September 22, 2014

Mr. John Traversy

Secretary General
Canadian Radio-television and Telecommunications Commission
Ottawa, Ontario
K1A 0N2
Filed Electronically
Dear Mr. Traversy:
Re: Broadcasting Notice of Consultation CRTC 2014-190 (BNC 2014-190), Lets
Talk TV Response to Requests for Information
This correspondence is further to Netflixs appearance before the Commission on
September 19, 2014 at the public hearing to consider Broadcasting Notice of
Consultation CRTC 2014-190 Lets Talk TV (BNC 2014-190).
During our appearance, Netflix gave undertakings to provide responses to certain
questions (the Responses) asked by the Commission. The Responses are attached as
Schedule A to this letter.
The Responses are filed voluntarily by Netflix to assist the Commission in this
proceeding. The Responses are based solely on a review of the video archive of Netflixs
appearance on the CPAC web site, in view of the fact that the transcript from the hearing
was not available.
The filing of the Responses is not an acknowledgment of or attornment to either the
jurisdiction of the Commission by Netflix, or the substantive application of Canadian law
(including the provisions of the Broadcasting Act) to Netflix. The Responses are filed
strictly 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 in
connection with the foregoing, please do not hesitate to contact the undersigned.
Respectfully,
Original signed by
Corie Wright
Director, Global Public Policy
SCHEDULE A
RESPONSES
No. Undertaking Response
1 Provide screenshots that show how Canadian audiovisual programming is
discovered on Netflixs service.
Screenshots showing the Canadian genre selection
on the Netflix service are set out below in
Schedule A-1.
2 Provide the percentage of programming on Netflixs service that is closed-
captioned.
90% of the Canadian service catalogue includes
captions or subtitles.
3 To the extent that Netflixs Canadian service includes a sub-genre related
to Canadian childrens programming, provide screenshots showing the
availability 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 of
its 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 about
confidentiality, Netflix is not in a position to
provide this information.
5 Confirm whether Netflix agreed to pay the VOD tax of the French
Ministry of Culture.
Netflix did not enter into such an agreement.
6 Confirm whether Netflix agreed with the Government of France not to
show films that are less than three years of age since their initial
distribution.
Netflix did not enter into such an agreement with
the Government of France. Netflixs service in
France respects the release windows for
theatrically exhibited films.
7 Confirm whether the Frances Council of State recommended government
oversight over the algorithm used by Netflix to present services and
movies to assure the cultural Ministry that French content will be
appropriately positioned on the opening page.
Netflix has not communicated with the French
Government about such a recommendation.
8 Confirm whether Netflix agreed with the Government of Netherlands to
pay a VOD tax.
Netflix has not communicated with the
Government of Netherlands about such a tax.
9 Confirm whether Netflix agreed with the Government of Netherlands
requirements for discoverability.
Netflix has not communicated with the
Government of Netherlands on any such
requirements. When Netflix establishes its
European head office in the Netherlands, it will
comply with all applicable Dutch law.
10 Confirm whether Netflix agreed with the Government of Netherlands
requirements for appropriate access to Dutch and European content.
Netflix has not communicated with the
Government of Netherlands on any such
requirements. When Netflix establishes its
European head office in the Netherlands, it will
comply with all applicable Dutch law.
11 Confirm which Canadian (federal and provincial) privacy laws Netflix is
subject to.
Netflix complies with the requirements of the
Personal Information Protection and Electronic
Documents Act, S.C. 2000, c. 5, in addition to
other Canadian (federal and provincial) privacy
laws that may be applicable.
12 Provide Netflixs Privacy Policy. Netflixs Privacy Policy is set out below in
Schedule A-2.
SCHEDULE A-1
SCHEDULE A-2
Privacy Policy
This Privacy Policy explains our policy regarding the collection, use, disclosure and
transfer of certain information, including your personal information, by the Netflix family
of companies ("Netflix") (help.netflix.com/article/en/node/6592).
For instructions on how to contact us, or to see which Netflix company is the controller
of your personal information (where applicable), please see the "Contacting Us" section
below. By using, visiting or browsing the Netflix service, you accept and agree to our
information practices described below.
For the purposes of this Privacy Policy, the term "personal information" refers to
information that can be used to uniquely identify or contact you. Non-personal
information is information that does not permit direct association with you. We may
collect, use, transfer and disclose non-personal information for any purpose.
Please note that this Privacy Policy includes embedded hyperlinks that may only be
accessed through our website, so if you are reviewing this Privacy Policy through certain
Netflix ready devices, you will need to visit www.netflix.com/privacypolicy to review
these hyperlinked terms.
Collection of Information
Use of Information
Disclosure of Information
Social Sharing
Profiles
Cookies and Internet Advertising
Your Choices
Right to Access Your Information
Security
Other Websites, Platforms and Applications
Children
Changes to This Policy
Transfer of Information
Contacting Us
Collection of Information
We receive and store information about you such as:
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 and
telephone number. We collect this information in a number of ways,
including when you enter it while using our service, interact with our
customer service, or participate in surveys or marketing promotions; and
o information collected when you choose to provide reviews or ratings, set
preferences in Your Account or otherwise provide information to us
through our service or elsewhere.
Information we collect automatically: We collect information regarding you
and your interactions with us and our advertising, your use of our service,
applications, sites, tools, and customer service, as well as information regarding
your computer or other device used to access our service (such as gaming
systems, smart TVs, mobile devices, and set top boxes). This information may
include:
o your activity on the Netflix service, such as title selections, watch history
and 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 (such
as type and configuration), connection information, statistics on page
views, referral URLs, ad data, IP address and standard web log
information;
o information collected via the use of cookies, web beacons and other
technologies. See our Cookies and Internet Advertising section for more
details.
Information from your social networking account: If you choose to connect
one or more social networking accounts (such as Facebook) with your Netflix
account, we will obtain information from your social networking account, as
described in our Social Sharing section below.
Information from other sources: We may supplement the information described
above with information we obtain from other sources, including from both online
and offline data providers. Such supplemental information may include
demographic data and Internet browsing behavior. We may use this supplemented
information 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 well
as 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 and
personalize our services and marketing efforts for you and others, including to process
your registration, your orders and your payments, and to communicate with you on these
and other topics. For example, we may use the information we collect for purposes such
as:
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 efficiently
respond to inquiries and requests;
preventing, detecting and investigating potentially prohibited or illegal activities,
including fraud, and enforcing our terms (such as determining free trial
eligibility);
sending you e-mails, push notifications or other correspondence and advertising
concerning our service, including newsletters, messages about new Netflix
features, Netflix special offers, promotional announcements and consumer
surveys. From time to time, we may partner with companies whose products we
believe will interest our members. In conjunction with these partners, we may
send promotional announcements and/or serve web-based advertisements on their
behalf, as permitted by law. Please see the "Your Choices" section of this policy
for 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 use
movie and TV show ratings and consumption behavior, as well as commentary and
reviews, on an aggregate or anonymous basis, to improve our recommendations to you as
well as other users. Aggregated or anonymous information may be used for a variety
purposes not explicitly set forth in this policy.
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Disclosure of Information
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 follow
practices that are consistent with the practices described in this Privacy Policy.
Service Providers: We use other companies, agents or contractors ("Service
Providers") to perform services on our behalf or to assist us with the provision of
services to you. For example, we engage Service Providers to provide marketing,
advertising, communications, infrastructure and IT services, to personalize and
optimize our service, to process and limit fraud in connection with credit card
transactions or other payment methods, to provide customer service, to collect
debts, to analyze and enhance data (including data about users' interactions with
our service), and to process and administer consumer surveys. In the course of
providing such services, these Service Providers may have access to your personal
or other information. We do not authorize them to use or disclose your personal
information except in connection with providing their services.
Promotional offers: We may offer joint promotions or programs that, in order for
your participation, will require us to share your information with third parties. For
example, we may partner with companies that offer incentives, such as frequent
flyer mileage awards, if you sign up or otherwise utilize our service. In fulfilling
these types of promotions, we may share your name and other information in
connection with fulfilling the incentive. By participating in such joint promotions
or programs, you agree to our sharing of your information. Please note that we do
not control the privacy practices of these third party businesses.
Protection of Netflix and others: Netflix and its Service Providers may disclose
and otherwise use your personal and other information where we or they
reasonably believe such disclosure is needed to (a) satisfy any applicable law,
regulation, legal process, or governmental request, (b) enforce applicable terms of
use, including investigation of potential violations thereof, (c) detect, prevent, or
otherwise address illegal or suspected illegal activities (including payment fraud),
security or technical issues, or (d) protect against harm to the rights, property or
safety of Netflix, its users or the public, as required or permitted by law.
Business transfers: In connection with any reorganization, restructuring, merger
or sale, or other transfer of assets, we reserve the right to transfer information,
including personal information, provided that the receiving party agrees to respect
your personal information in a manner that is consistent with our Privacy Policy.
Social networking services: If you choose to take advantage of our social
features or use social plugins available through our site, you will be choosing to
disclose information as set forth in our Social Sharing section below.
Information you make public: While using the Netflix service you will have
opportunities to post reviews or other information publicly. Please understand that
when you post such information it is made public and we are not responsible for
any third party's use of information you publicly disclose through our service.
Others with access to your account: If you share or otherwise allow others to
have access to your account, they will be able to see your information, including
in some cases personal information, such as your watch history, ratings, reviews
and account information (including your email address or other information in
Your Account). This remains true even if you use our profiles feature; see the
Profiles section of this policy for more information.
Aggregate or anonymous information: We may provide analysis of and
information from or about our users in the aggregate or otherwise in anonymous
form to partners, Service Providers and other third parties.
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Social Sharing
Social Features: Our social features offer the opportunity to share information,
such as what you watch on Netflix and what you recommend. This information
may 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 or
more social networks to your Netflix account. Your connection of your Netflix
account to a social Networking service and your use of our social features is
subject to our Social Terms (https://www.netflix.com/socialterms) as well as this
Privacy Policy. Please review the Social Terms for details regarding our social
features, such as the information we collect, use and disclose and how to
disconnect or otherwise exercise your choices regarding your use of these
features.
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 to
their terms of use and privacy policies. Netflix does not control how these social
networks operate these plugins. You should read their terms of use and privacy
policies before you use them.
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Profiles
Profiles allow different members of your household to have a distinct, personalized
Netflix experience, built around the movies and TV shows they enjoy, such as
personalized recommendations and separate watch histories. For more information
regarding profiles, see
(https://help.netflix.com/article/en/node/10421?ba=GSButtonClick&q=profiles). Please
note that profiles are freely available to everyone who uses your Netflix account, so that
anyone with access to your Netflix account can navigate to and use, edit or delete any
profile. You should explain this to others with access to your account, and if you do not
wish 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 connect
different Facebook accounts to separate profiles. See our Social Terms
(https://www.netflix.com/socialterms) for more information.
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Cookies and Internet Advertising
Visit About Cookies and Internet Advertising (https://www.netflix.com/cookies) for
information about our use of cookies, other tracking technologies, and Internet
advertising.
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Your Choices
If you no longer want to receive certain communications from us via email, simply access
the "Email preferences" (https://www.netflix.com/EmailPreferences) link on the "Your
Account" page of our website (https://www.netflix.com/YourAccount) and uncheck those
items to unsubscribe, or click the "unsubscribe" link in the email. Please note that you
cannot unsubscribe from certain correspondence from us, such as messages relating to
your account transactions.
You can opt in to receive push notifications from Netflix. If you subsequently decide you
no longer wish to receive these notifications, you can use your mobile devices settings
functionality to turn them off.
To exercise choices regarding cookies set through our website, as well as other types of
online 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 media
account as well as our social features, please see our Social Terms
(https://www.netflix.com/socialterms).
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Right to Access Your Information
We give you access and the ability to update a broad range of information about your
account, 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 rights
regarding your personal information, please contact us at privacy@netflix.com.
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Security
Netflix uses reasonable administrative, technical, physical and managerial measures to
safeguard your personal information against loss, theft and unauthorized access, use and
modification. For example, we may utilize Secure Sockets Layering, an industry-standard
protocol for certain of your transmissions to us, in order to encrypt certain personal
information that you send to us through the registration and sign up process.
Unfortunately, no security system can be guaranteed to be 100% secure. Accordingly, we
cannot guarantee the security of your information and cannot assume liability for
improper access to it. By using our service, including our website and user interfaces, or
providing information to us through any means, you agree that we can communicate with
you electronically regarding security, privacy, and administrative issues relating to your
use of the Netflix service.
In order to provide you with ease of access to your account and to help administer the
Netflix service, we implement technology that enables us to recognize you as the account
holder and provide you with direct access to your account without requiring you to retype
any password or other user identification when you revisit the Netflix service. You can
choose 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 to
your 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 option
is not available on all devices). You are responsible for maintaining the confidentiality of
your account access information and for restricting access to your computer or device
through which you access your Netflix account. Where possible, users of public or shared
devices should log out at the completion of each visit. If you sell or return a computer or
Netflix ready device, you should log-out and deactivate the device before doing so. If you
do not maintain the security of your password or device, or fail to log out or deactivate
your device, subsequent users may be able to access your account, including your
personal information.
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Other Websites, Platforms and Applications
The Netflix service may be provided through platforms or contain links to sites operated
by third parties whose policies regarding the handling of information may differ from
ours. For example, you may be able to access the Netflix service through platforms such
as gaming systems, smart TVs, mobile devices, set top boxes and a number of other
Internet connected devices. These websites and platforms have separate and independent
privacy statements, notices and terms of use, which we recommend you read carefully. In
addition, you may encounter third party applications that interact with the Netflix service.
Netflix is not responsible for the information handling practices of these other websites
and platforms. To learn more, see our Terms of Use (www.netflix.com/termsofuse).
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Children
You must be 18 years of age or older to subscribe to the Netflix service. In certain
jurisdictions, the age of majority may be older than 18, in which case, you must satisfy
that age in order to become a member. While individuals under the age of 18 may utilize
the service, they may do so only with the involvement, supervision, and approval of a
parent 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 or
the About Cookies and Internet Advertising notice. Such revisions shall take effect
immediately, although will only apply to existing members 30 days after posting (unless
otherwise stated). We will endeavor to post prior versions (including marked changes) of
the Privacy Policy, if any, for the preceding 12-month period. You can see these prior
versions of the Privacy Policy by visiting our website
(www.netflix.com/privacypolicychanges).
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Transfer of Information
Given that the Internet is a global environment, using the Internet to collect and process
information necessarily involves the transmission of data on an international basis.
Therefore, by using Netflix, you acknowledge and agree to the transfer of your
information outside your country of residence to any country (including the United
States) where we have facilities or engage Service Providers. You understand that the
countries to which we may transfer information may not have as comprehensive a level
of data protection as in your country, although your personal information will continue to
be protected in accordance with the standards described in this policy.
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Contacting Us
For 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 our
Customer Service for assistance. For questions specifically concerning this Privacy
Policy, or our use of your personal information, cookies or similar technologies, please
contact us via email at privacy@netflix.com. Alternatively, you can write to us at the
following address:
Netflix, Inc., 100 Winchester Circle, Los Gatos, CA 95032, U.S.A. Attention: General
Counsel.
Individuals who reside in Brazil are being provided the service by Netflix Entretenimento
Brasil, Ltda. Av. Bernardino de Campos, 98 - 4 andar - sala 36, Paraiso, Cep 04004-040
SP Brasil. Otherwise, Netflix, Inc. (address above) is providing the service to you and is
the data controller (where applicable).
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Last updated: September 15, 2014