EFFECTIVE AS OF May 7, 2020
This Local Now Privacy Policy ("Privacy Policy") applies to your use of the Local Now Services (as defined herein) provided by Weather Group Television, LLC ("Local Now", "LN", "us", "we" or "our"). The term "Services" refers to our Local Now Platform (as defined herein) as well as any Video Content (as defined herein) and any other services provided by us through the Local Now Platform. The term "Video Content" refers to localized news, sports, traffic, and weather video content; streaming channels; movies; sports; and other video programming provided by us through the Local Now Platform. The term "Local Now Platform" refers to, collectively, the localnow.com website (the "Local Now Site"), applications, mobile web sites, and other Internet enabled or wireless means by which we provide Services to you, including, without limitation, third-party software applications (including, without limitation, desktop applications, mobile applications, tablet applications, and applications for digital media player devices and Internet connected TVs), and delivery of any Video Content to you at your request. As used in this Privacy Policy, the term "you" or "your" refers to each user accessing our Services, whether you are a subscriber, other registered user, or a visitor who has not subscribed to or registered for the Services.
Any services offered by us that have a separate privacy policy are not covered by this Privacy Policy.
By using our Services, you consent to the collection and use of information from or about you as explained in this Privacy Policy. If you do not consent to the collection and use of information from or about you in accordance with this Privacy Policy, then you may not use the Services.
This Privacy Policy discloses how we collect, use and share information we gather about you and the choices you have regarding our use of and your ability to update and manage the information.
In order to maximize your experience and to provide you with enhanced products and services, LN may collect personally identifiable information ("PII") from you, including your name, e-mail address, password, zip code, and content preferences. For example, we collect PII when you sign up for our Services; complete a survey; register for a promotion, contest or sweepstakes; send us an e-mail message or complete an inquiry form to receive additional information; report weather or other conditions; submit information about yourself (e.g., your gender, age, age range, address, birthday); view content on the Services; customize the Services; request alerts or notifications; report locations; make a purchase from us; or authenticate your account with a cable, satellite or IP delivered content provider.
We also may collect certain information through automated means, such as specific geographic location where you are currently located, including latitude and longitude information; information about your device and software characteristics, connection information, device brand and model, device operating system, device type, and device Identifier for Advertiser (IFA); information about your device operating system; information about how you use the Services; information about your network; IP address; device identifier; carrier; browser type; browser identifier; referring source (including referring URLs); exit URL; and information collected via the use of cookies, web beacons and other technologies, including ad data (such as information on the availability and delivery of ads, the site URL, as well as the date and time).
Location Information. In certain instances in our Services, for localized Services, an alert will provided to you so you will be able to input specific location information in order for us to bring up the content for that location. To offer you certain localized Services, provide advertisements based on your physical geographic location, and engage in the other uses described below, we use your physical geographic location using GPS, cellular network location-based services on your device, IP address, and/or browser services. We may also collect and record the locations you visit or report on your device if you use our applications or Local Now Site. Such information may also be stored on your device. You may at any time discontinue these geolocation Services by deleting the application or ceasing use of our Local Now Site. You may also discontinue certain geolocation Services using GPS by changing the settings on your device. Turning location services off in your device settings may also disable certain Services in the application, including alerts and Video Content.
Alerts and Notifications. In certain instances in our Services, for localized Services, an alert will provided to you so you will be able to input specific location information in order for us to bring up the content for that location. To offer you certain localized Services, provide advertisements based on your physical geographic location, and engage in the other uses described below, we use your physical geographic location using GPS, cellular network location-based services on your device, IP address, and/or browser services. We may also collect and record the locations you visit or report on your device if you use our applications or Local Now Site. Such information may also be stored on your device. You may at any time discontinue these geolocation Services by deleting the application or ceasing use of our Local Now Site. You may also discontinue certain geolocation Services using GPS by changing the settings on your device. Turning location services off in your device settings may also disable certain Services in the application, including alerts and Video Content.
One of the most valuable assets of our business is you. Except as described below, LN does not rent, sell or share PII about you with other people or non-affiliated companies.
We use information and disclose information to third parties, including your physical geographic location, to provide, analyze, administer, enhance and personalize our Services and marketing efforts, to process your registration, your orders and your payments, to help fulfill your requests, and to communicate with you on these and other topics. For example, we use information to provide you with customized and personalized viewing recommendations for content we think will be of interest to you, service your account, conduct a transaction or provide a Service that you have requested, display information and advertisements that we believe match your interests and profile, facilitate updates to the Services, provide support, improve the working of the Services, determine if you are eligible for a trial offering of a Service, authenticate your subscription with your cable, satellite or IP delivered content provider, compile statistics about our users and your use of the Services, determine your Internet service provider, help us quickly and efficiently respond to inquiries and requests, prevent, detect and investigate potentially prohibited or illegal activities, including fraud, and enforce our terms (such as determining free trial eligibility). We use information to communicate with you concerning our Services (for example by email, push notifications, text messaging, and online messaging channels), so that we can send you news about our Services, details about new features and content available on the Services, and to assist you with operational requests such as technical service queries and password reset requests. We may combine information about you with information obtained from other sources. These sources may include service providers that help us determine location based on your IP address; online and offline data providers, from which we obtain demographic, interest based and online advertising related data; publicly-available sources; and partners that help market to you products or services that may be of interest to you.
At various points, we may provide you with special offers from LN and its affiliates and may use your information to inform you of other products or services available from LN and its affiliates. These products may include, for example, schedules for special programs on The Weather Channel® cable network. We may offer joint promotions or programs that, in order for your participation, will require us to share your information with third parties. We would not share your information with a third party related to a joint promotion or program, unless you agreed to participate. In fulfilling these types of promotions, we may share your name and other information in connection with fulfilling the incentive. Please note that these third parties are responsible for their own privacy practices, which we would share with you before choosing to participate.
When your information is collected on the Services, it may be collected directly by or shared with selected third parties in connection with the operation of the Services or the provision of Services to you ("Third-Party Processors"). These Third-Party Processors may include, for example, companies that process credit card information or handle shipping for LN, deliver materials to you via e-mail or postal service, organize, administer, process, or provide advertising services, authenticate your subscription with your cable, satellite or IP delivered content provider, provide IT services, provide marketing and/or communication services, provide customer service, analyze and enhance data, process and administer surveys, provide support, assist with system crashes, help diagnose problems, and/or analyze data on our behalf to help us provide more relevant offers and advertising to you and to eliminate the delivery of duplicate offers as well as correcting and/or updating users' data based on information we provide them. Third-Party Processors are authorized to use your information that we provide to them only to carry out the service they are providing for LN. We require that the Third-Party Processors securely store the PII we provide to them and maintain it so that it can be accessed when needed for future purposes, and all such Third-Party Processors are contractually bound by us to keep the PII confidential.
Like many websites on the Internet and other Internet-based services, our Services link to pages located on website or services maintained by various other entities. In some cases, you may link to pages of other websites that are framed with elements of our Services such as in the header or footer. In that case the URL will identify the site you are visiting. In other cases, such as advertisements, you will be connecting to another site or service when you click on or otherwise activate those opportunities, including click-to-call, click-to-text, and click-to-email opportunities. You may encounter third party applications that interact with the Services. These other websites and services are not bound by this Privacy Policy, and we are not responsible for their information collection practices. The privacy policies of other organizations may differ from ours, for example, with respect to the level of security, use of cookies, and collection, use and disclosure of PII.
Some of our Services use third party operating systems, platforms, communication services, devices, and software elements (such as mobile device operating systems, wireless services, mobile phones, and tablet devices), and some of our Services are provided by third-party distributors, device makers, device operators, platform operators, and communication services. LN does not control these third-party entities, products and services, and they may collect, use, process, transmit and disclose your information. For example, these third-party elements may gather information from our Services, including our applications, in a manner that overrides your settings and preferences in our Services. As LN does not control or have knowledge of their data handling practices, we recommend that you review their privacy notices, terms of use and license agreements.
LN and Third-Party Processors acting on our behalf use various Internet technologies which help us to manage the operations of our Services and track your usage behavior so that we can tailor information and advertisements to make your visits more enjoyable and meaningful. These Internet technologies include:
Your browser, such as Internet Explorer, Chrome, Firefox and Safari, may allow you to manage your cookies and Local Shared Objects such as HTML5 LocalStorage. Most browsers are initially set up to accept cookies. Each browser is a little different, so look at your browser's help feature that will tell you how to stop accepting new cookies, how to receive notification of new cookies, and how to disable existing cookies, as well as your options regarding other technologies identified in this section. Please note, however, that without cookies and the other technologies in this section you may not be able to take full advantage of all our Local Now Site features and some parts of the Local Now Site may not function properly. For more information about cookies and how to disable them, you can consult the information at www.allaboutcookies.org/manage-cookies/. Disabling cookies is device specific and may not work on all devices. At this time, we do not respond to web browser "do not track" signals.
LN contracts with certain Third-Party Processors to track, analyze and report data about the usage of our Services using these Internet technologies. These Third-Party Processors include Adobe and its Adobe Analytics product. To obtain information about the privacy and security practices of Adobe and your options to set your Adobe preferences, use the following link: http://www.adobe.com/privacy.html.
LN may work with a variety of advertisers, advertising networks, advertising servers, and analytics companies. These advertisers, advertising networks, advertising servers, and analytics companies use various technologies, and technologies from third-party companies, to collect data in order to send (or serve) more relevant ads to users. These technologies may include the placement of cookies or web beacons, the use of HTML5 LocalStorage, the use of unique or non-unique identifiers, or the use of other technologies on our Services, and these technologies may be used to track user behavior, to track how our Services are being used, to link various devices you may use and possibly to serve you more relevant ads. These targeted advertisements may appear on our Services or other services that you visit. This Privacy Policy does not cover the use of various technologies by advertisers, advertising networks, advertising servers, and analytics companies. These companies may also obtain information from services you use from and with other companies, including, without limitation, other websites, mobile websites, mobile downloadable applications, downloadable applications, and other devices and combine that information with information they obtain through these third-party technologies on our Services. You should be aware that LN does not have control over these third-party technologies or the information contained in them and any information collected outside of our Service would be subject to those third party services' personal data and privacy policies. If you wish to know more about this practice or would like to know more about your options, you can visit the Network Advertising Initiative ("NAI") website at http://www.networkadvertising.org. For more information about how Google uses the information collected by the technologies on our Services and about your options, please visit www.google.com/policies/privacy/partners. Disabling cookies is device specific and may not work on all devices. You can also opt out of future information collection from our Services by ceasing use of the Service or in the case of an application, uninstalling the application.
LN continually looks for ways to improve our business, including purchasing or selling all or part of a business or company. If we buy or sell a business, PII and non-personal information will likely be transferred as part of the sale. If we buy a business, we will honor the requests of that business's former customers regarding their PII.
We may provide PII without your permission (i) pursuant to judicial or other government subpoenas, warrants, or orders or otherwise to comply with law, regulation, legal process or governmental request; (ii) where LN believes the rights, property or safety of LN, its users or the public is at risk; (iii) to enforce applicable terms of use, including investigation of potential violations thereof; (iv) to detect, prevent, or otherwise address illegal or suspected illegal activities (including payment fraud), security or technical issues; or (iv) where otherwise required by law.
To ensure we have your consent, we make sure that each e-mail sent to you by LN presents the additional opportunity to opt-out of receiving future e-mails. If you no longer wish to receive certain communications from us via e-mail or text message, click the 'unsubscribe' link in the e-mail or reply STOP (or as otherwise instructed) to the text message. Please note that you cannot unsubscribe from Service-related correspondence from us, such as messages relating to your account transactions.
You can choose to receive mobile push notifications. If you subsequently decide you no longer wish to receive these notifications, you can use your mobile device's settings to turn them off.
LN is committed to protecting the safety and privacy of young people using the Internet. You must be 18 years or older to subscribe to the Services. Anyone under the age of 18 may only use the Services with his or her parent's or guardian's permission and supervision. We do not knowingly collect PII from children under the age of 18. The Services may contain links to third-party websites and other services geared to children. The linked sites and services are not under the control of LN. We are not responsible for the content of any linked site or service or any link contained in a linked site or service, nor are we responsible for the privacy practices of the operators of those sites or services with respect to children. We strongly encourage parents and guardians to review the privacy policies of all linked sites and services.
LN is headquartered in the United States and the Services are intended for users in the United States. If you are located in the European Union or elsewhere outside of the United States, please be aware that information we collect (including cookies) will be processed and stored outside the European Union, in jurisdictions in which the data protection and privacy laws may not offer the same level of protection as those in the country where you reside or are a citizen. By using our Services or providing information to us, you consent to the transfer to and processing of the information in the United States and other jurisdictions outside the European Union.
In 2018 California passed the California Consumer Privacy Act ("CCPA").
Under the CCPA California residents may be afforded certain rights regarding a business' use of a consumer's personal information. These rights include:
A detailed list of the categories of PII that have been collected in the past 12 months, as well as the sources for those categories, can be found above in Section 2. Personally Identifiable and Other Information Collected by Us. For specific inquiries about the information collected about yourself please make a verifiable consumer request, as discussed below.
You can learn more about the business purposes for collecting PII above in Section 3. How We Use and Share Your Personally Identifiable Information. We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. A detailed explanation of the categories of information that we disclose for a business purpose can be found in Section 3. How We Use and Share Your Personally Identifiable Information above.
We disclose your personal information for a business purpose to the following categories of third parties:
In order for us to carry out a request for information, you or your authorized agent must make a verifiable consumer request. This means, if you make a request for information, you may be required to provide additional information so that we may verify your identity. In exercising your rights under the CCPA, the disclosure will cover the 12 month period preceding the request. You may only make requests to us twice in a 12-month period.
To exercise your rights under the CCPA, please submit a verifiable consumer request to datarequest@weathergroup.com, or you can also call our toll-free number at (877)-747-6045 to speak with one of our representatives. We will try to resolve your request within 45 days. However, in some cases, we may need to extend the response period, in which case we will provide you with written notice within 45 days.
We do not sell your personal information.
We have put in place appropriate physical, electronic and managerial procedures designed to protect and safeguard your data. Of course, although LN uses standard industry practices to protect your PII, we cannot guarantee that your communications with the Services will never be unlawfully intercepted, or that your PII will never be unlawfully accessed by third parties.
In the unfortunate event that your PII is compromised, we may notify you by email (at our sole and absolute discretion) to the last email address you have provided to us in the most expedient time frame that is reasonable under the circumstances. Please note, however, that delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system, or, if notification would impede a criminal investigation, to accommodate the legitimate needs of law enforcement.
Please note that if you allow others to use your account (including others you permit to set up profiles under your account), they may be able to view information about your account or any of the profiles under your account, including information about the videos you view and your email address.
LN reserves the right to alter our Privacy Policy as business needs require. If we decide to change our Privacy Policy, we will post those changes here so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone. All changes to this Privacy Policy will be posted on the Local Now Site prior to the time they take effect. If we make material changes to the way we use PII, affected consumers who have registered with us and provided us with an e-mail address will be notified via e-mail and will be given the opportunity to opt-out when applicable. Your continued use of the Services after any such updates take effect will constitute acknowledgement and (as applicable) acceptance of those changes. If you do not wish to acknowledge or accept any updates to this Privacy Policy, you may cancel your use of the Services.