BRANDCAST

Privacy Policy

This Privacy Policy covers the collection, use, and disclosure of Personal Data/Personally Identifiable Information (as defined by applicable law and hereinafter collectively referred to as “Personal Data”) when visitors and Subscribers (collectively “Users”) access 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 Data 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.

1. What information is collected and how is it used?

Account creation information

The following terms shall be capitalized throughout this Agreement and shall be defined as follows:

Authorized Users

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.

Order Form

Brandcast utilizes web beacon and cookie technology to gather information on Internet use in order to serve Users more effectively. As described in Section 2, 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.​ Please be advised, however, that some Platform features/services may not function properly without cookies.

2. Is information collected by or disclosed to third parties?

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:

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.

Credit or debit card information

Brandcast will collect credit card information (including credit/debit card number, expiration date, verification code and billing name and address) to process Services-related payments. Brandcast does not itself store debit, credit card or designated bank information on its servers. Brandcast offers Stripe as a third party payment processor to process purchases made through the Platform. For more information on its data collection and use practices of these payment processors, please review Stripe's Privacy Policy.

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. Information is collected pursuant to Intercom's Privacy Policy.

Salesforce.com

Brandcast shares its Subscribers’ account name and email address from the Platform with salesforce.com. Data is collected and utilized by Salesforce in accordance with the Salesforce.com Privacy Policy.

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

Google Analytics​ Brandcast uses Google Analytics as a web analytics tool to track user behavior on the Platform. Google Analytics collects anonymized information in accordance with their Privacy Policy. However, if you do not want Google Analytics to track your use, you may opt-out by installing 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. ​

Sharing services

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.

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.

Third party services: Internal use

We may share Personal Data with third parties who provide services on our behalf for purposes such as accounting, facilitating the exchange of data between Brandcast’s employees, internal reporting purposes, etc. We enter into contracts with such third parties regarding the services to ensure Personal Data is handled consistent with Brandcast’s Privacy Policy and applicable law.

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.

3. How does Brandcast comply with the Children’s Online Privacy Protection Act (COPPA) and GDPR regulations relating to children?​

​ 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 legal@brandcast.com. 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.

4. How long does Brandcast retain information collected?

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.

5. EU General Data Protection Regulation (GDPR) notices

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 legal@brandcast.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 legal@brandcast.com​

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 Data;
  • Obtain the identity of the source of any Personal Data collected;
  • Request correction of any errors contained within your Personal Data;
  • Request transfer your Personal Data to another service provider;
  • Object to the manner in which your Personal Data is processed; or
  • Lodge a complaint with a supervisory authority.

Where we rely on your consent to collect Personal Data, you may withdraw your consent either through the opt-out links provided in this Privacy Policy or through the contact information contained within this Section. ​ ​

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.

6. Reserved

7. Your California privacy rights

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.

8. What is Brandcast’s security policy?​

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.

9. How does the platform respond to “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-Platform user tracking. At present, the Platform does not respond to or alter its practices when a Do Not Track signal is received.

10. How will I be notified of changes to your privacy policy?

If we make material changes to our Privacy Policy, we will notify you by (i) changing the Effective Date at the top of the Privacy Policy, (ii) sending an email to all active account holders, and​ (iii) add a banner/notification to the Platform itself. Express consent will be obtained when required for any material changes in Brandcast’s collection and use practices.

11. Contact us

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 legal@brandcast.com.

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