Consumer Privacy Policy

Sunrise UPC LLC is committed to protecting your privacy. We want you to be confident in the knowledge that we treat your Personal Information with care and in accordance with our obligations under applicable data protection and privacy laws. This privacy policy («Policy») describes how we obtain and process your Personal Information when you use our products and services and when we provide you with our products and services. This Policy governs how Sunrise UPC LLC handles Personal Information you provide to us, subject to notice or consent where required by applicable law.

This Policy applies to all customers of Sunrise UPC LLC and its subsidiaries. It also applies to any visitors to our websites, who may or may not be customers of Sunrise UPC LLC.

Please read this Policy in conjunction with our general terms and conditions and any terms and conditions that may apply to the products and services that you have signed up for. This Policy may be subject to change from time to time. Please check our websites on a regular basis for any changes made to this Policy.

Our products or services may contain links to other companies’ websites and services which they offer; these companies may have privacy policies of their own. We recommend that you read the privacy policies of such third parties. We are not responsible for the privacy practices or content of any such third parties’ products or third parties’ services.

With the objective of setting high privacy standards, we support a wide interpretation of what constitutes Personal Information, which we define as data that relates to any natural person such as an employee or consumer, including but not limited to names, addresses, birthdates and billing records. With respect to our customers and when the context so requires, Personal Information also includes traffic data, location data, IP addresses, internet usage data and set top box usage data.

As a UPC TV user, your Preferred Viewing Information is collected and processed if you have agreed to this. This data consists in information on the content you view on television channels and the content you store on your digital video-recorder.

This type of data collection is used for making automated recommendations. We will not collect Preferred Viewing Information from you without your express agreement. You can agree to the collection of your data when your UPC TV box is installed. Even if you use UPC TV online, you will be asked for your consent to the collection of your data when you first register. You can opt-out at any time. For more information please, refer to the Section «How can you opt-in and opt-out?»

Please also note that the Video-on-Demand (VoD) area records which films you watch and when. This is necessary, first of all, for billing purposes, as these are fee-based films. Secondly, it is also necessary from a technical standpoint so that we can deliver the films to you. Furthermore, we can send you recommendations based on the films you have watched. However, you can opt-out of this type of marketing communication.

We collect information about you due to the nature of our services and products. It is important for us to ensure that our products and services are simple, personal and reliable. We are constantly looking for ways to improve our services and products and to match them as much as possible to your personal needs. We may therefore collect Personal Information for the following purposes:

To provide our products and services. We use Contact, Account and Service Information for setting up and maintaining our products and services, for our administrative processes and to administer contests and competitions. These activities include provisioning, technical support, hardware and software upgrades, billing, collection of payments and credit checking.

To enhance our products and services. We may rely on General Usage Information to identify improvement areas. For instance, high VOD usage in a certain genre may lead to a broader film catalogue in this genre. We may also conduct market research to improve our existing services and develop new products according to the needs of our customers.

To present new products and services. We may communicate with you about upcoming features in our products and services or promotions that might interest you. Please refer to Section «How can you opt-in and opt-out?» where we explain how you can update your marketing preferences.

To enable the purchase of goods and services from our Commerce Partners. From time to time, we may present you with special offers on screen or online while using our products and services enabling you to purchase goods and services from our partners, such as advertisers, promoters, application providers or app stores (all referred to herein as «Commerce Partners»). Should you decide to take advantage of such offers or engage in a transaction, we may collect and communicate your relevant Personal Information to Commerce Partners sponsoring the promotions or transactions. The information will be collected and disclosed by Sunrise UPC LLC only upon your affirmative response to such offers. In addition to fulfilling your request, Commerce Partners may also use Personal Information to send you other information in which you might be interested. The use of Personal Information by Commerce Partners will be governed by their respective privacy policies, which you should refer to in the event that you have any queries regarding how our Commerce Partners might use your Personal Information.

To manage our performance. We may use Personal Information when asking for feedback in respect of the performance of our products and services, our customer care service and our maintenance and operations. Where allowed by applicable law, we may use information related to your use and access to our products and services for purposes of traffic management, customer enquiries and prevention or detection of fraud. Where allowed by applicable law, we may also monitor and record our communications with you, including e-mails and phone conversations, for training purposes, quality assurance and to record details about the products and services you order from us.

To meet our legal obligations. We may be required by law to disclose Personal Information in compliance with the terms of a valid legal process or where required to do so by law enforcement agencies. These disclosures may be made without your consent and knowledge, and without notice, in compliance with the terms of a valid legal process. We reserve the right to challenge the access to Personal Information by authorities.

To provide personalized recommendations. As part of the UPC TV entertainment experience, we may use Preferred Viewing Information to recommend and record programs you may enjoy or offer promotions you may be interested in. Personalized recommendations are activated if you have expressly chosen to allow us to collect your Preferred Viewing Information. Personalized recommendations may be provided with respect to TV channels, VOD and applications. We do not use Personal Information regarding adult content usage other than for VOD billing purposes and do not provide personalized recommendations with regard to adult content. For more details please refer to Section «How can you opt-in and opt-out?».

Sunrise UPC LLC is committed to protecting Personal Information. For the performance of our products and services, we may disclose, in compliance with applicable law, Personal Information to third parties as described below, including third parties located in countries outside the EU and Switzerland where the privacy rules differ from the rules in the EU and Switzerland.

Entities within the Liberty Global Group. We may share your Personal Information with any parent company, subsidiaries, or other companies under common control (collectively «Affiliates»). In such event, we will require our Affiliates to honor this Policy.

Employees of Sunrise UPC LLC. We limit the number of our employees who have access to your Personal Information to a select group of specially authorized employees. Access is granted to these employees for the proper performance of their duties on a need to know basis.

Commerce Partners. When you elect to participate in a special offer or engage in a transaction presented by us but provided by our Commerce Partners, we may disclose Personal Information to such Commerce Partners where relevant. For more details please refer to Section «For what purposes do we use Personal Information?».

Purchaser of our business. If another company acquires Sunrise UPC LLC, or acquires assets of Sunrise UPC LLC that comprise or include your Personal Information, that company will possess the Personal Information collected by Sunrise UPC LLC and it will assume the rights and obligations regarding your Personal Information as described in this Policy.

Other third parties. Where allowed by applicable law, we may also share Personal Information with third parties we trust where the disclosure is necessary for the performance of our products and services (e.g. customer care) and with third party vendors specifically engaged by Sunrise UPC LLC to provide products or services to us, in which case we will require those parties to keep that information confidential and secure and to use it solely for the purpose of providing the specified products or services to us. Where allowed by applicable law, we may also share Personal Information with credit check agencies or debt collection agencies. There may be instances where we may be required by law to disclose Personal Information to authorities or other third parties.

In the course of the provision of its services, Sunrise UPC also relies on the products and services of manufacturers and suppliers in other countries which may, for the performance of their services – for instance the provision of customer services (including Call Centers) or maintenance services – access personal data or telecommunication data from abroad or process it at their location abroad.

In principle, your personal data are only stored within Switzerland or the European Union; particularly sensitive information is only stored in Switzerland. When working with processors who act on our behalf outside of the EU, we comply with the requirements of the Swiss Federal Data Protection and Information Commissioner, and if necessary taking into consideration the rules of the European Commission. Sunrise UPC hereby ensures that commissioned third parties are committed to data protection in a similar manner as Sunrise UPC itself.

Foreign suppliers and service providers may be located in the United States or other countries whose data protection legislation provides less protection than that afforded in Switzerland. In this case, we ensure suitable protection in accordance with Swiss legislation, for example by concluding what are known as “EU model clauses” with the recipients of this data. These clauses are a series of provisions introduced by the European Commission to afford suitable protection to personal data when it is transferred across borders.

We work very hard to protect your privacy and have taken key steps in protecting it. We have formally appointed individuals who are responsible for the security of our network, supporting infrastructure and our information systems. We have implemented solutions to protect Personal Information, which consist of a variety of both technical and policy based solutions which vary depending on the applicable service or product offered or provided to you. These solutions may include, but are not limited to, password protection, encryption, firewalls, anti-virus, intrusion detection, anomaly detection and access controls for our employees.

We must keep Personal Information for no longer than is necessary for us to fulfill the purposes for which the Personal Information was collected unless we are specifically required to keep your Personal Information longer by applicable law.

We may contact you to tell you about our products and services that might be of interest to you on an opt-in basis. If you no longer wish to receive such direct marketing from us, you can choose to opt-out in one of several ways (such as email, SMS, phone, post) or by contacting our Customer Service. You can contact our Customer Service through the ‘Contact Us’ page on our website.

When you use the UPC TV services, we will collect, use and disclose General Usage Information in addition to Contact, Account and Service Information, in ways consistent with this Policy. Before we collect Preferred Viewing Information, you will be given the choice to opt-in or opt-out as described below.

UPC TV. When you install UPC TV, we will ask you to agree to allow us to collect Preferred Viewing Information in order to provide you with personalized recommendations on content you may enjoy and offer you promotions that might interest you. Then at any time on UPC TV, you can opt whether or not to receive personalized recommendations via the UPC TV settings menu or Recommendations page. If you make the choice to opt-out, you understand that we will not inform you about any personally relevant content or promotions regarding the UPC TV service. Opting-out will delete Preferred Viewing Information that was saved while your opt-in election was in effect.

UPC TV Online. When you first register for UPC TV Online, we will ask you to agree to allow us to collect your Preferred Viewing Information in order to provide you with personalized recommendations on content you may enjoy and offer you promotions that might interest you. The UPC TV Online service provides you with personalized recommendations to enable you to take full advantage of the features of this service.

If you are a UPC TV customer, you may connect your home network to your UPC TV set top box. By using the home network setup wizard, you agree to connect your home network to the UPC TV set top box. The UPC TV set top box will then create an index of video, music and photo files stored on compatible devices in your home. Where possible, movie and TV program files from your home network will be enhanced with cover images and synopsis information. This home network feature may be turned on or off at any time within the UPC TV settings menu. Disabling the home content feature deletes the index of video, music and photo files created by your UPC TV set top box. We do not use any Home Content Information for personalized recommendations.

As part of our UPC TV services, you may have access to third party applications via the feature offered by our service called the App Store. You understand and acknowledge that Sunrise UPC LLC is not responsible for any such third party applications you choose to access. These third party applications will operate under their own privacy policies; please read these policies carefully. We caution you not to enter any personal or sensitive information (such as social security or credit card numbers) while using a third party application unless you have verified it is from a source that you trust.

You have a right to have incomplete, incorrect, inappropriate or outdated Personal Information deleted or updated. If you believe any of the details we hold about you are incomplete, incorrect, inappropriate or outdated, let us know and we will make the necessary corrections or deletions within the applicable legal time frames.

You have a right to know what Personal Information we hold about you. Where permitted by applicable law we may apply a small charge that will cover the cost of the administration involved in providing such information to you.

You also have a right to request that we stop processing your Personal Information for direct marketing purposes. If you no longer want to receive direct marketing information or telephone sales calls from us, please contact our Customer Service. You can contact Customer Service through the ‘Contact Us’ page on our website.

Please be aware that when you opt-out or request us to stop processing your Personal Information there may be instances where we may not be able to continue to provide you with our products or services.

If you have any comments or queries concerning this Policy or you wish to request access to the Personal Information that we hold on you then please contact our Privacy Officer privacy@upc.ch

Wallisellen, February 2016