on lyve, for example when it is necessary for a service provider to deliver your video content to your viewers;
  • professional information, such as data related to your channel if you stream on lyve, for example if an affiliate or service provider assists in processing your payments; and
  • inference data, such as information about your purchase and viewing preferences, for example if a service provider assists us in serving you relevant advertisements.

C. Data Access & Deletion Rights

You may have the right under the California Consumer Privacy Act to request information about the collection of your personal information by lyve, or access to or deletion of your personal information. If you wish to do any of these things, please contact us at privacy@elektri.city. This is the most expedient way to get a response to your request.

Please note that certain information may be exempt from such requests under California law and that, depending on your data choices, certain services may be limited or unavailable. We will not discriminate against you for exercising your rights.

D. No Sale of Personal Information

In the twelve months prior to the effective date of this California Notice, lyve has not sold any personal information of consumers, as those terms are defined under the California Consumer Privacy Act.

E. California “Shine the Light” Disclosure

The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.