Podomatic Privacy Policy

Last updated: October 1, 2024

1. Consent & Acknowledgements

   By accessing or using the Services, you accept our Privacy Policy and Terms of Service, and you consent to our collection, storage, use and disclosure of your information as described in this Privacy Policy. Each time you access or use the Services, and any time you voluntarily provide us with information, you agree that you are consenting to our privacy practices relating to the information that you provide, and you are consenting to receive emails or otherwise be contacted, as described in this Privacy Policy. Whether or not you register or create any kind of account with us, this Privacy Policy applies to all visitors to and users of the Services.

   By accessing or using the Services, you represent that: (i) you are at least 18 years of age or otherwise have parental consent to use the Services, (ii) you are not barred from receiving goods or services under the laws of any country or applicable jurisdiction, and (iii) all information provided to Podomatic in connection with the Services is and will remain true, accurate and complete.

2. Information We Collect and Methods of Collection

   We collect several types of information from and about visitors to the Websites and/or users of the Services, including information:

   • by which you may be personally identified, such as your name, e-mail address, biographical information, professional title and history, social media accounts, images and photographs, financial information, voice and other identifiers by which you may be contacted online or offline (“personally identifiable information”); and also
   • that is about you but individually does not identify you, such as your birthdate, gender, sexual orientation, political affiliations, IP address, geographic location and other information about your internet connection, the equipment you use to access the Websites or the Services and general usage details.

   We collect this information:

   • directly from you when you provide it to us, such as during the registration process or in your user profile;
   • automatically, as you navigate through or use the Services, through the use of cookies, browser detection and other tracking technologies; and
   • from third party services with which you have linked your account, such as Facebook.

   Registration

   Most of the content and features related to the Services require you to register for an account in order for us to provide you with access and a personalized experience. During our account registration process, we will collect from you your email address, your first and last name, and a password. You must provide all of this information in order to obtain an account. After completing our registration form, you will receive a welcome email describing your new account and how to access that account. You may, at your option, also store additional information in your user profile, such as your photograph, social media credentials, biographical information, location, language preferences, political and/or religious beliefs, opinions, sexual orientation and other personal details, as part of your account with our Services. Please be aware that the information contained in your user profile may be available to other users of the Services and other third parties.

   Paid Account Subscriptions

   If you choose to use the Services via a paid account, Podomatic will also collect the following information from you: your full billing address, credit card number, credit card expiration date, and zip code. Podomatic will keep this information on file in our secure server in order to process recurring invoices. You may, at your option, also provide your company name and phone number. This information is used to verify credit card authenticity and process payments as per your applicable credit card service agreement. Upon discontinuation of the Services, your credit card information will be deleted from our billing system. If we are unable to process your subscription for a given month, this information, along with your account information, may be used to contact you.

   Third Party Payment Processors

   Podomatic uses third party payment processors to assist it in processing your payments securely. Podomatic provides the information described under “Paid Account Subscriptions” to those processors. Their use of such information is governed by their respective privacy policies, which may or may not contain privacy protections as protective as those described in this Privacy Policy. Payments are currently processed and managed using the third party vendors listed below. We will inform you which payment processors are used when processing your payments.

   https://www.cybersource.com/privacy/

   https://stripe.com/us/privacy

   https://www.paypal.com/us/webapps/mpp/ua/privacy-full

   Information Collected Through Automatic Data Collection Methods

   When accessing web pages on the Websites or resources through the Services, Podomatic may use automatic collection methods to obtain certain information about your sessions, devices, browsing actions and patterns, including your IP address, access URL, time of access, geographic location, browser type and referral URL.

   This information is collected in order to administer the Services and provide you with a personalized experience. We also collect this information in order to track users’ movements within the Services, to gather demographic information about our user base as a whole and to provide us with internal information regarding site traffic, trends and usage statistics. This information may also be used to identify users who are using the Service for spam or other activity that is deemed in conflict with our Terms of Service. Otherwise, this information is used in the aggregate, and is never linked back to any personally identifiable information.

   The methods that we use to automatically collect data consist of: cookies, beacons, tags and scripts. For example, we use cookies (a small data file placed on the hard drive of your device) for authentication purposes, for tracking user sessions, preferences and movements around the Services, for anonymous and aggregated marketing analytics, performance analytics, retargeting and for tracking aggregate trends. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use the Services, but your ability to use some features or access certain areas of the Services may be limited.

   Please note that we do not respond to “do not track” requests.

   Some content or applications, including advertisements, available on or through the Services are served by third parties, including our partners, affiliates, service providers and application providers. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you access or use the Services. The information they collect may be associated with your personally identifiable information or they may collect information, including personally identifiable information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

   We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

   User Contributions Posted to the Website

   Your use of the Services includes the ability to create, display, transmit or otherwise “post” content to make available to other users of the Services and to other third parties (collectively, “User Contributions”). If you post any User Contributions through the Services, including any comments on other users’ User Contributions, you should be aware that any personally identifiable information you choose to provide may be read, collected or used by other users of the Services, as well as other third parties, and could be used to send you unsolicited messages. Your User Contributions are posted and transmitted to others at your own risk. We are not responsible for the information you choose to post, and we will not control or limit the use of that information by others. YOU POST INFORMATION THROUGH THE SERVICES AT YOUR OWN RISK.

Social Media and Third party Sites

The Services also provide the opportunity for you to link to, interact with and post content, including User Contributions, through various social media and third party sites. For example, the Services may include social media features such as the Facebook button, widgets such as the “Share this” button and other interactive mini-programs that run on the Services (collectively, the “Features”). These Features may collect your IP address, which page or resource you are visiting on the Website or otherwise in connection with the Services and may set a cookie to enable the Features to function properly. The Features may be hosted either by a third party or hosted directly through the Services.

Your interactions with such third party sites, including the Features, and any information you provide in connection with those interactions, may be publicly viewable outside of the Services. Each social media and third party site and service has its own privacy policies and practices that may be more or less protective than this Privacy Policy. If you do not agree with the policies and practices of such sites and services, then you should not access or use them. We are not responsible for information you choose to post in connection with such sites or services.

3. Uses of Information

   Podomatic collects the aforem entioned information in order to provide you with the Services, which allow you to create, browse, search and listen to podcasts. Various features within the Services will, at your discretion, display your name, or adjust the date and time of events based on your locale.

   We also use the information that we collect about you or that you provide to us, including any personally identifiable information:

   • to provide you with information, products or services that you request from us;
   • to fulfill any other purpose for which you provide it;
   • to provide you with notices about your account;
   • to provide you with customer service;
   • to make announcements related to the Services, or any products or services we offer or provide though them;
   • to allow you to participate in interactive features on the Services (including newsletters and promotions);
   • in any other ways we may describe when you provide the information; and
   • for any other purpose with your consent.

   Information collected through automatic collection methods is used only to identify potential cases of abuse and establish statistical information regarding traffic and usage.

4. Information Sharing and Disclosure

   Aggregate Information (non-personally identifiable)

   We may disclose aggregated information about our visitors and registered users without restriction. This information contains statistics related to traffic and the geographic location of our visitors and users. However, it does not identify individual visitors or users. We may share aggregated demographic information about our users with our marketing partners. We may also share aggregated user information with third parties who help us to analyze such information in order to improve the Services.

   Other than as described herein, we do not link aggregated data with personally identifiable information.

   Personally Identifiable Information

   We may disclose personally identifiable information that we collect or that you provide:

   • to the general public or other users of the Services, if such information is contained within your user profile or otherwise made available by you in connection with your use of the Services;
   • to our personnel, contractors, service providers and other third parties we use to support the Services and our business;
   • to fulfill the purpose for which you provide it;
   • to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personally identifiable information held by us about the Websites’ visitors or the users of the Services is among the assets transferred; and
   • for any other purpose disclosed by us when you provide the information.

   We may also disclose your personally identifiable information:

   • to comply with any court order, law or legal process, including to respond to any government or regulatory request;
   • to enforce or apply our Terms of Service, including acceptable use policies (see https://podomatic.com/about/tos); or
   • if we believe disclosure is necessary or appropriate to protect the rights, property or safety of Podomatic, our users or others.

   Podomatic uses third party service providers to perform functions on its behalf. Examples include credit card processing, email service providers, analyzing data and providing customer service. These service providers may receive access to personally identifiable information needed to perform such functions on our behalf and are only authorized to use your personally identifiable information as necessary to provide these services to us.

   In connection with the Services, we may also partner with third parties to give you the ability to make your User Contributions available on their audio podcast platforms (e.g., Pandora, Google Podcasts, Spotify, Apple Podcasts, Amazon Music, Audible, Deezer, etc.). By choosing to make your User Contributions available on such third party platforms, you consent to Podomatic’s disclosure and sharing of your User Contributions and any other information required to such third-parties on your behalf, including your personally identifiable information. Such third parties’ use of your personally identifiable information is governed by their respective privacy policies which may or may not contain privacy protections as protective as this Privacy Policy.

   We also use YouTube API Services to give You the ability to upload your Content to YouTube. By choosing to upload Your Content on YouTube, You consent to Podomatic’s disclosure and sharing of your User Contributions and any other information required to YouTube on your behalf, including your personally identifiable information. YouTube and Google's use of your personally identifiable information is governed by the Google Privacy Policy at http://www.google.com/policies/privacy

   To delete your Data from YouTube, You can revoke the access to Your Data via the access to their data via the Google security settings page at https://security.google.com/settings/security/permissions

5. Information Security

   We store all user information in secure databases protected by a variety of industry-standard access controls. For example, we use secure passwords, SSL encryption, disk-based encryption, firewalls, and other measures to help us protect your information. However, no company, including Podomatic, can fully eliminate security risks associated with the transmission of personally identifiable information through online transactions, and you do so at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on or within the Services.

   The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Services, you are responsible for keeping that password confidential. We ask you not to share your password with anyone.

6. Accessing Your Personally Identifiable Information

   Changing Information

   All information that Podomatic stores related to your account, including subscription billing information, is accessible through your account. You may use access to your account to correct, update or delete your information at any time, and we encourage you to keep this information current so that your customer service requests and billing processes operate efficiently. You may also make changes by contacting us at legal@podomatic.com. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

   Removing Information

   To remove all of your personally identifiable information from our system, you must submit your account for deactivation and submit a request to be forgotten. To do so, you must first navigate to the Settings menu in your account and click on “Delete Account;” then you must email us at legal@podomatic.com to request that we delete any additional information about you that we may have obtained and stored. Once we receive such request, we will delete your personally identifiable information from our servers, although if you used a login name instead of an email address, your login name will remain on our system indefinitely. If you wish to only remove your billing subscription information, you must terminate your paid account. If you registered through Paypal, you must cancel your subscription via Paypal. Please be aware that copies of your personally identifiable information or your User Contributions may have been copied or stored by other users or third parties. Proper access and use of information provided through the Services is governed by our Terms of Service https://podomatic.com/about/tos.

   Data Retention

   We will retain your information for as long as your account is active or as needed to provide the Services to you. After such time, we will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

7. Your Rights and Choices Regarding Our Use and Disclosure of your Personally Identifiable Information

   Choices relating to your Personally Identifiable Information

   You may decline to provide personally identifiable information when it is requested by Podomatic, but if you decline, certain parts of the Services, or all of the Services, may be unavailable to you.

   Opting out of receiving electronic communications

   If you no longer wish to receive marketing-related emails from us, you may opt-out via the unsubscribe link included in such emails. We will try to comply with your request as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from Podomatic, we may still send you important administrative messages that are required to provide you with the Services.

   Tracking Technologies

   We partner with third parties to either display advertising on our Websites or to manage our advertising on other sites. Our third party partners may use technologies such as cookies to gather information about your activities on our Websites and other sites in order to provide you advertising based upon your browsing activities and interests. If you do not wish to allow the use of cookies, you can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, some parts of the Services may then be inaccessible or not function properly.

   We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website by clicking here (for a similar option if located in the European Union, click here). Please note this does not opt you out of being served other ads. You will continue to receive generic ads.

8. Canadian and California Residents

   Canadian Residents

   Canadian citizens, except under circumstances defined by law, are entitled to access their own personally identifiable information collected by Podomatic by writing to: Podomatic, Inc., 185 Clara Street, Suite 101C, San Francisco, CA 94107. Podomatic may ask you to pay an administrative fee for accessing or copying your personally identifiable information, but will inform you of the anticipated charges and confirm that you want us to proceed before processing your request. If you believe that the personally identifiable information about you that we have collected is incomplete or inaccurate, we will correct the information upon verification of the omission or error, and the identity of the person requesting the change. If you require additional information about our information management policies and practices, or if you wish to access, correct or have us investigate any matters in relation to your personally identifiable information, please contact us.

   California Residents

   This notice applies solely to California residents (“consumers”):

   Podomatic adopts this notice to comply with the California Consumer Privacy Act of 2018 (the “CCPA”) and any terms defined in the CCPA have the same meaning when used in this notice.

   This notice relates to information that identifies, relates to, describes, references, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with a particular consumer, household or device (“personal information”). Personal information does not include:

   • publicly available information from government records;
   • de-identified or aggregated consumer information; or
   • information excluded from the CCPA's scope, including personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), the Driver’s Privacy Protection Act of 1994, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the California Confidentiality of Medical Information Act (CMIA).

   We collect, use and share your personal information in the same manner, from the same sources and for the same purposes as set out in this Privacy Policy.

   Please note that personal information may be contained in content that is made available to the public, or to other users of the Services, by you through your user profile or your User Contributions. However, we do not monitor such content, and we do not consider any personal information contained in such content to be “collected” or “disclosed” by us for the purposes of the CCPA. Therefore, this privacy statement does not apply to such information.

   We collected the following categories of personal information from consumers within the last twelve (12) months:

   Category	Examples	Collected
   A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.	YES
   B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	YES
   C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	YES
   D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES
   E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO
   F. Internet or other similar network activity.	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.	YES
   G. Geolocation data.	Physical location or movements.	YES
   H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	YES
   I. Professional or employment-related information.	Current or past job history or performance evaluations.	YES
   J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
   K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	YES

   
   
   

   We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated or incompatible purposes without providing you notice.

   We do not sell any personal information and have not made any sales in the last twelve (12) months. However, we may share your personal information with a third party for a business purpose. When we share personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

   We disclosed the following categories of personal information to the following categories of third parties within the last twelve (12) months:

   Category	Examples	Disclosed	Third party Recipient(s)
   A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.	YES	Other users of the Services; service providers; third party partners.
   B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	YES	Other users of the Services; service providers; third party partners.
   C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	YES	Other users of the Services; service providers; third party partners.
   D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES	Service providers; third party partners.
   E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO	N/A
   F. Internet or other similar network activity.	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.	YES	Service providers; third party partners.
   G. Geolocation data.	Physical location or movements.	YES	Other users of the Services; service providers; third party partners.
   H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	YES	Other users of the Services; service providers; third party partners.
   I. Professional or employment-related information.	Current or past job history or performance evaluations.	YES	Other users of the Services; service providers; third party partners.
   J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO	N/A
   K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	YES	Other users of the Services; service providers; third party partners.

   
   
   

   YOUR CCPA RIGHTS

   
   

   The CCPA provides consumers (California residents) with specific rights regarding their personal information. This Section describes your CCPA rights and explains how to exercise those rights.

   You have the right to request that we disclose to you certain information about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (discussed below), we will disclose to you:

   • the categories of personal information we have collected about you;
   • the categories of sources for the personal information we have collected about you;
   • our business or commercial purpose for collecting or selling that personal information;
   • the categories of third parties with whom we sell or share that personal information;
   • the specific pieces of personal information we have collected about you (also called a data portability request); and
   • if we sold or disclosed your personal information for a business purpose, two separate lists disclosing: (i) sales, identifying the personal information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

   You also have the right to request that Podomatic delete any of your personal information that we have collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (discussed below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

   Podomatic may deny your request to delete your personal information if it is necessary for us or our service providers to maintain your personal information in order to:

   • complete the transaction for which the personal information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between the Podomatic and you;
   • detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
   • debug to identify and repair errors that impair existing intended functionality;
   • exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
   • comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code;
   • engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent;
   • enable solely internal uses that are reasonably aligned with your expectations based on your relationship with Podomatic;
   • to comply with a legal obligation; or
   • otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

   To exercise the access, data portability and deletion rights described above, please submit a verifiable consumer request to us by either:

   • logging into your user account and submitting a request.
   • calling us at 415-975-9981.
   • emailing us at legal@podomatic.com with the subject line heading of “CCPA Consumer Privacy Request.”
   • sending us a request by regular mail to:
     Podomatic, Inc.
     Attn: Legal Department
     185 Clara Street, Suite 101C
     San Francisco, CA 94107

   Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To designate an authorized agent, please provide such authorized individual with signed permission to do so. An agent’s failure to provide evidence of authorization may result in our denial of the request.

   You may only make a verifiable request for access to your personal information twice within a 12-month period. The verifiable consumer request must:

   • provide sufficient information that allows us to reasonably verify that you are the person about whom we have collected personal information or an authorized agent, which may include providing the email address we have on file for you, and referencing a non-public detail that is included in your user profile that we may use to verify your identity;
   • and
   • describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it.

   We cannot respond to your request or provide you with personal information if we cannot verify your identity or the authority to make the request and confirm the personal information relates to you.

   Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password-protected account sufficiently verified when the request relates to personal information associated with that specific account.

   We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. Once we receive a verifiable consumer request from you, we will confirm receipt within 10 days and we endeavor to respond to you within 45 days of receiving the verifiable consumer request. If we require more time, we will inform you of the reason and extension period in writing.

   Any disclosures we provide will only cover the 12-month period preceding our receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

   We will not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

   We do not sell your personal information. However, we want to make sure that you are aware of all of your consumer rights under the CCPA, which includes the right to opt-out of the sale of your personal information. Under the CCPA, if you are 16 years of age or older, you have the right to direct a business, at any time, not to sell your personal information (the “right to opt-out”). If you are under the age of 16, you (or your parent or guardian if you are 13 years or younger) are required to provide affirmative authorization (the “right to opt-in”) to the sale of your personal information. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

   We will not discriminate against you for exercising your California Consumer Privacy Act rights. Unless permitted by the CCPA, we will not:

   • deny you goods or services;
   • charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
   • provide you a different level or quality of goods or services; or
   • suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

   However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

9. European Residents

   Podomatic, Inc. recognizes that the European Economic Area (“EEA”) has established strict protections regarding the handling of certain personally identifiable information that we may receive from visitors to or users of the Services in the EEA, including requirements to provide adequate protection of such information outside of the EEA. Where we collect personally identifiable information relating to individuals in the EEA, it will be transferred to our servers within the United States.

   Your data protection rights

   Under European data protection law, in certain circumstances, you may have the following rights:

   • the right to request access to any personally identifiable information that we hold about you as well as related information, including the purposes for processing the information, the recipients or categories of recipients with whom the information has been shared, where possible, the period for which the information will be stored, the source of the information, and the existence of any automated decision making;
   • the right to obtain without undue delay the rectification of any inaccurate personally identifiable information that we hold about you;
   • the right to request that personally identifiable information held about you be deleted;
   • the right to prevent or restrict processing of your personally identifiable information; and
   • the right to request the transfer of personally identifiable information directly to a third party where this is technically feasible.

   Where the processing of your personally identifiable information is based on your previously given consent, you have the right to withdraw your consent at any time. You may also have the right to object to the processing of your personally identifiable information on grounds relating to your particular situation.

   We will collect, use and share personally identifiable information in the same manner and for the same purposes as set out in this Privacy Policy.

   Exercising your data protection rights

   In order to exercise your data protection rights, please contact Podomatic as described in the Contact Us section below. Podomatic takes each request seriously and will comply with your request to the extent required by applicable law. For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file.

   We will not be able to respond to a request if we no longer hold your personally identifiable information. If you feel that you have not received a satisfactory response from us, you may consult with the data protection authority in your country.

   Governing Law

   By choosing to visit or use the Services, or provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the laws of the State of California and the United States of America. You also agree to abide by any dispute resolution mechanisms or limitations on damages contained in our Terms of Service, or other agreements that we have with you.

10. Changes in this Privacy Policy

    We reserve the right to modify this Privacy Policy at any time, so please review it frequently. The date this Privacy Policy was last revised is identified at the top of the page. If we decide to make any changes to our Privacy Policy, we will notify you of those changes by posting on the Websites and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

11. Children Under 13

    Our Websites and Services are not intended for children under 13 years of age. Still, we recognize that children may gain access to our Website and Services, so it is possible that we may collect personally identifiable information from children in connection with such access. The Children’s Online Privacy Protection Act of 1998 and its rules (collectively, “COPPA”) require us to inform parents and legal guardians (as used in this section, “parents”) about our practices for collecting, using and disclosing personal information from children under a certain age (each a “child,” collectively “children”).

    Certain content and features are only accessible by registered users and we endeavor to limit our collection, use and disclosure of personally identifiable information to that of our registered users. However, anyone (including children) can access any of the publicly available parts of our Websites and Services and any public content without providing us with their personally identifiable information.

    Further, we have taken certain measures to prevent children from registering on the Websites and Services and, except in connection with those measures, we do not knowingly collect, use or disclose the personally identifiable information from children under 13. For example, we request that each person seeking to register for an account provide us with information used to determine that person’s age. If a potential registrant is identified as being a child, or we learn that we have collected or received personal information from a child without verification of parental consent, we will delete that child’s information.

    We also use certain technologies, such as cookies, to automatically collect information from our unregistered users (including children) when they visit or use the Websites and Services. However, such information may be considered “personal information” under COPPA but it is collected only to support our internal operations. Specifically, we use cookies to recognize a child that has been unable to register for an account, for the sole purpose of preventing him or her from circumventing our age verification procedures.

    If you are under 13, do not, without parental consent, use or provide any information on the Websites, or through any of their features, register for an account for the Services or provide any information about yourself to us, including your name, address, telephone number, email address, or any username you may use. If you believe we might have any information from or about a child under 13, please contact us at legal@podomatic.com. Our Parental Consent Form can be found here.

12. Contact Us

    If you have any questions or suggestions regarding our Privacy Policy, please contact us by using our customer support system or the following contact information:

    Podomatic is located at:
    Podomatic, Inc.
    185 Clara Street, Suite 101C
    San Francisco, CA 94107, USA
    

    All correspondence should be sent to:
    Podomatic, Inc.
    ATTN: Legal Department
    Re: Privacy Concern
    185 Clara Street, Suite 101C
    San Francisco, CA 94107