TWA PRIVACY POLICY

This Privacy Policy explains the information that Third Witness (TWA) collects when you use its products and services, how that information is used, with whom it may be shared, and your privacy choices.

Introduction:
Children's Privacy

Law Enforcement

Public Privacy
Data We Collect About You
How We Use Your Data
With Whom We Share Your Data
Legal and Safety-Related Disclosures
Data Retention
Your Privacy Choices
Account and Video Privacy Settings
Communications from Us
Protecting Your Information
Your Responsibilities
Third-Party Services
International Data Transfers and Certain User Rights
How to Contact Us

1. Introduction

Who we are and what we do.

This Privacy Policy covers The Third Witness App (TWA) “we” “us” or “our”). We provide technology to establish and record virtual communication (i.e., video conferencing, audio, email, and text messaging. hosting, sharing, and related services between Law Enforcement Officers (LEOs) the public and a user's designated representative (i.e., Doctor, Family Member, Friend, etc.) through our privately owned and operated websites and servers, including our branded applications for mobile and connected devices, and our embeddable video players (collectively, the “services”).

Acceptance and Changes
By registering for, downloading, or using our services, you accept this Privacy Policy, which is part of our Terms of Service. We may modify this Privacy Policy from time to time. We will post any modified version of our Privacy Policy at https://www.ThirdWitness.net. If we change the Privacy Policy in a way that materially lessens our commitments to you, we will provide notice to registered users by email or other methods.

2. Children's Privacy
We do not knowingly collect personal information from individuals who are under the minimum required ages specified herein. You must be at least 16 years old or the age of majority in your jurisdiction, whichever is greater, to use our services. Individuals under the applicable age may use our services only through a parent or legal guardian's account and with their involvement. If you are a parent or legal guardian who believes your child has provided personal information to TWA without your consent, you may ask us to delete such information by contacting us at [email protected]

3. Data We Collect About You

When you sign up for TWA, you give us certain information voluntarily.  This includes your name and email address.  In addition, if you link your Google account or accounts from third party services, we may also get information from those accounts depending on the privacy policies of those services.  The information is protected with encryption and anonymity and is only accessible to law enforcement or any other third party with your consent as part of your membership, use, and participation in TWA. 

Third parties may illegally obtain information about you via unauthorized intrusion or hacking of you when you use our services.

No personal identifying information about you is shared with any third party. All user's (LEO and Public) personal identifying information and recordings are encrypted and/or anonymous. Your information is secure and can only be lost or damaged by intentional, malicious, and unlawful intrusion and acts of nature.

Your identity and information may be shared in circumstances necessary to contact and communicate with police, LEOs, and other First Responders (FRs).

Account Information:

To create an account, you must provide a valid email address and password. Two-factor authentication will be necessary to login to your account

Financial Information
To pay for membership or make a purchase (i.e., accessories), you may need to provide a valid payment method (e.g., credit card or PayPal account). Your payment information will be collected and processed by our authorized payment vendors. We do not directly collect or store credit or debit card numbers ourselves in the ordinary course of processing transactions. If we allow purchase through a third-party platform (i.e. in-app purchase), the payment method stored with the third-party platform will be charged.

If you wish to sell items or earn money from advertising through our services, you must provide an account to receive funds and tax information, which may include your name, address, and taxpayer identification number.

Content You Submit
You may upload and create content such as videos, text, photographs, and artwork. Your account profile may display information about you and your activities. This information may be accessed by others. Your videos may be viewed and otherwise accessed by others, and associated metadata (e.g., titles, closed captions, descriptions, tags, etc.) may be viewable by others. You may choose to limit the availability of your profile and videos. For more details, see Section 9.

Your interactions during events such as live streams and webinars, or with other users (e.g., comments, "likes," poll responses) may be seen by others.

Capture Forms
You may submit information through a capture form set up by a video owner or webinar host. This information will be received by both TWA and the video owner and is subject to both TWA's Privacy Policy as well as the video owner's privacy policy. Except where TWA  is the video owner, TWA will not use any information you submit through such forms for direct marketing purposes.

Other Information You May Submit
You may submit data to us for limited purposes such as requesting customer support; participating in a study or survey; entering contests or sweepstakes; applying for a job; or signing up to receive communications from us or another user.

Automatically-Collected Information
We automatically collect certain types of data when you use our services, regardless of your account(i.e., organization or individual). This data includes your IP address, technical information about your device (e.g., browser type, operating system, basic device information), the web page you visited or search query you entered before reaching us, and your activities. We may track your activities using cookies and similar technologies. By using our services, you agree to our use of these methods as set forth in our Cookie Policy.

Physical Products
We collect your shipping address to send you the products you have ordered.

Information Collected by Third Parties
Some third parties may collect data about you when you use our services. This may include data you submit (such as payment information) or automatically collected information (in the case of third-party analytics providers and advertising partners).

We may obtain data from third parties about you. We may combine that data with information that we have collected. For example, some advertisers or advertising platforms may allow us to determine what other online services you might use so that we may place relevant ads on those services.

4. How We Use Your Data
We may use your data for the following purposes:

Identification and authentication: We use your data to verify you when you access your account.

Operating our services: We use your data to provide our services, process and fulfill orders, provide customer support, and otherwise comply with our contractual obligations to you. We (and/or our third-party vendors) use your financial information to process purchases made by you and to pay you the amounts you have earned.

Communicating with you: We use your data when we communicate with you (e.g., when we respond to a customer support or other inquiry).

Improving our services: We use your data to understand how our services are being used and how we can improve them. In general, we analyze aggregated data, rather than specific user data. We may, however, need to analyze a specific case to address a specific problem (e.g., a bug that affects only a few accounts).

Customizing your experience: We use your data to personalize the service to you. This may include remembering your preferences for language or volume or displaying videos that you might enjoy, based on your viewing choices.

Marketing and advertising: We use your data to show you ads on third-party sites, and to measure the effectiveness of those ads.

Exercising our rights: Where reasonably necessary, we use your data to exercise our legal rights and prevent abuse of our service. For example, we may use your data to detect and prevent fraud, spam, or content that violates our Terms of Service.

Legal compliance: We use your data where we are legally required to do so. For example, we may need to gather your data to respond to a subpoena or court order.

Protecting your information: Where appropriate, we may anonymize, backup, and delete certain data.

We may use algorithms and other automated means to implement any of the above.

Whenever we process your data for one of these purposes, we have determined that one or more of the following lawful bases apply:

Performance of a contract;
Legitimate commercial interest;
Compliance with a legal obligation; or
Consent
If you require further information about the balancing test that TWA has undertaken to justify its reliance on legitimate interest as a lawful basis for processing, see Section 14 for information on how to contact us.

5. With Whom We Share Your Data
We share data with third parties as follows:

As you instruct: We may make your profile and videos available to others as you instruct in using our services. We may share your data with persons to whom you have granted account-level access.
With your consent: We may share your data with third parties where we have obtained your express consent to do so.

Authorized vendors: We may share your data with third-party vendors that help us operate our services, process orders, and comply with your instructions and our contractual obligations. This includes payment processors, content delivery networks (CDNs), cloud-based hosting services, monitoring services, email service providers, quality assurance and testing vendors, fraud and abuse prevention vendors, customer relations management (CRM) vendors, and shipment vendors.

Analytics: We may share your data with analytics providers which help us understand how customers are using our services. We may also share identifying analytics information with the hosts of webinars you attend, or users of your organization-administered account (see below for more details).

Affiliates and advisors: We may share your data with our auditors and advisors for planning, financial reporting, accounting, auditing, tax filings, and legal compliance. We may share your data with our affiliates to the extent necessary to provide you with the services ordered.

Certain legal situations: We may share your data where we believe disclosure is necessary to comply with a legal obligation or in connection with a corporate transaction as discussed in Section 6.

Aggregated or anonymized information: We may publicly disclose non-personal aggregated or anonymized information such as our number of visitors and registered users.

Organization-Administered Accounts (i.e., Law Enforcement, Legal or Government, etc.)

You may create a TWA account using an email address provided or assigned to you by an organization (such as your work email address). If the organization establishes a direct relationship with us, they may convert your personal account to become part of the organization's account. 

This means the organization may:

• Access information about your account activity.
• Take control of the account, including any content whether uploaded before or after the date that the organization converts your account to the organization's account; and/or
• Delete your account.

If you sign up for a TWA account using an email address issued to you by an organization, TWA may share your personal information (e.g., name, email address) with such organization. If you do not want an organization to access or otherwise control an account, use a personal email address, and do not use an organizational email address when creating an account.

6. Legal and Safety-Related Disclosures

We may disclose your data in response to official requests (e.g., court orders, subpoenas, search warrants, national security requests, etc.) ("requests") that we receive from government authorities or parties to legal proceedings. We direct law enforcement agencies to our Law Enforcement Guidelines page.

We handle U.S. requests in accordance with U.S. law. If the request originates from a foreign jurisdiction, we will typically disclose information where we in good faith believe that disclosure is permitted by both U.S. law and local law. In all cases, we may raise or waive any legal objection or right available to us, at our sole discretion.

We may disclose user data where we reasonably believe that someone's life is at risk. For example, if we become aware of a person threatening to commit suicide, we may share that person's data with appropriate entities that may have the ability to help.

We may disclose user data to report suspected crimes. We report content suspected of exploiting minors to the National Center for Missing and Exploited Children (NCMEC) along with the data identifying the uploading user.

We may disclose user data in situations involving legal claims against us or one of our users. If you submit a Digital Millennium Copyright Act (DMCA) or other takedown notice, we may share that notice with the affected user. If you challenge such a notice, we may share your response with the complainant.

We may share your data with potential transaction partners, advisors, and others in the event our company is, in whole or part, acquired by a third party. In such a case, we will use reasonable efforts to require the acquiring entity to comply with this Privacy Policy.

7. Data Retention

We retain your data for as long as you have an account. When you close an account, we will delete its content, including its videos. We may retain logs of automatically collected information (for internal analytics and security purposes); your email address; your tax information; communications with you; and your transactional information (for auditing, tax, and financial purposes). When we no longer have a business reason for retaining data, we will delete or anonymize it.

We retain deleted videos on our servers for a short period in case you wish to reverse deletion. Once we delete a video, we may not be able to recover it. If you have previously made a video public, the video or its thumbnail may be discoverable in a search engine's cache for a time. We have no control over search engines; however, we will, upon request, send a request for deletion to major search engines.

If we receive legal process pertaining to your account, we will retain your data for as long as we in good faith believe is necessary to comply with the legal process. Similarly, if we believe that your account has been involved in wrongdoing, we may preserve your data to defend or assert our rights.

Please Note That All Recordings Are Encrypted And Anonymized And Can Only Be Accessed And Retrieved By The Person In Possession Of The Recording Identification Number (RIN) 

8. Your Privacy Choices
We enable you to make numerous choices about your data:

You may choose not to provide us with certain information. For example, you may choose not to create an account or not to provide optional account information.

You may change your account and video recording and privacy or choose not to use certain communication settings. See Section 9 for more details.

You may change or correct information voluntarily submitted to us. We encourage you to keep your data current by viewing your settings page.

You may opt out of receiving commercial emails from us (NOT RECOMMENDED). See Section 10 for more details.

You may limit the use of cookies. See our Cookie Policy for options.

You may or may not back up recordings on your device

You may close your account (which may delete all videos) or delete certain videos.

Users in certain jurisdictions may have additional rights. See Section 13 for more details.

9. Account and Video Recording Privacy Settings:
As part of our services, we offer you the ability to limit the distribution of your content, including your videos. This section explains some of your choices.

 Your Profile:
Some of our online subscription plans enable you to "hide" your profile or otherwise make it inaccessible on our website. Your profile will, however, remain accessible to persons who have access to your account or content.

Designated Contacts
Some TWA features enable you to grant account-level access rights to others. Persons who are Designated Contacts (DC).  Supervisors, Doctors, Family, and Friends may be able to see and potentially alter your data. You may revoke or downgrade a DC access at any time.

Video Recordings,

Video recordings are available in several locations depending on your TWA membership status.

For Law Enforcement recordings are available:

to be downloaded on,

(1) Their device

(2) The organization's server

(3) TWA Servers

For the Public recordings are available

to be downloaded on,

(1) Their device

(2) TWA Servers

Please note that (a) only recordings uploaded to TWA servers can be certified as authenticated and untampered and (b)recordings can only be

retrieved by the user or organization in procession of the recording identification number (RIN).

You may create a sharable link to your video for the purpose of sharing your video with others or embedding your video on a third-party website (including your own). Creating such a sharable link will override your privacy settings and will allow anyone who enters the link in a browser to view your video without restriction. Similarly, embedding your video on a publicly available website will allow the public to view your video regardless of your privacy settings.

You should exercise caution in granting access to others (whether through link sharing or passwords). Once you have granted access to someone else, you lose a degree of control over the distribution of your video as those persons may share the password and/or link with other people.

Regardless of your profile or video privacy settings, TWA reserves the right to inspect them for compliance with its Terms of Service, to provide customer support, or to address technical issues.

10. Communications from Us:
Emails and Texts from TWA,

Technology is dynamic and we continue to make upgrades and improvements in the interest of providing you with the best and safest service possible.
If you create an account, you will receive updates and upgrades in commercial emails from us. This includes newsletters and offers. You may always opt-out from receiving commercial messages in your account settings. Please note that any opt-out request is NOT ADVISED and may take several days to process, and you will continue to receive transactional emails from us (e.g., emails confirming transactions and/or providing information about your account).

Mobile Device Communications
As a part of TWA features you will receive push notifications on your device from law enforcement and other first responders. You should NOT attempt to disable these by declining them or changing the app's settings. To the extent provided, we may, with your consent, send SMS messages to your mobile telephone for authentication and security purposes.

11. Protecting Your Information:
We use physical, technical, and organizational security measures to safeguard your data from unauthorized or accidental disclosure. Despite these efforts, no information system can be 100% secure, so we cannot guarantee the absolute security of your information. Users also have a role to play in keeping their data safe. We encourage you to use a unique and hard-to-guess password for your account and to not share it with others. You should only grant access rights to people who you know and trust, and, even then, you should be careful in granting all access rights. You should monitor your account regularly. If you believe that someone has gained access to your account without your permission, please contact us immediately so that we can investigate.

12. Third-Party Services
We may provide access to online services that we do not own or operate via hyperlinks or integrations. These services fall outside of this Privacy Policy, and we have no control over the data they collect. Once on a third-party site, your data may be collected by others. We encourage you to read our Third-Party Service Addendum and the privacy policies of such services before using them.

You may use our service through third-party sites. For example, you may watch a video that is embedded on a third-party site or use one of our apps on a third-party platform. This Privacy Policy covers our apps and video players or devices but does not cover any third-party site or any third-party video player.

13. International Data Transfers and Certain User Rights

13.1 Location of Data
TWA is based in the United States. We provide services globally using computer systems, servers, and databases located in the U.S. and other countries. When you use our services from outside of the U.S., your information may be transferred to and processed in the U.S. Please note that U.S. data and privacy laws may not be as comprehensive as those in your country. Residents of certain countries may be subject to additional protections as set forth in Sections 14.2 and 14.3 below.

13.2 GDPR (EEA and UK Users)
This Section 14.2 applies only to natural persons residing in the European Economic Area and the United Kingdom (for the purpose of this section only, "you" or "“your" shall be limited accordingly). It is TWA's policy to comply with the EEA's General Data Protection Regulation (GDPR). In accordance with the GDPR, we may transfer your personal information from your home country to the U.S. (or other countries) based on the following legal bases:

Legitimate business interests: We could not provide our services or comply with our legal obligations without transferring your personal information to the U.S.
Our use of Standard Contractual Clauses (also known as "Model Clauses") where appropriate.
You have the right to: opt out of non-essential cookies (see our Cookie Policy); access, correct, delete, restrict, or object to our use of your personal information; be forgotten; port your data; and withdraw consents. We enable the exercise of these rights primarily through our services (which we reserve the right to modify). For example, we allow users to change their information, download their videos, and close their accounts. We also fulfil our obligations in response to direct requests. We will endeavor to process requests within one month. Please note that we may not be able to comply with requests to the extent that they would cause us to violate any law or infringe any other person's rights. We reserve the right to request appropriate identification. We will process requests free of charge unless they impose an unreasonable cost on us.

If you have a request, complaint, or inquiry, please contact our Data Protection Officer at the address listed in Section 15. We are committed to working with you to obtain a fair resolution of any issue. You also have the right to file a complaint with the supervisory data protection authority of your jurisdiction.

13.3 U.S. State Privacy Disclosures and Consumer Rights
Additional details about Vimeo’s data collection, use, and third-party disclosures can be found in our U.S. State Privacy Notice.

14. How to Contact Us
For any questions, inquiries, or complaints relating to your privacy, please contact us at:

Telecare LLC/Third Witness

44A Manchester Lane

West Milford, New Jersey,07480

Phone:                973.506.6710

Toll-free:        1.800.729.6913

Fax:                1.973.506.6228

e-mail,[email protected]

Alternatively, if you are in the UK or EU/EEA and would like to exercise your rights or have questions about our processing of personal data, you may contact our local representative for the EU/EEA or the UK.

For the EU/EEA:

For the UK: