The terms “Dailymotion Service” or “Service” refer to the following: the Dailymotion principal website accessible at www.dailymotion.com and at any of its local versions (the “Dailymotion Site”), the Dailymotion secondary websites (“Secondary Sites”), the Dailymotion video player when it is embedded onto any website (the "Video Player"), the Dailymotion apps and web-apps (the “Dailymotion Applications”) as accessible via any current or future device capable of distributing the Dailymotion Site and/or the Video Player, together with any Dailymotion products, content, channels, software, data feeds, services and functionality.
The term “Commercial Partner” refers to entities Dailymotion may cooperate with while carrying out its Services. In particular, Commercial Partners may include content editors, advertisers, media agencies and other actors of the on-line marketing sector. Dailymotion belongs to the Vivendi group of companies. Some of the Commercial Partners may also be a part of the Vivendi group and thus will also be Dailymotion’s affiliates.
The term “Content” refers to videos available on the Service.
1.1. Dailymotion’s Role in Processing of Personal Data
If you reside in a country that is part of the European Economic Area, the GDPR is applicable to the collection of your Personal Data. If you reside outside of the EEA, local laws are applicable to such collection.
Note that the laws applicable to further processing of your Personal Data depend on your country of residency and that of an entity that uses your Personal Data.
In some cases, Dailymotion and its Commercial Partners may process your Personal Data together for joint purposes. Under these circumstances, Dailymotion and these Commercial Partners act in their role of Joint Controllers.
Your Personal Data may also be processed by our Commercial Partners (or by their respective Data Processors) for purposes that each of them defines independently. It is the Commercial Partners who are Data Controllers for such Processing of your Personal Data; the role of Dailymotion is limited to the collection of consent on Commercial Partners’ behalf (if applicable), transmission of collected consent to such Commercial Partners and providing you with access to their respective privacy policies and consent management mechanisms.
Dailymotion may also participate in implementation of some Personal Data Processing operations carried out by our Commercial Partners. In such cases, Dailymotion acts in its role of a Data Processor while our Commercial Partners remain Data Controllers.
1.2. Legal Basis for Processing of Personal Data
The GDPR provides several situations upon which Dailymotion can rely for Processing of Personal Data, namely consent, contractual necessity, compliance with a legal obligation, vital interests of data subjects, public interest or legitimate interest. Similarly, applicable laws may provide other or similar legal bases, as explained further below in the country specific sections.
When Processing of your Personal Data requires your consent, we ask you to communicate your consent either via a positive action (e.g. by activating “Accept” button on our Site, Secondary Site or Video Player) or via an explicit decision for each of the purposes your consent is being collected for, in accordance with applicable laws.
Dailymotion participates in the “Transparency & Consent Framework” (“TCF”), developed by the Interactive Advertising Bureau (IAB) and complies with its Specifications and Policies. We operate a TCF-compliant Consent Management Platform (IAB / TCF identification number 105) for the consent collection and management for Dailymotion’s and our Commercial Partners’ data processing activities in connection with Dailymotion Service and, in general, for the communication of user consent information to our Commercial Partners. Dailymotion is also registered with the IAB as a Vendor (IAB / TCF identification number 573).
You can always choose not to consent to Processing of some of your Data, withdraw your consent, or oppose such Processing (unless the applicable laws authorize or require us not to take into account such decision) as further explained herein. However, this may limit your ability to take full advantage of the many features we offer, including features that are needed for our Service to operate as it is intended to and, consequently, seriously deteriorate your user experience. If you do not agree to the collection and use of Data needed for our Service to operate at its optimal capacities, we strongly advise you not to use Dailymotion Service as we will not be capable of providing you with the high quality service you may expect from us.
1.3. Transfer of Data
The Data collected by us through our Service may be sent to and stored on servers located in the United States, France, and other countries around the world.
We ensure that legally required, appropriate contractual or other mechanisms are present prior to transfers of Data outside of the EEA.
- 1.1. Dailymotion’s Role in Processing of Personal Data
DATA WE COLLECT
We may collect Personal Data that can identify you directly, such as your name and email address, and other information that does not identify you directly. This Section explains what Personal Data we collect and how we collect such information.
2.1. Categories of Data We Collect
2.1.1 Data You Provide to Us
We collect Personal Data you provide to us when you interact with the Dailymotion Service, including when you sign up for an account, upload Content, create a playlist or share a playlist with others. For instance, when you register to use the Dailymotion Service, we may collect your name, email address, birth date, gender, and other similar information. If you are a member of the Dailymotion Partner Program, Dailymotion may also collect your payment information, such as your address, bank account details and authentication information, as well as billing, shipping and contact details. Note that we do not collect your credit card details. In addition, Dailymotion may collect information you provide to us when you respond to surveys, set your preferences on the Dailymotion Service, directly contact Dailymotion through the Dailymotion Help Center or by other means, or agree to participate in promotions that Dailymotion may offer from time to time. Dailymotion also allows multiple profiles to be set up under one account, so we may collect information you provide to us if you create such profiles.
2.1.2 Usage and Log Data
We collect information when you use the Dailymotion Service or view Dailymotion ads outside of the Dailymotion Service. We may also collect information from or about the computers, phones, tablets, or other devices where you install Dailymotion Applications or otherwise access the Dailymotion Service, depending on the permissions you have granted. Examples of this information may include your IP address, device ID number, settings of the browser and software you use (such as type and version of an operating system or its language settings), activity on the Dailymotion Service including information about the videos you watch on the Service (e.g. video titles and categories), about the ads you are being shown and your interaction with them, the frequency and duration of your activities, page views, referral URLs, network state, and carrier information.
2.1.3 Account and Profile Data from Third-Party Services
If you choose to log-in, access or otherwise connect to the Dailymotion Service or contact Dailymotion through a third-party service (e.g. Facebook), such method being completely optional and subject to your exclusive decision, we may, in order to execute your choice of a log-in or contact method, collect your user ID and user name associated with that third-party service as well as any other information you make public using that service. We may also collect information you have authorized the third-party service to share with us (such as, for example, your user ID, billing information, public profile information, email address, birthday, and profile data).
2.1.4 Third-Party Data
We may, if you authorized such third parties to share such information with us or if we believe that such sharing is in conformity with the applicable laws, receive from them or share with them information about you originating from other sources, such as data aggregators, public databases, and our Commercial Partners, be it affiliated or unaffiliated entities. Shared data (whether identified, pseudonymized or anonymous and whether collected online or offline) may include information about your interests, demographic data, purchasing behavior, and your online activities (such as websites you have visited and/or advertisements you have viewed).
- 2.1.1 Data You Provide to Us
2.2. How the Data Is Collected
Like many online services, we use, directly or via our subcontractors, various technologies to collect usage data and store your user settings. The Data thus collected helps us propose, protect and improve the Dailymotion Service and to personalize your user experience by adapting the Content and advertising to your taste.
A “cookie” is a small data file that is transferred to your computer’s hard disk. A cookie life is limited to its purpose and does not, in general, exceed 13 months. A cookie expires upon the end of its validity period. A cookie may be deleted before the end of its validity period if you or the technologies you use (e.g. your operating system) do so. The different categories of cookies and assimilated technologies we use are further described below.
- - Cookies and Local Storage
We may use both session cookies and persistent cookies to offer you a high quality Service, better understand how you interact with the Dailymotion Service or with marketing material advertising the Dailymotion Service outside of our Service; to monitor aggregate usage by our users and web traffic routing on the Dailymotion Service; to customize Content and advertising; to respect the rights of the Content rights holders or that of advertisers and to be in conformity with obligations imposed by applicable laws. We may create a unique device or user ID (“Service ID”) for you and store it in a cookie so we can customize your experience based on your preferences. These uses allow us to create a better experience for you on the Dailymotion Service.
We may collect information through other kinds of local storage (also referred to as "Flash cookies") and HTML5 local storage, including in connection with features such as volume/mute settings for the Video Player. These technologies are sometimes referred to as "browser cookies" even though they may be stored in different parts of your computer.
Most Internet browsers automatically accept cookies. By changing your browser settings, you can instruct your browser to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. For further information on disabling cookies or deleting information contained in cookies in general, please click here. Please note that disabling cookies or deleting information contained in cookies or Flash cookies may interfere with the performance and features of the Dailymotion Service, including the Video Player. For example, we may not be able to store your preferences (such as the language to be used by the Service) or login information (such as keeping your connection session active thus allowing you to be automatically recognized by the Services when you repeatedly access Dailymotion Service on the same device) or customize the Content and advertising to your online viewing habits.
- - Web Beacons, Pixels and other Trackers
In addition to cookies, we may use other similar technologies such as web beacons or pixel tags, which can be embedded in web pages, videos, or emails. These technologies are mainly used to learn whether you have viewed a particular web page, ad, or email message; and determine other usage details including the time and date on which you viewed Content, the IP address of your computer, and the URL of the web page from which the Content was viewed.
- - Mobile Device Identifiers and Software Development Kits ("SDKs")
We may use or work with third parties, including our Commercial Partners and service providers, who use mobile SDKs to collect information such as advertising identifiers (e.g., "ad-ID" or "IDFA") and information related to how mobile devices interact with the Dailymotion Service. An SDK is computer code that app developers can include in their apps to enable ads to be shown, data to be collected and related services and functionality to be implemented (a mobile SDK is a mobile app version of a pixel tag or beacon, described above). For instance, we may use this technology to analyze how you interact with Content and advertisements and to enable analytics or other features through mobile devices.
The uses of these various technologies, notably in connection with advertising on the Dailymotion Service, are further explained in Section 3 below.
- - Cookies and Local Storage
- 2.1. Categories of Data We Collect
PURPOSES FOR DATA PROCESSING
3.1. Purposes for which Data is Processed by Dailymotion
We receive or collect Data, either directly or via our service providers, because we are passionate about creating an engaging and relevant experience for our users, and in order to ensure that the rights of Content right holders and advertisers are respected. We may also share some of your data with Dailymotion’s affiliated companies (Vivendi group companies) or with other Commercial Partners to better understand what you may be interested in.
We use all of the legitimately collected or received information to help us provide and support the Dailymotion Service with a first-class user experience that is adapted to each user’s tastes, as varied as they may be. The way we actually use the Data about you depends on how you use the Dailymotion Service.
3.1.2. Purposes for which Data is Processed
Dailymotion may process the Data for the following purposes :
- Provide, Improve and Develop the Dailymotion Service. We are able to deliver the Service, personalize the Content and advertisements, evaluate the quality of our platform and the Content and make customized recommendations for you by using Data collected on our Service. We analyze that Data to understand how you use and interact with the Dailymotion Service and discover the things you’re interested in on and off our Service and ultimately provide you with the best user experience we can offer. For example, we collect your authentication data to allow you to connect to your account, and we collect information on your language setting preferences to provide you with the Dailymotion Service in the language of your choice. We may conduct surveys and research, test features in development and analyze the information that we have in order to evaluate and improve our existing products and services, develop new offerings or features and conduct maintenance and troubleshooting activities.
Communicate with You. We may use your Data to send you marketing communications, communicate with you about the Dailymotion Service and update you about our policies and terms. We also may use your information to respond to you when you contact us, or for any other purpose that is disclosed to you at the time we collect the Data or that is related to a request made by you or related to you. To learn about opting out of promotional communications, please see the information we have provided in Section 9 below (“Your Rights & Opting-Out”).
Show and Adapt Ads. Dailymotion offers its users the opportunity to watch numerous videos without charging any fee in return. Such free of charge service can only be possible thanks to the presence of advertisements. We may use Data we have, including information received from our Commercial Partners, to evaluate and improve our advertising and analytics systems so that the ads shown to you on and off our Services are customized and of real interest to you. We also use Data to limit the quantity of advertisements you are shown on our Service to allow you to fully enjoy the Content. By processing some of your Data we also measure the effectiveness and reach of ads and services. Your Data may be shared with our Commercial Partners to inform them about your decision whether or not to allow processing of your Personal Data and, if you agreed, to allow them to estimate whether the products or service for which they run advertising campaigns may be of interest to you. To learn about opting out of interest-based or online behavioral advertising, please see the information we have provided in Section 8 below ("Your Rights & Opting-Out") or exercise your choices via Dailymotion’s “ Manage Cookies” section available on our Service.
Pay You. If you are a member of the Dailymotion Partner Program, we use your billing information, such as your billing address or payment methods details, to proceed with payment of sums generated under our Partner Program monetization features. If you choose a third-party payment method, we will communicate to the payment service provider of your choice all information necessary to process due payments and may receive from such payment service provider the receiving account details and related payment confirmations. The exact information communicated or received depend on the payment service provider chosen, the payable amounts and then-current requirements of laws and regulations applicable to financial transactions. Note that we do not use or otherwise access your credit card information.
Your Geographic Location. We may collect your device’s location data (limited to the city level only). This information not only allows us to serve you Content related to your local area, such as local news and sports videos, but enables us to ensure the respect of Content geo-restrictions imposed by the Content right holders. This Data may also be used to tailor advertising to you based on your location by, for example, not showing you ads for services unavailable at your location.
Elaborate Aggregated or Anonymized Statistics. We may “de-identify” information about you and/or other users, which means that the Data is modified (anonymized or aggregated with other information) so it no longer personally identifies you. We may then use this “de-identified” information for any legitimate internal and external business purpose, including for research and analysis of the Dailymotion Service, improving our capacity to deliver customized advertisements, and for promoting our Service to future users, Commercial Partners and other business partners.
Ensure Safety and Security of Dailymotion Service and its Conformity with Applicable Laws. We may use the Data to ensure the security of our Service and anti-fraud protection. Our dedicated engineering teams do so by using automated procedures and advances technologies such as data encryption and machine learning. Consequently, your Data may be processed as part of investigation of suspicious account activities or violations of our legal terms and policies. In conformity with our legal obligations, Dailymotion maintains connections logs linked to each user’s account activities and communicates them, if requested to do so pursuant to applicable legal procedures, to duly authorized public authorities.
- 3.1.1. General
3.2. Purposes for which Data is Processed by our Commercial Partners
When you watch Content or ads on the Dailymotion Service our Commercial Partners may process, either directly or via their respective subcontractors, information about you and your use of our Service. They may use this information, including in combination with other data they have access to, in order to adapt content and ads that may be shown to you on our and on third parties’ services. While doing so, our Commercial Partners process your Personal Data in their capacity as Data Controllers and follow privacy policies that are their own.
Your Data may be disclosed to or shared with our Commercial Partners. In particular, we and our affiliated companies. (Vivendi group companies) may share the information we have about you. We do so for a common purpose - in order to learn more about your tastes and offer you more personalized services, products and ads
When disclosed Data is used by a Commercial Partner for its own purposes, it is that Commercial Partner who is a Data Controller for the Processing it undertakes.
Dailymotion works with a large number of Commercial Partners. The list of Dailymotion Comercial Partners is published on our Service and may be consulted at all times from within the “Manage Cookies” section. Note that it does not mean that when you watch a video on our Service all of these Commercial Partners process your Personal Data. Only the Commercial Partners (or their technical service providers) involved in posting the ads shown to you or publishing Content that you watch on Dailymotion Service process your data. The identity of our Commercial Partners who actually process your data depends on the Content and ads you watch on our Service.
As a Data Controller, each Commercial Partner determines the purpose for which it wishes to process your Personal Data. These purposes may include the development, improvement and delivery of their services, audience and service analytics, personalization and adaptation to your centers of interest of their content, commercial offerings and ads, whether on or outside of the Dailymotion Service, conformity with their respective contractual and legal obligations, such as, for example, geographic restrictions of their content exploitation rights, calculation of applicable fees or anti-fraud measures.
Note that refusing the use of your Personal Data for ad-targeting purposes will not block advertisements. You will still see ads, but they will be less pertinent to your interests.
If you wish to learn more about the purposes for which our Commercial Partners process your Personal Data and the legal basis such processing is based on, we advise you to read their respective privacy policies accessible via links listed within the Commercial Partners List. For reasons inherent to the dynamic character of the online activities, this list of Dailymotion Commercial Partners may evolve and is subject to changes. The list will be updated periodically, and we invite you to consult it regularly for the most up-to-date information.
- 3.1. Purposes for which Data is Processed by Dailymotion
4.1. Social Networking and Single Sign-On Services
When you choose to share information with social networking services or single sign-on services about your activities on the Dailymotion Service, such as videos you watched or “liked” on Dailymotion Service, such information about you and your activities is shared with that social network or single sign-on service.
Sharing with Facebook or Google. If you connect to Dailymotion through your Facebook or Google accounts you may choose to share information about your activities on the Dailymotion Service with Facebook or Google and their users, by, for example, publishing on Facebook or Google information about the videos you watch on Dailymotion. Furthermore, if you visit Dailymotion while logged-in to Facebook or Google, then those entities may record your browser details and combine technical information from your web browser with other information that each of them already knows about you. Your decision to share information about your activities on the Dailymotion Service within your Facebook or Google profile may result in Dailymotion sending relevant information about you to Facebook or Google. Facebook or Google may then make that information visible to their respective users in accordance with applicable law, their own data and privacy policies, and your Facebook or Google privacy settings. We recommend you familiarize yourself with Facebook’s and Google’s respective data and privacy policies and available account privacy controls. We remind you that Dailymotion is independent from these third-party companies and that any privacy settings you might have chosen on the Dailymotion Service are not applicable on Facebook, Google or any other social network account.
4.2. Commercial Partners
We work with a number of Commercial Partners who help us offer and improve the Dailymotion Service. Such Commercial Partners include, for example, our Content programmers, distributors, and other actors of the digital industry. We may disclose information collected from or about you to such Commercial Partners (or their authorized service providers) when we are legally authorized to do so, but such disclosure is always accompanied by appropriate technical, organizational or contractual measures aimed at ensuring the integrity and security of your information (e.g., aggregation, anonymization, etc.).
In particular, we may share information, generally in the aggregated, encrypted or anonymized form, about you with advertisers and advertising-related service providers. Some Data needs to be shared for technical reasons (e.g., to deliver advertising videos on your screen). Some Data is shared in order to make ads relevant and interesting to you or measure and improve the effectiveness of advertising campaigns. This information includes Data on your digital identifiers, devices used or online activities in relation to your use of the Dailymotion Service, such as the websites you have visited and advertisements you have viewed. For example, we may tell an advertiser how its ads performed, or how many people viewed its ads or installed an app after seeing an ad, or provide non-personally identifying demographic information (such as a female between 25 and 30 years of age, living in New York) to these advertisers to help them understand their audience or customers, but only after the advertiser has agreed to abide by strict confidentiality obligations. Note that we do not share directly identifiable information about you (such as your email address) with advertisers and advertising-related service providers.
4.3. Service Providers
Like most companies, we contract third parties to provide specialized services for us. We may share some of your Data with our service providers who provide us with specialized technical solutions, who are billing facilitators (e.g. PayPal or Payoneer), or who help us analyze and process data (e.g. provide analytic software helping us to improve ads relevancy), mange user accounts, host our websites and content, provide customer support, marketing tools (emails, on-line communication and letters) or otherwise assist us with provisions of the Dailymotion Service.
4.4. Audience Measurement Providers
Our Commercial Partners, such as content providers and advertisers, seek to measure the performance of their videos across many platforms, including the Dailymotion Service. Accordingly, Dailymotion may use and permit the use on its Service of independent, industry-standard, third-party measurement software (e.g. Nielsen or comScore) that enables us or our Business Partners to include your video views in our or their measurement statistics. We may also share our own usage statistics, in anonymized or aggregated form, with these Business Partners.
To learn more about your choices with respect to audience measurement software, please see the information we have provided in Section 9 ("Your Rights & Opting-Out").
4.5. Public Authorities and Legal Counsel
Furthermore, if you notify us that you believe your legal rights have been violated by Dailymotion or another user of the Dailymotion Service, we may provide the Data that you provide to us to others to the extent that we believe it is necessary to evaluate and respond to your complaint.
4.6. Third Parties in Connection with Certain Transactions
If we sell all or part of our business, make a transfer of assets, or are otherwise involved in a change-of-control transaction, or in the event of bankruptcy, we may transfer information from or about you to one or more third parties as part of the transaction, including as part of the due diligence process. Please note that in such a case your Data would be shared only as an integral part of the Dailymotion Service and not sold or transferred separately from the Service to third parties.
4.7. Parties You Consented or When You Otherwise Choose to Share Your Data
- 4.1. Social Networking and Single Sign-On Services
DATA SECURITY AND ACCOUNT ACCESS
5.1. Data Security
The security of your Data is important to us. Our goal is to make you feel confident and safe when using the Dailymotion Service.
We use a variety of physical, technical, and administrative measures to safeguard information in our possession against loss, theft and unauthorized use, disclosure, and modification. For example, we take steps to limit access to sensitive information from or about you to only those Dailymotion employees, agents, and contractors who have a legitimate business reason to access such information. We also use measures like encryption and hashing to help protect sensitive information when in transmission, and firewalls to help prevent unauthorized persons from gaining access to your Personal Data. We also use techniques such as data aggregation to render it more difficult to link and trace information to you.
Despite these efforts, there is always a possibility that a breach in data transmission or storage may occur. We want you to feel confident in our security when using the Dailymotion Service, but we cannot guarantee the absolute security of Data at all times. We advise you to exercise caution and, in particular, to use a unique password for your Dailymotion account, i.e. a password that you do not use for any other service you have an account with (which could prevent, in the event your Dailymotion password confidentiality is breached, unauthorized access to these other accounts), to change your password if you suspect its fraudulent use and contact us if you notice any suspicious activities on your Dailymotion account.
5.2. Account Access
If you have an online account with us, your Personal Data can be reviewed online from within your account settings. You can also update that information either via the account settings or by contacting us (see Section 10.6 “Contact Us” for more details).
Your account is unique to you and protected by a user-generated password. We advise you to choose a unique and complex password, not to disclose it to third parties, and change it if you have any doubts as to its confidentiality. Do not hesitate to contact us if you observe any suspicious activity on your account.
Please note that if you allow others to use your account (including by authorizing others to set up profiles within your account), they may be able to view information about your account (e.g. your email address) or any of the profiles created within your account (e.g. videos you have viewed). You should exercise caution while handling and disclosing your Personal Data on our Service and avoid sending it through insecure email. Please refer to the Federal Trade Commission’s website at for further information on how to protect yourself from identity theft.
- 5.1. Data Security
We have a legal obligation to store some Data, such as information associated with the identity of an account holder (retained for a period of one year following the deletion of an account) or invoicing details. If you ask us to delete your Data, provided that its retention is not required or expressly authorized by the applicable laws, the Data is deleted or anonymized and used for statistical purposes only. Please note that you may always exercise your right to erase your Personal Data stored in our system pursuant to the conditions set out in Section 9 below.
YOUTH RESTRICTIONS AND PARENTAL CONTROL
The age limit that determines whether a person is a Junior is defined by the laws applicable in your country of residence and generally varies from 13 to 16 years of age.
In addition, Juniors should not use or access our Service without the involvement and consent of a parent or guardian.
Dailymotion Service is intended for the general public. It does not specifically cater to any specific age or interest group. When you visit our Service, we do not know your age. Despite lacking that knowledge, we have designed some Service features protecting young audiences. In particular, a parental control is activated by default when using our Service.
If you are the parent or legal guardian of a Junior, and that child has somehow registered with Dailymotion without your approval and contrary to our Terms and Conditions, please contact Dailymotion’s support team, available 24/7 through the Dailymotion Help Center to initiate an account deletion procedure. When submitting your request, please provide us with a sworn statement confirming that you are either a parent exercising full parental rights or a legal guardian of the child and indicate your full name and address, the child's full name and address, your relationship to the child and your email address. Dailymotion will use this information only to process your request and verify that you are the child's parent or legal guardian, and for no other purposes.
YOUR RIGHTS & OPTING -OUT
Depending on your country of residence, you may be entitled to access, correct and/or delete the Data you have provided to us, by requesting to do so through the setting of your account, or by reaching out to the Dailymotion Help Center via the dedicated section. Any such request needs to be accompanied by a copy of your ID in order to allow us to confirm that you are the data subject or otherwise a person authorized to exercise these rights. Depending on the content of your request you may be asked to provide further documents as needed to confirm conformity of your request with legal requirements and identify the Personal Data to which the request pertains.
8.2. Change of Privacy Settings for Promotional Communications
You may decide not to receive promotional communications from Dailymotion by accessing your account and clicking on "Manage Email Notifications." You may also communicate to us your decision not to receive promotional communications by clicking the "unsubscribe" link in a particular promotional message.
Note that you cannot opt out from receiving all communications from Dailymotion, including administrative messages, service announcements, and messages regarding the terms and conditions of your account because those may contain important information necessary to using the Dailymotion Service.
You can choose to receive push notifications from Dailymotion on your device. If you do not wish to receive push notifications, you can use your device’s settings to turn them off.
8.3. Options for Third-Party Online Behavioral or Interest-Based Advertising on Websites (including Mobile Websites)
Dailymotion offers its users the ability to make choices about the use of their information for ad targeting. To learn more and exercise your ad preferences on Dailymotion, please refer to our cookie settings section available on the Dailymotion Service or access the Manage Cookies section
Some of the third parties that collect or participate in the collection of information from or about you on the Dailymotion Service in order to provide more relevant advertising to you participate in the DAA Self-Regulatory Program for Online Behavioral Advertising. This program offers a centralized forum where users can declare their choices about the use of their information for online behavioral advertising. To learn more and to make choices about the use of your information for online behavioral advertising on websites, please click here. Please note that if you exclude online behavioral advertising using this method, this choice will only apply to the specific browser or device from which you opt out.
In addition, some of these third parties may be members of the Network Advertising Initiative ("NAI"), a cooperative of online marketing companies that offers a centralized tool for opting out of interest-based advertising delivered by each of its member companies. If you would like to obtain more information about interest-based advertising and the NAI and make choices about their members’ use of information from or about you on websites, please click here. Please note that if you exclude interest-based advertising using this method, this choice will only apply to the specific browser or device from which you opt out.
8.4. Options for Third-Party Online Behavioral or Interest-Based Advertising within Mobile Applications
You can define your preferences regarding the use of your information or ad targeting within mobile apps by accessing a cookie preference module available directly within the settings of Dailymotion’s mobile applications.
Some of the third parties that collect or participate in the collection of information from or about you on the Dailymotion Service in order to provide more relevant advertising to you within mobile applications participate in the DAA Self-Regulatory Program for Online Behavioral Advertising. This program offers a mobile application called the "AppChoices," which provides a centralized location where users can make choices about the use of their information for online behavioral advertising within the mobile application environment. The AppChoices application can be downloaded from your mobile device at www.aboutads.info/appchoices or from your device’s app store. Please note that if you exclude online behavioral advertising using this method, this choice will only apply to the mobile device you used to do so.
You may also exercise your choices by accessing your device settings and selecting "Limit Ad Tracking" (for iOS devices) or "Opt out of Interest-Based Ads" (for Android devices), which will allow you to limit our use of information collected from or about your mobile device (such as precise location data) for the purposes of serving online behavioral advertising to you.
8.5. Additional Information for Residents in the EEA
Individuals located in the European Economic Area, have certain statutory rights in relation to their Data. Subject to statutory exemptions, you have the right to request access to your Personal Data, as well as update, deletion, correction or transfer of this information. You can do this by using the settings and tools provided in your Dailymotion account. If you encounter troubles using the settings and tools, or if you do not have a Dailymotion account, reach out to the Dailymotion Help Center via the dedicated section or send a letter to the attention of our Data Protection Officer at the following address: 140 Boulevard Malesherbes - 75017 Paris, France. Please include within your request a copy of your ID and information about your country of residence, along with any information allowing us to identify your account on the Dailymotion Service.
Depending on the content of your request you may be asked to provide further documents as needed to confirm conformity of your request with legal requirements and to identify the Personal Data to which the request pertains.
Furthermore, you are entitled to define and communicate to us rules applicable to your Data upon your death.
Note that, in compliance with applicable laws, some of your Data may not be communicated, rectified or deleted despite your request to do so.
Furthermore, Dailymotion Inc., in conformity with the Privacy Shield principles, undertakes to process any complaints related to its processing of Personal Data of Swiss or EEA residents. If you wish to file such a complaint, please reach out to the Dailymotion Help Center via the dedicated “Your Personal Data” section or send a letter to the attention of our Data Protection Officer at the following address: Dailymotion Inc. P/O Dailymotion SA, 140 Boulevard Malesherbes - 75017 Paris, France. Please include within your request a copy of your ID, information about your country of residence, and any information allowing us to identify your account on the Dailymotion Service. Dailymotion Inc. will reply to you within 30 days.
If you are not satisfied with the final Dailymotion Inc. decision regarding your complaint, you may use the other appeal venues defined in the Privacy Shield. In particular, upon exhaustion of the appeal rights with Dailymotion Inc. you may file your complaint with the entity declared by Dailymotion with the Privacy Shield as competent for dispute resolution purposes, and if not satisfied with that entity’s decision, use the arbitration procedure provided for under the Privacy Shield. For further information on applicable procedures please visit the Privacy Shield web site .
You may regularly verify Dailymotion Inc.’s self-certification with the Privacy Shield by consulting the list of Privacy Shield participants which may be found here.
8.6. Additional Choices for California Residents
8.6.1. Personal Data Processing Information under the California Consumer Protection Act (“CCPA”)
Note that rights and obligations provided under the CCPA take effect on 1st January 2020. If you decide to exercise any of such rights your request will be considered as of that date.
The terms “Personal Information,” “Business,” “Third Party” and “Service Provider” used in this section have the same meanings as defined in the CCPA.
If you have an account with Dailymotion, we identify you by the email address you use to log-in. However, if you do not have an account, in most cases, we rely on a unique online identifier to identify and recognize you.
When you access our Service, a Dailymotion cookie (i.e. a small text file) is dropped on your device’s browser. This cookie creates a unique online ID specific to the Dailymotion Service and allows us to recognize you when you visit us again (“Service ID”). If you use different devices or different Internet browsers to access our Service (and unless you do so as a logged-in user, in which case we might be able to recognize you regardless of the device or browser used), you are assigned a different Service ID for each of your device/ browser combinations. In other words, if you first accessed the Dailymotion Service using Internet Explorer on your laptop, but then visited it on your phone using Chrome you will appear to us as two distinct users. Unless you access the Dailymotion Service as a logged-in user, any information that we might have about you is attached to that Service ID.
Due to legal rules applicable to our activities, the lifespan of our cookies is limited to 13 months. Once the 13-month period comes to an end, the Dailymotion cookie storing your Service ID expires. If you continue to use our Service, a new Dailymotion cookie will be dropped on your browser and a new Service ID will be assigned to you.
We may obtain your PI either from you (directly or indirectly) or from our Service Providers or our affiliates. We receive your PI directly from you when you create an account or otherwise communicate with us or interact with our Service. We collect or generate information about you when you use our Service. Your PI may be shared with and by our affiliates if you use their services.
Note that in order to enable the delivery of ads, certain PI may be disclosed to us by advertising partners wishing to advertise on our Service or by Service Providers we work with in the operation of the Service.
The following categories of PI may be collected by us from or about you and used for the below-listed purposes:
Category of PI Example of PI Purpose the PI is Collected for Source the PI is Collected from Categories of Third Parties with Whom PI May Be Shared Identifiers A real name, alias, postal address, Service ID, third party online identifier, IP address, email address, account name, a copy of official ID, or other similar identifiers To comply with a legal obligation. To achieve our business purposes You; either directly or indirectly
Our Service Providers
Advertising Networks companies, data analytics services providers, governmental entities,
Commercial Information Revenues generated, Payment method details for payments made by us (to the exclusion of credit card details) To comply with a legal obligation, to achieve our business purposes You, indirectly (information generated by us based on your Content activity)
Our Service Providers
Content right holders, governmental entities, payment solution services providers, our affiliates Internet or other electronic network activity information Browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement To comply with a legal obligation, to achieve our business purposes You; indirectly
Our Service Providers
Advertising Networks companies, data analytics providers, governmental entities, our affiliates Geolocation data IP address To comply with a legal obligation, to achieve our business purposes You, indirectly Advertising Networks companies, data analytics providers, governmental entities Electronic information Device used, language and other settings, operating system You, indirectly
Our Service Providers
Advertising Networks companies, data analytics providers, our affiliates Inferences drawn from PI to create your profile User segments based on your deduced geographic location, age and/or viewing preferences To achieve our business purposes You, indirectly (information generated by us based on your activities)
Advertising Networks companies, data analytics providers, Content right holders, our affiliates.
Note that the Dailymotion Service is an advertising-based content hosting platform. Our business purposes include enabling you to use your Dailymotion account, selecting content and ads showed to you on the Dailymotion Service, delivering and monitoring the platform, processing payments that may be due to content editors, using data analytics services aimed at improving our commercial offer and providing required reporting to content editors and advertisers, ensuring security and preventing fraud, providing customer support and ensuring our compliance with legal or industry standard rules.
The PI we collect may be shared with our affiliates, or with (i) advertising partners participating in the delivery of ads on the Dailymotion Service (e.g. advertisers, media agencies), (ii) service providers (data analytics services), and, (iii) if required so by applicable laws, with certain public authorities. When we share your PI, we only do so to the extent needed to achieve our business purposes or to comply with the applicable laws or regulations.
8.6.1.c. Categories of Collected Personal Information that Might Be Disclosed or Sold to Third Parties
The CCPA defines the “sale” of PI as any communication of a consumer’s PI by a Business to another Business or a Third Party for monetary or other valuable consideration.
Dailymotion does not engage in data brokerage nor knowingly sells PI of minors under 16 years of age. As part of our regular business activities (i.e. operating an online service offering access to videos and displaying ads), your PI may be disclosed to companies we cooperate with. These companies may use such information to help us conduct our business activities (in doing so, they are our Service Providers), as well as for their own business purposes. If they do use your PI for their own business activities, our disclosure of your PI amounts to its sale.
In addition, our advertising partners collect PI, such as digital identifiers (e.g. online identifiers, IP address), activity history (how you interact with their ads) and electronic information, when you use our Service and are shown their ads. That information is used to deliver, analyze and tailor ads you see on our Service or elsewhere. To tailor ads that may be more relevant to you, we or our commercial partners may share it with Third Parties.
If you do not want us to sell your PI, you may decide to Opt-Out as further explained below in Section 8.6.1.e.
The following categories of PI may be disclosed or sold by us:
Category of PI Can the PI be Disclosed? If so, for what purpose? Can the PI be Sold? If so, for what purpose? Identifiers Yes, to comply with a legal obligation, to achieve our business purposes Yes: to tailor, deliver and analyze the delivery of ads and content to you on our Service and on third parties’ services Commercial Information Yes, to comply with a legal obligation or to achieve our business purposes No Internet or other electronic network activity information Yes, to achieve our business purposes Yes: to tailor, deliver and analyze the delivery of ads and content to you on our Service and on third parties’ services Geolocation data Yes, to achieve our business purposes Yes, limited to city-level localization information based on your IP address: to tailor, deliver and analyze the delivery of ads and content to you on our Service and on third parties’ services Inferences drawn from PI to create your profile Yes, to achieve our business purposes Yes: to tailor, deliver and analyze the delivery of ads and content to you on our Service and on third parties’ services
8.6.1.d. California Consumers Rights
If you are a California resident, you have the right to request access to or deletion of your PI that we have in our records and which were collected or otherwise obtained during the 12-month period preceding your request. You also have the right to instruct us not to sell your PI to Third Parties.
You may exercise any of these rights either directly or through an authorized representative. If you wish to make a request regarding your PI via an authorized agent, you must provide this agent with your written permission, which is to be submitted to Dailymotion together with copies of your and your agent’s official IDs at the time of filing a request. We may ask for additional documents or information if we judge them necessary to verify the agent’s authority to act on your behalf, the extent of the authorizations you have granted and to identify your PI.
Your choice to exercise any of the above-listed rights will not result in any discriminatory treatment.
8.6.1.e. Right to Opt-Out from Sale of Personal Information
You have the right to “opt-out” of the sale of your PI, which means that you can tell a business to stop selling your PI and to refrain from selling it in the future. Exercising your Opt-Out right does not affect previously sold PI.
Upon exercising your right to Opt-Out, we will cease selling your PI, i.e. we will refrain from disclosing it to Third Parties for their own business purposes. We will also communicate your decision to all Third Parties to whom your PI may have previously been sold during the 90-day period preceding your request.
Note that while we will not sell your PI once you exercise your Opt-Out right, we may still disclose such information to our business partners in order for them to help us carry out our own business activities. In these circumstances, our business partners will act as our Service Providers and they will not be allowed to use your PI for any purposes other than those we ask them to.
We remind you that an Opt-Out decision is limited to the device and the browser used. If you use our Service on different devices or via different browsers, your Opt-Out decision needs to be communicated to us separately on each of them and renewed every time the associated Service ID is no longer active.
Additionally, if your Service ID is no longer recognized by our Service (either because the cookie it is stored in has expired or because you or the technology you use (e.g. your Internet browser) has deleted such cookie or prevented its deployment), we will no longer be capable of either recognizing you or acknowledging that you have opted-out from the sale of your PI. We invite you to verify your registered options by accessing your CCPA settings through the “Do Not Sell My Personal Information” link and to renew the Opt-Out procedure if needed.
8.6.1.f. Requests to Opt-In After Opting-Out of the Sale of Your PI
Once you have exercised your right to Opt-Out, it is possible for you to opt back into the sale of your PI. You will be alerted if a transaction requires the sale of your PI in order to complete.
Opting back into the sale of your PI is an easy two-step process: you just have to request to opt-in and you will then be asked to confirm your choice. You may do so by clicking the “Do Not Sell My Personal Information” link or by using any of the other contact methods described in Section 8.6.1.h below.
8.6.1.g. Right to Access and / or Delete Personal Information
In addition to the information provided in Section 8.6.1.b., you have the right to request that Dailymotion provides you with access to the specific pieces and categories of your PI that Dailymotion has collected, disclosed or sold during the 12 months preceding your request. This request can only be made once every 12 months.
Additionally, you have the right to request the deletion of your PI that Dailymotion collected or maintained during the same 12-month period.
Upon receipt of your verifiable request to delete your PI, we will proceed with the deletion of such information unless otherwise authorized or required by law.
8.6.1.h. Methods for Submitting a Verifiable Consumer Request to Access or Delete their Personal Information or to Opt-Out from its Sale
In addition to exercising your Opt-Out right via the “Do Not Sell My Personal Information” link available in the present Policy and on our Service, you may submit your Opt-Out, access or deletion request by contacting our Support Policy Team using one of the following methods:
- making a request via the “Personal Data” dedicated section available on the Dailymotion Help Center;
- sending an email to firstname.lastname@example.org
At a minimum, the following information must be provided with your request:
- your account login (email address or username used to log-in to your Dailymotion account) or your Service ID(s), which you will be able to retrieve by following the instructions that we will provide to you;
- the nature of your request;
- documents evidencing that you are a California resident;
- an email or a physical address we may use for further correspondence in relation to your request;
- whether your request concerns yourself or a third party (if you file on behalf of a third party, you must submit documents evidencing your legal authority to do so (e.g. a signed document from the person you file the request for specifying the content of the request you are authorized to file, together with a copy of that person’s and your own official IDs)).
Depending on the content and circumstances of your request, you may need to follow additional procedures (e.g. retrieve your Service ID following the instructions provided by our Support Team) or provide additional supportive documents as necessary to confirm your identity and identify your PI.
Note that in order to comply with requests to access, delete, or disclose a consumer’s PI, it is mandatory for Dailymotion to first verify such requests. The CCPA rights in relation to your PI can only be exercised by you, meaning that your request cannot concern PI that is not yours and no one else can exercise the CCPA rights in relation to your PI (unless acting as an authorized agent on your behalf). Consequently, we need to take reasonable measures to verify the identity of the person sending us a request, as well as that person’s entitlement to exercise the CCPA rights and to identify the information such request relates to, before we process the request.
The actual verification process may take different forms depending on the circumstances of your request. For example, if you have a Dailymotion account, you may be asked to reply to a verification email sent to you by our Support Team at the email address you use to login. The Dailymotion Support Policy team will guide you through the applicable procedures.
- 8.6.1.a. General
8.6.2. Third Party Marketing Activities
If you are a California resident, you may be entitled to request disclosure of the categories of PI (such as your name and contact information), if any, that we share with third parties who wish to contact you or send you promotional information about their products and services directly (as compared to when the third party is acting on our behalf or you have provided your PI as part of a co-promotion by Dailymotion and the third party). You may also request the names and addresses of these third parties. Please note that you can only make these requests once per calendar year.
If you are a California resident and would like to request a copy of this information regarding our disclosure of PI to third parties for their direct marketing purposes in the preceding calendar year, please contact us using the procedure described in Section 8.6.1.h. or send us a letter at: Legal Department, Dailymotion Inc., 50 West 23rd Street, 10th Floor, New York, NY 10010, United States.
8.6.3. Specific Rules Applicable to Deletion of Information Published by Minors
If you are a California resident under the age of 18 and a registered user of the Dailymotion Service, you may request and obtain removal of Content or information you have publicly posted on the Dailymotion Service. To make this request, please contact the Dailymotion Help Center and include a detailed description of the specific content or information you would like to remove. Please note that this removal does not ensure complete or comprehensive removal of the Content or information posted on the Dailymotion Service by you, as there may be circumstances in which the law does not require or allow removal.
- 8.6.1. Personal Data Processing Information under the California Consumer Protection Act (“CCPA”)
- 8.1. General
SPECIFIC CONDITIONS APPLICABLE TO SECONDARY DAILYMOTION SITES
The Secondary Sites may collect their visitors’ Data for purely statistical purposes, in particular to register the number of visits to the Secondary Sites' pages and the behavior of their visitors (e.g. navigation time, pages clicked on, videos viewed, or articles read, etc.).
Other than that, the Secondary Sites may collect their visitors’ Data for purely statistical purposes, in particular to register the number of visits to the Secondary Sites' pages and the behavior of their visitors (e.g. navigation time, pages clicked on, videos viewed, or articles read, etc.).
Dailymotion may use different types of cookies on the Secondary Sites:
- so-called "functional" cookies designed solely to operate these Secondary Sites correctly or, if you decide so, to enable you to log-in using third party log-in tools (e.g. Facebook Connect);
- audience measurement and statistical analysis cookies, deposited by Dailymotion or by our subcontractors providing audience measurement services (e.g. Amplitude).
10.1. Third-Party Access Points, Devices, and Links.
The Dailymotion Service may be accessible through third-party websites, applications and other means of access operated by other companies (collectively, "Third-Party Access Points"). For example, you can access the Dailymotion Service through third-party websites where the Video Player has been embedded. The Dailymotion Service also may contain links to third-party websites or applications. For example, if you click on an advertisement or a search result on our website, you may be taken to a website that we do not control. None of these Third-Party Access Points, devices, websites or applications are operated by Dailymotion, even if they contain our name or logo. As such, we are not responsible for the privacy practices of the operators of these Third-Party Access Points. Accordingly, we recommend that you review their respective privacy policies for further information.
10.2. Deleting Your Dailymotion Account
10.3. Applicable Law and Jurisdiction
10.4. International Data Transfers and Privacy Shield
10.6. Contact Us
- by sending a request to the Dailymotion Help Center via the dedicated “Your Personal Data” section or,
by sending a letter to the attention of:
- our Data Protection Officer at the following address: 140 Boulevard Malesherbes - 75017 Paris, France, if you reside in a country of the EEA; or
- our Legal Department at the following address: 50 West 23rd Street, 10th Floor, New York, NY 10010, United States, if you reside in a country that is not part of the EEA.
If you reside in Korea, the following additional terms apply to you:
Dailymotion has designated Lee & Ko as its domestic representative in Korea to handle questions and complaints relating to the processing of Korean users' Personal Information. You may contact our domestic representative by telephone, email, or mail by using the following information:
Lee & Ko (Yong Seok Ahn, Managing Partner)
Email: Email Reserved for Korean Privacy Issues Only
Mail: Lee and Ko (Domestic Representative of Dailymotion), Hanjin Building, 63 Namdaemun-ro, Jung-gu, Seoul, Korea
귀하가 한국에 거주한다면 아래 추가 조항이 귀하에게 적용됩니다 :
- Dailymotion은 대한민국 이용자의 개인정보 관련 고충에 관한 문의를 위해 법무법인(유) 광장을 국내대리인으로 지정하였습니다. 아래 정보를 이용하여 국내대리인에게 전화 이메일, 또는 우편으로 문의하실 수 있습니다.
법무법인 (유) 광장 (대표변호사 안용석)
이메일:국내 개인정보 문의
우편: 서울 중구 남대문로 63, 한진빌딩 18 층, 법무법인 (유) 광장, Dailymotion 국내대리인
If you reside in Turkey, the following additional terms apply to you:
Dailymotion may process Data listed under Section 2 for the purposes explained under Section 3 based on the following legal grounds:
- processing is explicitly laid down in or dictated by laws;
- processing of your Data, is necessary provided that it is directly related to the conclusion or fulfilment of your contract with us;
- processing is mandatory for us to be able to comply with our legal obligations;
- the relevant data is made available to the public by yourself;
- processing is mandatory for the establishment, exercise or protection of a right;
- processing is mandatory for our legitimate interests, provided that it does not violate your fundamental rights and freedoms;
- your explicit consent (this legal basis is only used in relation to processing that requires your consent and is not used for any processing that might be performed based on another legal ground).
Pursuant to the applicable privacy laws in Turkey, you have the following rights regarding your Data:
- the right to learn whether your Data is processed;
- the right to request information with respect to such processing;
- the right to learn the purposes of processing and whether your Data is used for such purpose or not;
- the right to know the third parties within or outside your country to whom your Data is transferred;
- the right to request correction of your Data if it is incomplete or inaccurate;
- the right to request deletion or destruction of your Data in accordance with applicable laws;
- the right to request notification of actions taken within the scope of (v) and (vi) above items to third parties, who received your Data from us;
- the right to object to the consequences that are to your detriment, as a result of the analysis of your Data solely by automated means;
- the right to claim indemnification if you suffer damages due to illegal processing of your Data.
For further information about your rights under the article 11 of the Turkish Data Protection Law, you may refer to the official law text accessible [here] in Turkish. Dailymotion has designated İlay Yılmaz as its personal data controller representative in Turkey to handle questions and complaints strictly in connection with the processing of Personal Information related to individuals in Turkey. You may contact our data controller representative in Turkey for such privacy matters by email or mail by using the following information:
İlay Yılmaz (Esin Attorney Partnership, Partner)
Email : [Email Reserved for Turkish Privacy Issues Only]
Mail : İlay Yılmaz (Data Controller Representative of Dailymotion)
Ebulula Mardin Cad., Gül Sok. No. 2
Maya Park Tower 2, Akatlar-Beşiktaş 34335 Istanbul, Turkey
- 10.1. Third-Party Access Points, Devices, and Links.
Last modified on: November 9th, 2020.