Account creation information
The following terms shall be capitalized throughout this Agreement and shall be defined as follows:
The term “Authorized Users” refers to all individuals in the Subscribing Department specified in the Order Form and authorized by Subscriber to access and use the Services.
Brandcast does not sell, trade, rent, or lease Personal Data to any third parties, unless we provide Users with notice before they opt-in. Brandcast utilizes and shares Personal Data with the following data processors:
Brandcast stores all data generated from the Platform and its Services on Amazon Web Services to facilitate its cloud hosting services. Users should click on the AWS hyperlink for more information on its data collection and privacy practices.
Credit or debit card information
Cloud integration services
Brandcast offers Subscribers the ability to integrate a variety of third party design, marketing, and analytics cloud services within Subscriber’s website(s) as part of the Services. Such integration will require Subscribers to specifically authorize Brandcast’s access. When authorized to access, Brandcast will store a set of tokenized credentials to use with such third party API and exchange applicable data necessary to enhance features and functionality of the Services available to Subscriber. Subscribers should review the applicable privacy policies of those selected Cloud Integration Services for more information on their data collection practices.
Anonymous data: Analytics
Users may follow Brandcast and/or share information on Facebook, Twitter, and Instagram. Users who follow/share on such third party sites are subject to the data collection and privacy practices of such third party sites. Users should click on the applicable hyperlink for each share-service to review for more detail about information collected from these services.
Third party services: Internal use
Other potential third party disclosures
Personal Data may also be disclosed to third parties to serve our legitimate business interests as follows: (1) as required by law, such as to comply with a subpoena, or similar legal process, (2) if Brandcast is involved in a merger, acquisition, or sale of all or a portion of its assets, (3) to investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (4) enforce our agreements with you, and/or (5) investigate and defend ourselves against any third-party claims or allegations. We will use commercially reasonable efforts to notify Users about law enforcement or court ordered requests for Personal Data unless otherwise prohibited by law.
Only persons age 18 or older are authorized to subscribe to the Services and we do not knowingly collect Personal Data from anyone under the age of 18. If a parent or guardian becomes aware that his or her child (a) under the age of 16 in applicable EU Member Countries, or (b) under the age of 13 in the U.S. and applicable EU Member Countries, has provided us with Personal Data without parental consent, he or she should contact Brandcast at firstname.lastname@example.org. We will delete such Personal Data from our files within a commercially reasonable time, but no later than required under the applicable law relating to the child’s country of residence.
We will retain account and purchase data as long as it is necessary to facilitate Subscriber’s access and use of the Services. When a Subscriber’s account is terminated, Personal Data collected through the Platform will be deleted in accordance with the requirements of applicable law. Personal Data obtained from Site visitors will be maintained as long as it is necessary to provide requested communications and information-based services or until a visitor exercises its right to opt-out of requested communications or information-based services. Anonymized and Pseudo-anonymized data will be retained as long as Brandcast determines such data is commercially necessary for it legitimate business interests.
Data Controller. The information that we collect, process and/or use through the Platform is controlled by Brandcast, Inc., 842 Folsom Street, San Francisco, CA 94107. Users may contact us at any time by emailing us at email@example.com.
We will only collect and process Personal Data about you where we have lawful bases. Lawful bases include consent (where you have given consent), contract (where processing is necessary for the performance of a contract with you to provide the Services), and “legitimate interests.” Where we rely on your consent to process Personal Data, you have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object. If you have any questions about the lawful bases upon which we collect and use your Personal Data, please contact us at firstname.lastname@example.org
Users within the EU may email Brandcast at email@example.com in order to exercise their GDPR rights to:
For all GDPR-based requests made pursuant to this section, Brandcast will (a) respond as required under applicable law, (b) provide a copy of any requested Personal Data in a structured, commonly used and machine-readable format, and (c) transmit such Personal Data to another service provider without restriction in accordance with applicable law.
California law permits California-resident Subscribers to request and obtain from Brandcast once a year, free of charge, certain information about their Personally Identifiable Information (“PII”) (as defined by California law) disclosed to third parties for direct marketing purposes in the preceding calendar year (if any). If applicable, this information would include a list of the categories of PII that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year.
We have implemented reasonable administrative, technical and physical security measures to protect your personal information against unauthorized access, destruction or alteration. Brandcast utilizes activity logs to identify any unusual activity, from authorized or unauthorized individuals accessing our systems or making changes to stored information. We regularly perform preventative system maintenance and monitoring to ensure the security of our data systems. However, although we endeavor to provide reasonable security for information we process and maintain, no security system can ever be 100% secure.
In addition, Brandcast utilizes a PCI-DSS compliant third party payment processor to ensure the security of Subscriber’s Personal Data. Subscribers should review Stripe’s Security Policy for more information on their security practices. For information relating to data stored by Amazon Web Servers, please see the AWS Cloud Security Policy for more information on its security practices.
“Do Not Track” is a feature enabled on some browsers that sends a signal to request that a website disable its tracking or cross-Platform user tracking. At present, the Platform does not respond to or alter its practices when a Do Not Track signal is received.
If you have any questions regarding your Personal Data or about our privacy practices, please contact us at: Brandcast, Inc., Attention: Privacy Department, 842 Folsom Street, San Francisco, CA 94107 or at firstname.lastname@example.org.
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