TCL CHANNEL LEGAL INFORMATION

Privacy Notice

This Privacy Notice is effective as of Dec. 20, 2020.

This Privacy Notice describes how TCL and/or its affiliates and subsidiaries (collectively ‘TCL” or “we”) protect the personal data we process and control relating to you (“your personal data”), what types of personal data we collect about you, what we do with it, how we disclose it and which rights you have in relation to the processing of personal data. Your privacy is important to us. We respect your privacy when handling your personal data.

TCL protects your personal data in accordance with any applicable privacy laws and our privacy policies. This Privacy Notice provides an overview of TCL most common processing activities of your personal data. Please note that certain specific processing activities may be subjects to a separate and tailored privacy statements that will apply in addition to this Privacy Notice.

When does this Privacy Notice apply?

This Privacy Notice applies whenever we collect personal information from or about you when you access or use any of our websites, TCL’s and relevant Alcatel brand devices, services (including streaming services, online services and those provided via your TCL account), applications, software, technologies and any other materials (“TCL materials”) or when you contact us in any manner. This Privacy Notice applies to personal consumers and other individuals within our clients, business partners, supplier and other organizations with which TCL has or contemplates a business relationship. To find out more, please click on any of the sections below:

· Personal data we collect about you

· Uses of your personal data

· Disclosure of your information to third parties

· Third party links

· International Transfers of personal data

· Security of your personal data

· Retention of your personal data

· Your rights

· Product specific terms

· Use of cookies

· Contacting us

We may update this Privacy Notice anytime to reflect changes in how we collect and use your personal data or changes in relevant laws. Any update to this Privacy Notice will be effective upon its posting on our website at https://www.tcl.com/content/legal-notice/privacy-notice.html. In addition, we may also send a message to you to inform you about the changes to this Privacy Notice.

By visiting our websites or using our devices and services and/or by providing your information, you are accepting and consenting to the practices described in this Privacy Notice.

Personal data we collect about you.

We may collect and process the following personal data about you:

· Information that you provide to us. This includes information about you that you give us by filling in forms, entering information in our website, creating user accounts or by communicating with us, whether face-to-face, by phone, online, by e-mail or otherwise. “Personal Information” means: (i) any data that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, under the California Consumer Privacy Act (CCPA) whenever applicable and (ii) any information relating to an identified or identifiable natural person (the “data subject”) whenever the General Data Protection Regulation (“GDPR”) applies. Personal Information includes without limitation the following:

· Personal and/ or business contact information: your name, shipping, billing and/or business address, email address, phone number;

· Log in information: username, password, nickname;

· Demographic information: date of birth, gender;

· Payment information: your debit or credit card details, bank details or other payment and financial information;

· Other information about you such as your occupation, language, voice pattern;

· Information about the TCL materials and services that you own and use, location of your device and time zone and proof that you purchased them.

Except for certain information that is required by law, your decision to provide any Personal Information to TCL is voluntary. You will therefore not be subject to adverse consequences if you do not wish to provide TCL with your Personal Information. However, please note that, if you do not provide certain Personal Information TCL may not be able to accomplish some purposes outlined in this Privacy Notice and you may not be able to use or access certain TCL devices or services that require the use of such Personal Information.

· Information we collect or generate about you. This includes, without limitation, the following:

· details about your usage of the TCL account, TCL applications, TCL and Alcatel websites and devices;

· details about your usage of the products that we supply to you such as the content viewed through the device and usage habits;

· the IP address, MAC address, Device-ID, Terminal ID, serial number, IMEI number, IMSI number and any other device identifiers or device-specific information about your TCL materials; geolocation information provided by your device’s GPS signal or communicated through a nearby Wi-Fi access points and cell towers while you use certain services and enable the location feature;

· error logs, error codes and error descriptions and other information that you provide relating to faults or defect experienced with any of your TCL materials; and

· where we provide after-sales services to you, recordings of phone conversations between you and our staff.

· Information we obtain from other sources. This includes, without limitation, the following:

· information from social media networks;

· Information obtained from other providers of products, services, websites and applications;

· other commercially or publicly available sources; and

· if you take part in market research programs organized and/or sponsored by/on behalf of TCL we may also collect information from third party websites or social media networks, in accordance with the privacy policies of those respective websites and social media networks.

Whenever we collect information about you from third parties, we will ensure that those third parties are allowed to share such information with us and that our use of the Personal Information collected from them complies with all applicable data protection laws.

We will not knowingly collect any Personal Information about children under age 13 without making it clear that such information should only be provided with parental or guardian’s consent, if this is required by any applicable laws. TCL will only use Personal Information relating to children as far as it is permitted by the law where the required parental or guardian’s consent has been obtained.

Uses of your personal data

Your personal data may be collected, stored, processed or otherwise used by us in the following ways and for the following purposes:

· to manage our products and services and your use of our TCL materials

· to provide software updates, maintenance services and support for TCL materials;

· to help you manage your TCL account;

· to allow you to download and purchase our products and services such as our applications and related websites and / or to give you access to third-party applications installed on the device;

· to process payments transactions or orders for TCL materials;

· to contact you in relation to TCL materials and services, , for example, in the event that any TCL materials have changed or present issues;

· (particularly when using your business contact,) to conduct ordinary business operations and for associated administrative purposes;

· to protect against and prevent fraud, and other legal or information security risks.

· to keep TCL materials secure and prevent crime and fraud;

· to respond to any complaints or questions that you may raise in connection with TCL materials, and to defend and exercise legal rights;

· to improve or personalize TCL materials or develop new ones;

· to administer contests, promotions, events, market research, survey in relation to TCL materials;

· to facilitate internal purposes such as auditing, data analysis, and research to improve our products, services, user experience and customer communications;

· to comply with all applicable laws, regulations, directives and court decisions;

· to send you information about TCL materials and help to make that information more relevant to you. We may need your consent for certain marketing activities. We offer you various ways to opt-out of receiving certain communications from us. If you would like to opt out of receiving e-mail marketing communications from us you may click the “Unsubscribe” link found at the bottom of the e-mail and follow the instructions. You can always review and update your preference at any time by the method provided to you.

We do not sell or otherwise disclose Personal Information you have provided to us, except as described in this Privacy Notice, as disclosed to you at the time of the data collection or as described in any specific privacy notice, as applicable. We will not disclose your Personal Information to third parties, unless such disclosure will be necessary with reference to the legal purpose of the processing, as better described in the following section “Disclose of your Personal Information to third parties”.

We are allowed to process your Personal Information for the purposes set out in this Privacy Notice because one or more of the following applies:

· the processing of your Personal Information is necessary to perform a contract with you and to provide you with products and services;

· TCL is required to do so in compliance with a legal obligation to which it is subject;

· The processing is necessary for TCL to establish, exercise or defend its legal rights or for the purpose of legal proceedings;

· TCL has legitimate interest in collecting and processing your Personal Information, for example, with reference to the following:

· conducting market research in relation to our products and services, whereby legally permissible;

· improving the products and services that we provide;

· making our communications or the content that we provide to you more relevant to you;

· minimizing our risks, for example, in relation to credit or fraud; and

· developing our training process and systems; and

· you have given your prior consent to certain types of processing. For example, you may have consented to receive marketing messages from us or from third parties on TCL’s behalf.

Disclosure of your Personal Information to third parties

We may disclose your Personal Information with TCL’s affiliates and subsidiaries in one or more of the circumstances described below:

· to help us provide you with TCL materials;

· where we market products and services provided by TCL’s affiliates and/or TCL’s subsidiaries; and

when it is necessary for one of the purposes for which TCL lawfully processes your Personal Information under this Privacy Notice. In case of disclosure of your Personal Information to any TCL’s affiliate or TCL’s subsidiary under the conditions above, we will adopt appropriate measures to ensure that the access to your Personal Information will only be given to the employees of such TCL’s affiliates and TCL’s subsidiaries that need it in order to carry out the purpose of the data processing under this Privacy Notice and in compliance with the principle of data minimization.

We may also share your Personal Information with third-parties in order to serve you better in certain situations including the following:

· in case of sale of any TCL’s business or assets or merger with another company, we may disclose your Personal Information to the prospective buyer for due diligence purposes and on completion of the sale or merger;

· if we market third-party products or services to you, we may share your Personal Information with those third parties;

· when you provide your consent to disclose your Personal Information to specific and identified third party or category of third parties;

· to third-party agents or contractors (for example, the providers of our electronic data storage services) that we hire to support us in providing our services and products to you. We will ensure that such third-parties will be processing your Personal Information in compliance with the provisions set out in this Privacy Notice and under a confidentiality duty;

· to business partners who provide products and / or services that are embedded or serve as a component of TCL materials that we provide to you. These third parties will be responsible for how they use your Personal Information in connection with their services and products as described in a separate privacy notice provided by them; and,

· to the extent required by law, if we are under a duty to disclose your personal data in order to comply with any legal obligation, establish, exercise or defend our legal rights.

Third-party links

Our website may contain links to third-party sites. We are not responsible for the privacy practices or content of such other sites and this Privacy Notice does not apply to them. If you have any questions about how these other sites use your Personal Information, please review their policies and contact them directly.

International transfers of Personal Information

Your use of the TCL account or other TCL materials may involve the transfer, storage and processing of your Personal Information within and outside of your country of residence, consistent with this Privacy Notice. The data protection laws of countries to which your Personal Information may be transferred might not guarantee the same level of protection as your country does.

Transfer of Personal Information outside of the European Economic Area (EEA) when GDPR applies.

When we transfer your Personal Information from within the EEA to outside the EEA, we will ensure that it is protected in a manner that is consistent with how your Personal Information will be protected by us in the EEA and an adequate level of protection will be ensured, through one of the following mechanisms:

· the third country where we transfer your Personal Information has been recognized as capable to ensure an adequate level of protection by a decision of the European Commission;

· the importer and the exporter have signed the “standard contractual clauses” approved by the European Commission with its decision on February 5, 2010, establishing obligations to safeguard the personal data in accordance with EU standards; or

· where the transfer is to the United States, the EU-US Privacy Shield may apply and the importer is required to self-certify compliance with the Privacy Shield principles.

· In absence of an adequate level of protection, controller and processor provide adequate safeguards and enforceable data subjects rights and effective legal remedies for data subjects are available.

You may request additional details about how your Personal Information is protected by us in case of transfer outside an EEA country (including a copy of the Standard contractual clauses entered into with importers in the third country) by contacting us as described in the “Contacting us” section below.

Security of your Personal Information

We have adopted organizational, physical and technical security measures that are in line with the industry standards to protect the Personal Information you provide, and to prevent any unauthorized access, disclosure, use, modification, damage or loss of data. We will take all reasonable and practical steps to protect your Personal Information, including the following:

· We will use SSL and other technical measures to ensure encryption with regards to our services and products. We will regularly examine our practice of information collection, storage, and processing (including physical security measures) to prevent unauthorized system access.

· We will authorize our employees and personnel of third parties to access your personal data only on a need-to-know basis in order to help us process your Personal Information and provide the services to you. These employees and external personnel (of third parties authorized by us) are subject to strict contractual confidentiality obligations. Should they fail to fulfill these confidentiality obligations, they may be held accountable for confidentiality breach and their relationship with us may be terminated.

· The security of your Personal Information is extremely important to us. We will continue our efforts to protect your Personal Information and implement safeguard measures, such as providing full encryption for information storage and transmission, to prevent your Personal Information from unauthorized access, usage or disclosure. No one but the user can access specific contents of certain encrypted data.

· We will adopt encryption and other security measures to transmit and store your Personal Information of particular types; and we will use technical measures to process your personal biometric information before storing it, e.g. we will only store the essential components of such personal biometric information.

· We will prudently select business partners and service providers, and implement the requirements for personal data protection to the business contracts or audits and assessments between both parties.

· We will conduct security and privacy protection training courses, testing and publicity activities to enhance employees' awareness of the importance of protecting personal data.

Please understand, however, that no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any Personal Information you transmit to us and you understand that any Personal Information that you transfer to us is done at your own risk. If we learn of a security system breach, we will act in a timely fashion in accordance with any applicable law.

Retention of Personal Information

TCL retains your Personal Information only for as long as necessary and it will be deleted after a reasonable time according to the following criteria:

· TCL retains your Personal Information as long as it has an ongoing relationship with you;

· TCL retains your Personal Information as long as it needs to comply with a legal obligation to which it is subject; and TCL retains your Personal Information where it is advisable to safeguard or improve TCL’s legal position (e.g. in relation to litigation, regulatory investigations).

Your rights

Data protection laws may give you a number of legal rights in relation to the Personal Information that we hold about you. Not all data protection laws are the same so not all of these rights apply in all places. Also, some of these rights are subject to qualifications and limitations and exercising these rights may impact the services and products that we provide to you. However, we recognize that your Personal Information belongs to you only and that enables you to control how we use it. Your rights may include:

· the right to request access to the Personal Information that we process about you, including the right to obtain information on and copy of such data;

· the right to withdraw your consent to our processing of your Personal Information at any time. Please note, however, that we may still be entitled to process your Personal Information if we have another legitimate reason (other than consent) for doing so;

· in some circumstances, the right to receive some Personal Information in a structured, commonly used and machine-readable format and/or request that we transmit those data to a third party where this is technically feasible. Please note that this right only applies to personal data which you have provided to us;

· the right to request that we rectify your Personal Information if it is inaccurate or incomplete;

· the right to request that we erase your Personal Information in certain circumstances. Please note that there may be circumstances where you ask us to erase your Personal Information, but we are legally entitled to retain it;

· the right to object to, and the right to request that we restrict, our processing of your Personal Information in certain circumstances. Again, there may be circumstances where you object to, or ask us to restrict, our processing of your Personal Information but we are legally entitled to continue processing your Personal Information and / or to refuse that request; and

· the right to lodge a complaint with the Supervisory Authority (details of which are provided below) if you think that any of your rights have been infringed by us.

You can exercise your rights by contacting us using the details set out in the “Contacting us” section below.

We may need to confirm your verifiable consumer request before completing your request, and, for example, may ask for you to confirm data points we already have about you. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

You can find out more information about your rights or lodge a complaint with the relevant supervisory authority if you consider that our processing of your Personal Information breaches any applicable law. Contact details for all European Union supervisory authorities can be found here:https://edpb.europa.eu/about-edpb/board/members_en.

Your California Privacy Rights

Under California law, we are required to provide the following information. We have collected the following personal data in the past 12 months:

For Residents of California, United States only, in addition to the above mentioned rights in the “Your Rights” section, from January 1, 2020, you will be entitled to the below rights:

· the right to know. You may request information about the categories and specific pieces of Personal Information we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information and the sale or disclosure for business purposes of your Personal Information to third parties;

· the right to opt out of the sale of your Personal Information to third parties. If the Personal Information to be sold is the Personal Information of a child between 13 and 16 years of age, the right to opt in is given to him/her. If the child is 12 years old or under, the parental/guardian authorization is required;

· the right to not be discriminated against for exercising any of the rights mentioned above; and

· subject to certain legal exceptions, you have the right to request deletion of your Personal Information.

Additionally, California Civil Code Section 1798.83 permits users who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us using the contact information provided below and put “Shine the Light” in the subject line of your request.

You can exercise your rights by contacting us using the details set out in the “Contacting us” section below. You may designate an authorized agent to make a request on your behalf. Such authorized agent must be registered with the California Secretary of State. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.

Product specific terms

This Privacy Notice applies generally to how we use your Personal Information in relation to our products and services. We may also process additional Personal Information in relation to particular products or services.

· TCL Channel

· We may collect and process your personal data associated with your Roku TV user account (for example your email address) and/or any third party account (Facebook or Google) you may use to log on the TCL Channel platform. Please refer to the privacy notices of the relevant third parties for future information on how they share your personal data with us.

· TCL Channel allows users to search content available within TCL Channel by initiating the voice control function in Roku TV. When you use the voice control function, your voice data will be processed by Roku TV directly. Please refer to the Roku TV privacy notices for information on further processing of your voice data.

· We may collect and process data in relation to the Roku TV device you hold (e.g. its device model, unique device identifier, brand, MAC address, Roku operating system version, region, IP address, application version), and your use of TCL Channel (e.g. your clicks records and browsing history). We may engage third party processors to analyze such data and build profiles on your usage and preference. We do this so that we can understand better how our customers use TCL Channel and make recommendations to you on other content which you may be interested in.

Use of cookies

We use “cookies” and similar web technologies to support certain features of the TCL account and other websites and applications operated by us. A cookie is a piece of code deployed on your device. We use two types of cookies: “session cookies” and “persistent cookies”.

A session cookie expires after you close your browser. A session cookie will identify you during your browsing session by assigning a randomly generated unique identification number to your device. We use session cookies to:

· enable us to provide products and services to you and manage transactions. For example, we may deploy a cookie to remember what items you have stored in an online shopping basket; and

· for certain content management and editing purposes.

Persistent cookies do not expire when you close your browser. We use persistent cookies:

· to record whether a visitor is logged in to the TCL account;

· to record when a visitor to the TCL account or other TCL website / application gives consent to our use of cookies;

· for performance and design purposes. For example, we might use cookies to track which parts of our websites or applications are popular and to figure out how to improve their functionality;

· to improve user experience and personalize what you see. For example, we might use cookies to record user preferences and to ensure that more relevant website / application content (including advertising content) is delivered to users;

· to enable us and third-party partners that we work with to deliver advertisements or tailor marketing messages that you have consented to receive. For example we may use cookies to record what products and services you buy or show interest in and use third party services to enable relevant advertisements to be shown on our and other websites / applications based on that information; and

· for certain content management and editing purposes.

If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your device. You may also delete cookies as soon as you leave the TCL account or other TCL website / application. Although you are not required to accept cookies when you visit the TCL account, if you set your browser to reject cookies, you may not be able to use all of the features and functionality of the TCL account or other TCL website / application.

We use Google Analytics, which is a web analytics tool that helps us understand how users engage with the TCL Account or other TCL website / application. Google Analytics tracks your movement through our site (i.e. the pages you have seen and the links you have clicked on) and helps us measure how you interact with the content we provide. This information is used to compile reports and to help us improve the TCL Account or other TCL website / application. The reports disclose website trends without identifying individual visitors. You can opt out of Google Analytics without affecting your use of our site. More information on opting out of Google Analytics across all websites you use can be found on the Google website at: https://tools.google.com/dlpage/gaoptout.

For further details about the cookies we use, please see our Cookies Policy which can be found here: https://www.tcl.com/content/legal-notice/cookies-policy.html.

For Residents of the United States Only

· The Network Advertising Initiative also offers a means to opt-out of a number of advertising cookies. Please visit https://www.networkadvertising.org to learn more. Note that opting-out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted-out will no longer deliver ads tailored to your preferences and usage patterns.

At this time, our website does not recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.

Contacting us

If you would like further information on the collection, use, disclosure, transfer or processing of your personal data or the exercise of any of the rights listed above, please contact us as specified below.

For users in the United States, TCL subsidiaries are TTE Technology, Inc. and TCT Mobile Inc. whose related addresses and contacts are indicated below:

TTE Technology, Inc. (for TCL TV and service) 1860 Compton Ave. Corona CA 92881 Contact us by sending an email at consumerdata@tcl.com, or by calling our toll-free number at 1-877-300-8837

TCT Mobile, Inc. (for TCL mobile phone/tablets/wearable device and service) 25 Edelman, suite 250 Irvine, CA 92618 Contact us by sending an email at privacy.na@tcl.com, or by calling our toll-free number at 1-855-368-0829

For users in China and other regions of the world, the data controller is Shenzhen TCL New Technology Co., Ltd, with its address at 9F Building D4, International E-City, No. 1001 Zhongshanyuan Road, Xili Street, Nanshan District, Shenzhen City, Guangdong Province, China.

Especially, for TCL CHANNEL service, contact us by sending an email at tcl.channel.roku@tcl.com.

For more information about contacting TCL, please see the service page at www.tcl.com .

Terms and Conditions of Use

Effective: Nov. 12, 2019

IMPORTANT: PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF USE. LIMITATION AND LIABILITY EXEMPTION CLAUSES MAY BE HIGHLIGHTED IN BOLD FOR YOUR SPECIAL ATTENTION, WITHOUT PREJUDICING YOUR SOLE RESPONSIBILITY OF HAVING READ AND UNDERSTOOD THESE ENTIRE TERMS.

1. Overview

1.1 These Terms and Conditions of Use (“Terms”) govern your sign-up and use of the TCL Channel (“TCL Channel”) provided by Shenzhen TCL New Technology Co., Ltd. TCL (“TCL”, “our”, “we” or “us”). These Terms are a contract between you and TCL. You should read these Terms carefully and should not sign up or use TCL Channel if you do not agree to these Terms.

By completing your sign-up and using the TCL Channel, you confirm that you have carefully read, fully understood and consented to each provision of these Terms, particularly those provisions that restrict or exempt liabilities, and other related agreements incorporated into these Terms by reference.

1.2 TCL reserves the right to modify these Terms at any time. When we do so, we will update the “Effective” date above. In the event of material changes to these Terms, we will notify you via email at the email address we have on file for you and via a prominent posting on our websites. If you do not agree to such modified Terms, you must cease using TCL Channel.

1.3 Personal information which we collect or that we otherwise obtain in connection with your use of TCL Channel is handled in accordance with our Privacy Policy.

1.4 There may be other products and services offered by TCL which are associated with the TCL Channel features and functionalities. The use of such other products and services shall be governed by separate terms and conditions, available here.

2. Our Services

2.1 You must satisfy the age requirement and soundness of mind requirement for full legal capacity as required by the laws in your jurisdiction. If you do not meet the above requirements, your legal guardian must provide consent to your use of TCL Channel. If you are located in the United States, you must be age 13 or above to use TCL Channel services. Children of all ages may use TCL Channel Kids (where available) if enabled by a parent or legal guardian.

2.2 Integrated on the Roku TV operating system, TCL Channel is an entertainment resources aggregation platform which allows you to search, discover and watch videos, films and other audio-visual contents, create your own movie collection and connect with other TCL Channel users who share the same interest.

2.3 TCL Channel’s key features include:

(A) browsing and searching for video content and watching them either directly within TCL Channel or by re-directing to a third party service provider;

(B) creating and managing your own favorite movie collections as well as being able to “like”, comment on and subscribe for collections of other users; and

(C) creating your avatar and unlocking new roles and outfits by earning experience points.

2.4 You can use parts of the service available in TCL Channel, such as browsing and searching for Content, without having a user account. However, you are strongly recommended to sign up for a TCL account and log in to your TCL account in order to enjoy the full range of features and functionalities within TCL Channel. The registration and use of TCL accounts shall be governed by the terms and conditions of the TCL accounts. You are responsible for maintaining the confidentiality and security of your TCL account. In the event that your TCL account credentials are lost, stolen or you find someone else using your TCL account without your consent, you must notify us as soon as possible using the details set out below, to mitigate any loss, avoid any potential violation of applicable laws and regulations and to retrieve your TCL account and password.

2.5 The products and services accessible on TCL Channel may vary at different locations. We may update, remove or change features and functionalities of the TCL Channel from time to time. Your enjoyment of TCL Channel may depend on your installation of the latest version of TCL Channel, your device and the operating system you use meeting the system and compatibility requirements that we establish from time to time, the region you are located in or the requirements of applicable law from time to time. To use TCL Channel and associated services, you may need compatible hardware and software, such as the Roku TV device and its operating system (and from time to time, this may require you to download and install the latest versions of such software). Internet connectivity is also required.

2.6 Some of our products and services may require payment from you. You acknowledge and agree that we reserve the right to charge for such products and services and to adjust the prices (and applicable taxes, as required by applicable law) from time to time. We will give you an opportunity to review these changes before they go into effect. You may elect not to continue to receive certain products and services if you disagree with such price changes. These charges are in addition to any other charges and fees that third parties may impose.

2.7 We may subcontract any part of our services to our chosen service providers or another one of our subsidiaries or affiliated legal entities at our sole discretion.

3. Your Representations, Warranties and Undertakings

3.1 You represent, warrant and undertake that:

(A) your sign-up and use of the TCL Channel are and will be for personal, private and non-commercial purposes only;

(B) you will not, and will not aid or assist any person to, use TCL Channel for any commercial, unlawful or illegal purpose, or encourage any person to violate these Terms and any ancillary terms and conditions;

(C) you will at all times, in connection with sign-up and use of TCL Channel, comply with all applicable laws, regulations, policies and other requirements prescribed by any applicable regulatory authority or law enforcement body;

(D) all information (including personal information) that you provide to us is true, accurate and complete at the time provided, and you will promptly notify us in the event of any change to such information. We will not be responsible for any loss suffered from you being unable to use your TCL Channel or any product or service dependent on you having certain verified details on your TCL account, if it is caused by you providing incorrect, incomplete, or false information to us. Without limiting anything in this clause, you must not impersonate or misrepresent yourself as another person and we reserve the right to reject, block or deactivate a TCL account which is suspected to be an impersonation, misrepresentation or misappropriation of another person’s name or identity;

(E) you will not use TCL Channel in any manner that is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable as determined by TCL in its sole discretion.

4. Third Party Content

4.1 When using TCL Channel, you may view or access products, services, apps, websites, links or content provided or published by third parties that are not under the control of or maintained by TCL (“Third Party Content”).

4.2 Your access to some Third Party Content may require payment to a third party service and/or you having valid and current user account with a third party service. The use by you of the Third Party Content (whether free or paid) creates a direct relationship between you and the relevant third parties, and such use may be subject to additional terms of use imposed by such third parties (including website terms of use or other contractual terms). We are not a party to (and will not be liable whatsoever to either you or such third party in respect of) any disputes between you and such third party arising out of any such agreement or other arrangement between you and such third party. Any information you provide directly to a third party for accessing Third Party Content will be subject to the privacy notice or any similar terms that such third party provides to you, and to the extent such information will not be accessed and used by TCL, you will not be subject to and may not rely upon our Privacy Policy with respect to such information. Be aware when you leave TCL Channel and visit a third party website or application; we suggest you read the terms and privacy policy of the third party website and service that you visit.

4.3 We are responsible only for providing the TCL Channel platform. You acknowledge that all Third Party Content is provided by third parties and TCL:

(A) does not make any representation or warranty, express or implied, with respect to the use of Third Party Content via TCL Channel;

(B) does not guarantee the accuracy, veracity, reliability, completeness, usefulness or adequacy of any Third Party Content accessible via TCL Channel;

(C) does not make any endorsement, express or implied, of any Third Party Content accessible via TCL Channel; and

(D) is not otherwise responsible for any Third Party Content.

4.4 TCL may pre-screen, review, filter, modify, refuse, label, monitor or otherwise moderate any Third Party Content, or to remove or disable your access to it in our sole discretion for any reason. You acknowledge that there is a risk that you might be exposed to unlawful, intrusive, immoral or offensive content or content that is otherwise contrary to the standards and expectations of TCL. TCL is a provider of hosting services for Third Party Content. To the maximum extent permitted by law, TCL excludes all responsibility for any consequences resulting from your use of Third Party Content. However, (and without limiting anything else in these Terms), if you believe that any content that appears on TCL Channel is unlawful or violates any third party intellectual property rights, please raise your concerns immediately with our legal department at the email address: tcl.channel.roku@tcl.com.

4.5 You acknowledge that Third Party Content is subject to the proprietary rights or intellectual property rights of third parties. You must not use, modify, lease, lend, sell, distribute or otherwise deal with all or any part of the Third Party Content without authorization from the relevant rights owner and you agree that you will not create derivative works based on all or any part of Third Party Content.

5. Intellectual Property

5.1 For the purposes of these Terms, “intellectual property rights” means copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether registered or unregistered (anywhere in the world).

5.2 TCL reserves all intellectual property rights in or relating to the design, logo, picture, layout, software, texts, graphics, links and sounds and any other form of contents (excluding the Third Party Content) in relation to the TCL Channel.

5.3 TCL grants to you a limited, revocable, non-transferable, non-exclusive license to install and use the TCL Channel application on any compatible Roku TV device (whether downloaded or pre-installed) that you own or control.

5.4 You must not, and will not aid or assist any person to:

(A) copy, modify, reverse engineer, disassemble, decompile, dismantle, attempt to export the source code, decode, and do other acts that analyze or replicate the source code, structure and concept of any of the TCL Channel software or its component parts or circumvent or attempt to bypass any technological protection measures in or relating to TCL Channel; or

(B) rent, lease, lend, sell, redistribute or sublicense reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of TCL Channel software or its component parts.

5.5 With respect to all information or comments you publish using your TCL account, you warrant that you are the owner (right holder) or have obtained legal authorization and that your publication will not infringe the legitimate rights or interests of any third party. You grant to us a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license to use and reproduce any content or information belonging to you that you provide to us or that we collect from you, to the extent necessary to provide TCL Channel to you and others, and from time to time to improve our products and services. In the event that any third party raises any objection to the abovementioned information or content, we reserve the right to delete the relevant information or content and the right to take corresponding legal action against you. To the extent permitted by applicable law, you shall pay full compensation for any losses thus caused to us or any third party.

6. Data Protection and Privacy

6.1 Your personal information will be collected, stored and processed in accordance with our Privacy Policy and applicable laws. Please ensure that you read our Privacy Policy to learn about what personal information we collect, how we handle it and for what purposes we use it.

6.2 Without limiting clause 6.1, we may collect information about your device and your use of TCL Channel to help us analyze and improve our products and services or to recommend content which you may be interested in. We may also place advertisements on the platform or send marketing messages to you. We will do so in accordance with our Privacy Policy and applicable laws.

7. Disclaimer

7.1 You acknowledge and agree that TCL Channel is provided to you on an “as is, as available” basis.

7.2 To the full extent permissible by applicable law, TCL and its partners, suppliers, and affiliates:

(A) disclaim, and do not make any representations or warranties of any kind, express or implied, as to the operation of TCL Channel or any information made available by or through TCL Channel, including but not limited to the implied warranties of merchantability, satisfactory quality, accuracy, title, fitness for a particular purpose and non-infringement;

(B) do not warrant that use of TCL Channel will be uninterrupted, available at any time or from any particular location, secure or error-free, that defects will be corrected, or that TCL Channel is free of viruses or other potentially harmful components; and

(C) do not endorse the satisfactory quality, completeness, accuracy, non-infringement, compatibility, security, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed via TCL Channel, including content uploaded by other people, advertisements, publicity or any other information of other people that you obtain via your TCL Channel (Third Party Information). You acknowledge that all Third Party Information is uploaded and provided by third parties and we make no undertakings, warranties or representations regarding any rights thereof and assume no responsibility for any consequences resulting from your use of such Third Party Information. You use such Third Party Information at your own risk and must judge the authenticity thereof by yourself and take precautions against any possible risk that might arise in connection with such Third Party Information. You might be exposed to some offensive, improper or objectionable information when receiving services via your TCL Channel. To the maximum extent permitted by law, we will not be liable for such information. We are not liable for any direct, indirect, collateral, derivative or other losses and liabilities for any transaction or action in which we are not a direct party. If you wish to complain about content uploaded by other users, please contact us using the details set out below.

7.3 You acknowledge that there are inherent risks in using Internet-based services, including data privacy and security risks. In view of the particular nature of Internet-based services, you understand and agree that we do not assume any liability or responsibility for any direct, indirect, collateral, derivative or other losses or liabilities (including but not limited to losses in property, revenue, data files and other aspects or other intangible losses) that you may suffer in the course of using TCL Channel in connection with events out of our control, including without limitation:

(A) malfunction of or inability to operate or use TCL Channel normally due to force majeure events such as typhoons, earthquakes, tsunamis, floods, power outages, wars, cyber and terrorist attacks;

(B) interruption, delay or malfunction of or inability to operate or use TCL Channel caused by viruses, trojans, other malicious programs, hacker attacks, technical adjustments or malfunctions by telecommunication operators and Internet providers, system maintenance or any other reason beyond our control;

(C) interruption, termination, delay or malfunction of or inability to operate or use TCL Channel caused by changes in applicable laws and regulations, orders and rulings of judicial, administrative, and other authorities;

(D) interruption, delay or malfunction of or inability to operate or use TCL Channel due to internet connectivity issues; or

(E) losses or liabilities you may suffer due to your unlawful or improper use of TCL Channel or any breach of these Terms by you.

8. Limitation of Liability

8.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. TCL will have no obligation or liability (whether arising in contract, warranty, tort, including negligence, product liability or otherwise) for any damages or liabilities, including direct, incidental, indirect, special, punitive or consequential (including any loss of data, revenue or profit, or damages arising from personal injury or wrongful death) arising with respect to your use of TCL Channel, even if TCL has been advised of the possibility of such damages.

8.2 To the extent permitted by applicable law and subject to clause 8.1, in the event that we incur any liability in connection with these Terms, the operation of TCL Channel or the provision of Services and such liability is not otherwise limited or excluded by these Terms, our liability will be limited to reasonably foreseeable damages.

8.3 Subject to clause 8.1, our overall and aggregate liability to you in connection with your use of TCL Channel will be limited to (where relevant) the total fees paid to TCL in the last twelve (12) months.

8.4 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we will not be liable for any losses that are not reasonably foreseeable. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

8.5 Subject to clause 8.1, you will indemnify and keep indemnified TCL, its officers, employees, agents, licensors or other third party providers from and against all losses and liabilities for which any of them may become liable and against all actions, suits, proceedings, claims or demands of any nature whatsoever which may be asserted, taken or made against any of them, or which any of them may incur or which may arise directly or indirectly in connection with your breach of law, your breach of these Terms or any acts or omissions you commit in using TCL Channel or the Services that are not permitted by these Terms. This means that you will be liable to reimburse us on a dollar-for-dollar basis for losses and liabilities that we suffer because of your use or misuse of TCL Channel or the Services (even if you did not authorize that use or misuse).

8.6 You acknowledge that TCL Channel is intended for domestic and private use and we will not be responsible for indirect loss, consequential loss, loss of income, revenue, profits, business or business opportunity, business interruption, or any loss of data or corruption of data in connection with your use of TCL Channel or the Services.

8.7 Without limiting clause 8.5, if you breach these Terms and to the extent permitted by law, you will be liable to TCL, its directors, officers, employees, affiliates, agents, contractors, and licensors for any claim arising out of your breach. You will also be liable for any action taken by TCL as part of its investigation of a suspected violation of these Terms, or as a result of its findings or decision that a violation of these Terms has occurred.

8.8 We are not liable to you for:

(A) any acts or omissions we make in accordance with any requests made by you; or

(B) any acts or omission we make (including disclosure of any information relating to you or your TCL Channel) where such act or omission is required or permitted by applicable law or regulations, orders, rulings or requests of judicial, administrative, and other authorities.

9. Termination of Services

9.1 You understand and agree that we have the right to terminate all or any part of the TCL Channel services temporarily or permanently based on our operational policies and subject to the applicable laws at any time, or for any of the reasons set out in these Terms. We will endeavor to promptly notify you about the suspension or termination of TCL Channel according to applicable law, including by general notice on our websites and platforms. We recommend that you pay close attention to our websites and platforms for any notices, promptly backup your information and messages held or accessed via your TCL account and retrieve anything belonging to you held or accessed via your TCL account as necessary. We will not be liable to you to the extent you fail to take necessary measures to protect your information and properties held or accessed via your TCL account.

9.2 We may also terminate or suspend your TCL account (at our sole discretion) in the following circumstances (without liability whatsoever to you):

(A) any breach by you of these Terms or any other terms and conditions relating to our services which are mentioned in these Terms;

(B) if required by applicable law, regulation or government action or if requested by law enforcement, a judicial body or other government agency;

(C) due to technical or security issues or problems beyond our control;

(D) any unlawful or fraudulent activity on your behalf;

(E) if we decide to discontinue TCL Channel or replace it with an alternative service; and/or

(F) for any other reason with 30 days’ prior notice subject to applicable law. Unless otherwise specified in these Terms, termination will not affect rights, obligations and liabilities accrued before the date of termination.

10. Governing Law and Jurisdiction

10.1 These Terms are governed by the laws of the state of New York, United States.

10.2 To the extent permitted by applicable law, in the event of a dispute arising out of or in connection with your use of TCL Channel, TCL and you shall attempt, promptly and in good faith, to resolve any such dispute. In the event that no resolution can be concluded within 30 days from the date when such dispute has first been raised by either party, either party shall have the right to submit the dispute (which may be contractual or non-contractual) to the competent state or federal court located in New York, New York. This does not affect your right to start proceedings to protect your legal position.

11. Miscellaneous

11.1 If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these shall remain in full force and effect.

11.2 These Terms constitute the entire agreement between you and TCL with regard to your use of TCL Channel, and any and all other written or oral agreements or understandings previously existing between you and TCL with respect to such use are hereby superseded and cancelled.

11.3 If you have any questions, comments or concerns about these Terms, please contact us at: tcl.channel.roku@tcl.com.

Do Not Sell My Personal Information

Notice of the Right to Opt-out of the Sale of Personal Information

TCL CHANNEL offers our customers certain choices about how we use their information. The California Consumer Privacy Act (“CCPA”) gives California residents the right to opt- out of the “sale” of their personal information.

Interest-based Advertising Opt-Outs

Certain TCL CHANNEL brands feature interest-based advertising. Advertising, including interested-based advertising, enables these TCL CHANNEL brands to provide you certain content for free and offers that are more relevant to you.

The CCPA broadly defines “sale” of personal information in a way that may include allowing third parties to receive certain information to add to a profile about your device, browser, or you. This profile enables interest-based advertising on applicable TCL CHANNEL services and other online services.

Advertising Opt-Out Tools

The Digital Advertising Alliance (“DAA”) provides you with a choice as to whether participating third parties can use your information to provide interest-based advertising. To opt out of sharing your information with such participating third parties for interest-based advertising, please use the following tools:

• For websites: the DAA WebChoices Tool, available at http://optout.aboutads.info/?c=2&lang=EN.
• For mobile applications and connected devices, such as smart TVs or streaming devices, you should review the device’s settings and select the option that allows you to disable automatic content recognition or ad tracking. Typically, to opt out, such devices require you to select options like “limit ad tracking” or to disable options such as “interest-based advertising,” “interactive TV,” or “smart interactivity”. These settings vary by device type.

When enabling advertising opt-out tools please understand the following:

• The opt-outs described above are device and browser based. Because the information being shared relates to your device ID and/or browser ID, you will need to opt out on each device and each browser.
• Opt-outs may be stored via cookies. If you clear cookies or if you browser blocks cookies, your opt-out cookie may no longer be available. In this case your opt-out choices can not to be honored.

We do not maintain or control these opt-out mechanisms and are not responsible for their operation. TCL CHANNEL may still use your data to deliver contextual advertising, conduct cross-device tracking to serve you first-party ads directly, or for non-interest based advertising purposes, such as attribution and analytics.