PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY PERTAINING TO YOUR SMART TELEVISION (SMART TV). THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (OR YOUR COMPANY/ORGANIZATION) AND PANASONIC INDIA PRIVATE LIMITED (“Us/We/Our”)
While you have purchased the Smart TV, you acknowledge and agree that Panasonic India Private Limited (“Panasonic”) is only responsible for the hardware of Smart TV and the software of the Smart TV is owned and maintained by a third party Software Providers. Apart from the software of your Smart TV, there are certain third party owned licensed applications which are installed to can be installed on your Smart TV which is owned and managed by Google Inc. itself or through its authorized licensees.
- Data controller
- Data processing consent
Some of the collection, processing and/or use of your personal data require your consent to be confirmed by you while launching your Smart TV.
You may withdraw your consent to any of the above with effect for the future at any time. You may object to a use of your personal data for marketing, market or opinion research and to the tailoring of the Services to your needs. In order to withdraw your consent and/or to object, please change the privacy settings of your Smart TV accordingly.
- Personal data collected in order to improve your Smart TV user experience certain Software Provider or Google collects, processes, stores and uses the following data categories:
- Device-ID: Your Smart TV stores a fixed unique number that enables to identify and authenticate the Smart TV when you use the Services. This number is called the Device-ID. The Device-ID will be provided to Software Provider to provide you the Services. Software Provider may also provide the Device-ID to selected content partners for authentication purposes. These content partners use the Device-ID to authenticate your Smart TV for access to services provided by a content partner.
- IP address and MAC address: Your Smart TV will be assigned an IP address when accessing the Internet. This IP address will be transmitted to Software Provider and processed by Software Provider each time the Smart TV requests information or data from the Services. If your Smart TV is behind a router (e.g. in a local home network or local WLAN), Software Provider may collect and process the IP address of such router. The MAC address is a unique number assigned to each network interface of your Smart TV. The MAC address will also be collected and processed by Software Provider when the Smart TV requests information or data from the Services
- Service request data: Whenever you connect your Smart TV to the Internet and turn on the Smart TV, it will automatically connect to the Services, which are managed by Software Provider’s service partner such Google. Your Smart TV will then be authenticated as being certified for access to the Services. For authentication purposes, the Services store one or more unique numeric identifiers related to your Smart TV. When connecting to the Service, the Smart TV will transmit the IP address it has been assigned and will transmit device specific information (Smart TV model, software version) to look whether software updates are available.
- Service settings: As part of the regular functionality of the Services you can manually arrange the order in which apps are displayed by the Services. Software Provider’s service partner will store your arrangement and other preferences you may set during using the Services. This information will be linked to the Device-ID.
- Device specific information: The Smart TV stores several information about itself and its configuration. This information includes the Smart TV type, the version of the operation system of the Smart TV, its panel resolution, the project ID (i.e. information regarding configuration files), the user agent, browser name, browser version, and the language and country that have been configured in the Smart TV. This information will be used by Software Provider and will be provided to our service partner and content partners
- Advertising: The Services may serve advertisements. These advertisements are served by Software Provider or by third parties using advertising inventory assigned by Software Provider. All advertisements are served by means of, or via, our advertising server, which fulfills a coordinating role for the serving of advertisements. Software Provider’s advertising server or the third party advertising server may set a cookie on the Smart TV. Any website or web application (e.g. YouTube, Opera store) has the ability to share information with reference to a \”cookie\” (a text file) and to store it permanently on your Smart TV. This information is then transmitted with every call of the respective page. What data is collected here, alone determines the requested page. After the cookies are stored on the Smart TV, you can always delete the cookies either via the appropriate TV menu item or by resetting the device settings of the TV.
- Second screen usage: If you use second screen application, the controls you activate on the application and the country and language settings, DTV channel list, favorite channels lists, schedule lists,
- Device-ID, current channel, protocol version and IP address of your Smart TV will be collected and processed by Software Provider on their servers. Software Provider servers will then control your Smart TV as directed by you in the second screen app.
- “Red Button”: TV stations (“Stations”) may send additional information with their TV signal. If the Smart TV receives specific instructions in such addition information and if it is connected to the Internet, the Smart TV will download a picture or small page from the Station\’s website and display it together with the information to press the “Red Button” on your remote control if you want to use additional services provided by the Station. This happens each time you zap. Downloading the picture from the Station\’s website the Smart TV will transmit some personal data, i.e. the DTV channel list, current channel, event information table, TV time, IP address of your Smart TV and cookies stored on the Smart TV (if any). The Station is responsible for the collection, processing and/or use of this data. Moreover, if you use additional services offered by a Station through the Red Button, the Station may collect other personal data about you (e.g. which on-demand videos you watch, the news you read, etc.
- Purposes for which Software Provider process and/or use your personal data:
It is collected for the following purposes:
- Providing the Services: Software Provider use the IP address and MAC address, Device-ID, the\version of the operation system of the Smart TV, client type of your Smart TV and its panel resolution, the project ID (i.e. information regarding configuration files), your DTV channel list, viewed channels, time zone, country and language settings to provide your Smart TV with access to the Services and services provided by content partners. Purposes include (but are not limited to) authentication, providing location based services to you (e.g. weather forecasts); abuse handling, management of security incidents, monitoring of availability of the Services, and providing backup services of user preferences.
- Authentication: the Device-ID and MAC address shall be used for authentication purposes.
- Software updates: Each time your Smart TV is powered on, it will provide Software Provider with the IP address, Device-ID, software version, client type of your Smart TV, project ID (i.e. configuration files), user ID, serial number to offer you and provide you with appropriate software updates
- Improving the Services: Software Provider use aggregated and anonymized usage data (i.e. data about your interaction with the Services) to improve the user experience of the Services.
- Optimizing advertisements: Software Provider use data related to advertising views and clicks on advertisements to optimize the advertising experience of consumers in the Service
- Discounts: Software Provider provides the Device-ID to selected content partners to enable these partners to identify to what extent they can provide you with free access to Video on Demand titles in their collection
- Law enforcement: Software Provider may be required to provide data to competent law enforcement authorities or courts of justice. If it is so done, it will be subject to a binding legal instrument like a warrant or a judicial order, which requires to cooperate with the relevant authorities. Use of the Services is possible by using pseudonyms, unless specific services require that you provide your name and/or email address.
- Categories of recipients:
Your personal data collected during your use of the Services will be shared only with the following third parties:With third party providers of Smart TV services if you request such services including Google applicationsWith third party content partners if you request certain content provided by such content partners (e.g in order to provide you with the GoLive IP TV service, we may share your TV client type, IP address and language settings with the legal entity providing the GoLive service)Your personal data would be shared with other third parties only if we/ Software Provider are obligated to do so on the basis of legal requirements (e.g. to courts or criminal prosecution authorities), you have consented to the respective sharing or the sharing is otherwise lawful under applicable law
- Countries in which your data will be processed
The recipients of your personal data listed above are located outside of the European Union/European Economic Area (i.e. in the following countries: Peoples Republic of China, United States of America). Therefore, your personal data will be processed in the applicable countries in compliance with the country specific personal data protection laws and regulations only. It is clarified that in case you fall in any category of subject of European Union/European Economic Area, you shall not use these Services in any manner whatsoever.
- Your rights
You may contact us in order to receive information about your personal data processed and/or
to exercise your statutory rights regarding access, rectification, deletion and blocking of your personal data; and\/or to object the processing of your personal data for purposes of marketing and\/or market or opinion research.
- Contact information
- NO WARRANTY BY PANASONIC
- LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PANASONIC BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE/ SOFTWARE SERVICES/GOOGLE AND/OR ANY OTHER INTERNET ENABLED APPLICATIONS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE)
IT IS DECLARED THAT PANASONIC FOLLOWS THE PRIVACY PROTECTION LAWS UNDER INFORMATION TECHNOLOGY ACT 2000 AS AMENDED FROM TIME TO TIME (“INDIAN PRIVACY LAW”) AND WHERE THERE IS A CONFLICT WITH ANY OTHER INTERNATIONAL LAW OR GUIDELINE, THE PROVISIONS OF INDIAN PRIVACY LAW SHALL PREVAIL. IN PARTICULAR, PANASONIC DOES NOT SUBJECT ITSELF TO THE JURISDICTION OF EUROPEAN UNION/EUROPEAN ECONOMIC AREA. ANY DATA SUBJECT WHO INTENDS TO BE PROTECTED BY GDPR/EUROPEAN UNION/EUROPEAN ECONOMIC AREA, AND NOT BY INDIAN PRIVACY LAW SHALL NOT USE ANY OF THE SERVICES OF THIS SITE OR ITS NETWORKED SITES. ANY CLAIMS MADE UNDER ANY STATUTES OR REGULATIONS OTHER THAN INDIAN PRIVACY LAW REGARDING PRIVACY PROTECTION OR OTHERWISE ARE UNACCEPTABLE AND MAY BE DEEMED AS MALICIOUSLY INTENDED.
- Governing Law and Jurisdiction