OVERVIEW AND SUMMARY
2. Relevant Definitions:
When you are reviewing this Policy, we use a couple of common definitions to make it easier to read. These are:
Affiliates = A list of related companies to HBO. As of the Effective Date (identified below) of the Policy, Affiliates include our HBO international businesses, AT&T, INC.; WARNER MEDIA, LLC; Warner Bros. Entertainment, Inc., and Turner Broadcasting System, Inc. along with their respective affiliated companies. This list may change from time to time and we will update this Policy accordingly.
Service = all of our consumer-facing HBO websites, services and applications, as well as all of their features, downloads and components, including offline customer service and support features, but excluding European Economic Area (EEA)-based OTT applications (such as HBO GO and HBO NOW applications designated for residents of EEA countries) that have a separate privacy notice. Details about the policy applicable to these services can be found during sign-up for the service and/or on the website for such service.
3. What is the Effective Date?
The Effective Date of this Policy is November 7, 2018. You can see a copy of the previous policy here
4. Has the Policy changed from the previous version?
We have updated our Policy to make it more user-friendly and to add a section applicable to the EEA to reflect updates to European data privacy laws, as some of our Services are accessible in that region. We have also updated our list of Affiliates (see Paragraph 2, above).
5. How will I know about any future changes or updates to the Policy?
HBO can modify the Policy in the future. Changes to the Policy will be communicated to you by making the new and previous Policy available on the Service for review a reasonable period before the change is effective. If we make changes to the Policy that materially change the way we use your previously-collected personal information, we will communicate with you either via e-mail or a prominent posting on the Service.
6. Does the Policy apply to me?
This Policy applies to any user of the Service, including your family members or other users under your account. Please make any friends or other users aware of this Policy before you provide their personal information. Please make sure that everyone understands this Policy before using the Service.
If you are a business customer of HBO, you can access a copy of our business-to-business privacy notice here.
This Policy also contains certain additional information that is relevant only where the collection and use of information by HBO is subject to European data protection and data privacy laws. This section only applies to individuals who are accessing the Service from within the EEA. If you are accessing the Service from the EEA, please see Section V for a description of your data protection rights, including a right to object to some of the processing we carry out.
What information do you collect about me?
We collect different types of information from you depending upon the Service you access, our relationship with you and your preferences:
A. ACCOUNT INFORMATION
Below is a list of account information we collect. Some account information will only be collected about users of our digital streaming and content viewing services (e.g. HBO GO and HBO NOW), which are restricted to U.S. residents and so will not apply to other users of the Services. We have indicated below where this is the case.
We collect and/or verify your payment information (including credit card number and authorization codes, name and billing address), renewal settings and gift card or promotional authorization codes.
Portions of our Service give you the ability to post comments or upload information. To enable this feature, we require that you set up an account and/or a screen name. We will of course have access to your contact information, comments and the feedback you voluntarily submit through these features.
You have the option to limit viewing options for your account to specific genre ratings, such as TV-Y, or TV-14 for television series, and PG or PG-13 for movies. We collect information about your use of these controls.
When you create an account with our Service, we collect your name and e-mail address. We may offer you the opportunity to provide information to enhance your account, such as genre preferences, information about your interests and additional contact information for your account.
Use of the Service:
We collect information about your experience using the Service, including pages visited, content viewed, length of time on the Service, device IDs and other unique identifiers, IP address, referring and exit pages, your Internet service provider, mobile carrier, date and time stamps, technical or access issues, location information (via IP address or, if disclosed, precise geolocation data) and information about the browser and operating system you are using, referral URLs and standard web server log information. We also collect information about your actions on the Service (including your profiles, settings, watch lists and search terms).
Video Viewing Information:
We collect information about the films, TV shows and URLs that you view through the Service.
B. MARKETING & RESEARCH INFORMATION
Communication with you:
When you create an HBO GO or HBO NOW account in the U.S., you automatically agree to opt in to receive marketing e-mail from HBO and our Affiliates about HBO and/or the Service, offers of other products, programs or services that we believe may be of interest to you and information in connection with incentive programs, rewards and fan engagement activities.
Other portions of the Service, such as promotional sites and apps, may offer you the opportunity to opt in to marketing messages and newsletters by providing your email address. You will also receive marketing from our Affiliates where you have provided this information. We collect and store information in response to marketing to you, including bounce backs, clicks, and information about whether our messages are opened.
Promotions on the Service:
When you enter a sweepstakes, contest or other promotional activity offered on the Service, we collect your e-mail address, name and/or address. When you enter, we may also ask you to consent to receiving e-mail communication from HBO and our Affiliates.
If a "friend" feature is activated, you may have the opportunity to participate and earn incentives by providing your friend’s contact information (name, e-mail address), importing your contact lists from other sites or devices, or sending links to your friends. You may not provide contact information for any friends without their consent. We may require verification of consent before allowing your friend(s) to access these features.
Social Media Profiles & Bots:
If you engage with the Service through third party social media plug-ins and applications (such as Facebook, Twitter or Instagram) we may ask you to allow us to have ongoing access to information from your social media account (such as name, e-mail address and profile photo). We may also access information about HBO or our Service(s) that you have published publically from various online platforms, such as through Twitter hashtags or Instagram handles. Please refer to the privacy policies of those social media networks to understand your choices with regards to their services.
If you use functionality on the Service to "share" or "like" content with a social media site, that content will be visible to the social media site and any individuals you have given access to your profile via your settings on that site.
We may provide access to chatbots through third party services. Chatbots are computer programs that simulate conversation with you, sometimes in the voice of a fictional character, for example. When you interact with a chatbot, we receive information about those interactions. Communications you have with chatbots are not private. Please think carefully about incorporating any personal or private information into these interactions.
We receive the information you provide when you answer a survey or participate in research.
C. COOKIES AND OTHER TECHNOLOGIES
When you use our Service, we may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences, or your device, and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience.
You can choose to accept or decline some types of cookies. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. In many cases, declining cookies may limit the effectiveness of the functionality of the Service.
We use the following categories of cookies on the Service:
Category 1 – Strictly necessary cookies: Essential in order to enable you to move around the Service and use its features. Without these cookies, services you have asked for (such as remembering your login details or where you paused a piece of content) cannot be provided. You can set your browser to block or alert you about these cookies, but some parts of the Service may no longer work.
Category 2 – Performance cookies: Collect information about how you use the Service, like which pages you go to most often, and if you get error messages from web pages. Information these cookies collect is aggregated, and help us to measure and improve the performance of the Service.
Category 3 – Functionality cookies: Allow the Service to remember choices you make (such as your user name, font, text size or language) and provide enhanced functionality and more personal features. The information these cookies collect cannot track your browsing activity on other websites. If you do not allow these cookies then some or all of these features may not function well.
Category 4 – Targeting Cookies: Usually placed by third party advertising network partners. They collect information about your browsing habits in order to make advertising on other sites more relevant to you and your interests. They are also used to limit the number of times you see an ad as well as help measure the effectiveness of an advertising campaign. If you do not allow these cookies, you will experience less targeted advertising.
Category 5 – Social media cookies: These cookies allow you to share what you’ve been doing on the Service on social media such as Facebook and Twitter. These cookies are not within our control. Please refer to the privacy policies of the social networks in question for how their cookies work.
Web Beacons and Other Technologies:
Web beacons are small strings of code (also called clear gifs or pixel tags) that work similarly to cookies. We use them for many of the same purposes, including to count visitors to the Service, to monitor how users navigate the Service, and to count views and emails that were opened.
We use other technologies, such as browser storage and plugins (e.g. HTML5) for the same purposes as cookies and web beacons.
D. THIRD PARTIES
The Service may contain links to other sites, including without limitation, the sites of our distributors, social platforms (such as Facebook, Instagram and Twitter), and vendors (such as the vendor that operates the HBO Shop), whose information practices may be different than ours.
You should consult the other sites' privacy notices as we have no control over information that is submitted to, or collected by, these third parties. As you use the Service, third parties may place cookies and collect personal information concerning your online activities over time and across different websites.
Below is a list of account information we collect. Some account information that will only be collected about users of our digital streaming and content viewing services (e.g. HBO GO and HBO NOW), which are restricted to U.S. residents and so will not apply to other users of the Services. We have indicated below where this is the case.
To Enable Access to the Service*:
We use your information such as name, email address, IP address and service provider to verify your account and payment information, confirm you are within the permitted service area, make sure that you are permitted to access our Service (including verifying eligibility for free trials or discounted offers), fulfill your orders and to resolve any problems you may experience.
To Customize and Improve the Service for You*:
We use information such as viewing history, preferences, device identifier and/or IP address to customize our Service. This may include sending you recommendations for programs based on your viewing habits, remembering you on a certain device, using your geographic location to provide you with localized content, or by allowing you to set parental controls.
For Research and Analytics:
We use your information, individually and in the aggregate, to evaluate usage of the Service and viewing habits around our content and marketing communications. Sometimes we study broad categories, such as visitor demographics and sometimes we use multiple data points to find and study things like usage patterns.
To Publish Your Comments and Content:
Portions of the Service may invite you to provide comments or upload original content. We may publish this information on the Service, in advertising and promotion for the Service, and/or in any other way disclosed by the terms applicable to the sharing.
To Communicate with You:
We may use your information to communicate with you, such as to notify you when you have won a contest, when we make material changes to our subscriber agreements, the Service or other system requirements, to update you about your account and to provide customer support services and assistance. We may also communicate with you directly within the Service, including via push messaging, in-app messaging and via advertisements.
For Marketing Purposes:
We may provide you with newsletters or e-mail correspondence about the Service and our programs, or other products, programs or services that we think may be of interest to you. We may also use your information to create a personalized profile about you to help tailor your experience on our Service and to help customize our interactions with you to suit your preferences.
On certain of our Services, we may use information from your social media accounts to (i) give you exclusive content, (ii) personalize your online experience with us and (iii) where permitted by applicable law, contact you through these accounts or directly with the latest news, special offers and rewards from HBO.
Co-Branded Marketing Opportunities:
We sometimes offer content or promotional activities (such as contests, sweepstakes and events or activities) that may be sponsored by, presented or co-branded with identified third parties. The third parties may receive personal information that you voluntarily submit as a result of engagement with such content or activities. When you voluntarily submit information in this manner, how these third parties treat your information will be determined by their privacy policies.
Third Party Ad Servers*:
We sometimes work with third parties to present advertisements to you. We also use third party providers for data collection, reporting, ad delivery and response measurement and site analytics on our Services and on third party websites across the Internet and applications over time.
We may combine personal information collected via the Service with additional records such as information from our Affiliates, partners and distributors and publicly available information, including on social media sites and information received from third party sources.
We use combined information so that we can better market to you products, features, or Services that may be of interest to you based on your preferences and characteristics we have determined from this combined information. We may also use the combined information to help create segments that help us better identify potential audiences for our Services and to better inform our research and analysis of our Services, our content and our audience.
We may share information in aggregated form with vendors, partners and other third parties (such as Nielsen, movie studios, cable and satellite companies and social media platforms) for their own purposes, such as to analyze usage of particular items of content, including how often a particular film was streamed or how much of a particular film was watched.
Sharing Information with Affiliates:
HBO is a Warner Media company, and has a number of affiliated companies. We share your personal information with our Affiliates to identify products and services of our Affiliates that may be of interest to you, to create a more personalized profile about you for purposes such as to help tailor your experience on our Service or on the platforms of our Affiliates and for interest-based advertising, for research and analysis, to assist in the improvement of our Service or those of our Affiliates (for example by recommending to you programs that may be of interest) and in connection with promotions conducted by us, by our Affiliates, or jointly.
Sale of Assets or Change of Control:
In the event of a sale of assets or change in ownership, we may transfer your personal information to a successor or share your personal information with any person or entity that acquires ownership or control of HBO or the Service. If we're discussing the sale or transfer of part or all of our business, information may also be transferred to prospective purchasers under suitable terms as to confidentiality.
Investigations, Protection, Administrative and Legal Reasons:
We also use personal information for the establishment, exercise or defense of legal claims and for the purposes of legal process (which could involve us disclosing personal information to third parties, such as to courts or authorities in response to to a court order or a subpoena).
We work with vendors and partners to help carry out the functions described in this Policy on our behalf.
These vendors and partners include affiliate advertising network partners; marketing service providers; professional service providers (ex. customer service providers and billing providers); website support and maintenance service providers; market and trend research service providers; marketing technology service providers; IT software and platform providers and analytics providers.
A. DO NOT TRACK
We have not implemented a response to browser-based Do Not Track signals. Because of the current lack of consensus with respect to the Do Not Track standard from both a compliance and technical perspective, we have not yet determined how or if we would implement a response to Do Not Track signals. We will continue to evaluate this area.
B. YOUR CHOICES
How You can Access or Correct Information, or Opt Out:
You can access much of the personal information that you have provided to the Service online, or correct factual errors in such information, at the Settings section of the Service. To help protect your privacy and security, we will take reasonable steps to help verify your identity before granting access or making corrections to any personal information. For EEA visitors, you can also access information about cookies on the pop up screen when you first access the Service.
If at any time you wish to stop receiving promotional materials related to the Service, we will provide an unsubscribe link at the bottom of each promotional e-mail you receive or you can contact us at firstname.lastname@example.org or email@example.com. In most cases, for Services where you have registered an account, you can also go to the settings feature in your dashboard to opt out of newsletters and other promotional e-mails. Please keep in mind that opting out of promotional e-mails will not prevent you from receiving transactional e-mail correspondence related to, without limitation: the Service, your account and/or billing.
If you no longer wish to have any information collected by any mobile application included in the Service, you may uninstall the application by using the standard uninstall processes available on your mobile device or via the mobile application marketplace or network.
In some instances, certain information or services can be provided to you only if personal information is provided. If you elect not to provide such information, you may not be able to access certain content or information.
For more information about interest-based advertising on your desktop or mobile browser, and your ability to opt out of this type of advertising by third parties that participate in self-regulatory programs, please visit the Network Advertising Initiative and/or the DAA Self-Regulatory Program for Online Behavioral Advertising, or if you are a user in the EEA, Your Online Choices. Please note that any opt-out choice you exercise through these programs will apply to interest-based advertising by the third parties you select, but will still allow the collection of information for other purposes, including research, analytics, and internal operations. You will continue to receive advertising, but that advertising may be less relevant to your interests. For EEA visitors, you can also access information about cookies on the pop up screen when you first access the Service.
Your device may also include a feature ("Limit Ad Tracking" on iOS or "Opt Out of Interest-Based Ads" or "Opt Out of Ads Personalization" on Android) that allows you to opt out of having certain information collected through apps used for behavioral advertising purposes.
California -- Your California Privacy Rights:
Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of personal information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by HBO pursuant to Section 1798.83 of the California Civil Code, please contact us at firstname.lastname@example.org or email@example.com. Please allow 30 days for a response.
Collection of Information about Children:
HBO does not knowingly collect any personal information from individuals under the age of 16. If you are a parent or legal guardian who has discovered that your child has provided personal information without your consent, you can ask us to remove any unauthorized information provided by your child by contacting us at firstname.lastname@example.org or email@example.com.
We and/or our agents and contractors (such as mailing houses, customer service vendors or cloud services) store your information for as long as we have a legitimate business reason to do so or for as long as necessary to comply with our legal obligations or enforce our legal rights. The precise period for which that information will be retained will vary on a case-by-case basis. Such period will be determined on the basis of the following criteria:
the length of time that you have any registered account with us;
whether there are contractual or legal obligations that exist that require us to retain the data for period of time;
whether there is any ongoing legal claim that relates to any interaction you have with us, or that is otherwise related to your relationship with us; and
whether any applicable law, statute, or regulation allows for a specific retention period.
The registration features of the HBO GO and HBO NOW Services covered by this Policy are intended for U.S. residents only. Although many of our sites can be viewed internationally, many of our computer systems are currently based in the United States. Therefore, please note that all personal information will be processed by us in the U.S. For more details regarding how we collect, use, and disclose personal information from EEA visitors and the additional rights available to EEA visitors in respect of this personal information, see below:
Who Is Responsible for your Personal Information?
Home Box Office, Inc. will be the data controller for the personal information processing described in this Policy. Our contact details are:
1100 Avenue of the Americas
New York, NY 10036
If you are a subscriber to an EU service, you can contact our EEA representative at:
HBO Nordic, A.B.
Birger Jarlsgatan 6
114 34 Stockholm, Sweden
Legal Basis for Processing:
In the following circumstances, we process your personal information with your consent:
when you agree that we may place cookies and other similar technologies on your device other than those that are strictly necessary; and
online direct marketing (including email and other electronic messaging).
We process your personal information when we are required to do this by law. This applies in the following circumstances:
to prevent and detect fraud
tax related purposes
disclosures to law enforcement and other regulatory or government agencies in response to a legally binding request or warrant.
We also process your personal information when it is in our, or a third party’s, legitimate interests to do this and when these interests are not overridden by your data protection rights.
For example, we have a legitimate interest in:
Understanding how our customers use our Services;
Understanding and responding to customer feedback;
Researching and analyzing the services our customers want;
Improving our Services;
Personalising our offers so we're better able to provide offers and ideas that are relevant to you;
Providing security over our business and who we trade with; and
Developing and maintaining relationships with vendors, partners and other companies and dealing with individuals who work for them.
If you have any questions regarding the legitimate interests you can contact us at EUDataRequest@hbo.com.
When we ask you to supply us with personal information we will describe whether the information we are asking for: (i) must be supplied so that we can provide services to you under the terms of any contract you enter into with us or because it is required by law; or (ii) is optional, and the consequences of not providing the information.
The personal information about you described in this Policy that is provided by you or collected by you relating to your use of the Service, will be collected, or received, by HBO in the United States. This will involve the transfer of this personal information directly from the location from which you access the Service to the United States (for example, the information received from your device when accessing one of our websites). The processing of your personal information by HBO as described in this Policy does not involve the transfer of any of your personal information by HBO from within the EEA to any location outside the EEA.
You may ask us for a copy of your personal information, to correct it, erase it or to transfer it to other organisations at your request. You also have rights to object to some processing and, where we have asked for your consent to process your personal information, to withdraw this consent.
Where we process your personal information because we have a legitimate interest in doing so (as explained above), you also have a right to object to this. You also have the right to restrict processing in certain circumstances. These rights may be limited in some situations – for example, where we can demonstrate that we have a legal requirement or other legitimate grounds to process your personal information. We may ask you to verify your identity and to provide other details to help us to respond to your request.
If you wish to exercise these rights, please contact us at:
1100 Avenue of the Americas
New York, NY 10036
We hope that we can satisfy questions you may have about the way we process your personal information. However, if you have unresolved concerns you also have the right to complain to data protection authorities. You can bring the complaint in your member state of residence, place of work or where an alleged infringement of data protection law occurred.
Effective Date: November 7, 2018