Effective Date: June _, 2018
To the extent that we provide you with notice via our Services of different or additional privacy policies or practices (e.g., as our Services may evolve, expand or contract, or our information collection requirements change), those different or additional terms shall govern such data collection and use.
We may collect information you provide directly via use of the Services (including through mobile devices), including certain Personal Information (defined below). We may ask you for some or all of the following types of information when you communicate with us and register with our Services, particularly at registration, by use of forms that ask you to provide information about you and your business and create an account associated with you containing your Personal Information and other information we may request (an “Account”), and a Profile (as defined below) for using our Services, and in connection with updating of your provided Account information and Profile, when you participate in any community chats, fill out forms that may appear in various places and manners to, for example, register for newsletters, webinars, training sessions, information, community spotlights, promotions, events, contests or sweepstakes, when you submit comments and other content, or directly contact us with questions or feedback, and when you communicate, consider, and possibly complete business transactions with other users via our Services:
As used herein a “Profile” means and refers to either a Podcaster Profile or a Brand Profile, depending on what type of user you are and in the context of its use as explained more fully in our User Agreement. As used herein a “Podcaster Profile” is a compilation of data including Personal Information and non-Personal Information for and about each Podcaster user that will be accessible to, searchable on, and used to enable, permitted users to search for and identify Podcasters of interest. As used herein a “Brand Profile” is a compilation of data including Personal Information and non-Personal Information for each Brand user that will be accessible to, searchable on, and used to enable, other permitted users search for and identify Brands of interest. You grant us the right to use your name and likeness in connection with our advertising, marketing, publicity and promotional activities for our Services, and, upon your consent, likewise to use your Profile.
We, directly or through our third-party service providers, also may collect certain information automatically when you use the Services (“Usage Information”), including:
Cookies, Pixel Tags, and Local Shared Objects
Cookies are small bits of information that are stored by your computer’s web browser. You can decide if and how your computer will accept a cookie by configuring your preferences or options in your browser. However, if you choose to reject cookies, you may not be able to use certain online products, services or features on the Services.
Pixel tags are very small images or small pieces of data embedded in images, also known as “web beacons” or “clear GIFs,” that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your Device.
Local Shared Objects (sometimes referred to as “Flash Cookies”) are similar to standard cookies except that they can be larger and are downloaded to a computer or mobile device by the Adobe Flash media player. Please note that you may need to take additional steps beyond changing your browser settings to refuse or disable Local Shared Objects and similar technologies. For example, Local Shared Objects can be controlled through the instructions on Adobe’s Setting Manager page. If you choose to refuse, disable, or delete these technologies, some of the functionality of the Services may no longer be available to you.
An embedded script is programming code designed to collect information about your interactions with the Services. It is temporarily downloaded onto your Device from our web server or a third party with whom we work, is active only while you are connected to the Services, and deleted or deactivated thereafter.
GPS (global positioning systems) software, geo-filtering, and other location-aware technologies locate (sometimes precisely) you for purposes such as verifying your location and delivering or restricting relevant content based on your location.
In-App Tracking Methods
There are a variety of tracking technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifier, or other identifiers such as “Ad IDs” to associate app user activity to a particular app and to track user activity across apps. You can stop all collection of information via our mobile applications by uninstalling them. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain location-based services, by adjusting the permissions in your mobile device.
For further information on tracking technologies and your choices regarding them, please see Section 7 below.
We are providing you with detailed notice of the various tracking technologies and your limited choices regarding them so that your consent to our use of them is meaningfully informed.
We may obtain information about you from other sources, including other users with whom you may or do transact business using our Services or by going outside of our Services, service providers and third-party services, and combine such information with information we have collected about you. We also may collect information about you from public sources as allowed by applicable law. We may do this to enhance our ability to serve you and offer you opportunities that may be of interest to you.
We use your Personal Information in a variety of ways to provide and improve our Services, provide you with business opportunities, provide you with a personalized experience on our website, contact you about your Account and our Services, provide you customer service, provide you with newsletters and other Ossa marketing and community information, and to detect, prevent, mitigate and investigate fraudulent or illegal activities.
Our use of the Personal Information we collect from you has different legal bases and business purposes, as follows:
We use your personal information to fulfill a contract with you and provide you with our Services, to comply with our legal obligation, protect your vital interest, or as may be required for the public good. This includes:
We use your personal information to pursue our legitimate interests where your rights and freedoms do not outweigh these interests. We have implemented controls to balance our interests with your rights. This includes to:
With your consent, we may use your Personal Information to:
You have the right to withdraw your consent to all or any of the foregoing at any time.
We may use technologies considered automated decision making or profiling. We will not make automated-decisions about you that would significantly affect you, unless such a decision is necessary as part of a contract we have with you, we have your consent, or we are required by law to use such technology.
We want you to understand when and with whom we may share the information we collect, including Personal Information. We may share information that we collect through the Services with third parties as follows:
When you transact business using our Services with another user who is a natural person, we may enable you to obtain or we may provide you with Personal Information of such user (such as their name, email address, contact details, and type of business) to enable you to consider and possibly complete a transaction. Independent from us, you are a controller of such natural person user’s data and we encourage you to inform such user about your privacy practices and policies and respect their privacy. In all cases, you must comply with the applicable privacy laws, and must give such natural person user a chance to remove his or her Personal Information from your database and provide him or her with a chance to review what information you have collected about him or her.
Using Personal Information of others that you have access to for any purpose other than that provided for in our Terms of Service constitutes a violation of our Terms of Service.
Ossa may in the future work with certain third-party social media providers to offer you their social networking services through our Services. For example, you may be able use third-party social networking services, including but not limited to Facebook, and others to share information about your experience on our Services with your friends and followers on those social networking services. These social networking services may be able to collect information about you, including your activity on our Services. These third-party social networking services also may notify your friends on the social networking services themselves, that you are a user of our Services or about your use of our Services, in accordance with applicable law and their own privacy policies. If you choose to access or make use of third-party social networking services, we may receive information about you that you have made available to those social networking services, including information about your contacts on those social networking services.
You may choose to receive communications (including emails and text messages) in connection with potential or actual business opportunities relating to ad placement on or sponsorship of Podcaster shows, new business opportunities, and similar communications from us when you provide information for your Account. You may opt out of receiving any certain promotional and/or marketing communications from us at any time by (i) for promotional/marketing emails, clicking on the opt-out or “unsubscribe” link included in the commercial e-mails you receive or e-mailing us at firstname.lastname@example.org referencing “Unsubscribe” in the subject matter line with your unsubscribe instructions; and (ii) for text messages, following the instructions provided in text messages from us to text the word “STOP”. Please note that your opt-out is limited to the e-mail address or phone number used and will not affect any subsequent subscriptions. Opt-out requests for e-mail may take up to 10 business days to be effective. Your opt-out request will not apply to messages that you request or e-mails that are not commercial in nature.
Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, Ossa and our third-party service providers currently do not take action in response to these signals. For more information on “do-not-track,” visit http://www.allaboutdnt.com.
Pursuant to California’s “Shine The Light” law, California Civil Code Section 1798.83, California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of Personal Information to third parties for their own direct marketing purposes in the preceding calendar year. You may request this disclosure information a email@example.com referencing “California Shine The Light Request” in the subject matter line so that we can process your request. Please include your mailing address, state of residence and email address with your request. You also may opt-out of any future sharing of such Personal Information with third parties for their direct marketing purposes by contacting us by email as above or by mail at our mailing address: ATTENTION: California Shine The Light Request, Ossa ℅ Heart of Gold US LLC, 24 Railroad Avenue, PMB 125, Tenafly, NJ 07670.
We implement reasonable technical and organizational measures designed to protect your Personal Information against accidental or intentional destruction or loss, and unauthorized disclosure or access. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Services, and provide us with your information, at your own risk.
You are responsible for maintaining the confidentiality of your account password, answers to any security questions we may employ, and for any access to or use of the Services using your password, whether or not authorized by you. Please notify us immediately of any unauthorized use of your password or account or any other breach of security.
Your Personal Information is stored on our servers and on the servers of third-party database management service provider Amazon Web Services (AWS), and possibly others that we engage which are located in the United States. We protect your Personal Information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our contractor’s data centers, and information access authorization controls.
How long we retain personal information can vary significantly based on context of the Services we provide and on our legal obligations. The following factors typically influence retention periods:
After it is no longer necessary for us to retain your Personal Information, we will dispose of it in a secure manner in accordance with standard industry practices then in effect.
While we take various steps to ensure the accuracy and completeness of your Personal Information, we rely upon you to provide accurate and complete information, including Personal Information and your Profile, when interacting with us, and to periodically review the information you have provided and update that information whenever appropriate.
Under certain circumstances, and as required by applicable law you have the right to:
In accordance with our User Agreement, you have the option to designate certain of your provided information, including Personal Information, as “confidential” such that we will only share that confidential information with third parties if they agree to be bound to the confidentiality obligations controlling the use and disclosure of such confidential information in accordance with the User Agreement. In the absence of agreement by the third party however we will not share your designated confidential information, and that may result in your inability to use or benefit from some or all of our Services.
You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances. In addition, there may be requests that we are unable to process because of other legal requirements. If a request is denied, we will notify you of the reason.
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it.
Where you have a statutory right to request access or request the modification or erasure of your personal information, we can still withhold that access or decline to modify or erase your personal information in some cases in accordance with applicable national laws.
Our Services will include a mechanism allowing you to delete, correct and update the Personal Information you have provided. We will make good faith efforts to make requested changes in our then-active databases as soon as practicable, but it is not always possible to completely change, remove or delete all of your information or any public postings from our databases and residual and/or cached data may remain archived thereafter. Upon your request, we also will close your Account and remove your Personal Information from view as soon as reasonably possible, based on your Account activity. Further, we reserve the right to retain data (i) as permitted or required by applicable law; and (ii) for so long as reasonably necessary to fulfill the purposes for which the data is retained as permitted by applicable law (e.g., business records).
If you are located in the European Union (EU), you have the right to lodge a complaint with an EU Supervisory Authority. However, if you have a complaint regarding the processing of your Personal Information we request that you first contact us and we will reply on timely basis.
As it pertains to users of our Services located in the EU, the controller of your Personal Information is Ossa ℅ Heart of Gold US LLC, 24 Railroad Avenue, PMB 125, Tenafly, NJ 07670, USA.
PHONE: (201) 266-4542
Ossa ℅ Heart of Gold US LLC
24 Railroad Avenue,
Tenafly, NJ 07670