*as of November 2, 2019*

Privacy and security are of utmost importance to Podcasts Makers (hereinafter known as “Provider,” “us”, “we” or “the Site”) and we strive to ensure that our technical and organisational measures in place respect your data protection rights.

This Privacy Policy describes how we manage, process and store personal data submitted in the context of providing our services. “***Personal data***” refers to any information relating to an identifiable individual or his or her personal identity.

# CONSENT

In subscribing to our services or filling in a contact form on our website (**[podcastsmakers.com](https://podcastsmakers.com/)**) or other sites owned by us, you agree and accept that we may gather, process, store and/or use the personal data submitted in accordance with the rules set forth below.

By giving your consent to us, you also retain the right to have your personal data rectified, to be forgotten and/or to be erased.

# **PERSONAL DATA COLLECTED**

## 1. **Identity and contact details of the data processor**

Personal data is collected on our website by Popotam SASU, a company registered under the laws of France under number 838 642 213 with the La Rochelle Trade & Companies Register, and having its registered office at 88 rue Jean Godefroy, 17000 La Rochelle, France.

## 2. **Data collected on the site**

When you subscribe to our services, the following data is collected and managed: email, first name, last name, Intracommunity VAT number where applicable, login, password, postal address, country, telephone number, IP address(es) and domain name. By using our services, the following data is collected and managed: log-on data and browsing data where you authorise it, order history, complaints, incidents, information on subscriptions and messages on our site. Some data is collected automatically by reason of your activity on the site (see paragraph on cookies below).

The data submitted should not include any sensitive personal data, such as Government identifiers (i.e. social security, driving licence, or taxpayer identification numbers), complete credit card or complete personal bank card numbers, medical records or particulars connected with applications for care or treatment associated with private individuals.

## 3. **Purposes of processing and legal basis**

The principal purpose of collecting your personal data is to offer you a safe, optimum, efficient and personalised experience. To this end, you agree and accept that we may use your personal data to:

– provide our services and facilitate performance, including verifications relating to you;
– resolve any problems so as to improve the use of our site and services;
– personalise, assess, and improve our services, content and materials;
– analyse the volume and history of your use of our services;
– inform you about our services as well as our partners’ services and/or promotional offers;
– prevent, detect and investigate any activities that are potentially prohibited, unlawful or contrary to good practice and ensure compliance with our terms of use and sending policy;
– comply with legal and regulatory obligations.

We use the personal data submitted to us only in accordance with the applicable data protection legislation.

For our clients who have signed up on our website, we processes your personal data for the performance of the contract between us to provide our services.

For our newsletter, use case studies and marketing material sign ups, we process your personal data based on the express consent you provide for this specific purpose.

## 4. **Newsletter and marketing emails**

An unsubscribe link should be included in every newsletter and marketing email sent by you.

For those of you that have expressly opted in to receive our Podcasts Makers newsletter, you are easily able to unsubscribe by following the “unsubscribe” links included in every email.

## 5. **Email statistics**

Without systematically doing so, we may analyse and track the various rates (for example: click, open, bounce rates) and the number of emails sent with Podcasts Makers which you open to assess performance rates on your emailing campaigns.

## 6. **Testimonials**

Podcasts Makers may publish a list of Customers & Testimonials on its site with information on our customers’ names and job titles. Podcasts Makers undertakes to obtain the authorisation of every customer before publishing any testimonial on its website. If you wish to be removed from this list, you can send us an email to [PodcastsMakers@gmail.com](mailto:PodcastsMakers@gmail.com) and we will delete your information promptly.

## 7. **Third party disclosures**

Personal data relating to you collected on our website are destined for Podcasts Makers’s own use and may be forwarded to Podcasts Makers’s partner companies so that we may obtain assistance and support in the context of carrying out our services. Podcasts Makers ensures that it has in place clear data protection requirements for all of its third party providers.

Podcasts Makers does not sell or rent your personal data to third parties for marketing purposes whatsoever.

In addition, Podcasts Makers does not disclose your personal data to third parties, except if: (1) you (or your account administrator acting on your behalf) requests or authorises disclosure thereof; (2) the disclosure is required to process transactions or supply services which you have requested (i.e. to check you are employing best practice in your mailings or for the purposes of processing an acquisition card with credit-card issuing companies); (3) Podcasts Makers is compelled to do so by a government authority or a regulatory body, in the case of a court order, a summons to appear in court or any other similar requisition from a government or the judiciary, or to establish or defend a legal application; or, (4) the third party is a subcontractor or sub-processor of Podcasts Makers in the carrying out of services (for example: Podcasts Makers uses the services of an Internet provider or a telecommunications company).

## 8. **Your data protection rights**

In accordance with the French Data Protection Laws and the European General Data Protection Regulation 2016/679 (GDPR) you have a right of access, correction and removal of your personal data which you may exercise by sending us a support ticket directly on the support chat (either on the website or on the app) or, by sending an email at [PodcastsMakers@gmail.com](mailto:PodcastsMakers@gmail.com). Your requests will be processed within 30 days. We may require that your request be accompanied by a photocopy of proof of identity or authority.

You are also able at any time to modify personal data by logging into your account and clicking on “User Settings”.

## 9. **Cookies/Tracking**

As a general rule, Podcasts Makers uses cookies and tracking to improve and personalise its Website and/or measure its audience. Cookies are files saved on your computer’s hard drive when browsing on the Internet and in particular on our site. A cookie is not used to gather your personal data without your knowledge but instead to record information on site browsing which can be read directly by Podcasts Makers on your subsequent visits and searches on the site.

You can choose to decline acceptance of all cookies, but your ability to browse certain pages of the site may be reduced. The cookies used by Podcasts Makers are intended to enable or facilitate communication, to enable the services requested by users to be supplied, to recognise users when they re-visit the site, to secure payments which users may make, to register the language spoken by users or other preferences necessary for the service requested to be supplied.

Podcasts Makers also uses analytics and tracking tools to measure website and digital data to gain customer insights, to carry out analyses on browsing experience so as to improve content, and to send targeted advertisements.

By default, cookies are not installed automatically (with the exception of those cookies needed to run the site and Podcasts Makers’s services, and you are informed of their installation by a banner). In accordance with the regulations that apply, Podcasts Makers will require your authorisation before implanting any other kind of cookie on your hard drive. To avoid being bothered by these routine requests for authorisation and to enjoy uninterrupted browsing, you can configure your computer to accept Podcasts Makers cookies or we are able to remember your refusal or acceptance of certain cookies. By default, browsers accept all cookies.

When you access third party sites directing you to our website, or when you are reading integration or social media links, cookies can be created by the companies disseminating these links. These third parties may be able to use cookies in the context of Podcasts Makers’s services (partners or other third parties supplying content or services available on the Podcasts Makers site) and are responsible for the cookies they install and it is their conditions on cookies which apply. Podcasts Makers assumes no liability in regard to the possible use of cookies by third parties. For more information, you are advised to check the cookie policy directly on these third party sites with regard to their use of cookies.

# **THIRD PARTY DATA**

In the context of using our services, namely creating emailing campaigns and contact lists, Podcasts Makers has access to the information contained in the email contact lists you create in your account, as well as the subject and content of the emails that you send out via our services.

This data is stored on secure servers and only a limited number of people are authorised to access your contact lists, in particular for the purpose of providing support services.

You are easily able to recover your contact lists from your Podcasts Makers account at any time, by clicking on the “export” button. You may also modify and or delete contacts at any time from your account.

In no case does Podcasts Makers sell, share or rent out your contact lists to third parties, nor does it use them for any purposes other than those set forth in this policy. We will use the information from your contact lists only for legal requirements, to invoice and collect summaries for our own statistics and for the purposes of providing you with customer support services.

As creator of the contact lists and associated email campaigns, you are considered the data controller within the meaning of the GDPR, and Podcasts Makers is acting only as a data processor. In this capacity, you are responsible in particular for:

– making all the declarations necessary to the relative data protection authority,
– complying with all current regulations in force, including the data protection laws,
– obtaining the explicit consent of the persons concerned when collecting their personal data,
– ensuring your authority to use the personal data collected in accordance with the defined end purposes and refraining from any unauthorised use.

If a recipient of your emails sent via our services requests us to modify or delete his/her personal data, we will honor that request after proper verification and will inform you of it.

# **DATA RETENTION PERIODS**

Podcasts Makers collects your personal data for the requirements of carrying out its contractual obligations as well as information about how and when you use our services and we retain this data in active databases, log files or other types of files so long as you use our services.

Podcasts Makers only stores your data for the time needed to provide to you our services, and in no event no longer than 3 months after closing your account (unless otherwise required by law). You are able to access your personal data for as long as you hold an active account with us and for a period that varies depending on the type of data concerned. Your event data (statistics, for example), will be deleted every 13 months during active use of your account. Other data may be deleted at any time during active use of your account in accordance with the provisions set forth above.

# **LOCATION OF DATA STORAGE AND TRANSFERS**

The host servers on which Podcasts Makers processes and stores its databases are located exclusively within the European Union.

Podcasts Makers will inform you immediately, to the extent we are legally authorised to do so, in case of any application or order originating from an administrative or judicial authority relating to your personal data.

# **SECURITY**

Within the framework of its services, Podcasts Makers attributes the very highest importance to the security and integrity of its customers’ personal data.

Thus and in accordance with the GDPR, Podcasts Makers undertakes to take all pertinent precautions in order to preserve the security of the data and, in particular, to protect them against any accidental or unlawful destruction, accidental loss, corruption, unauthorised circulation or access, as well as against any other form of unlawful processing or disclosure to unauthorised persons.

To this end, Podcasts Makers implements industry standard security measures to protect personal data from unauthorised disclosure. In using industry recommended methods of encoding, Podcasts Makers takes the measures necessary to protect information connected with payments and credit cards.

Moreover, in order to avoid in particular all unauthorised access, to guarantee accuracy and the proper use of the data, Podcasts Makers has put the appropriate electronic, physical and managerial procedures in place with a view to safeguarding and preserving the data gathered through its services.

Nothwithstanding this, there is no absolute safety from piracy or hackers. That is why in the event a breach of security were to affect you, Podcasts Makers undertakes to inform you thereof without undue delay and to use its best efforts to take all possible measures to neutralise the intrusion and minimise the impacts. Should you suffer any loss by reason of the exploitation by a third party of a security breach, Podcasts Makers undertakes to provide you with every assistance necessary so you are able to assert your rights. Moreover if, by some exceptional case, the direct loss incurred arose due to fault or gross negligence by Podcasts Makers, you will be able to seek compensation within the limit of liability referred to in our [Terms of Use](https://www.PodcastsMakers.com/terms).

You should keep in mind that any user, customer or hacker who discovers and takes advantage of a breach in security renders him or herself liable to criminal prosecution and that Podcasts Makers will take all measures, including filing a complaint and/or bringing court action, to preserve the data and the rights of its users and of itself and to limit the impacts.

# **PRIVACY POLICY CHANGES**

Podcasts Makers reserves the right to update this Privacy Policy at any time, in particular pursuant to any changes made to the laws and regulations in force. Any modifications made will be notified to you via our Website or by email, to the extent possible, thirty (30) days at least before any changes come into force. We would recommend that you check these rules from time to time to stay informed of our procedures and rules relating to your personal information.

# **CONTACT US**

If you have questions, you can email us at Data Protection Officer directly at: **[PodcastsMakers@gmail.com](mailto:PodcastsMakers@gmail.com)** or by mail to: Popotam SASU, Attn: Data Protection Officer / Legal Department, 88 rue Jean Godefroy, 17000 La Rochelle, France.