Welcome. PodPlay Technologies LLC, a Delaware limited liability company ("PodPlay," "Company," "we," "our," or "us"), understands that privacy is important to you and wants you to know that we are committed to safeguarding your Personal Information (defined below). As a result, we want to provide you with a clear picture of how the Personal Information that you provide to us is processed, managed, and protected by us, and what your choices are with respect to that information.
This Privacy Policy is global in nature and governs the Company's public-facing website (including www.PodPlay.com, all subdomains, and any related informational portals) that functions as an advertising and informational site for our products and services (the "Website"). The Website and any related online contact forms, landing pages, and email marketing campaigns that link to this Privacy Policy may be referred to collectively as the "Services" for purposes of this Privacy Policy. This Privacy Policy applies only to your interactions with the Services and to personally identifiable information from or about an individual ("Personal Information") that we may collect from you through the Services.
This Privacy Policy does not apply to PodPlay's subscription platform, customer or end-user accounts, or mobile applications, all of which are subject to separate terms and privacy notices provided in connection with those offerings. In addition, this Privacy Policy does not apply to any products, services, websites, or content that are offered by third parties ("Third Party Services"), which are governed by their respective privacy policies.
PLEASE READ CAREFULLY PRIOR TO CONTINUING TO VIEW OUR WEBSITE OR USING OUR SERVICES. BY ACCESSING THE WEBSITE AND/OR USING OUR SERVICES, YOU AFFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO ABIDE TO THIS PRIVACY POLICY. YOUR ACCESS TO AND USE OF THE SERVICES IS ALSO SUBJECT TO OUR TERMS OF SERVICE (THE "TERMS OF SERVICE") AND GENERAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ABIDE BY THIS PRIVACY POLICY, YOU MAY NOT ENTER, ACCESS, OR OTHERWISE USE OUR SERVICES. IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE, YOU REPRESENT TO US THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL TO ACCEPT THIS PRIVACY POLICY AND YOU DO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL'S BEHALF.
The type of information you provide to us depends on the nature of your interaction with the Website and our Services. You do not need to provide any information just to visit the Website.
We may ask users of our Services to provide us with certain basic information, including:
In all instances, your decision to provide us with information is voluntary, but if you choose not to provide any requested information, you may not be able to take advantage of certain features of the Website or Services, such as our contact forms, or receive responses to your inquiries.
In addition to information that you choose to submit to us, we and/or our service providers may automatically collect and/or store certain information when you visit or interact with the Website ("Usage Information"). This Usage Information may be stored and/or accessed from your personal computer, laptop, tablet, mobile phone or other device (a "Device") whenever you visit or interact with our Website. Usage Information may include:
The Services may include functionality that allows certain kinds of interactions between the Website and your account on a third-party website or application. The use of this functionality may involve the third-party site providing information to us. For example, we may provide links on the Website to facilitate sending a communication from the Website. These third parties may retain any information used or provided in any such communications or activities and these third parties' practices are not subject to our Privacy Policy. We may not control or have access to your communications through these third parties. Further, when you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices. You should read the applicable third-party privacy policies before using such third-party tools on our Website.
We may use various methods and technologies to store or collect Usage Information ("Tracking Technologies"). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies currently used on the Website or which may be used in the future, include, but are not limited to, the following (as well as future-developed tracking technology or methods that are not listed here):
We may use Tracking Technologies for a variety of purposes, including the purposes described below. Where required by applicable law (for example, in the European Economic Area, the United Kingdom, and certain U.S. states), we will obtain your consent before using non-essential Tracking Technologies and will respect your choices regarding such technologies. Depending on your location, this may include presenting you with a cookie banner or other consent management tool on the Website that allows you to accept, reject, or customize certain categories of cookies and similar technologies.
Users can opt-out of certain Google®-related tracking technology and customize the Google® Display Network ads that they receive, by visiting the Google® Ads Settings at: http://www.google.com/settings/ads. Google® also recommends installing the Google® Analytics Opt-out Browser Add-on for your web browser, which is available here: https://tools.google.com/dlpage/gaoptout.
To the greatest extent permissible under applicable law, we are not responsible for the tracking practices of third-parties in connection with the Website.
Google® is a registered trademark of Alphabet, Inc. ("Google"). Please be advised that we are not in any way affiliated with Google, nor are the Services endorsed, administered or sponsored by Google.
To learn more about how to opt out of the Google Marketing Platform's use of cookies, visit the opt-out page, here https://support.google.com/ads/answer/2662922?hl=en.
We may also use Facebook Pixels. To learn more about their use of cookies and similar technologies, you can visit https://www.facebook.com/privacy/policies/cookies/ (Facebook).
If you would like more information about behavioral advertising practices, go to the Digital Advertising Alliance's WebChoices tool at www.aboutads.info. To learn about your choices in connection with these practices on the particular device on which you are accessing this Privacy Policy, please visit http://www.networkadvertising.org/choices and http://www.aboutads.info/choices.
Additionally, please note that services such as our web hosting service and certain other third-party service providers may use cookies and process data as part of the Website's functionality. We are not responsible for the privacy practices of these third parties, and their collection and use of your data and cookies are governed by their own privacy and cookie policies. We encourage you to review those policies.
Please note that even if you exercise the opt-out choices above, you may continue to receive advertisements, for example, ads based on the particular website you are viewing (e.g., contextually based ads). Also, if your browser (like some Safari browsers) is configured to reject opt-out cookies when you opt out on the DAA or NAI websites, your opt-out may not be effective.
We may use your Personal Information collected through the Website and related Services for various purposes, including: In particular, information you submit through Website contact forms is used primarily to respond to your inquiries and to contact you in connection with your interest in licensing or learning more about the services offered by the Company, consistent with our Website Terms of Service.
We may disclose your Personal Information in the following circumstances:
(a) To Third Parties Providing Services to PodPlay. We may use third-party service providers to perform certain services on behalf of us or the Website or Services, such as: (i) creating and updating Website functionality; (ii) assisting us in Website operations; (iii) managing a database of customer, prospective customer, and visitor information; (iv) hosting the Website and improving performance of the Website; (v) designing and/or operating the Website's features; (vi) tracking the Website's activities and analytics, including marketing and market research; (vii) data enhancement (to learn more about our customers and prospective customers); (viii) providing customer support such as technical support; (ix) enabling us and/or third parties to send you special offers or perform other administrative services, such as customer service, security, technical and operational support, and email services; and (x) other services designed to assist us in operating, securing, and improving the Website and related Services.
Without limiting the foregoing, with your permission, we may share your Personal Information with those Third-Party Service Providers by whom you request to be contacted. These Third-Party Service Providers may use your Personal Information to offer you products and/or services, and for any other lawful purposes, subject to any restrictions contained herein. The information that you supply directly to any Third-Party Service Provider shall be governed by the applicable Third-Party Service Provider's privacy policy.
We may provide these vendors with access to user information to carry out the services they are performing for you or for us. Those vendors may have additional or different privacy policies and/or privacy notices. You should be sure that you read and agree to those policies and Terms.
(b) To Protect the Rights of PodPlay and Others. To the fullest extent permitted by applicable law, we may also disclose your information when required to by law or if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend the rights, safety or property of PodPlay, its affiliates, third parties or the general public; or (ii) to respond to claims that any content violates the rights of a third party. This includes exchanging information with other companies and organizations for fraud prevention, spam/malware protection, and other similar purposes. To the fullest extent permitted by applicable law, we have complete discretion in electing to make or not make such disclosures, and to contest or not contest any requests for such disclosures, all without notice to you.
(c) Disclosure to Law Enforcement. We reserve the right to release current or past personal information: (i) in the event that we believe that the Services are being or have been used to commit unlawful acts; or (ii) if the information is subpoenaed or requested pursuant to any court order or lawful request by public authorities, including to meet national security or law enforcement requirements; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena/court order, prior to disclosure of any personal information pursuant to a subpoena.
(d) In connection with a Business Transfer. We also reserve the right to disclose and transfer all information: (i) to a subsequent owner, co-owner or operator of the Website and/or our Services; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including during any due diligence process; or (iii) if we are the subject of bankruptcy proceedings; provided, however, that if we are involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Website of any change in ownership or uses of your Personal Information, as well as any choices that you may have regarding your Personal Information.
(e) To Affiliates of PodPlay. We may provide information to (i) affiliates and (ii) nonaffiliated third parties who perform services or functions for us in conjunction with our services to you, but only if we have a contractual agreement with such nonaffiliated third party which prohibits them from disclosing or using the information other than for the purposes for which it was disclosed.
(f) On the Basis of Consent. Where you provide consent, we share your information as described at the time of consent, such as when authorizing a third-party application or website to access your PodPlay account or participating in promotional activities by PodPlay or third parties.
(g) Marketing. We also may share your information, including your Personal Information, with our affiliates and other third parties, and we may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information and as described in this Privacy Policy; provided that to the extent prohibited by applicable law, we will not share your information, including Personal Information, with third parties for marketing purposes.
(h) For Internal Business Processes and Promotion. Where permissible under applicable law, we may use certain information about you, such as your email address, de-identify it, and share it with social media platforms, to generate leads, drive traffic to PodPlay, or otherwise promote our products and services.
We may aggregate, de-identify, and/or anonymize any information collected through the Website or Services such that such information is no longer linked to your personally identifiable information. We may use and share this aggregated and anonymized information (non-Personal Information) for any purpose, including without limitation, for research and marketing purposes and may also share such data with our affiliates and third parties, including advertisers, promotional partners and others.
You may choose to restrict the collection or use of your Personal Information in the following ways:
We will try to comply with your request(s) as soon as reasonably practicable.
Administrative Correspondence. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the Services, and you cannot opt-out from receiving those messages.
We retain Personal Information that you provide to us where we have an ongoing legitimate business need to do so (for example, as long as is required in order to contact you about our Services, or as needed to comply with our legal obligations, resolve disputes and enforce our agreements).
We regularly review collected data and set data retention policies in order to delete data in accordance with contractual agreements, legal obligations and applicable data protection laws.
Protecting children's privacy is important to us. For that reason, no part of our Website is targeted to attract anyone under the age of 13.
If you believe we have information regarding a child under the age of 16 that you have not authorized, you may contact us at the contact information at the end of this Privacy Policy to request that we delete it.
If you are visiting the Website from a location outside of the U.S., your connection will be through and to servers located in the U.S. Information you receive from the Website will or may be created on servers located in the U.S., and information you provide will be maintained on web servers and systems located within the U.S. The data protection laws in the United States may differ from those of the country in which you are located, and your information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Website or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information in the United States as set forth in this Privacy Policy. Where required by applicable law, we will ensure that appropriate safeguards are in place for such transfers.
We prefer to keep your Personal Information accurate and up to date. If you would like to change your contact information, please contact us as set forth above.
If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all your information from our databases and that residual data may remain on backup media or for other reasons, such as a legitimate business reason.
In addition, please note that if you implement a deletion request but later sign up for information or Services, your most recent request will control our information relationship with you.
Our Website may include links to our pages or profiles on social media platforms such as Facebook and Instagram. Clicking these links may allow the social media platform to collect information about you, including information about your visit to our Website, in accordance with their own privacy policies and terms (not this Privacy Policy). We may receive aggregated or de-identified reports from these platforms (for example, statistics about how users interact with our content), but we do not control how they collect, use, or disclose your Personal Information. We encourage you to review the applicable social media platform's privacy policy before interacting with those pages or profiles.
We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission, or electronic storage of information can be guaranteed 100% secure. As a result, we cannot guarantee or warrant the security of any information you transmit to or from our Website, and you provide us with your information at your own risk.
Under California's "Shine the Light" law, California residents may request certain information regarding PodPlay's disclosures in the prior calendar year, if any, of their Personal Information to third parties for their own direct marketing purposes. If you are a California resident, you can make such a request by contacting us at [email protected]. You must clearly state the nature of your California "Shine the Light" request and provide sufficient information for us to process your request; at a minimum, your name, email address, and California postal address. We will respond to your request within 30 days. This "Shine the Light" disclosure is separate from any broader privacy rights that may be available to you under other U.S. state privacy laws, if and to the extent those laws apply to our processing of your Personal Information.
If you are a Nevada resident, you have the right to request certain information from us regarding the collection and sale of your personal information (as defined in Nevada Revised Statutes 603A.320) during your visit to our websites or when you otherwise interact with us online. If you have sought or acquired, by purchase or lease, any goods or services for personal, family, or household purposes from the PodPlay Website, you may ask us to disclose whether we have sold (for monetary consideration) certain information about you (including your first and last name, physical address, email address, telephone number, an identifier that allows you to be contacted either physically or online, or other contact information that allows us to identify you personally).
As a Nevada resident, you may also request to opt out of us sharing such information about you. To make this inquiry, please submit a request by contacting us at [email protected]. You must include your full name, email address, and attest that you are a Nevada resident by providing a Nevada postal address in your request. Please state whether you are requesting information and/or opting out.
We will process your request within 60 days, or we will let you know if we need additional time. We may require additional information to verify your identity before we can respond.
Residents of certain U.S. states, including California, Colorado, Connecticut, Utah, Virginia, and any other state with a comprehensive consumer privacy law that applies to our processing of your Personal Information, may have additional rights with respect to their Personal Information under those laws. As of the "Last Updated" date above, PodPlay does not meet the applicability thresholds of the California Consumer Privacy Act (as amended) or similar comprehensive U.S. state consumer privacy laws, and those statutes do not currently apply to our processing of Personal Information. Accordingly, the rights described in this section do not presently apply to our processing of Personal Information and are provided for informational purposes only.
If, in the future, one or more of these laws becomes applicable to PodPlay's processing of your Personal Information, residents of the relevant states may have some or all of the following rights, subject to applicable law and certain exceptions: (i) the right to know and access the categories and specific pieces of Personal Information we collect, use, disclose, and, if applicable, sell or share; (ii) the right to request deletion of certain Personal Information; (iii) the right to request correction of inaccurate Personal Information; (iv) the right to request portability of certain Personal Information; (v) the right to opt out of the "sale" or "sharing" of Personal Information and of targeted advertising or certain profiling; (vi) the right to limit the use and disclosure of certain sensitive Personal Information; and (vii) the right to be free from unlawful discrimination for exercising any of these rights.
To exercise any such state privacy rights that may apply to you now or in the future, you (or your authorized agent, where permitted by law) may contact us at [email protected] or using the postal address listed in the "Contact Us" section of this Privacy Policy.
We may need to verify your identity (and, where applicable, the authority of your authorized agent) before fulfilling your request, which may require us to request additional Personal Information from you. We will respond to your request within the timeframe required by applicable law and will inform you if we need additional time. If we decline to act on your request, you may have the right to appeal our decision by following the instructions we provide in our response. We do not sell your Personal Information for money. However, we may share certain information with third parties (such as advertising and analytics partners) to help us market, improve, and measure our Services, which may be considered "sharing," "selling," or "targeted advertising" under some state privacy laws. Where required by applicable law, you may opt out of such activities by submitting a request using the methods described above or by enabling a recognized browser-based opt-out signal, such as Global Privacy Control, as described in the "Global Privacy Control" section below.
As of the "Last Updated" date above, PodPlay is not subject to the California Consumer Privacy Act (as amended) or other similar comprehensive U.S. state privacy laws as a covered "business" or "controller," and is therefore not legally required to recognize or honor Global Privacy Control ("GPC") or similar browser- or device-level signals. We may, in our discretion, choose to treat certain GPC or similar signals as opt-out preferences for our own advertising or analytics activities, but we are not obligated to do so and our practices may change over time. Any such choices are in addition to, and do not limit, the other choices described in this Privacy Policy.
Do Not Track ("DNT") is a web browser setting that requests that a web application disable its tracking of an individual user. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites, analytics companies, ad networks, plug in providers, and other web services you encounter while browsing to stop tracking your activity. Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer's online activities over time and across third-party websites or online services (e.g., browser do not track signals), but there is no universally-agreed upon standard for what a company should do when it detects a DNT signal. Currently, we do not monitor or take any action with respect to these signals or other mechanisms.
Because PodPlay works with global companies and technologies, we may transfer your Personal Information outside of the country in which it was originally provided. This may include transfers to third parties, such as developers, service providers or affiliated entities who are located outside the United States, Canada or the European Union or the United Kingdom, where data protection laws may not offer the same level of protection as those in the U.S., E.U. or European Economic Area. When we transfer personal data outside of these areas, we take steps to make sure that appropriate safeguards are in place to protect your Personal Information, such as by implementing standard contractual clauses or other lawful transfer mechanisms where required by applicable law.
If you have questions or concerns with respect to our Privacy Policy, you may contact us at [email protected]. We may elect to change or amend our Privacy Policy; in such event, we will post the policy changes in our Privacy Policy on the Website, place a notice on the Site, send you an email and/or otherwise indicate that the terms have changed. When we make material changes to this Privacy Policy, we will update the "Last Updated" date at the top of this Privacy Policy. Changes will be effective on the date posted. If you are concerned about how your Personal Information is used, please visit our Website often for this and other important announcements and updates.
To comment or ask questions about this Privacy Statement and our data practices, or if you need to update, change or remove your information, or appeal our refusal to honor your exercise of your rights with respect to your Personal Data, contact us at the address below:
PodPlay Technologies LLC, Attn: Privacy, [email protected]
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