Privacy Policy

Last Modified: Sept 11th, 2020

PodLP (podlp.com) is a Last Byte LLC product. Last Byte LLC is committed to protecting the privacy and data of those who visit the podlp.com website and listen to podcasts on the PodLP App. This Privacy Policy (the “Policy”) describes how Last Byte LLC (dba PodLP) (referred to in this Privacy Policy as “Company,” “we,” “us,” or “our”), as the operator of the website https://podlp.com (the “Site”) and the developer of the associated PodLP mobile application, collects information when you visit the Site or use the App, or any other website, pages, features, or content owned or operated by Company (separately and collectively, the “Service”). This Policy also explains how we use and disclose the information we collect from you, and your rights in relation to that information. Terms not defined in this Policy shall have the meaning given to them in our Terms of Service. This Policy is part of, and is governed by, the terms and conditions set forth in our Terms of Service located at https://podlp.com/terms.html 1. Acceptance Please read the Terms of Service carefully before you use or access our Services. By accepting the Terms of Service, you agree with our collection, storage, use and disclosure of your information as described in this Privacy Policy. Please note that if you disagree with anything in this Privacy Policy, you must not use the Service. 2. Amendments to this Policy We will notify you of changes to this Privacy Policy by posting the amended terms on the Service. By continuing to use the Service after those changes are posted, you agree to be bound by the revised Policy. To find out when we last updated this Policy, please refer to the date listed after “Last Modified” at the top of this Policy. If you do not agree to the changes, you should discontinue your use of the Service immediately. In addition, we may provide you with “just-in-time” disclosures or additional information about the data collection, use and sharing practices of specific parts of our Service. These notices may provide additional information about our privacy practices, or additional choices about how we process your information. 3. Information We Collect A. Information You Directly and Voluntarily Provide to Us. If you visit or access our Service, we may collect information that you provide to us when you communicate with any of our departments. For example, we collect the email addresses of those who communicate with us via email not for marketing purposes, but in order to provide a response. B. Information Automatically Collected Through the Service. We may automatically collect information about your use of the Service. For example, we may collect information about your listening preferences so that we may suggest other podcasts that we think you might be interested in. We may also track actions performed within our App, including without limitation what you click on in the App, what podcasts you have listened to, and what podcasts you subscribe to. C. Cookies & Similar Tracking Technologies. We may use “cookies," "web beacons," and similar tracking technologies to collect information about your use of the Service and to provide you with a personalized experience. You can disable cookies and tracking technologies through your web browser or device settings. We may also use these technologies to provide interest-based advertising. For example, we collect information about the way you interact with features on our Site, how long you spend on certain pages, and whether you received an error message on our Service. D. Device Information. We collect information about the device you use to access or use our Service. For example, we may collect the following information from your device: the type of device you use (e.g., mobile, smart home device, etc.); network connection type (e.g., Bluetooth, WiFi, 3G, 4G, LTE, 5G, etc.); operating system and version (e.g., KaiOS, Android, iOS, or Windows); and language settings in your mobile device. E. Content Delivery Networks. For performance and redundancy, we direct user traffic through the AWS CloudFront network. To perform this role, they have access to the same basic listener data as PodLP. We have reviewed their privacy policy and have determined they are in line with the values of PodLP. A link is provided for your convenience: AWS CloudFront Privacy Notice. 4. Information We Do Not Collect PodLP believes protecting online privacy is important and that extends to podcast listeners. PodLP only collects the minimum data necessary to understand and improve how the App is used and to get a general sense of where in the world the App is used. A. Personally Identifiable Information. We do not collect sensitive personally identifiable information including without limitation payment instruments (for example, credit card numbers), passwords, banking information, government identification numbers, or finanial records. B. Protected Health Information. We do not collect protected health information including without limitation health status, medical records, provision of health care, or payment for health care. 5. How We Use the Information We Collect We use the information we gather through the Service to help us better understand how the Site or Service and our products, apps, and services are being used. We will only use information as described in this Policy or as disclosed to you prior to such processing taking place. If you believe that we are processing your information for purposes that are incompatible with the purposes for which we originally collected your information or subsequently obtained your consent, you may choose not to allow us to use your information for such processing. However, by limiting how we may process your information, some or all of the Service may not be available to you. We describe how we use your information below: A. To Provide Our Service. In order to provide you with our Service, we need to process certain information about you. We also share information about you upon your request, and with third parties performing functions on our behalf. When we share your information with such third parties, we only share the information necessary for the third party to perform their functions and as permitted by applicable law. We cannot provide you with our Service without processing your information. B. To Respond to You. When you contact us with questions, feedback, or any other concerns, we use any information that you provide to us to respond to you. We cannot respond to you without processing your information. C. To Enforce Compliance with Our Terms, Agreements or Policies. When you access or use our Service you are bound to our Terms of Service and policies, including this Privacy Policy. We ensure your compliance with our terms, agreements and policies (the “Terms”) by: monitoring, investigating, preventing and mitigating any alleged or actual prohibited, illicit or illegal activities on our Service or violations of our Terms; enforcing our Terms with third parties and/or partners; and, as applicable, collecting fees based on your use of our Service. We cannot perform our Service in accordance with our Terms without processing your information. D. To Comply with Legal and Regulatory Obligations. Last Byte LLC does not provide data to law enforcement unless required by court order. Our business is subject to certain laws and regulations which may require us to process your information. For example, we may process your information to pay our taxes, fulfill our business obligations, or as necessary for us to manage our risks as required under applicable law. We cannot perform our Service in accordance with our legal and regulatory obligations without processing your information for such purposes. E. To Personalize and Enhance Your Experience on Our Service. We want you to have the best possible experience on our Service, which is why we personalize our Service to your settings and preferences (e.g., language, time zone, etc.). We cannot ensure your continued enjoyment of our Service without processing this information for such purposes. F. To Conduct Research and Development. We want to continue to provide you with new or expanded services and products that you enjoy. To do so, we analyze how you interact and use our Service. We apply technical, administrative, and physical security measures to your information when we use it for research and development purposes, such as pseudonymizing or de-identifying your information, where possible, and limiting access to personnel that conducts research and development. For example, all data is encrypted using SSL/TLS when transmitted between our servers and your browser. We cannot ensure your continued enjoyment of our Services without processing your information for such purposes. 6. How We Share Your Information with Third Parties We also share user information with third parties in some other circumstances as follows: A. Employees and Third-Party Service Providers. We disclose your information to our employees, contractors, affiliates, distributors, dealers, vendors and suppliers (collectively, the “Service Providers”) who provide certain services to us or on our behalf, such as operating and supporting the Service, analyzing data, or performing marketing or consulting services. These Service Providers will only have access to the information needed to perform these limited functions on our behalf. All our Service Providers are required by contract to handle your information in accordance with this Policy. B. Corporate Organization. As a global company we may share your information within the Company’s corporate organization to provide you with the Service or respond to your requests. We have shared business processes, technical systems and management structures between legal entities in our corporate group. C. Mergers and Acquisitions; Bankruptcy. We may share your information in the event we decide to sell, buy, merge or otherwise reorganize our business. We will handle and protect your information in accordance with this Policy in the event we share your information for such purposes. D. Affiliated Businesses. As permitted by law or your consent, we may share your information with affiliated businesses. We will identify the affiliated business to you at the time of data collection. E. To Protect You, Us, or Others. We will share your information in the event we believe, in good faith, that such a disclosure would protect your interests or rights, or the interests or rights of others, including the Company and its personnel. G. Compliance with Legal Obligations and Disclosure to Public Authorities. To the extent permitted by law, we will disclose your information to government authorities or third parties if: required to do so by law, or in response to a subpoena or court order or similar request from judicial or public authority; or, we believe that you have abused the Site or Service by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law, unless specific restrictions have been implemented. As permitted by law, we will try to inform you of a law enforcement request, subpoena, or similar request from judicial or public authority disclosure prior to providing our response. 7. Children The Service is not intended for children under age of 16 or the applicable age of majority without consent from a parent or guardian. We do not knowingly collect or distribute information from or about children under the age of 16, unless permitted to do so by local law as based on the jurisdiction in which the child resides. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at support@podlp.com. If we become aware that a child under 16 or the applicable age of majority has provided us with information, we will take steps to delete such information from our files. 8. Security We implement industry standard security measures intended to protect against the loss, misuse and alteration of the information under our control. Please be aware that no data transmission over the Internet can be guaranteed to be 100% secure. As a result, the Company cannot guarantee or warrant the security of any information you transmit on or through the Service and you do so at your own risk. 9. Transfers of Your Information We do our best to maintain data in the country or jurisdiction where you are located, but cannot guarantee or warrant this condition. If you choose to use the Service or provide your information to us, some information may be transferred to, processed and maintained on servers or databases located outside of the country or jurisdiction where you are located, including the United States. Such countries may have laws that are less protective than the country in which you reside. If you do not want your information transferred to or processed or maintained outside of the country or jurisdiction where you are located, you should not use the Site or Service. If you reside in the European Economic Area (“EEA”), United Kingdom (“UK”) or Switzerland, please see Section 16 below. 10. Third Party Links Our Service may include links to third party websites or services. We do not control how such third parties collect, use, share or secure your information. Please read the privacy policies and settings on the third-party websites and social media services to ensure you are adequately informed how your information is handled. 11. Do Not Track A “Do Not Track” signal is a preference you may set on your browser. The Site or Service does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. 12. Special Information for California Residents A. California law allows users of the Site or Service who are California residents to request and receive once a year, free of charge, a notice from us describing what categories of information (if any) we shared with third parties, including our corporate affiliates, for their direct marketing purposes during the preceding calendar year. If you are a California resident and would like to request a copy of this notice, please contact us as provided in the “How to Contact Us” section. In your request, please specify that you want a “California Privacy Rights Notice.” Please allow at least thirty (30) days for a response. B. In addition, if you are a California resident under the age of 18 and are a registered user of the Site or Service, you may request that we remove content or information that you posted on Site or Service or stored on our servers by: submitting a request as provided in the “How to Contact Us” section and (ii) clearly identifying the content or information you wish to have removed and providing sufficient information to allow us to locate the content or information to be removed. However, please note that we are not required to erase or otherwise eliminate content or information if: other state or federal laws require us or a third party to maintain the content or information; the content or information was posed, stored, or republished by another user; the content or information is anonymized so that the minor cannot be individually identified; the minor does not follow the instructions posted in this Privacy Policy on how to request removal of such content or information; and the minor has received compensation or other consideration for providing the content. Further, nothing in this provision shall be construed to limit the authority of a law enforcement agency to obtain such content or information. 13. Special Notice to Individuals in the European Economic Area, Switzerland and/or the United Kingdom This section only applies to individuals that access or use our Service while located in the European Economic Area, Switzerland and/or United Kingdom (collectively, the “Designated Countries”) at the time of data collection. We may ask you to identify which country you are located in when you use some of the Services, or we may rely on your IP address to identify which country you are located in. When we rely on your IP address, we cannot apply the terms of this section to any individual that masks or otherwise hides their location information from us so as not to appear located in the Designated Countries. If any terms in this section conflict with other terms contained in this Policy, the terms in this section shall apply to users in the Designated Countries. A. Our Relationship to You Last Byte LLC is a data controller with regard to any information collected from individuals accessing or using its Service. A “data controller” is an entity that determines the purposes for which and the manner in which any information is processed. Any third parties that act as our service providers or are otherwise acting on our behalf are “data processors” that handle your information in accordance with our instructions. B. Marketing. We will only contact individuals located in the Designated Countries by electronic means (including email or SMS) based on our legitimate interests, as permitted by applicable law, or the individual’s consent. When we rely on legitimate interest, we will only send you information about our Services that are similar to those which were the subject of a previous sale or negotiations of a sale to you. C. Legal Bases for Processing Your Personal Information. We describe our legal bases for processing throughout this Policy. Below is a list of the purposes described in our policy with the corresponding legal bases for processing. Generally, the legal bases on which we rely on to process your information include: your consent to the processing; satisfaction of our legal obligations; necessity to protect your vital interests; necessity to carry out our obligations arising from any contracts we entered with you or to take steps at your request prior to entering into a contract with you; necessity to process in the public interest; or for our legitimate interests as described in those sections. Section Purposes of Processing Legal Basis for Processing 4(a) Third Party Applications or Services Processing is based on our contract obligations or to take steps at the request of the individual prior to entering into a contract. 4(b) Public Databases and Social Media Platforms 4(c) Your Friends and Family 5(a) To Provide our Service 5(b) To Send You Service-Related Communications 5(c) To Respond to You 5(d) To Enforce Compliance with Our Terms, Agreements or Policies 5(e) To Ensure Security on Our Service 6(a) Employees and Third-Party Service Providers 6(b) Corporate Organization 6(d) Affiliated Businesses 5(g) To Personalize and Enhance Your Experience on Our Service Processing is based on our legitimate interest to better understand you, to maintain and improve the accuracy of the information we store about you, and to better promote or optimize our Services. 5(h) To Conduct Research and Development 6(c) Mergers and Acquisitions; Bankruptcy 6(g) To Protect You, Us, or Others 5(f) To Comply with Legal and Regulatory Obligations Processing is necessary for compliance with our legal obligations, the public interest, or in your vital interests. 6(h) Compliance with Legal Obligations and Disclosure to Public Authorities D. Your Individual Rights. We provide you with the rights described below when you use our Service. If you would like to exercise your rights under applicable law, please contact us at support@podlp.com. Please note, we may seek to verify your identity when we receive an individual rights request from you in order to ensure the security of your information. Right to Withdraw Your Consent. If we ever asked for your consent to process your information, you have the right to withdraw your consent at any time. A withdrawal of consent will not affect the lawfulness of our processing or the processing of any third parties based on consent before your withdrawal. Right of Access. Upon your request, we will provide you with a copy of your information in our files without undue delay and free of charge, unless we permitted by law to charge a fee. Your access may limited to the extent it would adversely affect the rights and freedoms of other individuals. Right to Rectification (or “Correction”). You may request to correct or update any of your information in our files. We may provide you with the ability to update some or all of your information directly via the Services. Right to Erasure (or the “Right to be Forgotten”). Upon your request, we will erase any of your information in our files that: is no longer necessary in relation to the purposes for which it was collected or otherwise processed; was collected in relation to processing that you previously consented to, but later withdrew such consent; or was collected in relation to processing activities to which you object, and there are no overriding legitimate grounds for our processing. Right to Restriction. You have the right to restrict our processing of your information under certain conditions. During the time which restriction of processing applies, we will only process your restricted information with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest. We will inform you if or when the restriction is lifted. Right to Object. You may object to our processing at any time and as permitted by applicable law if we process your information on the legal bases of: consent; contract; or legitimate interests. We may continue to process your information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law. Right to Data Portability. If we process your information based on a contract with you or based on your consent, or the processing is carried out by automated means, you may request to receive your information in a structured, commonly used and machine-readable format, and to have us transfer your information directly to another “controller,” where technically feasible, unless exercise of this right adversely affects the rights and freedoms of others. You right to data portability only applies to information provided by you to us. Notification to Third Parties. When we fulfill your individual rights requests for correct (or rectification), erasure or restriction of processing, we will notify third parties also handling the relevant information unless this proves impossible or involves disproportionate effort. Upon your request, we will identify such third parties. Automated Individual Decision-Making, Including Profiling. You have the right not to be subject to a decision based solely on automated processing of your information, including profiling, which produces legal or similarly significant effects on you, unless an exception applies under applicable law. Limitations to Individual Rights Requests. We may limit your individual rights requests in the following ways: Where denial of access is required or authorized by law; When granting access would have a negative impact on other's privacy; To protect our rights and properties; and Where the request is frivolous or burdensome. Transfer of Your Personal Information. We transfer your information subject to appropriate safeguards as permitted under the applicable data protection laws. Specifically, when your information is transferred out of the Designated Countries, we have the required contractual provisions for transferring information in place with the third-parties to which your information is transferred. For such transfers, we rely on legal transfer mechanisms such as Standard Contractual Clauses or we work with U.S. based third parties that are certified under the EU-U.S. and Swiss-U.S. Privacy Shield Framework. Right to Lodge Complaints. If you believe that we have infringed or violated your privacy rights under applicable law or this Policy, please contact us at support@podlp.com so that we can work with you to resolve your concerns. You also have a right to lodge a complaint with a competent supervisory authority situated in a Member State of your habitual residence, place of work, or place of alleged infringement. 14. How to Contact Us Please also feel free to contact us at support@podlp.com if you have any questions about this Privacy Policy.