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Netflix CRTC Undertaking Sept 22

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Netflix did file some undertakings with the CRTC. Just not the numbers JPB wanted. Not sure why they're not on the commission web site yet, but here is the document.

Text of Netflix CRTC Undertaking Sept 22

  • September 22, 2014

    Mr. John TraversySecretary GeneralCanadian Radio-television and Telecommunications CommissionOttawa, OntarioK1A 0N2

    Filed Electronically

    Dear Mr. Traversy:

    Re: Broadcasting Notice of Consultation CRTC 2014-190 (BNC 2014-190), LetsTalk TV Response to Requests for Information

    This correspondence is further to Netflixs appearance before the Commission onSeptember 19, 2014 at the public hearing to consider Broadcasting Notice ofConsultation CRTC 2014-190 Lets Talk TV (BNC 2014-190).

    During our appearance, Netflix gave undertakings to provide responses to certainquestions (the Responses) asked by the Commission. The Responses are attached asSchedule A to this letter.

    The Responses are filed voluntarily by Netflix to assist the Commission in thisproceeding. The Responses are based solely on a review of the video archive of Netflixsappearance on the CPAC web site, in view of the fact that the transcript from the hearingwas not available.

    The filing of the Responses is not an acknowledgment of or attornment to either thejurisdiction of the Commission by Netflix, or the substantive application of Canadian law(including the provisions of the Broadcasting Act) to Netflix. The Responses are filedstrictly without prejudice to any future positions that Netflix may take.

    We trust that the foregoing is responsive to the Commission. If you have any questions inconnection with the foregoing, please do not hesitate to contact the undersigned.

  • Respectfully,

    Original signed by

    Corie WrightDirector, Global Public Policy

  • SCHEDULE ARESPONSES

    No. Undertaking Response1 Provide screenshots that show how Canadian audiovisual programming is

    discovered on Netflixs service.Screenshots showing the Canadian genre selectionon the Netflix service are set out below inSchedule A-1.

    2 Provide the percentage of programming on Netflixs service that is closed-captioned.

    90% of the Canadian service catalogue includescaptions or subtitles.

    3 To the extent that Netflixs Canadian service includes a sub-genre relatedto Canadian childrens programming, provide screenshots showing theavailability of programming within that sub-genre.

    Screenshots are set out below in Schedule A-1.

    4 Consistent with Netflixs concerns about confidentiality and to the best ofits ability, provide Netflixs expenditures on programming within its sub-genre of Canadian childrens programming (to the extent that such a sub-genre exists on Netflixs service).

    Consistent with Netflixs concerns aboutconfidentiality, Netflix is not in a position toprovide this information.

    5 Confirm whether Netflix agreed to pay the VOD tax of the FrenchMinistry of Culture.

    Netflix did not enter into such an agreement.

    6 Confirm whether Netflix agreed with the Government of France not toshow films that are less than three years of age since their initialdistribution.

    Netflix did not enter into such an agreement withthe Government of France. Netflixs service inFrance respects the release windows fortheatrically exhibited films.

    7 Confirm whether the Frances Council of State recommended governmentoversight over the algorithm used by Netflix to present services andmovies to assure the cultural Ministry that French content will beappropriately positioned on the opening page.

    Netflix has not communicated with the FrenchGovernment about such a recommendation.

    8 Confirm whether Netflix agreed with the Government of Netherlands topay a VOD tax.

    Netflix has not communicated with theGovernment of Netherlands about such a tax.

  • 9 Confirm whether Netflix agreed with the Government of Netherlandsrequirements for discoverability.

    Netflix has not communicated with theGovernment of Netherlands on any suchrequirements. When Netflix establishes itsEuropean head office in the Netherlands, it willcomply with all applicable Dutch law.

    10 Confirm whether Netflix agreed with the Government of Netherlandsrequirements for appropriate access to Dutch and European content.

    Netflix has not communicated with theGovernment of Netherlands on any suchrequirements. When Netflix establishes itsEuropean head office in the Netherlands, it willcomply with all applicable Dutch law.

    11 Confirm which Canadian (federal and provincial) privacy laws Netflix issubject to.

    Netflix complies with the requirements of thePersonal Information Protection and ElectronicDocuments Act, S.C. 2000, c. 5, in addition toother Canadian (federal and provincial) privacylaws that may be applicable.

    12 Provide Netflixs Privacy Policy. Netflixs Privacy Policy is set out below inSchedule A-2.

  • SCHEDULE A-1

  • SCHEDULE A-2

    Privacy PolicyThis Privacy Policy explains our policy regarding the collection, use, disclosure andtransfer of certain information, including your personal information, by the Netflix familyof companies ("Netflix") (help.netflix.com/article/en/node/6592).

    For instructions on how to contact us, or to see which Netflix company is the controllerof your personal information (where applicable), please see the "Contacting Us" sectionbelow. By using, visiting or browsing the Netflix service, you accept and agree to ourinformation practices described below.

    For the purposes of this Privacy Policy, the term "personal information" refers toinformation that can be used to uniquely identify or contact you. Non-personalinformation is information that does not permit direct association with you. We maycollect, use, transfer and disclose non-personal information for any purpose.

    Please note that this Privacy Policy includes embedded hyperlinks that may only beaccessed through our website, so if you are reviewing this Privacy Policy through certainNetflix ready devices, you will need to visit www.netflix.com/privacypolicy to reviewthese hyperlinked terms.

    x Collection of Informationx Use of Informationx Disclosure of Informationx Social Sharingx Profilesx Cookies and Internet Advertisingx Your Choices

    x Right to Access Your Informationx Securityx Other Websites, Platforms and Applicationsx Childrenx Changes to This Policyx Transfer of Informationx Contacting Us

    Collection of InformationWe receive and store information about you such as:

  • x Information you provide us: We collect information you provide to us.Examples may include:

    o your name, email address, address or postal code, payment method andtelephone number. We collect this information in a number of ways,including when you enter it while using our service, interact with ourcustomer service, or participate in surveys or marketing promotions; and

    o information collected when you choose to provide reviews or ratings, setpreferences in Your Account or otherwise provide information to usthrough our service or elsewhere.

    x Information we collect automatically: We collect information regarding youand your interactions with us and our advertising, your use of our service,applications, sites, tools, and customer service, as well as information regardingyour computer or other device used to access our service (such as gamingsystems, smart TVs, mobile devices, and set top boxes). This information mayinclude:

    o your activity on the Netflix service, such as title selections, watch historyand search queries;

    o details regarding your interactions with customer service, such as the date,time and reason for contacting us, transcripts of any chat conversations,and if you call us, your phone number;

    o device IDs or unique identifiers, device and software characteristics (suchas type and configuration), connection information, statistics on pageviews, referral URLs, ad data, IP address and standard web loginformation;

    o information collected via the use of cookies, web beacons and othertechnologies. See our Cookies and Internet Advertising section for moredetails.

    x Information from your social networking account: If you choose to connectone or more social networking accounts (such as Facebook) with your Netflixaccount, we will obtain information from your social networking account, asdescribed in our Social Sharing section below.

    x Information from other sources:We may supplement the information describedabove with information we obtain from other sources, including from both onlineand offline data providers. Such supplemental information may includedemographic data and Internet browsing behavior. We may use this supplementedinformation for purposes that are consistent with this Privacy Policy, such as:analyzing and understanding our current, former and potential members;improving our service (including our UI experiences), delivery optimization,content selection, recommendation algorithms, advertising and marketing; as wellas protecting us and our members from fraud and unauthorized access.

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    Use of Information

  • We use the information we collect to provide, analyze, administer, enhance andpersonalize our services and marketing efforts for you and others, including to processyour registration, your orders and your payments, and to communicate with you on theseand other topics. For example, we may use the information we collect for purposes suchas:

    x determining your general geographic location, providing localized content,providing recommendations on movies and TV shows we think will be enjoyable,determining your Internet service provider and helping us quickly and efficientlyrespond to inquiries and requests;

    x preventing, detecting and investigating potentially prohibited or illegal activities,including fraud, and enforcing our terms (such as determining free trialeligibility);

    x sending you e-mails, push notifications or other correspondence and advertisingconcerning our service, including newsletters, messages about new Netflixfeatures, Netflix special offers, promotional announcements and consumersurveys. From time to time, we may partner with companies whose products webelieve will interest our members. In conjunction with these partners, we maysend promotional announcements and/or serve web-based advertisements on theirbehalf, as permitted by law. Please see the "Your Choices" section of this policyfor information regarding opting out of marketing emails and push notifications,as well your choices regarding other types of advertising;

    We may use information on an aggregated or anonymous basis. For example, we usemovie and TV show ratings and consumption behavior, as well as commentary andreviews, on an aggregate or anonymous basis, to improve our recommendations to you aswell as other users. Aggregated or anonymous information may be used for a varietypurposes not explicitly set forth in this policy.

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    Disclosure of Informationx The Netflix family of companies: We may share your information among the

    Netflix family of companies (https://help.netflix.com/support/6592?locale=en-CA&country=CA). These companies, when handling this information, will followpractices that are consistent with the practices described in this Privacy Policy.

    x Service Providers: We use other companies, agents or contractors ("ServiceProviders") to perform services on our behalf or to assist us with the provision ofservices to you. For example, we engage Service Providers to provide marketing,advertising, communications, infrastructure and IT services, to personalize andoptimize our service, to process and limit fraud in connection with credit cardtransactions or other payment methods, to provide customer service, to collectdebts, to analyze and enhance data (including data about users' interactions withour service), and to process and administer consumer surveys. In the course ofproviding such services, these Service Providers may have access to your personal

  • or other information. We do not authorize them to use or disclose your personalinformation except in connection with providing their services.

    x Promotional offers:We may offer joint promotions or programs that, in order foryour participation, will require us to share your information with third parties. Forexample, we may partner with companies that offer incentives, such as frequentflyer mileage awards, if you sign up or otherwise utilize our service. In fulfillingthese types of promotions, we may share your name and other information inconnection with fulfilling the incentive. By participating in such joint promotionsor programs, you agree to our sharing of your information. Please note that we donot control the privacy practices of these third party businesses.

    x Protection of Netflix and others: Netflix and its Service Providers may discloseand otherwise use your personal and other information where we or theyreasonably believe such disclosure is needed to (a) satisfy any applicable law,regulation, legal process, or governmental request, (b) enforce applicable terms ofuse, including investigation of potential violations thereof, (c) detect, prevent, orotherwise address illegal or suspected illegal activities (including payment fraud),security or technical issues, or (d) protect against harm to the rights, property orsafety of Netflix, its users or the public, as required or permitted by law.

    x Business transfers: In connection with any reorganization, restructuring, mergeror sale, or other transfer of assets, we reserve the right to transfer information,including personal information, provided that the receiving party agrees to respectyour personal information in a manner that is consistent with our Privacy Policy.

    x Social networking services: If you choose to take advantage of our socialfeatures or use social plugins available through our site, you will be choosing todisclose information as set forth in our Social Sharing section below.

    x Information you make public: While using the Netflix service you will haveopportunities to post reviews or other information publicly. Please understand thatwhen you post such information it is made public and we are not responsible forany third party's use of information you publicly disclose through our service.

    x Others with access to your account: If you share or otherwise allow others tohave access to your account, they will be able to see your information, includingin some cases personal information, such as your watch history, ratings, reviewsand account information (including your email address or other information inYour Account). This remains true even if you use our profiles feature; see theProfiles section of this policy for more information.

    x Aggregate or anonymous information: We may provide analysis of andinformation from or about our users in the aggregate or otherwise in anonymousform to partners, Service Providers and other third parties.

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    Social Sharingx Social Features: Our social features offer the opportunity to share information,

    such as what you watch on Netflix and what you recommend. This informationmay be shared within Netflix as well as on other social networks and in other

  • communications. You may elect to use our social features by connecting one ormore social networks to your Netflix account. Your connection of your Netflixaccount to a social Networking service and your use of our social features issubject to our Social Terms (https://www.netflix.com/socialterms) as well as thisPrivacy Policy. Please review the Social Terms for details regarding our socialfeatures, such as the information we collect, use and disclose and how todisconnect or otherwise exercise your choices regarding your use of thesefeatures.

    x Social Plugins: In addition to our social features, on certain portions of our site,Netflix may contain social plugins including those offered by Facebook, Twitter,Pinterest and Google+ to allow you to share information on those platforms.These plugins are operated by the social network themselves, and are subject totheir terms of use and privacy policies. Netflix does not control how these socialnetworks operate these plugins. You should read their terms of use and privacypolicies before you use them.

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    ProfilesProfiles allow different members of your household to have a distinct, personalizedNetflix experience, built around the movies and TV shows they enjoy, such aspersonalized recommendations and separate watch histories. For more informationregarding profiles, see(https://help.netflix.com/article/en/node/10421?ba=GSButtonClick&q=profiles). Pleasenote that profiles are freely available to everyone who uses your Netflix account, so thatanyone with access to your Netflix account can navigate to and use, edit or delete anyprofile. You should explain this to others with access to your account, and if you do notwish them to use or update your profile, be sure to let them know.

    Profiles can be used in connection with our social features to enable you to connectdifferent Facebook accounts to separate profiles. See our Social Terms(https://www.netflix.com/socialterms) for more information.

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    Cookies and Internet AdvertisingVisit About Cookies and Internet Advertising (https://www.netflix.com/cookies) forinformation about our use of cookies, other tracking technologies, and Internetadvertising.

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    Your Choices

  • If you no longer want to receive certain communications from us via email, simply accessthe "Email preferences" (https://www.netflix.com/EmailPreferences) link on the "YourAccount" page of our website (https://www.netflix.com/YourAccount) and uncheck thoseitems to unsubscribe, or click the "unsubscribe" link in the email. Please note that youcannot unsubscribe from certain correspondence from us, such as messages relating toyour account transactions.

    You can opt in to receive push notifications from Netflix. If you subsequently decide youno longer wish to receive these notifications, you can use your mobile devices settingsfunctionality to turn them off.

    To exercise choices regarding cookies set through our website, as well as other types ofonline tracking and Internet advertising, see our Cookies and Internet Advertising notice(https://www.netflix.com/cookies).

    For information regarding your choices with respect to connecting to a social mediaaccount as well as our social features, please see our Social Terms(https://www.netflix.com/socialterms).

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    Right to Access Your InformationWe give you access and the ability to update a broad range of information about youraccount, including your contact information and your communication preferences in the"Your Account" portion of our website. You must be signed in to access "Your Account."If you have a question regarding our privacy practices, or want to exercise your rightsregarding your personal information, please contact us at [email protected]

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    SecurityNetflix uses reasonable administrative, technical, physical and managerial measures tosafeguard your personal information against loss, theft and unauthorized access, use andmodification. For example, we may utilize Secure Sockets Layering, an industry-standardprotocol for certain of your transmissions to us, in order to encrypt certain personalinformation that you send to us through the registration and sign up process.

    Unfortunately, no security system can be guaranteed to be 100% secure. Accordingly, wecannot guarantee the security of your information and cannot assume liability forimproper access to it. By using our service, including our website and user interfaces, orproviding information to us through any means, you agree that we can communicate withyou electronically regarding security, privacy, and administrative issues relating to youruse of the Netflix service.

  • In order to provide you with ease of access to your account and to help administer theNetflix service, we implement technology that enables us to recognize you as the accountholder and provide you with direct access to your account without requiring you to retypeany password or other user identification when you revisit the Netflix service. You canchoose not to take advantage of this feature on your computer by unchecking the box"Remember me on this computer" when you login on the website. To remove access toyour Netflix account from your devices: (a) visit "Your Account"(https://www.netflix.com/YourAccount) (note, deactivation may not occur immediately)or (b) delete your Netflix settings from your device (steps vary by device and the optionis not available on all devices). You are responsible for maintaining the confidentiality ofyour account access information and for restricting access to your computer or devicethrough which you access your Netflix account. Where possible, users of public or shareddevices should log out at the completion of each visit. If you sell or return a computer orNetflix ready device, you should log-out and deactivate the device before doing so. If youdo not maintain the security of your password or device, or fail to log out or deactivateyour device, subsequent users may be able to access your account, including yourpersonal information.

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    Other Websites, Platforms and ApplicationsThe Netflix service may be provided through platforms or contain links to sites operatedby third parties whose policies regarding the handling of information may differ fromours. For example, you may be able to access the Netflix service through platforms suchas gaming systems, smart TVs, mobile devices, set top boxes and a number of otherInternet connected devices. These websites and platforms have separate and independentprivacy statements, notices and terms of use, which we recommend you read carefully. Inaddition, you may encounter third party applications that interact with the Netflix service.Netflix is not responsible for the information handling practices of these other websitesand platforms. To learn more, see our Terms of Use (www.netflix.com/termsofuse).

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    ChildrenYou must be 18 years of age or older to subscribe to the Netflix service. In certainjurisdictions, the age of majority may be older than 18, in which case, you must satisfythat age in order to become a member. While individuals under the age of 18 may utilizethe service, they may do so only with the involvement, supervision, and approval of aparent or legal guardian, and subject to our Terms of Use (www.netflix.com/termsofuse).

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    Changes to This Policy

  • Netflix may, from time to time, make changes to this Privacy Policy, the Social Terms orthe About Cookies and Internet Advertising notice. Such revisions shall take effectimmediately, although will only apply to existing members 30 days after posting (unlessotherwise stated). We will endeavor to post prior versions (including marked changes) ofthe Privacy Policy, if any, for the preceding 12-month period. You can see these priorversions of the Privacy Policy by visiting our website(www.netflix.com/privacypolicychanges).

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    Transfer of InformationGiven that the Internet is a global environment, using the Internet to collect and processinformation necessarily involves the transmission of data on an international basis.Therefore, by using Netflix, you acknowledge and agree to the transfer of yourinformation outside your country of residence to any country (including the UnitedStates) where we have facilities or engage Service Providers. You understand that thecountries to which we may transfer information may not have as comprehensive a levelof data protection as in your country, although your personal information will continue tobe protected in accordance with the standards described in this policy.

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    Contacting UsFor any questions concerning your account, please visit our online help center(https://help.netflix.com), where you will also find information on how to contact ourCustomer Service for assistance. For questions specifically concerning this PrivacyPolicy, or our use of your personal information, cookies or similar technologies, pleasecontact us via email at [email protected] Alternatively, you can write to us at thefollowing address:

    Netflix, Inc., 100 Winchester Circle, Los Gatos, CA 95032, U.S.A. Attention: GeneralCounsel.

    Individuals who reside in Brazil are being provided the service by Netflix EntretenimentoBrasil, Ltda. Av. Bernardino de Campos, 98 - 4 andar - sala 36, Paraiso, Cep 04004-040SP Brasil. Otherwise, Netflix, Inc. (address above) is providing the service to you and isthe data controller (where applicable).

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    Last updated: September 15, 2014