The Partner Program notably allows an optimized exploitation of the audiovisual content uploaded by partners through the features available on the Dailymotion Service.
The Enterprise Solution Agreement allows subscription to an ad-free Dailymotion Player solution.
You will find here information on the Processing of personal data that may take place when using the Dailymotion Service as a member of the Dailymotion Partner Program or a subscriber of the Enterprise Solution (hereinafter respectively “Partner” or “You“). The use of the tools that are made available to You by Dailymotion may lead to different processing of personal data.
This page contains:
- a presentation of the cookies exempted from consent set by the Dailymotion Video Player, under both the Partner Program and Enterprise Solution Agreements;
- a description of the different types of processing of personal data that may take place in the context of your use of the Dailymotion Service and the Partner Program.
NB: for the good understanding of this page, you will find at its end some definitions of the main capitalized terms used below.
I. Dailymotion’s exempted cookies set by the Video Player
The so-called “exempted” cookies are cookies strictly necessary for the functioning of the Dailymotion Video Player set on the device of a Visitor when he/she uses the Video Player. As such, these cookies are not subject to the consent of the Visitors, unlike the “non-exempted” cookies which depend on obtaining this consent. The list of exempted cookies set by the Dailymotion Video Player is available in our Cookie Policy.
Note that other cookies may be present on the Video Player available to Partners if the applicable consent has been obtained from the Visitors (non-exempted cookies).
II. Personal Data Processing Operations under the Enterprise Solution Agreement
| Feature | Processing Operation | Data Subjects | Dailymotion’s Role | Your Role | |
| 1 | Feature #1 : Uploading your Content on the Dailymotion Service | Hosting and provision of Personal Data integrated within your Content | Individuals whose Personal Data is integrated within your Content | Data Processor | Data Controller |
| 2 | Feature #2: Integration of the Video Player within your Properties | Personal Data collection via cookies (limited to consent-exempted cookies only) | Visitors | Data Controller | No participation in the processing |
| 3 | Feature #5: Processing of Personal Data of each Party’s members of staff | Collection and use of the Personal Data of each Party’s members of staff | Members of Staff of each Party | Independent Data Controller | Independent Data Controller |
Feature #1 : Uploading your Content on the Dailymotion Service
- Context
The Content that you choose to upload on the Dailymotion Service can contain Personal Data (e.g. images, voices, etc.). The Processing #1 is related to the upload of your Content on the Dailymotion Service, as soon as this Content contain Personal Data. Such Processing can be initiated by any User of the Dailymotion Service, whether it is a Partner or not.
The conditions applicable to this Processing #1 are provided in the Annex A relating to the Protection of Personal Data (“DPA”), attached to the Terms of Use of the Dailymotion Service, accessible through the following link: https://www.dailymotion.com/legal/terms.
- Roles of the Parties
You are the Controller of the Third Party Personal Data that may be incorporated into your Content. Indeed, you retain full control over such Third Party Personal Data present in the Content, including with respect to the management of your Content availability on the Dailymotion Service, when you use the content management tools made available to you by Dailymotion. By uploading your Content on our Service, you (acting as a Controller) instruct Dailymotion (acting as a Processor) to process Third Party Personal Data by hosting the Content and by executing the Content management settings you have chosen.
Feature #2: Integration of the Video Player within your Properties
- Context
When the Video Player is used on your Properties to display Content some cookies, set by our Video Player, collect Personal Data belonging to Visitors.
- Roles of the Parties
If you integrate the Video Player on one or more of your Properties, the Processing of Personal Data related to its use is undertaken by Dailymotion in its capacity as Data Controller. Dailymotion alone determines the Personal Data collected by the Video Player as well as the purposes and means of such Processing, i.e. the objective and the way to achieve it. You do not determine the purposes nor the means of this Processing and you do not have access to the Personal Data collected by Dailymotion. Note that when Dailymotion Player available under the Enterprise Solution Agreement does not deliver advertising only cookies essential for the proper operation of the Player are used. As such these cookies are exempted from consent.
As the Controller of the Processing, Dailymotion is responsible for the compliance of the said Processing with the law applicable to the protection of Personal Data and for informing and collecting the consent of the Data Subjects, i.e. the Visitors (unless another legal basis justifies the Processing).
In this respect, Dailymotion provides Visitors with the required information through its Privacy and Cookie Policies available from within the settings of the Dailymotion Player integrated directly into our Player when the latter is exported to your Properties. To the extent required to enable your compliance with applicable laws, you are authorized to integrate any information on the cookies used by our Player and the data they collect within your sites’ policies.
We remind you that pursuant to the Enterprise Solution Agreement it is prohibited to integrate trackers or any other tracking solutions (so-called called ” cookies “) within your Content available via our Video Player embedded on your digital properties.
Feature #5: Processing of Personal Data of each Party’s members of staff
- Context
In the scope of the Enterprise Solution, each Party may process Personal Data of the other Party’s members of staff.
- Roles of the Parties
Any Processing of Personal Data related to the execution and management of the Enterprise Solution Agreement is undertaken by the Partner and by Dailymotion in their capacity as independent Data Controllers.
Each Party shall ensure the compliance of the Processing for which it is an independent Controller with the law applicable to the protection of Personal Data, notably regarding the information. In practice, each Party must inform its employees of the existence of the said Processing undertaken by the other Party, the fact that such Processing may result in a transfer of Personal Data outside the EU, and have all the necessary authorizations to allow the other Party to carry out such Processing. Dailymotion relies on legitimate interest for the above described Processing.
III. Personal Data Proessing Operations under the Partner Program
Different Personal Data Processing can be implemented in the context of your use of the Dailymotion Service, and in particular of the Partner Program. These Processing operations depend on the features you actually use on the Service and/or within the Partner Program.
You will find below a presentation of all these Processing Operations, but please note that the Processing of Visitors’ personal data undertaken by Dailymotion and/or its partners and affiliates are not listed here. These are described in our Privacy Policy, which can be accessed at the following link: https://www.dailymotion.com/legal/privacy.
- Summary table of Personal Data Processing Operations
During your use of the Dailymotion Service and/or the Partner Program, the following Personal Data Processing Operations may take place:
| Feature | Processing Operation | Data Subjects | Dailymotion’s Role | Your Role | |
| 1 | Feature #1 : Uploading your Content on the Dailymotion Service | Hosting and provision of Personal Data integrated within your Content | Individuals whose Personal Data is integrated within your Content | Data Processor | Data Controller |
| 2 | Feature #2: Integration of the Video Player within your Properties | Personal Data collection via cookies | Visitors | Data Controller | No participation in the processing |
| 3 | Feature #3: Dailymotion monetization of the videos available through the Video Player on your Properties | Personal data collection via cookies and transfer of such Personal Data through the Ad Call | Visitors | Data Controller | No participation in the processing |
| 4 | Feature #4: Monetization by you of the videos available via the Video Player on your Properties (if applicable according to the terms of your contract) | Personal data collection via cookies and transfer of such Personal Data through the Ad Call | Visitors | Independent Data Controller | Independent Data Controller |
| 5 | Feature #5: Processing of Personal Data of each Party’s members of staff | Collection and use of the Personal Data of each Party’s members of staff | Members of Staff of each Party | Independent Data Controller | Independent Data Controller |
Feature #1 : Uploading your Content on the Dailymotion Service
- Context
The Content that you choose to upload on the Dailymotion Service can contain Personal Data (e.g. images, voices, etc.). The Processing #1 is related to the upload of your Content on the Dailymotion Service, as soon as this Content contain Personal Data. Such Processing can be initiated by any User of the Dailymotion Service, whether it is a Partner or not.
The conditions applicable to this Processing #1 are provided in the Annex A relating to the Protection of Personal Data (“DPA”), attached to the Terms of Use of the Dailymotion Service, accessible through the following link: https://www.dailymotion.com/legal/terms.
- Roles of the Parties
You are the Controller of the Third Party Personal Data that may be incorporated into your Content. Indeed, you retain full control over such Third Party Personal Data present in the Content, including with respect to the management of your Content availability on the Dailymotion Service, when you use the content management tools made available to you by Dailymotion. By uploading your Content on our Service, you (acting as a Controller) instruct Dailymotion (acting as a Processor) to process Third Party Personal Data by hosting the Content and by executing the Content management settings you have chosen.
Feature #2: Integration of the Video Player within your Properties
- Context
When the Video Player is used on your Properties to display Content and/or Third Party Videos, some cookies, set by our Video Player, collect Personal Data belonging to Visitors.
- Roles of the Parties
If you integrate the Video Player on one or more of your Properties, the Processing of Personal Data related to its use is undertaken by Dailymotion in its capacity as Data Controller. Dailymotion alone determines the Personal Data collected by the Video Player as well as the purposes and means of such Processing, i.e. the objective and the way to achieve it. You do not determine the purposes nor the means of this Processing and you do not have access to the Personal Data collected by Dailymotion.
As the Controller of the Processing, Dailymotion is responsible for the compliance of the said Processing with the law applicable to the protection of Personal Data and for informing and collecting the consent of the Data Subjects, i.e. the Visitors (unless another legal basis justifies the Processing).
In this respect, Dailymotion informs the Visitors and collects their consent through a “cookie banner” integrated directly into the Video Player when the latter is exported to your Properties. However, in order to avoid the experience of a double collection of consent on the sites on which the Video Player is exported (by Dailymotion and by the publisher of the site), Dailymotion has developed an in-house solution called “Infopack”, the implementation and operation of which are described below.
In any case, whatever the method of collection of the consent used, we remind you that you commit, within the framework of the PPA, not to integrate trackers or any other tracking device called ” cookies ” integrated within your Content available via the Video Player.
| Dailymotion ” Infopack” Solution When the CMP (Consent Management Platform) used by the publisher of a site is certified with the IAB under the Transparency Consent Framework (“TCF“), it has the capacity to inform the Visitors and to collect their consent, not only for the publisher of the site but also in the name and on behalf of any other entity registered with the IAB as a “Vendor“. In this context, the “Infopack” solution allows partners to transmit to Dailymotion a signal containing the values of the consent thus collected from the Data Subjects in a format that is in conformity with the IAB TCF. Conditions required for the use of the Infopack solution: * use and maintain a TCF-compliant CMP, and * add Dailymotion to the list of IAB Vendors for which the partner collects consent (Dailymotion’s IAB Vendor ID is #573), and * transmit to Dailymotion the consent signal, as collected as is by the Partner’s CMP, both for Dailymotion and for all other IAB Vendors for which the Partner’s CMP also collects consent, and * retain evidence of the collection of such consents. The Infopack can be disabled at any time. In this case, the standard cookie banner will be reintegrated into the Video Player. |
Feature #3: Dailymotion monetization of the videos available through the Video Player on your Properties
- Context
The Partner Program allows Dailymotion to sell advertising spaces against the videos available via the Video Player integrated on one or more of your Properties, if applicable. Personal Data about Visitors may be collected through cookies or other similar tools as part of this sale.
- Roles of the Parties
It is understood that any Processing of Personal Data related to such sale is undertaken by Dailymotion in its capacity as Controller. Dailymotion alone determines the Personal Data collected by the Video Player as well as the purposes and the means of the said Processing, i.e. the objective and the way to achieve it. It is also understood that as a Partner, you do not determine the purposes or the means of this Processing and do not have access to the Personal Data collected by this mean by Dailymotion.
During the display of In-stream advertisements, advertisers (or their intermediaries) may proceed to the processing of Personal Data in their capacity as independent Data Controllers (e.g. by inserting trackers directly within the ad creatives). As Dailymotion does not participate in such processing (neither do you), the latter processing is not concerned by the provisions of this section.
In the same way as for Processing #2, Dailymotion remains responsible for the compliance of the said Processing with the law applicable to the protection of Personal Data and for informing and collecting the consent of the Data Subjects (except if another legal basis justifies the Processing).
Therefore, Dailymotion informs and collects the consent of the Data Subjects, as necessary, either through the cookie banner directly integrated within the Video Player, or through the Infopack solution set up with you if you have expressed your wish to use it, and provided that you have a TCF-compliant CMP, as described above.
Feature #4: Monetization by you of the videos available via the Video Player on your Properties (if applicable according to the terms of your contract)
- Context
In order to allow you to sell the In-stream advertising spaces located within the Video Player integrated on one or more of your Properties (provided that such right has been granted to you per your contract with us), our Video Player sends a signal of availability of advertising inventory, named “Ad Call” to the ad server of your choice.
An Ad Call contains information about the available inventory in question, some of which may be Personal Data. The exact content of the information transmitted in an Ad Call depends on whether or not consent is given by the Data Subject.
- Roles of the Parties
Since an Ad Call is likely to contain Personal Data, the initiation of this signal by the Video Player constitutes a Personal Data Processing for which Dailymotion is the independent Data Controller.
Indeed, Dailymotion alone determines the Personal Data collected by the Video Player when sending an Ad Call, as well as the purposes and the means of the said Processing, i.e. the objective and the way to achieve it. It is understood that you do not determine the purposes or the means of this Processing and do not have access to the Personal Data whose collection and Processing are implemented by us.
Consequently, the fact of receiving the Ad Call, using it and delivering the In-stream advertising thus sold by you constitutes a separate Processing for which you are the independent Data Controller. In this context, you alone determine the Personal Data thus processed as well as the purposes and means of such Processing, i.e. the objective and the way to achieve it. Consequently, Dailymotion does not determine either the purposes or the means of this Processing and does not have access to the Personal Data whose collection and processing are set up by you (e.g. by associating trackers to the ad creatives).
During the display of In-stream advertisements, advertisers (or their intermediaries) may proceed to the processing of Personal Data in their capacity as independent Data Controllers (e.g. by inserting trackers within the ad creatives). As Dailymotion does not participate in these processing operations (neither do you), the latter processing is not concerned by the provisions of this section. Where applicable, it is your responsibility to set up any system aimed at ensuring the information, collection, communication and implementation of any consent required for such processing.
Each Party shall ensure the compliance of the Processing for which it is an independent Controller with the law applicable to the protection of Personal Data, notably regarding the information and the collection of the consent of the Data Subjects (except if another legal basis justifies the Processing).
Therefore, Dailymotion informs and collects the consent of the Data Subjects, as necessary, either through the cookie banner directly integrated within the Video Player, or through the Infopack solution set up with you if you have expressed your wish to use it, and provided that you have a TCF-compliant CMP, as described above.
Feature #5: Processing of Personal Data of each Party’s members of staff
- Context
In the scope of the Partner Program, each Party may process Personal Data of the other Party’s members of staff.
- Roles of the Parties
Any Processing of Personal Data related to the execution and management of the Partner Program is undertaken by the Partner and by Dailymotion in their capacity as independent Data Controllers.
Each Party shall ensure the compliance of the Processing for which it is an independent Controller with the law applicable to the protection of Personal Data, notably regarding the information and the collection of the consent of the Data Subjects (unless another legal basis justifies the Processing). In practice, each Party must inform its employees of the existence of the said Processing undertaken by the other Party, the fact that such Processing may result in a transfer of Personal Data outside the EU, and have all the necessary authorizations to allow the other Party to carry out such Processing.
Request from Data Subjects
Any request that you are likely to receive from a Data Subject about a Processing for which Dailymotion is the Controller must be transmitted to Dailymotion as soon as possible at dpo@dailymotion.com. The email address to be communicated to the Data Subject is: feedback@dailymotion.com.
Any request received by Dailymotion from a Data Subject about a Processing for which you are a Controller will be transmitted to you as soon as possible to the address associated with your Dailymotion Account, or to the email address specifically communicated by you to Dailymotion for all requests relating to personal data, if any. Dailymotion will communicate this email address to any Data Subject having formulated such a request to Dailymotion.
| DEFINITIONS : All terms used in this article that are not defined herein are defined in our Terms of Use (including Schedule A) available here or in the Partner Program Agreement you concluded with us. In the event of a conflict between two definitions, the one provided below shall prevail: “Personal Data“: means any information relating to an identified or identifiable natural person (hereinafter referred to as “Data Subject”), directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to their physical, physiological, genetic, mental, economic, cultural or social identity. “Party” means, as the case may be, Dailymotion or you, as a current or future partner of Dailymotion, i.e., member of the Partner Program. “Properties” means the PARTNER Properties, as defined within the Partner Program if you have subscribed to it. “Data Controller”, “Data Processor” and “Specific Categories of Personal Data”: have the meaning defined in the GDPR. “Processing“: means the Personal Data Processing operations, as defined within the GDPR, involving at least Dailymotion and/or yourself, as listed under Section 3 above. “Visitor“: means any person accessing the Dailymotion Service, and in particular, anyone watching videos via the Video Player that can be exported to any third party websites. |
Last updated on: December 22, 2022