Introduction

ByTomorrow considers it important to handle your privacy carefully and in accordance with applicable privacy laws and regulations. In this privacy statement, ByTomorrow explains how it handles your personal data when you visit our streaming platform, contact us, and/or use our services.

Scope of ByTomorrow's responsibility

As part of its service, ByTomorrow provides its customers with access to its streaming platform (hereinafter referred to as the 'Platform'). Customers can stream videos, whether live or not, through this Platform. You can view these videos via the Platform. ByTomorrow provides you access to the Platform on behalf of its customer.

When performing the services mentioned above, ByTomorrow will generally be a processor within the meaning of the General Data Protection Regulation (GDPR) and not a controller. ByTomorrow processes personal data on behalf of and for the benefit of its customer. In that case, the customer is, in principle, the data controller because he decides to stream videos via the Platform. The customer also decides under which conditions you get access to his videos (e.g., payment or free of charge). ByTomorrow registers your personal data on behalf of the customer. To the extent that the processing concerns the customer (the party streaming videos via the Platform) as the controller, please contact this party for more information about this specific processing and to exercise your rights as a data subject.

In addition, ByTomorrow is itself a data controller for some specific processing of personal data. For example, ByTomorrow can remember your registration and account on the Platform. If you want to view videos from another customer (another provider) at a certain moment, ByTomorrow can transfer your registered personal data to this other customer after your consent. The advantage for you is that you can view the videos streamed by other customers with the same account (the so-called "Single Sign-On" principle). You do not have to create a new account to view the video of this other customer. In addition, ByTomorrow processes personal data (of representatives) of customers who use or wish to use the streaming services.

For such processing of personal data, for which ByTomorrow itself is the data controller, you can contact ByTomorrow for more information and to exercise your rights.

In this privacy statement, ByTomorrow indicates how it handles your personal data as a data controller when you visit our Platform, contact us, and/or use our services.

Processing of personal data and objectives

ByTomorrow processes personal data as soon as you visit our Platform, contact us, and/or use our services. We process this personal data for the following purposes:

  1. to be able to perform our streaming services towards the customer;
  2. to arrange the billing of our streaming services and/or the use of the Platform;
  3. to be able to contact you following a message and/or question sent by you;
  4. to achieve user-friendliness for you as a viewer;
  5. to achieve our marketing and promotional objectives and to carry out activities in that regard;
  6. to ensure the proper functioning of the Platform, in which personal data is also processed for functional, tracking, and marketing purposes (processing of personal data for these purposes

Legal basis for processing your personal data

We process personal data for the purposes mentioned above on the following legal bases:

  1. The necessity for the performance of the legitimate interests of ByTomorrow in processing your personal data, which outweigh your privacy interests in the given circumstances (taking into account the impact of the processing on you). This legal basis applies to the following processing activities:
    • Processing of (business) personal data to enable us to provide our services to the customer and to be able to invoice our services. We process your (business) personal data in this context because you are, for example, our point of contact from the customer or responsible for handling our invoices.
    • Processing of personal data that are important to be able to contact you in response to a message and/or question you have sent. In this regard, personal data are processed - where necessary - to execute your request and/or comment and to initiate an appropriate action in response to it.
    • Processing of personal data that are necessary to perform our marketing and promotion activities.
    • Processing of personal data (mainly through functional cookies that have little impact on your privacy) that are necessary for the optimal functioning and exploitation of our Platform. Our interest is to be able to offer the Platform in the best possible way.
  2. Your consent to process your personal data - including cookies (other than functional cookies that have little impact on your privacy). You have the right to withdraw this consent at any time. However, this does not affect the lawfulness of the processing of personal data based on your consent prior to its withdrawal.

Retention period of personal data

ByTomorrow does not retain your personal data for longer than is strictly necessary to achieve the purposes for which your personal data is collected, unless a longer retention period is required by law.

Sharing of personal data with third parties

ByTomorrow shares your personal data with third parties if this is necessary to achieve the purpose of the processing. ByTomorrow provides your personal data, to the extent necessary, to, among others, the following recipients:

  • Other customers of ByTomorrow in the context of the Single Sign On principle / user convenience, but only if you have given permission for this;
  • The external hosting provider on whose servers your personal data is stored;
  • The external email service provider who handles the mailings related to the Platform;
  • The external parties involved in the development as well as the management and maintenance of the Platform.

ByTomorrow will also comply with legal obligations, court orders, and/or orders provided by competent authorities to share your personal data with third parties.

Cookies

The ByTomorrow Platform uses cookies and similar technologies (hereinafter collectively referred to as 'cookies') to collect additional data about the use of the Platform and to improve services.

What are cookies?

Cookies are small files that are placed on your hard drive during a visit to the Platform. Thanks to these cookies, you do not have to enter the same information again or choose language settings during a later visit, and ByTomorrow can improve the overall user experience of the Platform.

Cookies on the Platform

The table below shows the cookies used on the ByTomorrow Platform, their purposes, and the period during which the personal data collected with them are stored.

Cookie name Function/purpose of cookie Expiry/storage period of cookie
Functional cookies
Platform session cookie Checking if a user is logged in During session
Tracking cookies
Hotjar Analyzing anonymous user behavior 365 days & During session
Hotjar GA Analyzing anonymous web behavior 730 days

Allowing cookies

ByTomorrow always places functional cookies that have little impact on your privacy. Tracking and marketing cookies are only placed by ByTomorrow if you have given permission for this. You can give permission by clicking 'Accept' in the cookie notification when you first visit the Platform. However, this is not mandatory. Even if you do not give permission to ByTomorrow to use tracking and marketing cookies, you can still use the Platform. However, the Platform may not function optimally.

Deleting or blocking cookies

You can delete or block the cookies of ByTomorrow at any time. The links below describe how cookies can be blocked or deleted for each browser:

External links on the Platform

The Platform of ByTomorrow contains links to other external websites. This privacy statement does not apply to those websites. We try to keep the external links up-to-date and refer to the correct websites. ByTomorrow is not responsible for the content of those websites and the way in which they handle your personal data. We advise you to always read how these other websites handle your personal data.

Videos of our customers

As part of its services, ByTomorrow streams videos of its customers through the Platform. ByTomorrow provides these streaming services on behalf of the customer. Therefore, ByTomorrow is generally regarded as a processor within the meaning of the GDPR. We do not know exactly which videos the customer streams through the Platform and what the content of these videos is. The responsibility for the processing of personal data through the videos streamed via the Platform rests with the respective customer (the data controller within the meaning of the GDPR). We are expressly not responsible for these processing of personal data. We therefore recommend that if your personal data is processed through the videos, you contact the respective customer for more information.

Your rights regarding your personal data

Data subjects have a number of rights that you can exercise with the data controller. In some cases, this will be with our customer (the party that streams the videos through the Platform). To the extent that ByTomorrow is the data controller for your personal data processing, you can generally exercise the following rights with ByTomorrow.

You have the right to request access to the personal data processed by ByTomorrow on you. If you believe that this personal data is not or no longer complete, you can request to supplement, correct, rectify or delete your personal data, or request to limit the processing of personal data. You also have the right to have your personal data transferred to a third party.

Furthermore, in some cases, you have the right to object to the processing of your personal data by ByTomorrow. This is possible to the extent that the processing of personal data is based on the necessity for the performance of our legitimate interests or for direct marketing.

ByTomorrow will fulfill such requests as soon as possible or provide motivated explanations as to why your request cannot (yet) be carried out. You can send your request to ByTomorrow via the contact details provided at the bottom of this privacy statement. When you make a request to us, we may ask for additional information to verify your identity.

Changes to this privacy statement

ByTomorrow may amend this privacy statement. We do this, for example, if the law or our policy changes. We therefore recommend that you review this privacy statement regularly. The date of the last modification is stated at the beginning of the statement.

Questions and complaints

If you have any questions about our privacy statement, you can of course contact us. You can reach us via the contact details provided at the bottom of this privacy statement.

If you believe that we are processing your personal data in an improper or unlawful manner and we do not or insufficiently respond to your objection or request, as described above, you can file a complaint with us via the contact details provided at the bottom of this privacy statement. If you subsequently believe that we have been unable to resolve your problem, you can file a complaint with the Dutch Data Protection Authority.

Identity and contact details ByTomorrow

Live-Sport B.V. (trading as 'ByTomorrow')

Newtonstraat 19A

3902 HP Veenendaal

Tel: +31623243297

Email: info@bytomorrow.nl

Chamber of Commerce: 80164560