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BRANDCAST

Privacy Policy

Version effective 1 December 2020

This Privacy Policy covers Brandcast, Inc.’s (“Brandcast,” “we,” “us,” “our”) policies on the collection, use, and disclosure of personally identifiable and other personal information and data (as defined by applicable law, including, but not limited to, the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq (“CCPA”)) (collectively referred to as “Personal Information”) in connection with a visitor and Subscriber’s (collectively “Users”) access to www.Brandcast.com​ (the “Site”) and/or the related mobile applications (collectively the “Platform”) and the software and services made available through the Platform.

The Platform is owned and operated by Brandcast, Inc., a Delaware Corporation (“Brandcast”) with offices in the United States. Brandcast collects Personal Information from its Users around the world and processes, transfers and stores data within the United States.​ ​ By checking the “I consent to the Privacy Policy” box and subject to your opt-in/opt-out preferences, you consent to the collection, use and disclosure practices identified in this Privacy Policy.

All capitalized terms and phrases used herein but not otherwise defined shall have the same meanings given to them in Brandcast’s applicable subscription services agreements with its subscribers (hereinafter “Terms of Service”).

1. Personal Information Collected and Disclosed by Brandcast

Account Creation Information:

When creating an account, Users must register by providing a name and/or company name, email and a password. Emails will be utilized to (i) verify a Subscriber’s account upon account creation, (ii) reset passwords, (iii) provide technical, service-related and marketing communications regarding our Services; and/or (iv) communicate material changes to our Terms of Service and Privacy Policy.

Contact Information:

Visitors may optionally provide their personal and company name, email address and phone number, as applicable, to request a demo, subscribe to newsletters or to obtain additional information regarding our products and services. All Users may unsubscribe to marketing communications at any time through the opt-out link contained within those communications or by contacting Brandcast at legal@brandcast.com.

Web Beacons & Cookies:

Brandcast utilizes web beacon & cookie technology to gather information on Internet use in order to serve Users more effectively. As described below, Brandcast also utilizes third party analytics services which may also use tracking cookies to provide information about the use of our Platform. Users can set their browser to remove or reject cookies and/or accept or refuse cookies on the cookie consent banner on the Site itself. You can also manage cookies for any online advertising service via the consumer choice tools created under self-regulation programs, such as the US-based aboutads.info choices​ page or the European Union (“EU”) based Your Online Choices. Users may also opt-out from receiving targeted advertisements by visiting the (1) Network Advertising Consumer Opt-Out​ page, (2) Digital Advertising Alliance Opt-Out​ page, and/or (3) the opt-out provisions pertaining to the applicable advertising services/retargeting provider. Please be advised, however, that some Platform features/services may not function properly without cookies.

Service Providers:

Personal information is processed by service providers who have contracted with Brandcast to process personal information to provide the following services:

Analytics.

  • Site Analytics.​ Brandcast utilizes Google Analytics to access anonymized data to help us understand how our Services are used. ​ Google Analytics is a web analytics tool that helps Brandcast understand how users engage with the Site, so that we can review and improve our Services. ​ Google Analytics collects information anonymously. It provides a report to Brandcast with website trends without identifying individual visitors. ​ Please see the Google Privacy Policy​ more information on their privacy disclosures. If you do not want your data to be used by Google Analytics, you may opt-out by installing the Google Analytics Opt-Out Browser Add-On.
  • MixPanel:​ Brandcast utilizes MixPanel for tracking user-driven events such as how much time Users spend within our Platform, trends over time, and aggregate results across accounts, Subscribers, and custom segments. ​ This information will be utilized by Brandcast to improve our Services. ​ MixPanel collects information in accordance with its MixPanel Privacy Policy. ​ You can opt-out of MixPanel’s automatic retention of data collected by clicking here: MixPanel Opt-Out. ​ If you get a new computer, install a new browser, erase or otherwise alter your browser’s cookie file (including upgrading certain browsers) you may also clear the MixPanel opt-out cookie.
  • Pendo Analytics:​ ​ Pendo is used to access data relating to customer use, how much time customers spend within an application, trends over time, and aggregate results across accounts, users, and custom segments. ​ This information will be utilized to improve Brandcast’s services. ​ Please see Pendo's Data Privacy and Security Policy.
  • D&B Analytics: ​ Brandcast utilized D&B Analytics to access and synthesize D&B business data to obtain insights about Brandcast’s customers, prospects, industry, and marketplace at large to identify patterns and relationships. ​ Please see the D&B Privacy Policy​ for additional information.

Hosting Services:

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.

Intercom:

Intercom, Inc. a third-party analytics service, is utilized to help Brandcast understand the use of our Services and to communicate with Users by sending service-related notifications. ​ Please see Intercom Privacy Policy​ for additional information on the services.

Brandcast for Salesforce:

If utilizing the Brandcast Services through the Salesforce suite of services, account name and email address from the Platform will be processed by Salesforce. Please see the Salesforce.com Privacy Policy​ for additional information.

E-Signatures:

Brandcast may utilize PandaDoc to obtain e-signatures when finalizing customer engagements. A User’s name, email and title will be utilized to obtain legally binding e-signatures. Please see the PandaDoc Privacy Policy​ for additional information.

Social Media Plug-Ins:

Users may follow Brandcast and/or share information on Facebook, Twitter, and Instagram. Users who follow/share on such sites are subject to the data collection and privacy practices of such sites. Users should click on the applicable hyperlink for each share-service to review for more detail about information collected from these services.

Abuse Prevention:

Brandcast uses reCapcha, a service from Google, to protect the Site from spam and abuse. Users should review the ​ Privacy Policy through Google​ for more information. Users can review and manage their key privacy settings using Google’s Privacy Checkup​ tool.

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.

Third-Party Links:

Brandcast offers its users access relevant information from a wide variety of third-party links (such as Customer Examples, Press Releases, etc.). Brandcast has no control or responsibility for the data collection and privacy policies of the entities supporting the third-party links, and Users should review the applicable privacy policies for more detail about information collected from these sites.

Other Potential Disclosures:

Personal Information may be disclosed 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 you about law enforcement or court ordered requests for Personal Information unless otherwise prohibited by law.

2. Brandcast’s Compliance ​ with the Children’s Online Privacy Protection Act and Other Privacy Regulations Relating to Minors

Brandcast does not knowingly collect Personal Information from anyone under the age of 18. If a parent or guardian becomes aware that his or her minor child as defined by applicable privacy laws has provided Personal Information without their consent, he or she should contact Brandcast at legal@brandcast.com.

Brandcast will delete such Personal Information from our files within a commercially reasonable time, but no later than required under applicable law.

3. Retention of Personal Information Collected

Personal Information obtained from Users will be maintained as long as it is necessary to provide the Brandcast services or to provide requested marketing until a User exercises the right to opt-out of requested communications. ​ Anonymized and pseudo-anonymized data will be retained as long as Brandcast determines such data is commercially necessary for its legitimate business interests.

4. Your California Privacy Rights

California Consumer’s Request to Know, Right to Delete, Right to Opt-Out of Sale Notices. ​ For Information on your California Consumer Rights, please see: California Privacy Rights Notice (“Notice”).

A verifiable consumer request under this Section may be submitted to Brandcast effective January 1, 2020 by emailing Brandcast at legal@brandcast.com​ through applicable opt-out links, or as otherwise designated.

For each request, Brandcast will initially verify the email address on file with the email address submitted in the applicable request. Further verification will be based upon confirmation of data correlating to information maintained by Brandcast, as applicable. Users may designate an authorized agent to make a request on the user’s behalf. Requests by authorized agents are subject to additional verification requirements pursuant to the rules and regulations set forth in the CCPA. Please see the Notice​ for additional information.

5. EU General Data Protection Regulation (GDPR) Notices

Data Controller.​ The information that we collect, process and/or use when Users create and account or submit a request for information through the Platform is controlled by Brandcast, LLC., 842 Folsom Street, San Francisco, CA 94107. Users may contact us at any time by emailing us at legal@brandcast.com.

Data Processor.​ Brandcast is the processor of all Subscriber Data (as defined in the applicable Terms of Service), including Personal Information input by Subscriber, and its authorized users, in connection with Subscriber’s use of the Brandcast Services.

We will only collect and process Personal Information 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, and “legitimate interests.” Where we rely on your consent to process Personal Information, 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 Information, please contact us at legal@brandcast.com.

Data Processing Addendums for Subprocessors:​ Brandcast has executed a Data Processing Addendum with those subprocessors that process end-user Personal Information to ensure compliance with Brandcast’s obligations under applicable data protection laws and regulations.

Users within the EU may email Brandcast at legal@brandcast.com​ in order to exercise their GDPR rights to:

  • Access, review, restrict processing of, or otherwise request erasure of your Personal Information;
  • Obtain the identity of the source of any Personal Information collected;
  • Request correction of any errors contained within your Personal Information;
  • Request transfer your Personal Information to another service provider;
  • Object to the manner in which your Personal Information is processed; or
  • Lodge a complaint with a supervisory authority.

You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: ​ http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. ​ If you need further assistance regarding your rights, please contact us using the contact information provided below and we will consider your request in accordance with applicable law. In some cases, our ability to uphold these rights for you may depend upon our obligations to process personal information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.

6. Brandcast's Security Policy

We have implemented reasonable administrative, technical and physical security measures to protect Personal Information against unauthorized access, destruction or alteration.

Brandcast utilizes only PCI-DSS compliant third-party payment processors to ensure the security of your personal information.

7. Response “Do Not Track” Signals?​

“Do Not Track” is a feature enabled on some browsers that sends a signal to request that a website disable its tracking or cross-website user tracking. At present, the Site does not respond to or alter its practices when a Do Not Track signal is received.

8. Notification of Changes to Privacy Policy

If we make material changes to our Privacy Policy, we will notify you by (1) changing the Effective Date at the top of the Privacy Policy, or​ (ii) sending an electronic notification to all active account holders, or (iii) ​ adding a banner/notification to the Site itself.

9. Contact us

If you have any questions regarding your Personal Information or about our privacy practices, please contact us at: Brandcast, Inc., Attention: Privacy at 842 Folsom Street, San Francisco, CA 94107or by email at legal@brandcast.com

This Privacy Policy was last updated on December 22, 2020

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