Privacy Policy

We at Wistia, Inc. (“Company,” “we,” “us,” “our”) know that our users (“you,” “your”) care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy.

By visiting or using the various websites owned and operated by Company under the wistia.com domain, including, without limitation, the https://wistia.com/ website (the “Websites”), accessing or viewing videos hosted by Company (the “Videos”) and/or accessing or using any other functionalities, features, content, applications or services offered from time to time by Company in connection with the Websites or Videos (collectively, the “Services”) in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent to our collection, use, and sharing of your information in the following ways.

I. What Does This Privacy Policy Cover?

This Privacy Policy covers our treatment of personally identifiable information ("Personal Information") that we gather when you are accessing, viewing or using any of our Websites, Videos and/or Services. This policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, telephone number, or email address. No one under age 13 may provide any Personal Information to us or through the Services. In the event that we learn that we have collected Personal Information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under age 13, please contact us at privacy@wistia.com.

II. What Information Does Company Collect?

We gather various types of Personal Information from our users, as explained more fully below. We may use this Personal Information to personalize and improve our Services, to administer and improve our Websites, to allow our users to set up a user account and profile, to contact users, to fulfill your requests for certain products and services, to analyze how users utilize the Websites, and as otherwise set forth in this Privacy Policy. We may share certain types of Personal Information with third parties (as described in this Section and in Section III below). At times, we may anonymize your Personal Information so that you cannot be individually identified, and provide that information to our partners. We collect the following types of information:

A. Information You Provide to Us:

We may collect Personal Information from you when you visit any of our Websites, register for or subscribe to any Services, contact us with questions or concerns, and/or otherwise interact with the Services. For example, when you register for our Services, we may collect your name, email address, phone number, and payment card information. You can choose not to provide us with certain information, but then you may not be able to register with us or to take advantage of some of our features.

B. Information Collected Automatically:

Whenever you interact with any of our Websites or Videos, we automatically receive and record information on our server logs from your browser including your IP address, “cookie” information, and the page you requested. “Cookies” are identifiers we transfer to your computer or mobile device that allow us to recognize your browser or mobile device and tell us how and when pages in our Website are visited and by how many people. You may be able to change the preferences on your browser or mobile device to prevent or limit your computer or device’s acceptance of cookies, but this may prevent you from taking advantage of some of our Website’s features. If you click on a link to a third party website, such third party may also transmit cookies to you. This Privacy Policy does not cover the use of cookies by any third parties.

The Adobe Flash Player (and similar applications) (“Flash”) uses technology to remember settings, preferences and usage similar to browser cookies but these are managed through a different interface than the one provided by your web browser. This technology creates locally stored objects that are often referred to as “Flash cookies.” We employ Flash cookies in certain situations where we use Flash to provide some content such as video clips or animation. You may access your Flash management tools from Adobe’s web site directly. We do not use Flash cookies to serve interest-based advertising.

When we collect usage information (such as the numbers and frequency of visitors to a Website), we may use such information in two ways. First, we may use such information in aggregate form, and not in a manner that would identify you personally. For example, this aggregate information tells us how often users use parts of a Website, so that we can make such Website appealing to as many users as possible. We may also provide this aggregate information to our partners; our partners may use such information to understand how often and in what ways people use our Websites, so that they, too, can provide you with an optimal experience. In addition, we may also use usage information, in identifiable form, to provide Video owners with information directly related to the Videos that they make available through the Websites and Services. Such information may include how many and which videos of a particular Video owner was watched by a particular user, from where a particular Video was watched by a particular user and how many times a particular Video was watched by a particular user.

C. E-mail and Other Communications:

We may contact you, by email or other means; for example, we may send you promotional offers on behalf of other businesses, or communicate with you about your use of any of the Websites. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make emails more interesting and improve our service. If you do not want to receive email or other mail from us, please indicate your preference by visiting our email preference page. Please note that if you do not want to receive legal notices from us, those legal notices will still govern your use of the Websites, and you are responsible for reviewing such legal notices for changes.

III. Will Company Share Any of the Personal Information it Receives?

We share your Personal Information in personally identifiable form with third parties as described below.

A. Affiliated Businesses and Third Party Websites We Do Not Control:

In certain situations, businesses or third party websites we’re affiliated with may sell items or provide services to you through a website (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. We have no control over the policies and practices of third party websites as to privacy or anything else, so if you choose to enter into such transaction or to receive such service, please review the applicable third party websites’ policies.

B. Agents:

We employ other companies and people to perform tasks on our behalf and may need to share your Personal Information with them to provide products or services to you, for example, processing credit card payments. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us. We acknowledge our potential liability if our agents misuse your Personal Information.

C. User Profiles and Submissions:

Certain user profile information, including, without limitation, a user’s name, location, and any video or image content that such user has uploaded to a Website, may be displayed to other users to facilitate user interaction within such Website or address your request for Company’s services. Your account privacy settings allow you to limit the other users who can see the Personal Information in your user profile and/or what information in your user profile is visible to others. Any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, forums, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by others. Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through the Website and other users can contact you through messages and comments.

D. Video Data:

As mentioned above, we may provide Video owners with certain identifiable usage information directly related to the Videos that such Video owners make available through the Websites and Services. Such information may include how many and which Videos of a particular Video owner was watched by a particular user, from where a particular Video was watched by a particular user and how many times a particular Video was watched by a particular user.

E. Business Transfers:

We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Also, if we (or substantially all of our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information would be one of the assets transferred to or acquired by a third party.

F. Protection of Company and Others:

We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Company, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

IV. Is Personal Information About Me Secure?

Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

The Websites may contain links to other sites. We are not responsible for the privacy policies and/or practices on other sites. When following a link to another site you should read that site’s privacy policy.

V. What Personal Information Can I Access?

You may request the correction, updating, or deletion of your Personal Information on our Websites by emailing us at privacy@wistia.com. We will respond to all such requests within 30 days. If you request that your Personal Information be deleted from our records, there may be a brief delay in our processing that request, while we verify that the request is valid and originates from you as opposed to an unauthorized third party. If you request that your Personal Information be deleted, we reserve the right to terminate and/or limit your access to the Websites and/or Services.

Under California Civil Code Sections 1798.83–1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: privacy@wistia.com.

VI. What Choices Do I Have?

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our special features.

You may be able to add, update, or delete Personal Information as explained in Section V above. When you update information, however, we may maintain a copy of the unrevised information in our records. Please note that some information may remain in our private records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

We will also provide EU or Swiss individuals with opt-out or opt-in choice before we share their data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To limit the use and disclosure of your personal information, please submit a written request to privacy@wistia.com.

VII. EU-US and Swiss-US Privacy Shield

We comply with the EU-US and Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of Personal Information from European Union member countries and Switzerland. We have certified that we adhere to the Privacy Shield principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability. If there is any conflict between this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

In addition to self-assessment, as a participant in the EU-US and Swiss-US Privacy Shield program, we are subject to the investigatory and enforcement powers and authority of the U.S. Federal Trade Commission with respect to maintenance of, and adherence to, this Privacy Policy.

In compliance with the EU-US and Swiss-US Privacy Shield Principles, we commit to resolve complaints about your privacy and our collection or use of your Personal Information. European Union and Swiss individuals with inquiries or complaints regarding this Privacy Policy should first contact us as directed in the Contact Information clause of this Privacy Policy.

We have further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.

As a last resort and under certain limited and prescribed circumstances and conditions, you have the right to invoke a “last resort” binding arbitration process between you and us to resolve a dispute related to our collection, use or disclosure of your Personal Information.

In particular, we will maintain compliance with the Privacy Shield principles by adhering to the following practices:

Notice

When we collect your Personal Information, we’ll give you timely and appropriate notice describing what Personal Information we’re collecting, how we’ll use it, and the types of third parties with whom we may share it. This Privacy Policy serves as such notice, and any changes to our collection, use or disclosure of your Personal Information will be reflected in revisions to the Privacy Policy posted on our Websites.

Choice

As established and described in this Privacy Policy, we’ll give you choices about the ways we use and share your Personal Information, and we’ll respect the choices you make.

Accountability for Onward Transfer

If we transfer your Personal Information to another country, we may remain liable and will take appropriate measures to protect your privacy and the Personal Information we transfer.

Security

We’ll take appropriate physical, technical, and organizational measures to protect your Personal Information from loss, misuse, unauthorized access or disclosure, alteration, and destruction, as further-specified in the Is Personal Information About Me Secure? clause of this Privacy Policy.

In certain situations, Wistia may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Data Integrity and Purpose Limitation

We’ll collect only as much Personal Information as we need for specific and identified purposes, and we won’t use it for other purposes without obtaining your consent. We’ll take appropriate steps to make sure the Personal Information in our records is accurate.

Access

If you wish to confirm the accuracy of your Personal Information or have it removed from our systems and records, you may contact us at the email address, telephone number or postal address provided in the Contact Information clause of this Privacy Policy.

Recourse, Enforcement, and Liability

We’ll regularly review our continued adherence to our privacy obligations, and we’ll provide and maintain the independent mechanism specified in this Privacy Policy as a way of resolving complaints or concerns about our privacy practices. Further, we acknowledge our potential liability for misuse of your Personal Information by us or our third-party service providers and agents, as further set forth in this Privacy Policy.

VIII. Changes to this Privacy Policy

We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we use Personal Information, we will notify you by posting an announcement on our Website or sending you an email. You are bound by any changes to the Privacy Policy when you use the Website after such changes have been first posted.

IX. Questions or Concerns; Contact Information If you have any questions or concerns regarding our privacy policies, please send us a detailed message to privacy@wistia.com. Alternatively, you may contact us by telephone or postal service as follows. We will make every effort to resolve your concerns.

Wistia, Inc.
17 Tudor Street
Cambridge, Massachusetts, 02139 USA
(888) 494–7842

Effective Date: March 21, 2018