Last Updated: 5/1/2018
Samsung Electronics America, Inc. and its subsidiary Samsung Research America, Inc. (collectively, “Samsung”), respect your concerns about privacy. Samsung participates in the EU-U.S. and Swiss-U.S. Privacy Shield frameworks (collectively, the “Privacy Shield”) issued by the U.S. Department of Commerce. Samsung commits to comply with the Privacy Shield Principles with respect to Consumer Personal Data the company receives from the EU and Switzerland in connection with Samsung SmartTVs. This Policy describes how Samsung implements the Privacy Shield Principles for such Personal Data.
For purposes of this Policy:
“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
“Consumer” means any natural person who is located in the EU or Switzerland, but excludes any individual acting in his or her capacity as an Employee.
“Employee” means any current, former or prospective employee, contractor, intern or temporary worker of Samsung or any of its EU or Swiss affiliates, or any related individual whose Personal Data Samsung processes in connection with an employment relationship, who is located in the EU or Switzerland.
“EU” means the European Union and Iceland, Liechtenstein and Norway.
“Personal Data” means any information, including Sensitive Data, that is (i) about an identified or identifiable individual, (ii) received by Samsung in the U.S. from the EU or Switzerland, (iii) recorded in any form, and (iv) obtained by Samsung in connection with Samsung SmartTVs.
“Privacy Shield Principles” means the Principles and Supplemental Principles of the Privacy Shield.
“Processor” means any natural or legal person, public authority, agency or other body that processes Personal Data on behalf of a Controller.
“Samsung SmartTVs” means Internet-connected (i) television sets and (ii) Blu-Ray players and other content-delivery devices that connect to television sets that are made available by Samsung Electronics Co., Ltd. or its affiliates.
“Sensitive Data” means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership (including trade union-related views or activities), sex life (including personal sexuality), information on social security measures, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings (including administrative proceedings and criminal sanctions).
Types of Personal Data Samsung Collects
The types of Personal Data Samsung collects from Consumers when they use Samsung SmartTVs include:
· Information about the networks, channels, programs and advertising that Consumers view through Samsung SmartTVs and the amount of time spent viewing them;
· Information about content that Consumers have watched, purchased, downloaded or streamed through Samsung applications on Samsung SmartTVs;
· Information about applications Consumers have accessed through the Samsung SmartTV panels;
· Information about Consumers’ clicks on the “Like,” “Dislike,” “Watch Now,” and other buttons on Samsung SmartTVs;
· The query terms Consumers enter into Samsung SmartTV search features, including when Consumers search for particular video content; and
· Other Samsung SmartTV usage and device information, including IP address; information stored in cookies and similar technologies; device model; randomized, non-persistent, and resettable device identifier called PSID; information that identifies Consumers’ hardware or software configuration; browser information; and the page(s) Consumers request.
Samsung also may obtain and use Consumer Personal Data in other ways for which the company provides specific notice at the time of collection.
Samsung’s privacy practices regarding the processing of Consumer Personal Data comply with the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability.
Relevant information also may be found in notices pertaining to specific data processing activities.
Samsung generally offers Consumers the opportunity to choose whether their Personal Data may be (i) disclosed to third-party Controllers or (ii) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant Consumer. To the extent required by the Privacy Shield Principles, Samsung obtains opt-in consent for certain uses and disclosures of Sensitive Data. Consumers may contact Samsung as indicated below regarding the company’s use or disclosure of their Personal Data. Unless Samsung offers Consumers an appropriate choice, the company uses Personal Data only for purposes that are materially the same as those indicated in this Policy.
Samsung shares Consumer Personal Data with its affiliates and subsidiaries. Samsung may disclose Consumer Personal Data without offering an opportunity to opt out, and may be required to disclose the Personal Data, (i) to third-party Processors the company has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements. Samsung also reserves the right to transfer Personal Data in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation).
Accountability for Onward Transfer of Personal Data
Except as permitted or required by applicable law, Samsung provides Consumers with an opportunity to opt out of sharing their Personal Data with third-party Controllers. Samsung requires third-party Controllers to whom it discloses Consumer Personal Data to contractually agree to (i) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant Consumer, (ii) provide the same level of protection for Personal Data as is required by the Privacy Shield Principles, and (iii) notify Samsung and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party Controller determines that it cannot meet its obligation to provide the same level of protection for Personal Data as is required by the Privacy Shield Principles.
With respect to transfers of Consumer Personal Data to third-party Processors, Samsung (i) enters into a contract with each relevant Processor, (ii) transfers Personal Data to each such Processor only for limited and specified purposes, (iii) ascertains that the Processor is obligated to provide the Personal Data with at least the same level of privacy protection as is required by the Privacy Shield Principles, (iv) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Personal Data in a manner consistent with Samsung’s obligations under the Privacy Shield Principles, (v) requires the Processor to notify Samsung if the Processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, (vi) upon notice, including under (v) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the Processor, and (vii) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce, upon request. Samsung remains liable under the Privacy Shield Principles if the company’s third-party Processor onward transfer recipients process relevant Personal Data in a manner inconsistent with the Privacy Shield Principles, unless Samsung proves that it is not responsible for the event giving rise to the damage.
Samsung takes reasonable and appropriate measures to protect Consumer Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Data.
Data Integrity and Purpose Limitation
Samsung limits the Consumer Personal Data it processes to that which is relevant for the purposes of the particular processing. Samsung does not process Consumer Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Consumer. In addition, to the extent necessary for these purposes, Samsung takes reasonable steps to ensure that the Personal Data the company processes is (i) reliable for its intended use, and (ii) accurate, complete and current. In this regard, Samsung relies on its Consumers to update and correct the relevant Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized. Consumers may contact Samsung as indicated below to request that Samsung update or correct relevant Personal Data.
Subject to applicable law, Samsung retains Consumer Personal Data in a form that identifies or renders identifiable the relevant Consumer only for as long as it serves a purpose that is compatible with the purposes for which the Personal Data was collected or subsequently authorized by the Consumer.
Consumers generally have the right to access their Personal Data. Accordingly, where appropriate, Samsung provides Consumers with reasonable access to the Personal Data Samsung maintains about them. Samsung also provides a reasonable opportunity for those Consumers to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate. Samsung may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Consumer’s privacy in the case in question, or where the rights of persons other than the Consumer would be violated. Consumers may request access to their Personal Data by contacting Samsung as indicated below.
Recourse, Enforcement and Liability
Samsung has mechanisms in place designed to help assure compliance with the Privacy Shield Principles. Samsung conducts an annual self-assessment of its Consumer Personal Data practices to verify that the attestations and assertions Samsung makes about its Privacy Shield privacy practices are true and that Samsung’s privacy practices have been implemented as represented and in accordance with the Privacy Shield Principles.
Consumers may file a complaint concerning Samsung’s processing of their Personal Data. Samsung will take steps to remedy issues arising out of its alleged failure to comply with the Privacy Shield Principles. Consumers may contact Samsung as specified below about complaints regarding Samsung’s Consumer Personal Data practices.
If a Consumer’s complaint cannot be resolved through Samsung’s internal processes, Samsung will cooperate with JAMS pursuant to the JAMS Privacy Shield Program, which is described on the JAMS website at http://go.adr.org/privacyshield.html or https://www.jamsadr.com/eu-us-privacy-shield. JAMS mediation may be commenced as provided for in the JAMS rules. Following the dispute resolution process, the mediator or the Consumer may refer the matter to the U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement powers over Samsung. Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about Samsung’s compliance with the Privacy Shield Principles.
How to Contact Samsung
To contact Samsung with questions or concerns about this Policy or Samsung’s Consumer Personal Data practices:
Chief Privacy Officer
Samsung Electronics America
85 Challenger Rd
Ridgefield Park, NJ 07660