The ITV and Fremantle Privacy Notice for ‘The X Factor 2018’ App
This privacy notice sets out how Fremantle, ITV and our authorised third parties may collect, use and protect your personal data and other information in order to deliver and enhance your user experience within The X Factor2018 App.
Any reference to “you” or “your” shall mean the user of this App. Any reference to ”we”, ”us” and “our” in this privacy notice is to ITV and Fremantle.
What this privacy notice covers
This privacy notice covers all versions of The X FactorApp (collectively, the “App”) that are controlled by us and made available for mobile devices via iTunes, Samsung or the Google Play Store.
Any personal information you supply to us via the App (and by other means) will be treated in accordance with applicable data protection law. Where you provide us with personal information relating to others via the App, you confirm that you have their consent or are otherwise entitled to provide this information to us and for us to use it in the ways described in this privacy notice.
By downloading the App you are deemed to have accepted the Conditions of Use (including the terms of this privacy notice). If you do not agree with the Conditions of Use as they apply to the App, then please refrain from downloading, accessing or using the App.
What we collect
We may collect the following information in provision of the App to you: your IP address through which you use of the App.
Depending on your activity on the App, the following data may also be collected:
- Voting: An identifier which represents a Google, Samsung or Apple account, the number of unique device codes voting in respect of any given voting round for each such account identifier, the number of devices registered to each account, number of votes submitted, including data necessary for the capping and monitoring of voting interactions, collected via the App.
- Competition Entries: Phone number, email address and memorable pass code, collected via the linked ITV competition portal website.
What we do with the information we gather
When you use the App we may process your data in a variety of ways, for several different reasons and with a range of legal justifications. Please see the table below.
|Purpose of processing||Data involved||Legal grounds for processing|
|Provision of the App and play-out of content||Device IP address||The ITV and Fremantle Conditions of Use for ‘The X Factor 2018’ App|
|Voting||An identifier which represents a Google or Apple account, the number of unique device codes voting in respect of any given voting round and for each account identifier, the number of devices registered to each account, number of votes submitted, including data necessary for the capping and monitoring of voting interactions.||Fulfilment of a contract (applicable Voting Terms & Conditions)|
|Competition Entries||Phone number, email address, PayPal PIN||Fulfilment of a contract (applicable Competition Terms & Conditions)|
|Queries and complaints handling||Names, email addresses, phone numbers, postal address and any personal data submitted by individuals via the customer enquiry email address.||Fulfilment of a contract (applicable Voting and/or Competition Terms & Conditions)|
|Analytics||Device ID number, device type, device operating system type, device IP address.||Legitimate interest (for details see below)|
Your information may also be used by us and our authorized third parties to monitor, develop and improve the App and/or your experience of the App. This information may be used to allow the following:
- personalising the content you see, based on the details given by you and/or your activity on the App;
- assisting in and administering provision of the App;
- processing or dealing with any enquiries made by you or about you;
- investigating any suspected breach of these terms;
- contacting you with App service messages (by way of example only, if any of the services for which you have registered are no longer available, we or an authorized third party may contact you to let you know); and
- to monitor compliance with these terms or other applicable terms and conditions (including checking submissions by you in relation to your use of the App).
Where we process your personal data on the basis of legitimate interest (as set out above), for Analytics, we are referring to our legitimate interest in understanding how people are using the App both to improve the App and for it to function more effectively. Therefore, we may use your personal data to understand and analyse use of the App. However, there may be circumstances where we may also rely on other valid legal grounds for the processing of your personal data, such as:
- your request for our products or services necessitating steps including processing of your personal data to be taken prior to entering into a contract with you and any processing that is necessary for fulfilment of any such contract, for example entry to competitions; and
- where we need to process your data in order to comply with a legal obligation to which we are subject.
Your personal data will be retained until your last use or purchase of our products or services and/or where we have a legitimate and lawful purpose to do so. The retention of your personal data will be subject to periodic review. We may keep an anonymised form of your personal data, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so.
You may be asked if you would like to receive push notifications. You can turn these off at any time by adjusting the settings on your device.
Cookies in this App
What are cookies? Cookies are small files of letters and numbers. These files are stored in the memory of your computer or other device such as mobile phones or tablet devices.
For more details about cookies and details of how to delete and disable cookies you can visit www.aboutcookies.org and also see our section on more information and turning cookies off below.
Please note this App uses the following cookies or cookie like devices within it to perform the following functions:
- LViS enmasse session id; and
- Device id for Crashlytics.
By accessing and using this App you are agreeing to the terms and use of these cookies within the App. These cookies will be deleted if the App is deleted/uninstalled (although there is a period before Apple/iOS and/or Android decide to delete the secure storage where if you delete the App and reinstall the App, some of the cookies will still be active).
If you download the App on a mobile device with a Google Android or Apple iOS operating system then the App may check the status of user identifiers provided by that operating system or collect certain information submitted by you when voting. We will pass on that identifier and its status to permitted third parties so that you can enter competitions, vote and for analytics purposes.
Disclosure of data
There are circumstances where we disclose your personal data to third parties. This will only take place in accordance with the applicable law and for the purposes set out below. These scenarios include disclosure:
- to our outsourced service providers or suppliers to facilitate the provision of our products or services to our users, for example:
- disclosure to our voting provider Tectonic Interactive Limited in order to allow you to participate in, and for us to collect votes or entries in relation to, The X Factor voting rounds; and
- disclosure to our competition partners who facilitate entry into competitions via the linked ITV competition portal website, namely Fonix Mobile Limited, Paypal Europe, s.a.r.l, and Neon Cube Limited;
- to third party service providers and consultants in order to protect the security or integrity of our business, databases and systems and for business continuity reasons, including any third party service provider used to screen communications for legal and regulatory compliance purposes;
- to another legal entity, on a temporary or permanent basis, for the purposes of a joint venture, collaboration, financing, sale, merger, reorganisation, change of legal form, dissolution or similar event. In the case of a merger or sale, your personal data will be permanently transferred to a successor company;
- to public authorities where we are required by law to do so; and
- to any other third party where you have provided your consent.
We are committed to ensuring that your information is secure. Where reasonably possible we use industry-standard technology to allow for the encryption of sensitive information we collect. Although we endeavour to protect your personal data, because of the nature of the Internet, we cannot guarantee the security of your data transmitted to the App and any inward transmission of data is carried out at your own risk.
We are based in the UK. All data we collect will be stored in the European Economic Area (EEA).
Your personal data and Your Legal Rights
Any personal information you supply to us via App or via any third party website will be treated in accordance with applicable data protection laws including the General Data Protection Regulation ((EU) 2016/679) (the “GDPR”) and any applicable legislation that supersedes or replaces the GDPR in the UK or which applies the operation of the GDPR as if the GDPR were part of UK national law (including the Data Protection Act 2018).
We are committed to delivering the rights that individuals are entitled to under data protection laws in the UK (or as otherwise applicable). These are:
- the right to request a copy of the personal information we hold about you. To do this, please contact us at the address shown below making clear that you are requesting a copy of your personal data and including full details of what you require. You may also be required to submit a proof of your identity and a fee;
- the right to object to your personal information being used for direct marketing. We will give you the ability to object to this, and where required we will ensure we obtain your consent before undertaking marketing;
- the right to object to your personal data being processed where the legal basis for the processing is our own legitimate interests as a business (see the ‘legal basis for processing’ section above). We will comply with such a request unless there is a lawful reason for not doing so, such as, when we need to continue to process your data to defend a legal claim;
- the right to rectification. You may request that we rectify any inaccurate and/or complete any incomplete personal data;
- the right to withdraw consent. You may, as permitted by applicable law, withdraw your consent to the processing of your personal data at any time. Such withdrawal will not affect the lawfulness of processing based on your previous consent. Please note that if you withdraw your consent, you may not be able to benefit from certain service features for which the processing of your personal data is essential;
- the right of erasure. You may request that we erase your personal data and we will comply, unless there is a lawful reason for not doing so. For example, there may be an overriding legitimate ground for keeping your personal data, such as, a legal obligation that we have to comply with, or if retention is necessary for us to comply with our legal obligations;
- the right to data portability. In certain circumstances, you may request that we provide your personal data to you in a structured, commonly used and machine readable format and have it transferred to another provider of the same or similar services to us. Where this right is applicable, we will comply with such transfer as far as it is technically feasible; and
- the right to lodge a complaint with the supervisory authority. We suggest that you contact us about any questions or if you have a complaint in relation to how we process your personal data. However, you do have the right to contact the relevant supervisory authority directly. To contact the Information Commissioner’s Office in the United Kingdom, please visit the ICO website for instructions.
The point of contact for further information about or to exercise any of the rights above is set out in the “Contact Us” section below.
Third Party Links
The App may contain links to other linked ITV websites which are not covered by this privacy notice, and your use of such websites will be governed by the relevant ITV website terms and conditions and privacy notice.
The App may contain links to other websites which are outside our control and are not covered by this privacy notice. If you access other websites using the links provided, the operators of these websites may collect information from you which will be used by them in accordance with their privacy notice, which may differ from ours.
Any personal data which you submit in accessing the App via the Apple and/or Android device app store providers (including without limitation Google Play, Samsung App store or other Android store) is held by the app store provider under their privacy notice and cookie notice.
We do not intentionally collect any information via the App from children under 16 years of age, and we shall delete the details of such users when a parent or guardian notifies us that any details have been obtained from their child.
Any reference to “Fremantle” is to FremantleMedia Limited (company number 276928) with registered office at 1 Stephen Street, London, W1T 1AL. Company No. 00276928. VAT Registration: GB 222 7151 96.) Any reference to “ITV” is to ITV Consumer Limited (company number 2937518) and ITV Rights Limited (company number 6633451) each of registered office address 2 Waterhouse Square, 138 – 142 Holborn, London, EC1N 2AE..