Privacy Policy

Effective Date: July 1, 2021

This Privacy Policy applies only to the websites, apps, and services controlled by ASYNCTV LLC ("we," "our," "us" or "ASYNC") or a third party agent of ASYNC, and other websites, apps, and services where this Privacy Policy is posted (collectively, the "Sites").


Your use of the Sites is also expressly subject to our Terms of Use, available at

Those with disabilities may also access this Privacy Policy in an alternative text-based format, such as HTML, RTF, or PDF by clicking here.

Please note the arbitration provision set forth below, which may, except where and to the extent prohibited by law, require you to arbitrate any claims you may have against ASYNC on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

We encourage you to periodically review this Privacy Policy to keep up to date on how we are handling your personal information.

A. Information Collected

We collect two types of information from visitors to the Sites: (1) personal information; and (2) non-personal information. "Personal information" is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you, your household, or device, such as your name, address, telephone number, email address, or company name. "Non-personal information" is information that does NOT identify you or your household personally. We note, however, that throughout time, non-personal information could become personal information through regulatory developments, technological advancements, or co-mingling with personal information. Where personal information and non-personal information are combined, we treat the combined set of information as personal information.

(1) Active Collection

We collect and store personal information from you directly, at the time you supply information to us via the Sites. For instance, if you sign up for an account or contact us with a question, we may store your communications, including any personal information you include in them, so we can effectively respond to you. The information we actively collect from you may include:

(2) Passive Collection

We may collect information passively while you are visiting or interacting with the Sites. We call this “passive” collection because you may not know that this information is being collected. The information we passively collect from you may include:

Category of Personal Information

Disclosure to Third Parties
Directly from you
Indirectly from you (e.g., from observing your actions on our Sites)
From third party service providers, such as data analytics providers
To fulfill or meet the reason you provided the information, e.g., to respond to an inquiry, communicate with you, customer support, billing
For marketing
For understanding user experience
For business purposes to: payment processors, fraud screening services
For marketing purposes to: data analytics providers, platforms
Personal Information categories contained in customer records
Directly from you
To fulfill or meet the reason you provided the information, e.g., to respond to an inquiry, communicate with you, customer support, billing
For marketing
For understanding user experience
For business purposes to: payment processors, fraud screening services
Demographic Information
Directly from you
For understanding user experience
Geographic Information
Directly from you
For marketing
For understanding user experience
Protected classification characteristics under California or federal law
Directly from you
To fulfill or meet the reason you provided the information
Commercial information
Directly from you
To fulfill or meet the reason you provided the information, e.g., to respond to an inquiry or process your order
Disclosure for business purposes to: payment processors, fraud screening services
Internet or other similar network activity
Indirectly from you (e.g., from observing your actions on our Sites)
From third party service providers, such as data analytics providers
To fulfill or meet the reason you provided the information, e.g. customer support, customer account maintenance, to enable comments from you on our webapp
For understanding user experience
For marketing purposes to: data analytics providers
Inferences drawn from other personal information
Indirectly from you (e.g., from observing your actions on our Sites)
From third party service providers, such as data analytics providers
For understanding user experience

B. Use of Information Collected Via the Sites

(1) Personal Information

We use your personal information that is collected on these Sites for the purposes set forth above. We primarily use information for the following purposes:

(2) Non-Personal Information

Non-personal information is used similarly as described above and in other ways as permitted by applicable laws, including combining non-personal information with personal information.

C. Legal Bases for Processing

We process personal information in accordance with applicable law and with transparency and fairness. Our processing activities are conducted:

With your consent;

D. Sharing and Disclosure of Information

(1) Personal Information

We may share or disclose your personal information to the following parties and in the following instances:

(2) Non-Personal Information

We may share non-personal information collected on the Sites in the manner disclosed above and in other ways as permitted by law.

E. Collection and Use of Information from Children

The Sites are not intended for use by persons under the age of 13, or under the age of 16 for EU visitors. ASYNC does not knowingly collect information from visitors under the age of 13, or 16 in the EU. In the event that we learn that a person under these ages has provided ASYNC with personal information, we will delete such personal information.

F. International Transfer of Information

If you choose to provide ASYNC with personal information, and with your prior consent, ASYNC may transfer that information to its affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal information to the United States which does not have the same data protection laws as the EU and may provide more limited recourse mechanisms, including dissimilar or, at times, weaker data protection rights. With knowledge of these risks, you understand that:

Your personal information may be used for the uses identified above in accordance with this Privacy Policy; and Your personal information may be transferred to the United States as indicated above.

G. Your Rights and Choices

Please contact ASYNC at the address below if you have questions about your personal information or if you would like to otherwise make a change to such information. You can also specifically update, change, or delete certain personal information (such as your email address, mailing address, and payment method) on the Sites by logging into your account and clicking "My Account" in the menu at the top of each page of the website.

Additionally, residents of the European Union have the right to:

California residents have rights, further explained in section Q below.

H. Opt-Out of Communications

We communicate with users who subscribe to our services on a regular basis via email. For example, we may use your email address to send you information about a service requested by you, to confirm a service requested by you, to send you notice of payments, to send you information about changes to our services, and to send notices and other disclosures as required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional. However, we provide you the opportunity to exercise an opt-out choice; if you do not want to receive other types of communication from us, such as emails or updates from us regarding new services and products offered on the Sites or if you do not want us to share your personal information with third parties. The opt-out choice may be exercised by ticking or un-ticking the appropriate box if such checkbox is available at the points where personal information is collected, or by contacting us. We will process your unsubscribe request as soon as possible and in accordance with applicable law, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe request is processed. You also may opt-out of receiving such emails by clicking on the "unsubscribe" link within the text of the email.

I. Forums, Chat Rooms and Other Public Posting Areas

Please note that any information you include in a message you post to any chat room, forum or other public posting area is available to anyone with Internet access. If you don't want people to know your e-mail address, for example, don't include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.

J. Third Party Websites

This Privacy Policy applies solely to information collected on the Sites. The Sites may contain links to other websites, such as to relevant online resources, our partners' websites, and other third party websites. We are not responsible for the privacy practices or the content of these other websites.

K. Cookies and Ads

We use, and may allow certain third parties (including advertisers, third party ad networks, and other ad companies) to use, cookies and other similar technologies to provide our services, serve advertisements on the Sites, and to improve the performance of ASYNC's advertising across the Internet. Please be advised that such advertising companies may gather personal information about your visit to the Sites or other sites to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which webpages you were viewing when such ads were delivered. Here are some examples of information that is collected via the Sites and a description of how this information is used:

Cookies and Web Beacons - We may use certain kinds of technology such as cookies and web beacons or work with third party web analytic service providers to collect information about how you use the Sites. Among other things, the use of cookies and web beacons enables us to improve our services by seeing which areas and features are most popular, to count the number of computers or mobile devices accessing our services, to personalize and improve your experience, to record your preferences, to allow you to visit our Sites without re-entering your username and/or password, and to improve the performance of our advertising across the Internet. A cookie is a small amount of data which is sent to your browser from a website's computer and stored on your computer's hard drive or your mobile device. Most browsers automatically accept cookies as the default setting. You may be able to set your browser not to accept cookies, or to warn you when a cookie is being placed on your computer. However, if you choose not to accept cookies, your ability to use our Sites may be hindered. A web beacon is an electronic image, also called a "gif," that may be in the form of a "png" image, as well as iframe, script, input link, embed, object, and other tags to track usage. These web beacons may be used on our web pages to deliver cookies, count visits and compile statistics on usage and effectiveness of our Sites.

Google Analytics - To help facilitate the delivery of relevant content, we use Google Analytics and have implemented all Google Advertising Features, including Remarketing, Impression Reporting, and Demographics, and Interest Reporting. Google Analytics uses cookies to report on user interactions on our and others' websites. We use the data collected for optimizing marketing, refining advertising and/or programming strategies, and generally making advertising more effective. Google provides a complete privacy policy and instructions on opting out of Google Analytics here: Note that the opt-out is specific to Google activities and does not affect the activities of other ad networks or analytics providers that we may use.

Depending on the particular advertising services they provide, these third party advertising companies may employ first-party cookies or third-party cookies. Unlike third-party cookies, first-party cookies are hosted on ASYNC's servers. You can opt-out of first-party cookies by clicking here ( If you would like more information about third-party cookies or to learn more about your opt-out choices, please click here ( PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH THIRD PARTY WEBSITES AND ADVERTISING COMPANIES.

L. Assignment

In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personally identifiable and non-personal information collected via the Sites.

M. Changes to this Privacy Policy

We reserve the right to change this Privacy Policy from time to time. When we do, we will also revise the "last updated" date at the top of this Privacy Policy. When we make any material changes to this Privacy Policy, we will notify you either by sending a notice to the primary email address specified in your account or by placing a prominent notice on the Sites.

N. Security and Retention

We implement reasonable security measures to protect against the loss, misuse, or alteration of the information you provide us. We may use third party products and services to secure or store your information. Please understand that no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to ASYNC is done at your own risk. We use firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.

If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using these Sites or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of these Sites. We may post a notice on our Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

The personal information record created through your registration with our Sites can only be accessed with the unique password associated with that record. To protect the integrity of the information contained in this record, you should not disclose or otherwise reveal your password to third parties. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used. Please let us know immediately if you believe your password has been compromised.

We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

O. Disputes and Agreement to Arbitrate

Except where and to the extent prohibited by law, by using the Sites, you and ASYNC agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it ("Dispute"), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute.

Notice shall be sent to AsyncTV at:

ASYNCTV LLC50 Fountain PlazaSuite 1700Buffalo, NY 14202

To you: at the information we have on file for you.

Both you and ASYNC agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS ( for binding arbitration under its rules then in effect in the Greenbelt, Maryland area, before one arbitrator to be mutually agreed upon by both parties.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable.

P. Choice of Law

This Privacy Policy has been made in, and shall be construed in accordance with, the laws of the State of Maryland, without giving effect to any conflict of law principles. The parties acknowledge that this Privacy Policy evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Privacy Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

Q. Your California Privacy Rights

California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding ASYNC's disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at the address provided below and reference “Shine the Light” in your subject line.

If you are a California resident, from January 1, 2020 you have the following additional rights:

R. How We Respond to Do Not Track Signals

CS does not support Do Not Track browser settings and does not currently participate in any "Do Not Track" frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your personal information or non-personal information.

S. Contacting ASYNC

If you have any questions about this Privacy Policy or our privacy practices, please contact us at the following address:

Attn: Privacy Office
50 Fountain PlazaSuite 1700Buffalo, NY 14202