Last updated December 14, 2023
We respect your privacy and are committed to protecting the personal information you provide to us. In this regard, we would like to share with you the principles that form our privacy policy.
All capitalized terms used in this Privacy Policy or in any notice given in connection with this Privacy Policy have the same meaning as in the Terms of Use unless expressly defined otherwise herein.
Thank you for choosing to be part of our community at 2WAY Interactive, Inc. ("2WAY", "we", "us", "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy policy, or our practices with regards to your personal information, please contact us at info@2WAY.tv.
We appreciate that you are trusting us with your personal information, when you visit our website 2WAY.tv (the "Website"), use our mobile application (the "App") and more generally, use any of our ancillary services such as but not limited to content creation and management, educational or entertainment references and resources, social media, and access to streaming media and related content (“ancillary services”), and related activities, including but not limited to sales, marketing or events (“business development”). We take your privacy very seriously.
In this document we refer to the website, app, ancillary services and business development collectively as “Services”. In some instances, we may provide more granular detail and reference one or more of our services, such as our app, to provide you a better idea of how these specific pieces impact your privacy.
ClashTV Holdings collects personal data and uses this personal data only for the purposes of offering, providing and/or improving the Services, unless a reasonable assessment is made that this personal data shall also be processed for additional purposes. Users will be informed if the personal data is processed for additional purposes. This Privacy Policy is addressed to individuals with whom we interact, including clients, visitors to our Website, other users of our services, and personnel of corporate clients (referred to for the purposes of this Privacy Policy as “you”).
In this privacy notice, we seek to clearly explain to you what information we collect, how we use it and what rights you have in relation to your personal information. We hope you take some time to read through this notice carefully, as it is important. If there are any provisions in this privacy notice that you do not agree with, please discontinue use of our Services immediately.
Your specific rights regarding your privacy will depend on the jurisdiction where you reside. These rights are detailed in the section below titled, “What are Your Privacy Rights”
Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.
Personal Identifiable Information (“PII”) means information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, age, finances, education, business, addresses, telephone numbers, social security numbers, other identifying numbers, and any financial identifiers. This includes information (including information forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
Non-personally identifiable information (“non-PII”) is data that we or other parties can not use to trace or identify a person. For example, aggregated statistics on the use of product / service or masked IP addresses.
Specific regulations applicable in your jurisdiction may impact the exact definition and scope of PII. In the event that a jurisdictional definition is different from the definition here, the jurisdictional definition will apply.
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services (such as by posting messages in our online forums or entering competitions, contests or giveaways) or otherwise when you contact us.
The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make and the products and features you use. The personal information we collect may include the following:
Personal information provided by you. We collect names; phone numbers; email addresses; location, age (including birthday), usernames; passwords; debit/credit card numbers; contact preferences; and other similar information.
Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument and your transaction history. All payment data is collected and stored by Apple Pay or Stripe. You may find their privacy notice link(s) here: https://www.apple.com/legal/privacy/data/en/apple-pay/ and https://stripe.com/privacy.
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
Children merit specific protection with regard to their personal data, as they may be less aware of the risks, consequences and safeguards concerned and their rights in relation to the processing of personal data. Our Services are not directed to, and we do not knowingly collect personal identifiable information from, children under the age of fourteen (14). If it is determined that such information has been inadvertently collected on anyone under the age of fourteen (14), we shall immediately take the necessary steps to ensure that such information is deleted from our system's database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information.
In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit or use our Services.
Like many businesses, we also collect information through cookies and similar technologies.
The information we collect includes:
In Short: We collect information regarding your geolocation, mobile device, push notifications, when you use our App.
If you use our App, we also collect the following information:
This information is primarily needed to maintain the security and operation of our App, for troubleshooting and for our internal analytics and reporting purposes.
In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
We may process or share your data that we hold based on the following legal basis:
More specifically, we may need to process your data or share your personal information in the following situations:
In Short: We only share information with the following categories of third parties.
We only share and disclose your information with the following categories of third parties. If we have processed your data based on your consent and you wish to revoke your consent, please contact us using the contact details provided in the section below titled "How can you contact us about this policy?".
In Short: We may use cookies and other tracking technologies to collect and store your information.
We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.
In Short: We are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our Services.
The Services may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services or mobile applications. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this Privacy policy. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services or applications that may be linked to or from the Services. You should review the policies of such third parties and contact them directly to respond to your questions.
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which Users have an account with us.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. Inquiries and complaints related to this Privacy policy can be sent to info@2WAY.tv. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.
In Short: In some regions, such as California (USA), the European Economic Area (EEA) and United Kingdom (UK), you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.
The United States Children’s Online Privacy Protection Act (COPPA), which was established by Congress to protect children’s online privacy. COPPA requires that Web site operators adhere to specific guidelines regarding the collection and handling of personally identifiable information about children under the age of 13. We specifically limit access to the site to anyone under the age of 14, and should not fall under the statutory provisions of COPPA.
In Short: If you are a resident of California, you are granted specific rights regarding access to your personal information.
The California Privacy Rights Act (CPRA) that amended California’s Consumer Privacy Act (CPPA) came fully into force on January 1, 2023. California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with a Service, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).
The California Code of Regulations defines a "resident" as:
(1) every individual who is in the State of California for other than a temporary or transitory purpose and
(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose
What categories of personal information do we collect?
We have collected the following categories of personal information in the past twelve (12) months:
Category
Category
Examples
A. Identifiers
Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name
YES
B. Personal information categories listed in the California Customer Records statute
Name, contact information, education, employment, employment history and financial information
YES
C. Protected classification characteristics under California or federal law
Gender and date of birth
YES
D. Commercial information
Transaction information, purchase history, financial details and payment information
YES
E. Biometric information
Fingerprints and voiceprints
NO
F. Internet or other similar network activity
Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements
YES
G. Geolocation data
Device location
YES
H. Audio, electronic, visual, thermal, olfactory, or similar information
Images and audio, video or call recordings created in connection with our business activities
YES
I. Professional or employment-related information
Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us
NO
J. Education Information
Student records and directory information
NO
K. Inferences drawn from other personal information
Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics
YES
We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:
How do we use and share your personal information?
2WAY collects and shares your personal information through:
More information about our data collection and sharing practices can be found in this privacy notice. Cookies and similar tracking technologies might be used to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.
You may contact us by email at info@2WAY.tv, or by referring to the contact details at the bottom of this document.
If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.
Will your information be shared with anyone else?
We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.
We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" your personal data.
2WAY has disclosed the following categories of personal information to third parties for a business or commercial purpose in the preceding twelve (12) months:
The categories of third parties to whom we disclosed personal information for a business or commercial purpose can be found under "Who will your information be shared with?".
Your rights with respect to your personal data
Right to request deletion of the data - Request to delete
You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.
Right to be informed - Request to know
Depending on the circumstances, you have a right to know:
In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
You have the right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA. We will not discriminate against you if you exercise your privacy rights.
Verification process
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.
We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.
Other privacy rights
To exercise these rights, you can contact us by email at info@2WAY.tv, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.
The scope of data privacy in the United States is quickly evolving and we endeavor to keep this policy updated as accurately as possible with changes to privacy regulations, particularly at the state level. However, it is possible that recently passed regulations in your state provide you with additional rights not included here.
textCertain of these laws may not be directly relevant to our company at this time, but we indicate them here out of an abundance of respect for your privacy.
If you believe these policies may apply to you, please contact us at info@2WAY.tv.
Virginia - Virginia's Consumer Data Protection Act (VCDPA) - The Virginia law that allows users to opt out of the sale of their personal data. This law limit the collection of personal data to what is adequate, relevant, and reasonably necessary and requires us to establish, implement, and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality, integrity, and accessibility of personal data. Similarly, we must have a secure and reliable means for consumers to submit a request to exercise their consumer rights. If you believe this law applies to you, please contact us at the email provided in this policy.
Maryland - Maryland's Personal Information Protection Act (PIPA) - This Maryland law requires businesses such as ours to keep your personal information private and secured. We believe that to the best of our ability we are fully compliant with this policy. Should we suffer a security breach, as defined in this statues, we will contact those affected accounts as soon as possible.
Utah - Utah's Consumer Privacy Act (UCPA) - This law provides for certain types of data portability. If you believe this law applies to you, please contact us at the email provided in this policy.
Connecticut - Connecticut's Personal Data Privacy and Online Monitoring (CTDPA) - This law gives residents certain rights over their personal data, such as the right to access the data that is collected, the right to correct that data or delete that data, the right to out of the sale or use of your data of targeted advertising. If you believe this applies to you, please contact us at the email provided in this policy.
Colorado - Colorado's Privacy Act (CPA) - This law gives privacy rights to consumers and provides certain requirements on how businesses collect and process personal data. These rights include the right to opt out of targeted advertising, the sale of their personal data, and certain types of profiling. Residents also have the rights to access, correct, and delete their personal data as well as the right to data portability. If you believe this applies to you, please contact us at the email provided in this policy.
Florida - Florida's Privacy Protection Act (FPPA) - This law, similar to those laws in other jurisdictions, requires certain disclosures about your data including the type of data and specific information being collected (name, address, or email), where the data originates, and the types of parties with which your data will be shared. If you believe this applies to you, please contact us at the email provided in this policy.
The European Union’s General Data Protection Regulation (GDPR) protects the personal data and fundamental rights of European Union data subjects to privacy. Apart from strengthening the data privacy for users throughout the European Economic Area (EEA), Switzerland and the United Kingdom this regulation places additional responsibilities on any organization that handles personal data of EU citizens, regardless of where these organizations are located.
Since we process the data of citizens, located in EEA, Switzerland and UK, we are subject to the EU General Data Protection Regulation 2016/679 and we are responsible as ‘Controller’ of that personal information for the purposes of the GDPR providing for the protection of natural persons with regard to the processing of personal data and the free movement of such data.If you are located in the EEA, Switzerland, or United Kingdom and we maintain your personal information, you have the following additional rights with regard to your personal information:
Right to access and receive: Under the European Union’s General Data Protection Regulation (“GDPR”) (and similar laws in Switzerland and the United Kingdom), a response to a data subject access request will be provided free of charge, unless the request is deemed to be manifestly unfounded, excessive or repetitive in character. We may charge you a reasonable fee if you request additional copies of your personal information or make other requests that are manifestly unfounded or excessive. If we are unable to honor your request, or before we charge a fee, we will let you know why.
Right to correct: You may ask us to update or correct inaccurate or incomplete personal information we hold about you.
Right to erasure: You may request personal data to be erased when it is no longer needed, where applicable law obliges us to delete the data, the processing of it is unlawful or the personal data have been collected in connection with the provision of information society services to individuals under the age of 14.
Right to withdraw consent: You have the right to withdraw any consent you have previously given to us at any time. Your withdrawal of consent does not affect the lawfulness of our collecting, using, and sharing of your personal information prior to the withdrawal of your consent. Even if you withdraw your consent, we have the right to use your personal information if it has been fully anonymized and cannot be used to personally identify you.
The right to object to data processing: You have the right to object at any time for reasons arising from your particular situation to the processing of your personal data, which is based on a legitimate interest.
Right to limit or restrict: You may have the right to request that we stop using all or some of your personal information or to limit our use of it.
Right to complain: You have the right to lodge a complaint with your data protection supervisory authority or with the data protection supervisory authority where the alleged violation took place.
Please note that the rights described above are not absolute, and that your request cannot always be met entirely. For example, sometimes we cannot delete or restrict the processing of your personal data as we may have legal obligations or contractual obligations to keep certain personal data.
If you have questions or comments about your privacy rights, you may email us at info@2WAY.tv.
Changing account information
If you would at any time like to review or change the information in your account or terminate your account, you can:
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.
Cookies and similar technologies
We may use cookies and similar tracking technologies to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services.
Opting out of email marketing
You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:
Upon approval by us, we offer Content Users the ability to post content that other Users can watch, read, explore, share, ect. (text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other materials). Anyone can read, collect and use any personal information that accompanies your posts. When a Creator User uploads or links User Content to the Application, or associates their social networking accounts with the Application, they thereby grant, and affirmatively represent and warrant that they possess the authority to confer, an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, global license to us.We do not assert any ownership over your User Content. You retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
We do not have to publish any of your content. If the law requires us to take down, remove or edit your personal information, we will comply to the required extent.
More information regarding the User Generated Content, including but not limited to sharing, visibility, licensing, rights for Creator Users, ownership and responsibility can be found in our Terms of Use. Inquiries or complaints to the User Generated Content can be sent to info@2WAY.tv.
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, it is possible that we may, at our discretion, notify you either by prominently posting a notice of such changes or by directly sending you a notification. Failure to notify you of changes to this policy does not relieve you of the obligations or rights in the revised policy. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
If you have any questions or comments about this notice, you may contact us by email at info@2WAY.tv, or by post to:
2WAY
94 9th Street
Unit 1-200
Brooklyn, NY 11215
United States
info@2WAY.tv