» Terms of use and policy for the management and protection of personal information of users of the Viiv TV platform

CONFIDENTIALITY

TERMS OF USE AND POLICY FOR THE MANAGEMENT AND PROTECTION OF PERSONAL INFORMATION OF USERS OF THE VIIV TV PLATFORM

Effective date: 21 March

1. DEFINITION

Company/we/our refers to DÉVELOPPEMENT INNOVATIONS HAUT-RICHELIEU (IHR Telecom);

Personal data refers to any information relating to a natural person which, taken separately or in combination with other data, makes it possible to identify that person;

Customer/User/You/Your refers to the subscriber to the service and includes any person accessing the service via the Viiv TV application and your account;

Application/App means the Viiv TV application made available to the Customer which enables the service to be used;

Content refers to the Internet Protocol Television (IPTV) content offered by the Service via a streaming media device, either owned by Customer or rented and/or purchased from IHR Telecom, and the Application;

Pay-TV Service: means the Internet Protocol Television (IPTV) service offered by IHR Télécom to subscribers and the Viiv application that enables the Pay-TV service to be used.

2. Introduction

IHR Telecom is committed to protecting the confidentiality and security of its users’ personal information. This policy outlines the practices relating to the collection, use, retention and protection of personal information obtained through the Viiv TV application and the Pay-TV service.

3. Consent and Agreement

By downloading, installing, using or browsing the Viiv TV application and the Pay-TV service, you agree to this privacy policy and the general terms and conditions of the service. You also confirm that you are eighteen (18) years of age or older and agree to abide by IHR Telecom’s Terms of use and policy for the management and protection of personal information of users of the Viiv TV platform available at https://ihrtelecom.com/confidential-politic/.

By subscribing to the Pay-TV Service, you receive access to and use of: (i) certain software, intellectual property rights and technology owned or operated by us (including, for example, applications that are hosted or downloaded, accessories, tools, features and/or functionality related to and/or made available by us); (ii) our websites and applications, including but not limited to, the App; (iii) the Content that is accessible to you (including, but not limited to transaction and subscription video or programming, advertising, and/or other content); (iv) any and all other products and/or services accessed, provided, used or otherwise made available to you, including additional technology, software, documentation, features, functionalities, content, updates, upgrades, bug fixes or enhancements used in connection with the use of, or otherwise related to the Pay-TV Service, (v) updated versions of the App, Pay-TV Service and related third party software, which may be provided to you at any time and you agree to accept without further notice; and all other information and related documents provided to user by or on behalf of the Company.

4. Use of the Service

You must be connected to IHR Telecom’s Internet network to subscribe to the Pay-TV service. Persons under the age of eighteen (18) may use the Pay-TV service only with the consent or involvement of a parent or legal guardian, under the parent’s or legal guardian’s account and subject to the provisions of this policy. The availability of the Pay-TV Service is limited to the IHR Telecom Internet’s network. Disconnecting from the Company’s Internet network will result in the deactivation of the Pay-TV service.

A compatible streaming device is required to access the Pay-TV service and the Viiv TV application. Visit https://viivtv.com/ a list of the main compatible media streaming devices. This list is provided for information purposes only and does not constitute a guarantee of proper operation with the Pay-TV service. If you purchase a device from IHR Telecom, a one-year legal warranty applies. By using the Pay-TV service and the Viiv TV application, you agree to contact IHR Telecom for any questions or problems related to the compatibility of the device provided by IHR Telecom, within the scope of the legal warranty. After the expiration of this warranty, you must contact the device manufacturer directly for any additional claims or assistance.

You understand that the Pay-TV service may include, and the Viiv TV App may allow you to access, content that may be considered offensive, indecent, explicit or otherwise objectionable. Such content may not be identified as such, including but not limited to explicit language or images. IHR Telecom shall have no responsibility to you for such content. Any content descriptions, genres or other categories are provided for your convenience, but IHR Telecom does not guarantee their accuracy and assumes no obligation to provide them. You understand that the resolution of video content is affected by many factors and therefore no specific resolution is guaranteed.

You understand that the Pay-TV service is limited to the Company’s network and is only accessible by entering a username and password assigned or approved by the Company. The Pay-TV Service is not available for streaming on the public Internet.

If at any time after reviewing or using the Pay-TV Service you wish to terminate the Pay-TV Service and this Agreement, you must cancel your subscription as indicated in the ‘Your subscription’ section below, uninstall and delete the App from your device and delete any copy of the App in your possession. You agree that information collected from you or your device before you uninstall, delete or cease to use the App can still be used by us at our discretion.

5. User Profile Management

The Viiv TV application lets you create several user profiles within a single account. These profiles allow members of the household to personalise their content, recommendations and viewing history.

Please note that although several profiles can be created, they can still be accessed, modified and deleted by anyone using the Viiv TV application with access to the main account. It is therefore advisable to inform the members of your household if you do not desire for them to edit, delete or modify your Profile.

* Feature coming soon: User profile management will be available later this year. This feature will enable more in-depth control of profiles within the same account, but has not yet been activated.

6. Access to Offline Content and Use of the Viiv TV Application

When using the Viiv TV application, you can download content for offline viewing on your mobile devices. This downloaded content can be viewed at your convenience, wherever you are, without using up your mobile data. With a Viiv TV application package, you can watch programmes and films without needing a digital terminal, a television or even being at home. All you have to do is download the Viiv TV application onto your mobile devices or access it online via your computer. All personal data relating to the use of this application will be processed in accordance with our policy on the management and protection of personal information.

7. Collection of Information

IHR Telecom may collect various types of personal information, including:

Identification information (first name, surname, address, e-mail address, telephone number);
Login and authentication information (user name, password);
Usage data for the Viiv TV application and Pay-TV service;
Technical data (IP address, type of device, operating system).

We collect this customer information in order to improve the customer experience related to IHR Telecom’s service and to optimize our product, service and promotions, where applicable.

Your information is never given and/or rented and/or sold to third parties for commercial purposes.

8. Use of Personal Information

The personal information collected is used for the following purposes:

Authentication and management of user accounts;
Provision and improvement of the Pay-TV service;
Communication with users for updates, offers and notifications;
Compliance with legal and regulatory obligations.

9. Sharing and Disclosure of Personal Information

Your data may be shared with:

Third-party service providers contracted for the technical management and hosting of the Viiv TV application;
The competent authorities when required by law.

10. Security and Retention of Personal Information

Technical and organisational security measures are put in place to protect your personal information against unauthorised access, loss or disclosure. Data is retained for as long as necessary for the provision of the service or in accordance with legal requirements.

11. User Rights

In accordance with applicable laws and regulations, you have the following rights regarding your personal information:

Right of access, rectification and deletion of your personal data;
Right to withdraw your consent to the processing of your data;
Right to lodge a complaint with the competent data protection authorities.

12. Privacy Policy

The collection and use of your personal information are governed by IHR Telecom’s Privacy Policy, the terms of which are incorporated into this policy. We encourage you to review our Privacy Policy to better understand our data protection practices, available at the following address: https://ihrtelecom.com/confidential-politic/

13. Your Subscription

The Pay-TV service offers a range of subscription packages requiring payment of a fee to access content. You can check the details of your subscription by visiting https://clients.ihrtelecom.com/connexion

Your subscription is automatically renewed each month until it is cancelled. Billing and payment are subject to the terms of your service agreement. You can cancel your subscription at any time by sending a verbal or written notice to IHR Telecom, by filling out the ‘cancellation form’ on the IHR Telecom website, by calling 450 346-0057/1 888 346-0057, or by sending an email to the following address: info@ihrtelecom.com. After cancelling your subscription, you will retain access to the service until the scheduled end date. No refunds will be issued for content not viewed.

The rates, terms and conditions of pay television service are subject to change at IHR Telecom’s sole discretion. Any price changes will be announced thirty (30) days prior to the effective date on IHR Telecom’s website and individual notification will be sent.

The Pay-TV Service and App are intended for non-commercial use only. You may not use the Pay-TV Service or App for viewing in areas open to the public, or in commercial area, regardless of whether a viewing fee is charged unless specifically authorized. You are not permitted to use any of our trademarks.

14. Number of Devices Connected and Use of the Service

By default, three (3) simultaneous streams are included per household. If additional streams are desired, a fee will apply, with a maximum of ten (10) simultaneous streams allowed. Customers may request additional streams or activate the DVR service by contacting IHR Telecom customer at 450-346-0057 / 1-888-346-0057, or by email at info@ihrtelecom.com.

IHR Telecom reserves the right to change the number of devices connected simultaneously depending on Customer requirements and usage conditions.

15. Content and Programming

Various factors may influence the cost and availability of content. We reserve the right to add, remove or change the presentation, selection, price of content, or any other aspect of our PAY-TV services, at any time and for any reason, at our sole discretion. Certain content or sporting events may be restricted in your area based on the decisions of third parties, for which we are not responsible. In addition, certain content may be inaccessible for certain features of the Pay-TV service. Access to the Pay-TV service is restricted to the Internet address assigned by IHR Telecom. In order to comply with these restrictions, we may use any available technology to verify your geographic location.

16. Update and Testing

We update and test the Pay-TV service, including the content, on an ongoing basis. You understand that by using the Pay-TV service, you agree to be included in these tests without notice. Testing may relate to any aspect of the Pay-TV service, and may include, but is not limited to: service level, the application, the website, user interfaces, packages, promotional features, availability of content, delivery and pricing.

17. Licence and Restrictions

Subject to the restrictions set forth herein, IHR Telecom grants you a personal, revocable, non-exclusive, non-transferable, limited right to install and use the Viiv TV application on a streaming device, mobile devices or any other computing device that you own and control (“your device”), and to access the Viiv TV application solely for the purpose of using the Pay-TV service and viewing the content, in strict compliance with the terms of this policy and all applicable laws and regulations of Quebec and Canada.

You are prohibited from :

a) Decompile, reverse engineer, disassemble, attempt to derive or decrypt the source code of the Viiv TV application for any reason whatsoever;
b) Modify, adapt, improve or create a derivative work of the Viiv TV application or content;
c) Violate any applicable law, rule or regulation in connection with your access or use of the application or content;
d) Remove or alter any copyright or trademark notices belonging to IHR Telecom or its affiliates, suppliers or licensors;
e) Use the Viiv TV application or content in such a way as to derive direct revenue from it, or use the application for purposes other than those for which it was designed or intended;
f) Allow use of the Viiv TV application on a device that does not belong to you;
g) Allowing access to or use of content on a device that does not belong to you;
h) Make the application or content available on a network other than the IHR Telecom network;
i) Use the Viiv TV Application or Content to develop, design or create a service to replace or be used in connection to the Pay-TV service, products or software offered by IHR Telecom or its licensors;
j) Use any exclusive information or intellectual property of IHR Telecom for the design, development, manufacture, licensing or distribution of applications, accessories or devices intended for use with the Application;
k) circumvent, disable or tamper with the App or the Content;
l) Reproduce, archive, retransmit, distribute, sell, lease, rent, exchange, modify, broadcast, synchronise, publicly perform, publish, publicly display, make available to third parties, transfer or distribute the Viiv TV application or content;
m) Use the Pay-TV service in a manner not intended by this policy, in IHR Telecom’s sole judgment.

You agree to abide by the rules and policies established by IHR Telecom at all times.

18. Intellectual Property

The Viiv TV Application (including its source code and object code), and any copy thereof (whether or not present on your Device), the Pay-TV service, and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith, are the property of IHR Telecom or its contributors, licensors or suppliers. The application’s source code and object code are the proprietary and confidential information of IHR Telecom and its partners. IHR Telecom retains full ownership of the Viiv TV application and Pay-TV service. The Viiv TV application is licensed, not sold, to you.

IHR Telecom and its affiliates, licensors and suppliers reserve the right to modify, suspend, terminate, remove, restrict use or access, disable access to the Viiv TV App or Pay-TV service, or require the return of the Viiv TV App (or any copy thereof), at any time without notice or liability. Except as expressly stated in this policy, no intellectual property rights in the Viiv TV App or the Pay-TV service are granted to you in any legal form, including by implication or estoppel. All rights in the Viiv TV Application and Pay-TV service not expressly granted in this Policy are reserved and retained by IHR Telecom.

It is IHR Telecom’s policy to deal promptly with any clear notice of alleged copyright infringement. IHR Telecom has designated an Agent to receive notifications of alleged infringement at the address below:

Développement Innovations Haut-Richelieu
IHR Telecom
Legal department
380, 4^eavenue
P.O. BOX 911
Saint-Jean-sur-Richelieu
Quebec City, J2X 4J5
450 346-0057
1 888 346-0057
donnéesihrwifi@ihrtelecom.com

For more information, visit our website at https://ihrtelecom.com/en/

These obligations survive termination of this Agreement.

The Pay-TV Service or App may include third party software that is subject to open source license terms (“Open Source Software”). You acknowledge and agree that your right to use such Open Source Software is subject to and governed by the terms and conditions of any applicable license to the Open Source Software (the “Open Source License Terms”). In the event of a conflict between the terms of this Policy and the Open Source License Terms, the Open Source License Terms shall control.

19. Third-party Services

The Viiv Pay-TV service or Viiv TV application may allow you to access certain Internet services, products, websites, advertising and content from advertisers, publishers, vendors and other third parties that are provided by third parties with whom you may have a separate relationship (“Third Party Services”). You agree that IHR Telecom You agree that Company shall bear no responsibility for such Third-Party Services or your continued access to them via the Service. You are responsible for all charges associated with accessing and using such Third-Party Services.

You hereby represent and warrant that you have the necessary rights to access and use such Third-party services via the Pay-TV service, and that your use of such services complies with the terms of use of such Third-party services. IHR Telecom reserves the right to restrict access to and use (or misuse) of, or refuse access to, any Third-party service otherwise accessible through the Pay-TV service or the Viiv TV application. IHR Telecom shall have no liability to you arising out of or in connection with the aforementioned.

20. Applicable Laws and Legal Jurisdiction

This policy is governed by the laws in force in the province of Quebec, as well as by the applicable decisions and regulations of the Canadian Radio-television and Telecommunications Commission (CRTC), in accordance with the Telecommunications Act (S.C. 1993, c. 38, Canada). Any interpretation of this policy must be in accordance with these laws and regulations.

Any dispute or disagreement relating to this policy or to the management of the personal information of users of the Viiv TV application shall be subject to the exclusive jurisdiction of the courts of the Province of Quebec. To this end, the parties agree that the judicial district of Iberville, province of Quebec, Canada, is the only court with jurisdiction to rule on any claim or lawsuit, to the exclusion of any other judicial district that may otherwise be competent under the law.

The fact that IHR Telecom does not require the strict application of a provision of this policy does not constitute a waiver of this right or a waiver of the right to assert any subsequent violation of said provision.

Interpretation

If any provision of this policy is declared invalid, illegal or inapplicable by a competent court, this decision will in no way affect the validity, legality or applicability of the other provisions, which will remain in full force and effect.

21. No Warranties

You acknowledge and agree that the Viiv TV App and the Pay-TV services, including all content contained therein or accessed thereby, are provided on an “as is” and “as available” basis. Except as otherwise required by law, IHR Telecom, its collaborators, suppliers and licensors hereby disclaim any and all representations, warranties and guarantees with respect to the Viiv TV App and Pay-TV services, whether oral, express, implied or statutory, and whether arising by law, statute, usage of trade, custom, course of dealing or performance of the parties, or the nature or context of this agreement, and including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

IHR Telecom, its employees, suppliers and licensors do not guarantee that:

The Viiv TV application or Pay-TV service will meet your requirements;
The Viiv TV Application or Pay-TV service will be uninterrupted, accurate, reliable, timely, secure, free of viruses or other harmful components or error-free;
The information contained in the Viiv TV application will be error-free or protected against any harmful components;
The quality of any products, services, information or other material accessed or obtained via the Viiv TV application or the service will correspond to what is stated or will meet your expectations;
That any errors in the Viiv TV application or service will be corrected or that the application or service will be kept up to date.

You acknowledge that the Viiv TV Application is not intended for use when the performance, use or misuse, failure, errors or inaccuracies in the content, data or information provided by the Application could result in death, personal injury, or serious physical, material or environmental damage.

IHR Telecom, its collaborators, suppliers and licensors do not warrant the compatibility or interoperability of the Viiv TV Application with your device or any other hardware, software or equipment you use in connection with it. You further acknowledge that compatibility or interoperability problems may result in degradation or total failure of the performance of your device, and may cause permanent damage to your device, loss of data, and corruption of software and files on your device. You will bear all the expenses necessary to maintain or repair your device.

You agree that IHR Telecom, its contributors, suppliers and licensors, and their officers, directors, employees and agents, shall have no liability to you for any loss or damage arising from compatibility or interoperability issues.

This section shall survive the termination of this Policy.

22. Limitation of Liability

IHR Telecom’s liability to you arising out of or related to this policy, access and/or use of the services, or any content provided through the services, as well as the acts or omissions of any third party, whether or not IHR Telecom has been informed of the possibility of such damages, whether or not caused by the negligence of IHR Telecom, or due to any act or omission on the part of IHR Telecom, shall be limited to actual damage caused to real property or tangible movable property, or to bodily injury or death resulting from the wilful misconduct or recklessness of IHR Telecom, to the extent that such liability may be excluded by law.

You will not be entitled to any other damages, including indirect or consequential damages, regardless of the form of action. IHR Telecom, its employees, agents, contractors and representatives shall in no event be liable for any unauthorized access, damage, modifications, loss or destruction of your software, files, data or peripherals, or for infringement of copyrights, trademarks, patents, trade secrets or other intellectual property rights.

This section will remain in force after the termination of this policy.

23. Compensation

You agree to defend, indemnify and hold harmless IHR Telecom, its officers, directors, shareholders, employees, representatives, affiliates and agents, and any other service provider furnishing services to you under this policy, from and against any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys’ fees) by you or any third party or user of the services, in connection with or arising out of:

Your access and use of the application, service or equipment;
Your breach of this policy or the law;
Your negligence or wilful misconduct;
Your violation of the rights of a Third-party.

These obligations survive termination of this Policy.

24. Third Party Claims

You agree that IHR Telecom shall not responsible for any Third-party claims arising out of your use of the services or equipment and you agree to reimburse IHR Telecom for all costs and expenses related to the defense of any such claims, including reasonable attorneys’ fees, unless such claims are due to our willful misconduct or gross negligence.

This provision shall survive termination of this policy.

25. Consent to Electronic Contact

It is essential that IHR Telecom be able to contact you from time to time. You have agreed to provide IHR Telecom with an e-mail address (your “primary e-mail address”) and you consent to receive e-mail from IHR Telecom at that address for all purposes related to this policy. Customer also agrees that IHR Telecom may call Customer at the telephone numbers provided by IHR Telecom. Customer agrees that such calls may be made using any method, including automatic dialing equipment, artificial or recorded voice, or electronic messages sent to a wireless device. If your wireless service provider charges you for electronic messages, you are responsible for the corresponding charges.

26. Service and Support

For assistance, visit our website at https://ihrtelecom.com/en/ or contact us at 450 346-0057 / 1 888 346-0057. You can also obtain further assistance or submit your comments at: info@ihrtelecom.com

27. Waiver

Except as provided in this Policy, the failure to exercise a right or require performance of an obligation under this Policy does not affect a party’s ability to exercise such right or require such performance at any subsequent time. A waiver of a breach does not constitute a waiver of any subsequent breach.

28. Third Party Beneficiaries

Except as expressly provided in this Policy or in agreements incorporated herein, nothing in this Policy is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person. You may not transfer your rights or obligations under this Policy. Any attempt by you to do so will be null and void. IHR Telecom may assign this Policy without restriction.

29. Binding Agreement

This policy is binding on the parties, their successors and authorised assignees, and applies for their benefit. If any provision of this policy is unenforceable in a given jurisdiction, it shall be ineffective in that jurisdiction to the extent of the prohibition or unenforceability, without invalidating the other provisions of this policy. Furthermore, such prohibition or unenforceability in a given jurisdiction shall not invalidate that provision in another jurisdiction.

30. Further Actions

Customer shall promptly execute and deliver to IHR Telecom such further documents and take such further action as Company may request in order to give effect to the intent and purpose of this policy.

31. Duration and Termination of the Policy

This policy is effective until terminated. IHR Telecom may, in its sole and absolute discretion, disable the Viiv TV App, or suspend or terminate this Policy and the rights granted to you, at any time, for any or no reason, with or without notice. Upon the termination of this Policy, you shall immediately cease using the Viiv TV Application, uninstall the Viiv TV Application from your device and delete any copies of the Viiv TV Application in your possession.

In no event will IHR Telecom be liable to you or any third party for any compensation, indemnification or damages resulting from the termination of this policy under its terms. Termination of this Policy will not affect any other rights or remedies that IHR Telecom may have, now or in the future.

32. Survival of Terms

In addition to this section, all provisions relating to indemnities, releases, limitations of liability, disclaimers of warranty, limitations of remedies, the arbitration agreement, and restrictions on use of the services, as specified in this document, shall survive termination of this policy and discontinuance of the services.

33. Entire Policy

This Policy, together with the documents incorporated herein by reference, constitutes the entire agreement relating to the use of the Viiv TV application and the Service, and supersedes all prior or contemporaneous agreements relating to this subject matter.

34. Changes to the Policy

IHR Telecom reserves the right to change this Privacy Policy. Any changes will be posted on the IHR Telecom Web site and will be effective immediately upon posting.

35. Miscellaneous provisions

For a detailed answer to your questions about security and privacy, please read IHR Telecom’s Privacy and Confidentiality Policy at https://ihrtelecom.com/confidential-politic/.

If you have any questions about this policy or about exercising your rights, please contact us at the following address:

DÉVELOPPEMENT INNOVATIONS HAUT-RICHELIEU (IHR Telecom)
For the attention of: Legal Department
8, boulevard du Frère André
P.O. BOX 68
Mont-Saint-Grégoire
Quebec, J0J 1K0

Or contact us by e-mail at the following address: donnéesihrwifi@ihrtelecom.com

Created by DÉVELOPPEMENT INNOVATIONS HAUT-RICHELIEU
(IHR Telecom)
Terms of use | Policy for the management and protection of personal information of users of the Viiv TV application.
DÉVELOPPEMENT INNOVATIONS HAUT-RICHELIEU (IHR Telecom).
All rights reserved.