Last Updated: December 16, 2022
Privacy regulation around the world is dynamic. Podbean may update these requirements to stay current with changes in privacy laws and industry best practices.
Podcasters, advertisers and other Podbean partners (collectively, “Partners”) must post end user-facing privacy notices in a clear and conspicuous manner, including by linking from their homepages and from any location where personal data is collected or used.
Such privacy notices must adhere to applicable laws, as well as applicable industry self-regulatory requirements and industry best practicesn and must include User Notice. “User Notice” means (i) a description of the collection and use of data from and about users for advertising purposes by third parties; and (ii) access to an opt in or opt out choice with respect to such data collection for the uses contemplated herein, including with respect to cookies and similar technologies as is required by law or otherwise in accordance with industry self-regulatory principles. Partner will ensure that all User Notices accurately describe data collection and use and, at a minimum, include the information required and meet the standards for notice to users required by applicable law and self-regulatory principles.
Where an opt in or consent is required prior to setting cookies or collecting data, Partners are solely responsible for obtaining such opt in or consent prior to any data collection or use of the Podbean services.
Without limiting Partner’s obligations under applicable law, Partner shall not provide to Podbean or cause Podbean to process: (a) any information regarding an individual user’s specific health condition or any information or inference regarding health that would be considered sensitive under self-regulatory principles; (b) any information associated with a persistent identifier that is (i) from or about individuals Partner knows or should know is directed to children (children being individuals less than the greater of 13 years of age or the age defined by law in any applicable jurisdiction), or (ii) any information from sources that Partner knows or should know are directed to children; or (c) any other information that would be considered sensitive, special, or similar under applicable local law or local self-regulatory principles. Sensitive or special category data includes data defined under Article 9 of the GDPR, Section 1798.140 of the CCPA (as amended by the CPRA), or any equivalent term under applicable law.
Partner will at its own expense promptly give such co-operation as Podbean may reasonably request from time to time in relation to Podbean's and Partners' compliance with applicable data protection and privacy laws. Partner will promptly notify Podbean in writing of any actual or suspected subject access request or regulatory investigation/enquiry in relation to data provided to Podbean and where legally permissible will allow Podbean such opportunity as is reasonable in all the circumstances to comment on any proposed action in response before such action is taken. Partner acknowledges that data may be processed in jurisdictions other than the jurisdiction in which it was collected, including in the United States, and will ensure that all such transfers are compliant with applicable privacy laws. If any applicable privacy law requires that additional measures be taken to permit the transfer of data to Podbean, Partner will ensure that all such additional measures have been taken, including by executing any necessary data transfer agreements (e.g., standard contractual clauses) or alternative solutions to ensure that appropriate safeguards are in place for such transfer.
If there is any conflict between these privacy requirements and Partner’s agreement with Podbean, the more stringent requirements shall govern.
