Podchaser Privacy Policy
Privacy Policy – Effective as of December 22th, 2022
Thank you for visiting the Podchaser website at https://www.podchaser.com/ and related subdomains (the “Website”) and/or using any of Podchaser tools (including Podchaser Pro and Podchaser API), platforms, products and/or services (together, the “Podchaser Services”).
For the purposes of European, UK and Swiss data protection laws, including the General Data Protection Regulation 2016/69 (“GDPR”), Podchaser, Inc., a subsidiary of Acast Stories, Inc., (“Podchaser””, “us”, “we” or “our”) is the data controller responsible for collecting and processing your personal information pursuant to this Privacy Policy (the “Policy”).
Through this Policy we aim to describe what type of personal information Podchaser collects and processes, how we collect your personal information and crucially, why we collect it. The information contained in this Policy is directed to users of the Podchaser Services ("you" or "your").
It is important for you to understand that by using the Podchaser Services, you accept the practices described in this Policy. Consequently, if you do not agree to the terms of this Policy, we ask you to not use the Podchaser Services.
1. Personal Information We Collect
To provide, maintain and improve the Podchaser Services and your online experience, we collect some information that is personal to you. This information is obtained from various sources as described below.
Personal Information You Provide to Us
When you sign-up to use the Podchaser Services and create an account, we ask you to provide your email address, a password for your account and other information necessary to create and maintain your account. You can choose not to provide certain information, but in that case you might not be able to take advantage of certain features of the Podchaser Services.
Categories of personal information - We may obtain from you the following categories of personal information:
Purposes of the processing - We collect this information in order to:
Legal basis - Generally, the processing of your personal information is necessary for the performance of our contract with you. In some cases, the processing of your personal information is based on our legitimate interest, for example if we want to evaluate, test and develop new Podchaser products and/or features, or where we are pursuing a legitimate business purpose. When balancing interests, we have concluded that the processing of your personal information will have minimal impact to your privacy and that it is necessary to continue to provide you with the Podchaser Services.
Automatic Data Collection
We automatically collect and store certain information about your use of the Podchaser Services, including information about your interaction with content, products and features available through the Podchaser Services. This information is generally collected via cookies, web beacons (also known as pixels or pixel tags) or other similar technologies on our Website or the Podchaser Services which collect certain information when your web browser or device accesses the Podchaser Services. For more information about cookies, including which cookies we use and how to opt-out or manage your cookie settings, see Section 5 below “ Information About Cookies”.
Categories of personal information - We may automatically collect the following categories of personal information when you visit our Website and use the Podchaser Services:
Purposes of the processing - We collect this information in order to:
Legal basis - The processing of your personal information is based on our legitimate interest. When balancing interests, we have concluded that the processing will have minimal impact to your privacy and that it is necessary to continue to provide you with the Podchaser Services. If your personal information is collected via cookie or other similar technologies, the processing of your personal information is based on your consent. For more information on how to opt-out or manage your cookie settings, please see Section 5 “Information About Cookies” below.
Personal Information Obtained from Other Sources
We may obtain information about you from public sources, such as your public RSS feed or website if you are a podcaster, or from third-party service providers that provide us with your professional contact information if you are a brand or a podcaster.
Categories of personal information - We may obtain from other sources the following categories of personal information:
Purposes of the processing - We collect this information in order to:
Legal basis - The processing of your personal information is based on our legitimate interest. When balancing interests, we have concluded that the processing will have minimal impact to your privacy and that it is necessary to continue to provide you with the Podchaser Services.
User Content and Public Posting Information
When using the Podchaser Services, you may choose to post or upload personal information about yourself or other individuals such as names, videos, photos, or other podcast-related content such as reviews, ratings, and comments relating to you or an identified or identifiable individual (“User Content”) to publicly available pages of the Podchaser Services. It is important for you to understand that User Content you post or upload in the Podchaser Services will be public information and can be seen by anyone. By posting or uploading User Content information in the Podchaser Services, you hereby acknowledge and agree that you are a data controller with respect to such information and undertake to comply with your GDPR obligations as a data controller. Further, you hereby warrant and represent that you are authorized to upload the User Content in the Podchaser Services.
You acknowledge and agree that anyone may be able to see, access, download or share your User Content to other channels such as Facebook, Twitter, Reddit, as well as via email. For this reason, we recommend that you guard your privacy and anonymity and not post or upload any User Content that you are not comfortable being publicly available. If you are a signed-in Podchaser user, you may choose your privacy settings here
2. Sharing Your Personal Information
Podchaser may share your personal information in the following circumstances:
Service providers - We may or share or disclose your personal information with our third-party service providers that perform certain services on our behalf. Such service providers are only allowed to use your personal information in accordance with our instructions and pursuant to a written contract. They are also required to keep your personal information safe. For example, we share your personal data with the following service providers:
Customers - We may share or disclose your personal information with our customers using the Podchaser Services, including Podchaser API. Please note that this information is limited to professional contact information (name, email address, phone number) and social media handles if you are a brand or a podcaster and/or a representative of a brand or a podcaster. We share this information with our customers pursuant to a written agreement. Such customers are also required to use your information in compliance with applicable privacy laws and to keep your personal information safe. For example, we share your personal data with the following customers:
Other Acast group companies - We may also share your personal information with other companies within the Acast group (including our subsidiaries) in order to carry out our daily business operations and provide you with the Podchaser Services described in this Policy.
Information you publicly disclose - Any User Content information you upload or publish to publicly or semi-publicly available pages of the Podchaser Services may be read, collected, and used by others who access such pages. Such information can also be seen, accessed, shared, or downloaded through third party services such as search engines, APIs, apps, websites, and other services.
Business transfers - If we sell all or part of our business, or make a sale or transfer of assets, or are otherwise involved in a merger or business transfer, or in the event of bankruptcy, we may transfer your personal information to one or more third parties as part of that transaction.
As required by law and similar disclosures - We will share your personal information with a third-party if we are required to do so by law or if we in good faith believe that such action is necessary to comply with a legal obligation under applicable law or a valid legal process. We will also share your personal information where it is necessary for our legitimate interests or those of a third-party and your interests and fundamental rights do not override those interests. Such legitimate interests may include protecting and defending our rights, or protecting the safety of any person
3. International Data Transfers
Please note that your personal information will be transferred to the United States. We may also transfer your data from the United States to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Podchaser Services. When we do so, we shall ensure that relevant safeguards are in place to afford adequate protection for your personal information.
4. Data Security and Retention
Data Security
We are committed to protecting your personal information and have implemented reasonable security measures designed to protect the information we collect or receive from you. We regularly perform security tests and procedures to help protect your personal information from unauthorized access, use or disclosure. If you have any questions about security in the Podchaser Services, you can contact us as set out in the “How to Contact Us” section below.
Data Retention
The period during which we store your personal information varies depending on the purpose for the processing. For example, we store personal information needed to provide you with the Podchaser Services, or to facilitate transactions you have requested, for so long as you are a user of Podchaser. We store your personal information for marketing purposes until you have opted-out of receiving further direct marketing communications in accordance with applicable law. In all other cases, we store your personal information for as long as is needed to fulfill the purposes outlined in this Policy or if required to do so for backups, archiving, prevention of fraud and abuse, compliance with law and regulatory obligations, or when we otherwise believe we have a legitimate reason to do so. If we determine that your personal information is no longer needed for any reason whatsoever, we will take all necessary steps to either anonymize (where permitted by applicable law), delete or destroy your information.
5. Information About Cookies
Cookies are text files containing small amounts of information which are
downloaded onto your device (such as your computer, mobile phone, tablet
or other similar device) when you visit a website and use its functions,
or use an app.
We use cookies and similar technologies to collect information about your
browsing activities and to distinguish you from other users of our Website.
This helps us improve your experience when you browse our Website and
allows us to understand and improve the functionality of the Podchaser
Services. The type of cookies or similar technologies that may be used
on our Website can be categorized as follows: Strictly Necessary,
Performance, Functionality, and Advertising.
Strictly Necessary Cookies - These cookies are necessary for the Podchaser Services and/or Website to function and cannot be switched off in our systems. They are usually set as a response to an action made by you, such as logging-in or managing your privacy settings. Without them you wouldn’t be able to use the basic features of the Podchaser Services and/or Website. You can set your browser to block or alert you about these cookies, but some parts of the Podchaser Services and/or Website will then not work.
Performance Cookies - These cookies are used to count visits and traffic sources so we can measure and improve the performance of the Podchaser Services and/or Website and, more generally, improve your user experience. They help us understand which pages are the most and least popular and analyze how visitors use the Podchaser Services and/or Website. Examples of performance cookies that our Website uses include Google Analytics cookies. To see how you can opt-out of Google Analytics cookies, visit: Google Analytics Opt Out Link.
Functionality Cookies - These cookies are used to enhance the performance and functionality of the Podchaser Services and/or Website, but are non-essential to their use. For example, they allow to remember certain choices you make such as your login details, language or t he region you are in, and to facilitate interaction with our customer support Messenger, if any. If you do not allow these cookies, certain features of the Podchaser Services and/or Website may not function properly.
Advertising Cookies - These cookies are usually set by our advertising partners and are used to collect information about your activity on the Website and/or Podchaser Services and other online services in order to display advertisements that are more relevant to you and your interests. Advertising cookies are also used to limit the number of times you see an ad online, and to measure the performance and effectiveness of ads that you see or interact with. Without these cookies, online advertisements you encounter will be less relevant to you and your interests.
Managing Your Cookie Preferences
Most web browsers allow you to manage your cookie settings. You can set your browser to block or disable cookies. Different browsers make different controls available to you. If you want to allow, block or customize your cookie settings in your browser, please visit one of the following links:
If you want to learn more about cookies and similar technologies, which cookies have been set in your web browser and how to manage your cookie settings, visit https://www.allaboutcookies.org/.
6. Managing Your Information
If you are a signed-in Podchaser user, we offer you a number of ways to manage the personal information you provide to us or we collect via automated means on the Podchaser Services:
Modify your account information - We provide you with the ability to modify your account information which you may do through the “My Profile” section of your account or by contacting us as set out in the “How to Contact Us” section below.
Modify your e-marketing preferences - If you wish to unsubscribe from marketing emails, you may follow the unsubscribe instructions contained in the promotional, marketing, or other similar emails you receive. You may also modify your e-marketing preferences here. However, we may still send you administrative emails when it is necessary to do so. For instance, if the Podchaser Services are temporarily suspended for maintenance, we may send you an email. Generally, you may not opt-out of these administrative communications, which are not promotional in nature.
Cancel accounts - If you would like to request the cancellation or deactivation of your account, please contact us as set out in the “How to Contact Us” section below for assistance. Cancellation or deactivation of your account does not ensure complete or comprehensive removal of the User Content you may have posted or otherwise made publicly available in the Podchaser Services while you were a registered user.
Published User Content or pages - We provide you with the ability to unpublish or modify User Content or pages.
7. Your Data Privacy Rights
Rights in the EEA, UK or Switzerland
If you are located in the EEA, Switzerland or the UK, you have several rights
over your personal data as described below. If you wish to exercise any of the
rights mentioned below, please contact us as set out in the “
How to Contact Us” section below.
In the event you submit, or your authorized agent submits on your behalf, a
request to exercise any of your data privacy rights, you (and your authorized
agent) hereby acknowledges and agrees, under penalty of perjury, that you are
(or the authorized agent of) the consumer whose personal information is the
subject of the request. We will respond to any data requests within the
timeframes required by law, and we may charge a fee to facilitate your
request where permitted by law.
Right of access - You have the right, upon request, to be informed of the personal data we collect about you, a copy of which will be provided free of charge. However, we may charge a reasonable fee to comply with requests for further copies of the same information or when a request is manifestly unfounded or excessive, particularly if it is repetitive.
Right to rectification - You have the right to request that we amend or update your personal data where you have identified that it is inaccurate or incomplete. If you are a signed-in Podchaser user, you may exercise this right as set out in the “ Managing Your Information” section above.
Right to erasure - In some cases, you have the right to request that we delete your personal data. For example, you can request us to delete personal data that we (i) no longer need for the purpose it was collected for, or (ii) process based on your consent and you withdraw your consent. There are situations where Podchaser is unable to delete your data, for example when the data is still necessary to process for the purpose for which it was collected, Podchaser’s interest to continue to process the data overrides your interest in having it deleted, or because we have a legal obligation to keep the data. If you wish to cancel or deactivate your Podchaser account(s), you may exercise this right as set out in the “Managing Your Information” section above.
Right to restrict processing - If you believe that your personal data is inaccurate, that our processing is unlawful, that we no longer need your information for a specific purpose, or if you object to the processing of your personal data pursuant to “ Right to object to processing” section below, you have the right to request that we temporarily or permanently restrict the processing of some or all of your personal data.
Right to data portability - When we are processing your personal data on the legal basis of consent or performance of contract, you have the right to request a copy of your personal data in an electronically retrievable form and the right to use that data in other services.
Right to object to processing - You have a right to object to the processing of your personal data on grounds relating to your particular situation when the processing is based on the legal basis of legitimate interest. You also have the right to object to the processing of your personal data when we are using it for direct marketing purposes.
Right to withdraw consent - When we process your personal data based on your consent, you have the right to withdraw your consent at any time. The withdrawal of consent shall however not affect the lawfulness of processing based on your consent before its withdrawal.
Right to lodge a complaint with the Data Supervisory Authority - If you have any concerns or complaints about Podchaser’s processing of your personal data, you may lodge a complaint with the relevant data supervisory authority in your jurisdiction.
California Privacy Rights
If you are a resident in the State of California, under the California Consumer Privacy Act of 2018 (“CCPA”) you have the following rights:
Right of Access in a Portable Format - You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable request for such information, we will disclose to you:
The information may be delivered by mail or electronically, and if provided electronically, the information will be delivered in a portable and, to the extent technically feasible, in a readily usable format that allows you to transmit the information to another entity.
You may exercise this right as set out in the “How to Contact Us” section below.
Deletion Request Rights - In certain circumstances, You have the right to request that we delete any of your personal information that we requested from you and retained. If you wish to cancel or deactivate your Podchaser account(s), you may exercise this right as set out in the “Managing Your Information” section above.
Sale of Personal Information - We do not sell your personal information. If we transfer your personal information to another business or third-party in a way that the CCPA would treat as a “sale”, we will make sure that we have implemented appropriate mechanisms to give you the right to opt-out of the sale of your personal information (such as providing a clear, and conspicuous “Do Not Sell My Personal Information” link on our website).
Nevada Privacy Rights
Pursuant to Nevada law, a Nevada consumer (as the term is defined therein), may, at any time, submit a verified request through a designated request address to a business directing the business not to sell certain types of personal information that the business collects about the consumer. Nevada consumers may make a request pursuant to their rights by contacting us at contact@podchaser.com. For clarity purposes, we do not sell or exchange your personal information for monetary consideration to a third party for the third party to license or sell the information to additional persons or parties.
8. Children’s Privacy
The Podchaser Services are not intended for children under the age of 13 and Podchaser does not knowingly collect any information from children under 13 years old. If the parent or guardian of a child under 13 believes that the child has provided us with any information, the parent or guardian of that child should contact us at contact@podchaser.com. if they want this information deleted from our servers. If you are between the ages of 13 and 18, you may only use the Podchaser Services under the direct guidance and supervision of a parent or guardian whom has accepted this Policy on your behalf.
9. Persons with Disabilities
Podchaser strives to ensure that every person has access to information related to the Podchaser Services, including this Policy. Please contact us at contact@podchaser.com if you would like this Policy provided in an alternative format and we will seek to meet your needs.
10. Links to Third-Party Websites and Services
The Podchaser Services may contain links to other third-party websites or services that are not owned or controlled by us ("Third-Party Service"). If you click on a third-party link and submit your personal data, such personal data will be handled pursuant to the privacy policies and terms of use of that Third-Party Service provider. We have no control over, and assume no liability or obligation whatsoever in relation to the content, activities, privacy or security of any Third-Party Service. We encourage you to review the terms and privacy policy of each Third-Party Service that you use. By using a Third-Party Service available in the Podchaser Services, you agree that your personal data will be handled in accordance with the Third-Party Service provider's privacy policy including, where applicable, the Google Privacy Policy (available here).
Please note that Podchaser uses the Youtube API Services and that by using such services, the Podchaser Services may contain links to the YouTube website or services. By clicking on such third-party link, you agree to the above.
11. Changes to This Policy
We reserve the right to modify or amend the terms of this Policy at any time. When we make material changes to this Policy, we’ll notify you via a message on our Website or the Podchaser Services. Any changes to this Policy will become effective as of the date that appears at the very beginning of this Policy in the section “Effective as of”. Your continued use of the Podchaser Services following the posting of changes will be deemed an acceptance of those changes.
12. How to Contact Us
If you want to request information about our Policy or exercise any of your data protection rights as expressed above, you can contact us at contact@podchaser.com.
Podchaser, Inc.
2326 SW 122nd St
Oklahoma City, OK 73170
United States