Overview
Samba TV is a movie and tv show recommendation service as well as a streaming platform. The terms do state that Samba TV reserves the right to remove or edit user submissions, but further states that Samba TV does not regularly review user content. The Privacy Policy clearly provides that Samba TV collects demographic information such as household income, age bracket, and homeownership, email addresses, IP addresses, device ids, cookies, and advertising IDs. Furthermore, the Privacy Policy discloses that the categories of information shared with third parties include device IDs, advertising IDs, IP addresses, hashed/encrypted versions of email addresses, and other identifiers. The Privacy Policy states Samba TV does subject its users to personalized advertisements both on Samba TV’s services and on other third-party services. The Privacy Policy does not clearly disclose whether Samba TV verifies a user’s identity with additional personal information before a user makes a privacy request. The Privacy Policy provides that Samba TV uses reasonable security measures to protect users’ confidentiality and personal information. The Terms of Service state that individuals under the age of 18 are prohibited from using Samba TV’s services and the Privacy Policy provides that Samba TV does not knowingly collect information from individuals under the age of 16.
Samba TV can be accessed through its website, and is available for download at the iOS App Store. The Privacy Policy and Terms of Use used for this evaluation can be found on Samba TV’s website, and iOS App Store. Additionally, other policies used for this evaluation include: Cookie Policy and Notice of Right to Opt out of “Sale”. This evaluation only considers policies that have been made publicly available prior to an individual using the application or service.
Safety
The Terms of Service state that Samba TV reserves the right to remove or edit user submissions, but further states that Samba TV does not regularly review user content. The terms do not clearly state whether users can report inappropriate content, harassment, or cyberbullying, nor whether users’ personal information may be publicly displayed. The terms do not disclose whether users may interact with trusted or untrusted users.
Privacy
The Privacy Policy discloses that Samba TV collects users’ personal information, geolocation data, behavioral data, and usage data. The Privacy Policy states that Samba TV records the length of time users view content, the use of other websites and apps, and information that apps and websites enable Samba TV to collect, including the content the user views on other applications. The Privacy Policy provides that Samba TV collects information about the Services the user or their household use and how they are used, such as when the user watches a video on a Samba mobile application, visits a third-party website or app that uses Samba TV’s integrated Services, or interacts with Samba TV’s ads and content. The Privacy Policy further states that Samba TV uses Web beacons in their Services or emails to help deliver cookies, count website visits, and determine the effectiveness of email marketing campaigns. The Privacy Policy indicates that Samba TV may share the information it collects from the user with third parties, and that third parties may collect personal information from the user as well. The Privacy Policy discloses that user information is shared with third parties for analytics, to perform services on behalf of Samba TV, for marketing, and for research or product improvement. Although, the terms ensure that “the personal information that we may share will not directly identify you, but may indirectly identify you through, for example, your device or other means.” The Privacy Policy states that Samba TV has, in the past 12 months “disclosed or sold IP addresses, device IDs, advertising IDs, and content and ad exposure data.” The Privacy Policy clearly provides that Samba TV provides “personalized ads both on and off the Services.”
Security
The Privacy Policy provides very little information on Samba TV’s security practices and merely states that “Samba TV takes reasonable and appropriate security measures to help protect information about you from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction.” The terms do not disclose whether any user information is encrypted, either in transit or in storage. The terms provide nothing on whether user accounts may require two-factor authentication before access, nor whether third parties with access to a user’s information are contractually required to provide the same level of security protections as Samba TV.
Compliance
The terms indicate that users may upload submissions and content through Samba TV services, including text messages, postings to chat rooms, boards, or contests, drawings and concepts. However, The Terms of Service state that Samba TV obtains exclusive ownership to all user submissions “of every kind and nature throughout the universe and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions.” The Privacy Policy provides that users have the right to access, correct, and delete their personal information, but does not disclose whether an authorized third party may enact the same rights.
The Privacy Policy provides a separate section for Children’s Privacy, and the Terms of Service state that individuals under the age of 18 are prohibited from using Samba TV’s services. The Privacy Policy further states that Samba TV does not collect information from individuals under the age of 16 without parental consent, but fails to address how parents can provide parental consent, whether parents may limit their consent or whether parents may withdraw their consent. The Privacy Policy likewise does not state whether Samba TV deletes personal information of children under the age of 13 if Samba TV learns it collected the information without parental consent.
Overall Score
Every privacy rating includes an overall score. A higher score (up to 100%) means the product provides more transparent privacy policies with better practices to protect user data. The score is best used is as an indicator of how much additional work a person will need to do to make an informed decision about a product.
| Basic Score | Full Score | |
|---|---|---|
| Comprehensive Assessment | 43 | 40 |
Concerns
The privacy evaluation process summarizes the policies of an application or service into concern categories based on a subset of evaluation questions that can be used to quickly identify particular practices of a vendor’s policies. These concerns are composed of evaluation questions that can be used to calculate scores relative to that concern.
| Concern | Basic Score | Full Score |
|---|---|---|
| Data Collection: Protecting personal information | 50 | 30 |
| Data Sharing: Protecting data from third parties | 50 | 80 |
| Data Security: Protecting against unauthorized access | 0 | 10 |
| Data Rights: Controlling rights to data | 63 | 50 |
| Data Sold: Preventing sale of data | 50 | 35 |
| Data Safety: Promoting responsible use | 0 | 10 |
| Ads & Tracking: Prohibiting the exploitation of users' decision making process | 29 | 45 |
| Parental Consent: Protecting children’s personal information | 100 | 40 |
| School Purpose: Following student data privacy laws | 100 | 13 |
| Individual Control: Controlling data use | NA | 35 |
Statutes
Each statute or regulation is associated with one or more evaluation questions. As such, we can calculate scores for each statute or regulation using only those questions associated with the statute or regulation. Each specific statute or regulation's score serves as an indirect proxy indicating the likelihood of the application or service satisfying all of its compliance obligations.
| Statute | Basic Score | Full Score |
|---|---|---|
| California Online Privacy Protection Act (CalOPPA) | 71 | 54 |
| Children's Online Privacy Protection Act (COPPA) | 40 | 41 |
| Family Educational Rights and Privacy Act (FERPA) | 50 | 35 |
| Student Online Personal Information Protection Act (SOPIPA) | 42 | 40 |
| General Data Protection Regulation (GDPR) | 50 | 49 |
Privacy Policy Details
1: Transparency
1.1: Policy Version
- Privacy policies do indicate a version or effective date.
- Privacy policies do not indicate a change log or past policy version is available.
1.2: Policy Notice
- Users are notified if there are any material changes to the policies.
- Privacy policies indicate the method used to notify a user when policies are updated.
1.3: Policy Changes
- Unclear whether users are notified prior to any material changes to the policies.
- Changes to the policies are effective immediately and continued use of the product indicates consent.
1.4: Policy Coverage
- Privacy policies indicate the products that are covered by the policies.
1.5: Privacy Contact
- Users can contact the company about any privacy policy questions, complaints, or material changes to the policies.
1.6: Policy Principles
- Privacy policies do indicate privacy principles, layered notices, or a table of contents.
1.7: Policy Language
- Privacy policies are available in multiple languages.
1.8: Intended Use
- Not intended for children under 13.
- Not intended for teens.
- Intended for adults over 18.
- Unclear whether intended for parents or guardians.
- Not intended for students.
- Unclear whether intended for teachers.
2: Focused Collection
2.1: Data Collection
- Personally identifiable information (PII) is collected.
- The categories of collected personally identifiable information are indicated.
- Geolocation data are collected.
- Unclear whether this product collects biometric or health data.
- Interactions, behaviors, or usage analytics data are collected.
- Unclear whether this product collects sensitive data.
- Data is automatically collected.
2.2: Data Source
- Unclear whether personal information or education records are collected from preK-12 students.
- Personal information from children under 13 years of age is not collected.
2.3: Data Excluded
- Unclear whether specific types of personal information excluded from collection.
- Unclear whether specific types of collected information are excluded from the privacy policy.
2.4: Data Limitation
- Unclear whether the collection or use of data is limited to product requirements.
3: Data Sharing
3.1: Data Shared With Third Parties
- Collected information is shared with third parties.
- The categories of information shared with third parties are indicated.
3.2: Data Use by Third Parties
- The purpose for sharing a user's personal information with third parties is indicated.
- Data are shared for analytics.
- Data are shared for research and/or product improvement.
- Personal information is shared for third-party marketing.
3.3: Data Not Shared With Third Parties
- Unclear whether there are specific categories of information that are not shared with third parties.
3.4: Data Sold to Third Parties
- Personal information is sold or rented to third parties.
3.5: Third-Party Data Acquisition
- Personal information about users is obtained from third parties.
3.6: Third-Party Links
- Unclear whether links to third-party external websites are age-appropriate.
3.7: Third-Party Data Access
- Unclear whether third parties are authorized to access a user's information.
3.8: Third-Party Data Collection
- Unclear whether personal information of users is collected by a third party.
3.9: Third-Party Data Misuse
- Unclear whether personal information can be deleted from a third party.
3.10: Third-Party Service Providers
- Third-party services are used to support the product.
- The roles of third-party service providers are indicated.
3.11: Third-Party Affiliates
- The categories of third parties that receive data are indicated.
3.12: Third-Party Policies
- Links to privacy policies of third-party companies are available.
3.13: Third-Party Data Combination
- Company may combine data with additional data from third-party sources.
- Unclear whether data shared with third parties can be combined with other data.
3.14: Third-Party Authentication
- Third-party login is supported.
- Personal information from third-party login providers is collected.
- Unclear whether personal Information is shared with third-party login providers.
3.15: De-identified or Anonymized Data
- User information that is shared is shared in an anonymous or de-identified format.
- Unclear whether the company describes their de-identification process of user information.
3.16: Third-Party Contractual Obligations
- Unclear whether contractual limits are placed on third-party data use.
- Unclear whether contractual limits prohibit third parties from reidentifying or de-identified information.
4: Respect for Context
4.1: Data Use
- Unclear whether use of information is limited to the purpose for which it was collected.
- The context or purpose for which data are collected is indicated.
4.2: Data Combination
- Unclear whether this product treats combined information as personally identifiable information (PII).
4.3: Data Notice
- Unclear whether notice is provided if the context in which data are collected changes.
4.4: Data Changes
- Unclear whether consent is obtained if the practices in which data are collected change.
4.5: Policy Enforcement
- Accounts may be terminated if users engage in any prohibited activities.
5: Individual Control
5.1: User Content
- Users can create or upload content.
5.2: User Consent
- Unclear whether opt-in consent is requested from users at the time personal information is collected.
5.3: Remedy Process
- Unclear whether a grievance or remedy mechanism is available for users to file a complaint.
5.4: Data Settings
- Users can control the use of their information through privacy settings.
5.5: Data Disclosure
- Users can opt out from the disclosure or sale of their data to a third party.
- Users can request to know what personal information has been shared with third parties.
- Unclear whether notice is provided in the event the company receives a government or legal request for a user's information.
5.6: Intellectual Property
- Users do not retain ownership of their data.
- A copyright license is not claimed to data or content collected from a user.
- Any copyright license to a user's data is not limited in scope or duration.
6: Access and Accuracy
6.1: Data Access
- Processes to access or review user data are available.
- Unclear whether methods are available to restrict who has access to data.
- Unclear whether the school, parents, or students can review student data.
6.2: Data Integrity
- Unclear whether the company attempts to maintain the accuracy of data they collect.
6.3: Data Correction
- Processes to modify data are available for authorized users.
- Unclear whether the school, parents, or students can modify inaccurate student information.
- Unclear whether the time period for the company to modify inaccurate data is indicated.
6.4: Data Retention
- A data-retention policy is available.
- Exceptions to the data retention policy exist.
6.5: Data Deletion
- Data are deleted when no longer necessary.
- Unclear whether a user's data are deleted upon account cancellation or termination.
- Processes to delete user data are available.
- Unclear whether authorzied users can delete data.
- Unclear whether the time period for the company to delete data is indicated.
6.6: Data Portability
- Unclear whether this product provides users the ability to download their data.
- Unclear whether a user can assign an authorized account manager or legacy contact.
7: Data Transfer
7.1: Data Handling
- User information can be transferred to a third party in the event of a merge, acquisition, or bankruptcy.
- Unclear whether notice is provided to users if the company assigns its rights or delegates its duties to another company.
- Unclear whether users are notified if their information is transferred to a third party.
7.2: Transfer Request
- Unclear whether user information can be deleted prior to its transfer to a third party.
7.3: Onward Contractual Obligations
- Unclear whether third-party transfers are contractually required to use the same privacy practices.
8: Security
8.1: User Identity
- Unclear whether a user's identity is verified with additional personal information.
8.2: User Account
- Unclear whether this product requires account creation.
- Unclear whether managed accounts are available.
- Unclear whether multi-factor account protection is available.
8.3: Third-Party Security
- Unclear whether third-parties with access to information are required to provide the same security protections as the company.
8.4: Data Confidentiality
- Reasonable security practices are used to protect data.
- Unclear whether this product limits employee or physical access to user information.
8.5: Data Transmission
- Unclear whether this product encrypts all data in transit.
8.6: Data Storage
- Unclear whether all data are stored in an encrypted format.
- The company is clear what jurisdiction a user's personal information is subject to.
8.7: Data Breach
- Unclear whether this product provides notice in the event of a data breach.
8.8: Data Oversight
- Data-privacy and/or security-compliance audits are performed.
9: Responsible Use
9.1: Social Interactions
- Unclear whether this product supports interactions between trusted users.
- Unclear whether users can interact with untrusted users, including strangers and/or adults.
- Unclear whether profile information must be shared for social interactions.
9.2: Data Visibility
- Unclear whether personal information can be displayed publicly.
- Unclear whether this product allows users to control how their data are displayed to others.
9.3: Monitor and Review
- User-created content is reviewed, screened, or monitored by the company.
- Unclear whether user-created content is filtered for personal information before being made publicly visible.
- Unclear whether social interactions between users are moderated.
- Unclear whether social interactions of users are logged.
9.4: Report Content
- Unclear whether users can filter or block inappropriate content.
- Unclear whether users can report abuse or cyberbullying.
9.5: Internet Safety
- Unclear whether the company provides links to resources that support safe and appropriate social interactions.
10: Advertising
10.1: Vendor Communications
- A user can receive service- or administrative-related communications from the company.
10.2: Traditional Advertising
- Unclear whether this product displays traditional or contextual advertisements.
10.3: Behavioral Advertising
- Personalised advertising is displayed.
10.4: Ad Tracking
- Unclear whether data are collected by third-parties for their own purposes.
- User's information is used to track and target advertisements on other third-party websites or services.
- Unclear whether this product creates and uses data profiles for personalised advertisements.
10.5: Filtered Advertising
- Unclear whether ads displayed to children are filtered for inappropriate content.
10.6: Marketing Communications
- The company can send marketing messages.
- The company does provide promotional sweepstakes, contests, or surveys.
10.7: Unsubscribe
- Users can opt out of contextual, or personalised advertising.
- Users can opt out or unsubscribe from marketing communications.
10.8: Do Not Track
- Unclear whether this product responds to "Do Not Track" or other opt-out mechanisms.
- Unclear whether the company provides a method for users to opt-out from third-party tracking.
11: Compliance
11.1: Children Under 13
- Unclear whether company has actual knowledge that personal information from users under 13 years of age is collected.
- The company does provide a section, heading, or separate policy for children in their policies.
- Account creation is restricted or prohibited for users under 13 years of age.
11.2: Students in K–12
- Unclear whether this product is primarily used by, designed for, and marketed toward students in grades preK–12.
- Processes to enter education records into the product are not described.
- Unclear whether additional rights or protections may be provided with an additional school contract.
- Unclear whether the company is designated as a school official.
11.3: Parental Consent
- Parental consent is required before personal information is collected or disclosed.
- Unclear whether this product limits parental consent with respect to third parties.
- Unclear whether this product allows parents to withdraw consent for the further collection of their child's information.
- Unclear whether this product deletes children's personal information if collected without parental consent.
- Unclear whether this product provides parental consent notice and method for submission.
- Unclear whether this product transfers parental consent obligations to the school or district.
11.4: Legal Requirements
- The legal jurisdiction that applies to the laws governing the policies is indicated.
- A user is not required to waive the right to a jury trial, or settle any disputes by arbitration.
- Unclear whether a user is required to waive the right to join a class action lawsuit.
- A company will disclose personal information to law enforcement.
11.5: Certification
- The company has signed a privacy pledge or received a privacy certification.
11.6: International Laws
- A user's data are subject to International data transfer or jurisdiction laws.
- The company has indicated it is a Data Controller or Data Processor.