Privacy Policy

AUDIOBURST PRIVACY POLICY

Effective Date: August 27, 2020.

INTRODUCTION

This Privacy Policy (“Policy”) outlines what Personal Information (as it is defined below) is collected by Audioburst Ltd. (“Audioburst”, “we”, “us” or “our”), how we use such Personal Information, the choices you have with respect to such Personal Information, and other important information.

We keep your Personal Information personal and private. We will not sell, rent, share, or otherwise disclose your Personal Information to anyone except as necessary to provide our Services (as this term is defined in our Terms of Use) or as otherwise described in this Policy.

Please note that the term “you” shall refer to Websites’ visitors, Customers and End Users (as those terms are defined below), as applicable.

The term “GDPR” shall mean the General Data Protection Regulation (Regulation (EU) 2016/679).

The term “CCPA” shall mean the California Consumer Privacy Act of 2018 (Cal. Civ. §§ 1789.100 – 1798.199) and the California Consumer Privacy Act Regulations by the Attorney General.

If you have a visual disability, you may be able to use a screen reader or other text-to-speech or text-to-Braille tool to review the contents of this Policy.

In this Privacy Policy you will learn about:

FROM WHOM WE COLLECT PERSONAL INFORMATION?
NOTE FOR MINORS
WHAT PERSONAL INFORMATION WE COLLECT?
HOW WE USE PERSONAL INFORMATION WE COLLECT?
HOW WE SHARE YOUR PERSONAL INFORMATION?
EU RESIDENTS
CALIFORNIA RESIDENTS
RETENTION
DATA SECURITY
CHANGES TO OUR PRIVACY POLICY
CONTACT INFORMATION

FROM WHOM WE COLLECT PERSONAL INFORMATION?

This Policy applies to Audioburst’s collection, use, and disclosure of the Personal Information of the following categories of individuals:

Website Visitors: Individuals who visit our Websites and who may volunteer certain contact data (such as their email address) to receive communications from Audioburst. For the purposes of this Policy, “Websites” shall refer collectively to www.audioburst.com; creators.audioburst.com; publishers.audioburst.com/register; search.audiobrust.com and the Audioburst mobile app) as well as any other websites Audioburst owns and that link to this Policy. For clarity, “Websites” does not include any sites owned or operated by our Customers.
Customers: Those who register an account on their own or on behalf of an entity or organization to use any of the Audioburst’s Services.
End Users: Individuals who visit our Customers’ websites and whose information we process in order to provide the Services to our Customers pursuant to our agreements with them.

This Policy does not apply to our Customers’ websites, which may have their own terms of use and privacy policies. Our Customers are solely responsible for establishing policies and ensuring compliance with all applicable laws and regulations, including those relating to the collection of Personal Information in connection with the use of our Services by End Users with whom our Customers interact.

NOTE FOR MINORS

We do not knowingly collect or solicit Personal Information from anyone under the age of consent (as determined under the applicable laws where the individual resides; “Age of Consent”). By accessing, using or interacting with our Websites and/or Services, you certify to us that you are not under the Age of Consent. In the event that we learn that we have collected Personal Information from an individual under the Age of Consent without verification of parental consent, we will delete that information upon discovery. If you believe that we might have any information from or about an individual under the Age of Consent, then please contact us through the contact details available below.

WHAT PERSONAL INFORMATION WE COLLECT?

Website Visitors:

Name, email address, and other contact information. We ask for and – at your option – collect your contact data (such as your name and email address) from you when you submit web forms on our Websites, including opportunities to sign up for and agree to receive email communications from us. We also may ask you to submit such Personal Information if you choose to use interactive features of the Websites, including participation in surveys, requesting customer support, or otherwise communicating with us. We will send such communications in accordance with applicable law.
Log Files. Just as when you visit and interact with most websites and services delivered via the Internet, when you visit our Websites, we gather certain information and store it in log files. This information may include but is not limited to Internet Protocol (IP) addresses, system configuration information, URLs of referring pages, and locale and language preferences.
Cookies and Other Tracking Technologies. We may use cookies and other information gathering technologies for a variety of purposes, such as providing us with information about how you interact with our Websites and assisting us in our marketing efforts. Note that if you disable cookies entirely, Our Websites may not function properly. We may also use cookies and similar technologies to provide you advertising on third-party sites based upon your browsing activities and interests. To learn more please visit our Cookie Policy.
Interactive Areas. The Websites may offer publicly accessible blogs, community forums, comments sections, discussion forums, or other interactive features (“Interactive Areas”). If you choose to participate in any of these Interactive Areas, please be aware that any information you post in an Interactive Area might be read, collected, and used by others who access it.

Customers:

Customer Account Information. When you register for an account, we collect your email address and name. We refer to this information as “Customer Information” for the purposes of this Policy. Customer Information is required to identify you as a Customer and permit you to access your account(s). By voluntarily providing us with such Customer Information, you represent that you are the owner of such Personal Information or otherwise have the requisite consent to provide it to us.
Payment Information. When you sign up for one of our Services that require payment, you must provide billing information. The information you will need to submit depends on which billing method you choose. For example, if you pay with a credit card, we will collect your card information and billing address, although we do not store full credit card numbers or personal account numbers.
Technical information. This includes certain technical information that is recorded when you use our Websites and/or Services. This information may include but is not limited to IP addresses, unique and persistent device identifiers, Wi-Fi information, operating system and device information, system configuration information, and other information about traffic to and from Customers’ websites.

End Users:

Log Data. We collect End Users’ information when they use our Customers’ websites, web applications, and APIs. This information may include but is not limited to IP addresses, unique and persistent device identifiers, Wi-Fi information, operating system and device information, system configuration information, and other information about traffic to and from Customers’ websites. We collect and use Log Data to operate, maintain, and improve our Services and Websites in performance of our obligations under our Customer agreements. For example, Log Data can help us to identify malicious third parties, detect fraudulent activities and provide more robust security protection to our Customers.

Data collected from End Users will be used solely on behalf of our Customers, who serve as Data Controllers (or as Businesses, as defined under the CCPA, where the End Users reside in California). Audioburst may process the data collected on its own behalf only on an aggregated and anonymized basis for research, analytics, improvement of our Services and customization of ads.

If we combine Personal Information with anonymous information about you, the combined information will be treated as Personal Information for as long as it remains combined.

HOW WE USE PERSONAL INFORMATION WE COLLECT?

Audioburst only processes Personal Information in a way that is compatible with and relevant for the purpose for which it was collected or authorized. As a general matter, for all categories of data we collect, we may use the information we collect (including Personal Information, to the extent applicable) to:

Managing Customer registration – If you have registered to our Services, we process your Personal Information by managing your user account for the purpose of performing our obligations under our contract with you according to the applicable Terms of Use.
Billing purposes – If you registered to our Services, we (or third-party service providers) may process your billing information, as provided by you, in order to charge for content promotion (as described in our Terms of Use), as applicable. We will occasionally send you communications of a transactional nature including billing related matters like receipts.
Administration and internal records – We may use data collected from our Websites Visitors and/or Customers for administration and internal record keeping purposes, including but not limited to accounting purposes, maintaining Customer databases, billing etc.
Provision of our Services – We work hard to provide you with the best user experience on our Services and/or Websites. In order to do so, we use the information we have (including Personal Information) to create a personalized experience for our users and to improve our Services and/or Websites.
Communications and updates – We may use your Personal Information to communicate with you, for example, we may use your email address to respond to your queries or feedback, inform you about our new features, or send you reminders to complete activities that you’ve started on our Services or remind you of your password (if you’ve forgotten it). We may also use your Personal Information to let you know about our policies or important notifications and updates about our Services and/or Websites.
Analytics, surveys and research – We are always trying to think of new and exciting features for you. From time to time, we conduct surveys or test features in our Services and/or Websites, and analyze the information we have to develop, evaluate and improve these features.
Marketing – We may use your Personal Information to alert you about upcoming features or provide you notifications concerning certain features on our Services and/or Websites. We may also send you promotional materials concerning our partners’ products, which we believe may interest you. You may choose not to receive our promotional or marketing emails at any time, by clicking on the unsubscribe link in the emails that you receive from us. Please note that even if you unsubscribe from our newsletter, we may continue to send you service-related updates or notifications.
Protecting our interests – We may use your Personal Information when we believe it is necessary in order to take precautions against liabilities, investigations and to defend ourselves against any third party claims or allegations, protect ourselves from fraud, protect the security or integrity of our Services and protect the rights and property of Audioburst, its Customers and/or partners.
Enforcing our policies – We may use your Personal Information in order to enforce our policies, including but not limited to our Terms of Use, Cookie Policy and/or any other obligations under agreement between you and Audioburst.
Compliance with legal and regulatory requirements – We also use your Personal Information to investigate and prevent violations, and as may be required by law, regulation or other governmental authority, or to comply with a subpoena or similar legal process.
Displaying personalized advertisements and content – We may process your Personal Information to conduct marketing research, advertise to you, provide personalized information about us and to provide other personalized content based upon your activities and interests to the extent it is necessary for our legitimate interest in advertising our Services or, where necessary, to the extent you have provided your prior consent.

We work with other companies who help us run our business (“Service Providers”). These companies provide services to help us store information (such as cloud storage companies), deliver customer support, process credit card payments, monitor and analyze the performance of our Services and/or Websites, manage and contact our existing Customers as well as sales leads, provide marketing support, provide fraud prevention services, and otherwise operate and improve our Services. These Service Providers may only process Personal Information pursuant to our instructions and in compliance both with this Policy and other applicable confidentiality and security measures and regulations.

Specifically, we do not permit our Service Providers to use any Personal Information we share with them for their own marketing purposes or for any other purpose than in connection with the services they provide to us.

In addition to sharing with Service Providers as described above, we may also share your information with others in the following circumstances:

With other subsidiaries or affiliate companies of Audioburst;
In the event of a merger, sale, change in control, or reorganization of all our part of our business;
When we are required to disclose Personal Information to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
Where we have a good-faith belief sharing is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Service Agreement, or as otherwise required to comply with our legal obligations; or
as you may otherwise consent from time to time.

EU RESIDENTS
1. Legal Basis for Processing
  If you are an individual from the European Economic Area (EEA), please note that our legal basis for collecting and using your Personal Information will depend on the Personal Information collected and the specific context in which we collect it. We normally collect Personal Information from you only where: (a) we have your consent to do so; (b) where we need your Personal Information to perform a contract with you (e.g. to deliver Audioburst Services you have requested); (c) where the processing is in our legitimate interests; or (d) where we are required to collect, retain or share such information under applicable laws.
  In some cases, we may need the Personal Information to protect your vital interests or those of another person.
  
  Where we rely on your consent to process your Personal Information, you have the right to withdraw or decline consent at any time. Where we rely on our legitimate interests to process your Personal Information, you have the right to object.
  
  If you have any questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us through the contact details available below.

International Information Transfers

Please note that our businesses, as well as our trusted partners and Service Providers, are located around the world. Any information that we collect (including your Personal Information) is stored and processed in various jurisdictions around the world (including in the United States), for the purposes detailed in this Policy. Please note that some data recipients may be located outside the European Economic Area (the “EEA”). In such cases we will transfer your data only to such countries as approved by the European Commission as providing adequate level of data protection, or enter into legal agreements ensuring an adequate level of data protection.

Whenever Audioburst shares Personal Information originating in the EEA or Switzerland with an entity outside the EEA or Switzerland, it will do so on the basis of an adequacy decision, the EU standard contractual clauses or other applicable frameworks.

Data Subject Rights

Website Visitors and Customers: If you reside in the EU, you may request to:

Receive confirmation as to whether or not Personal Information concerning you is being processed, and access your stored Personal Information, together with certain supplementary information;
Receive Personal Information you directly volunteer to us in a structured, commonly used and machine-readable format;
Request rectification of your Personal Information that is in our control;
Request erasure of your Personal Information;
Object to the processing of Personal Information by us; and
Request to restrict processing of your Personal Information by us.

However, please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements. You also have a right to lodge a complaint with a supervisory authority

End Users: Audioburst has no direct relationship with End Users. Accordingly, we rely upon our Customers to comply with the underlying legal requirements for subject access requests. If an End User requests that we access, correct, update, or delete their information, or no longer wishes to be contacted by one of our Customers that use our Services, we will direct that End User to contact the Customer with which they interacted directly. Our Customers are solely responsible for ensuring compliance with all applicable laws and regulations with respect to their website users.

CALIFORNIA RESIDENTS
1. What Information We Collect?
  We collect certain information that identifies an individual or may with reasonable effort identify an individual (“Personal Information”). In addition, we treat information that is specifically connected or linked to any Personal Information – as long as such connection or linkage exists – as Personal Information.
  In the 12 preceding months, we have collected, disclosed and sold categories of Personal Information as described in the table below:

Category of Personal Data Collected	Personal Information Collected	Categories of service providers to whom Personal Information was disclosed
A. Identifiers	Full name, email address, Twitter identifiers, IP address, Google sign-in.	Affiliated companies, Social Networks
B. Personal Information Categories listed in the California Customer Records Statute (Cal. Civ. Code § 1798.80(e))	Full name.	Affiliated companies, Social Networks
F. Internet or Other Electronic Network Activity Information	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	Affiliated companies, Advertising networks
K. Inferences drawn from other Personal Information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes	Affiliated companies, Advertising networks

Sources of Personal Information

In the 12 preceding months, we have collected the above-mentioned categories of Personal Information from the following categories of sources:

Consumer directly;
Advertising networks;
Data analytics providers;
Operating Systems;
Social Networks;

Sharing Personal Information

We disclose your Personal Information to third parties for a business purpose. When we disclose Personal Information for a business purpose, we enter into a contract that describes the purpose and requires both parties to keep that Personal Information confidential and not use it for any purpose except in the performance of the contract.

See the table above for details about the categories of service providers to whom we disclosed Personal Information for a business purpose in the preceding twelve (12) months.

Selling Personal Information

We do not sell (according to the CCPA definition of a “sale”) your Personal Information to third parties and/or businesses for commercial purposes.

We may share or transfer Personal Information to third parties as assets that are part of a merger, acquisition, bankruptcy or other transaction in which the third party assumes control of all or part of the Company. Such transfer will be handled according to the requirement of the CCPA and shall not be regarded as a sale of Personal Information.

User Rights under the CCPA

The CCPA provides consumers with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Personal Information

You may request, up to two times each year, that we disclose to you the categories and specific pieces of Personal Information that we have collected about you, the categories of sources from which your Personal Information is collected, the business or commercial purpose for collecting your Personal Information, the categories of Personal Information that we disclosed for a business purpose, any categories of Personal Information about you that we sold, the categories of third-parties with whom we have shared your Personal Information, and the business or commercial purpose for selling your Personal Information, if applicable.

Deletion Requests

You have the right to request that we delete any Personal Information collected from you and retained, unless an exception applies.

Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers, subcontractors, and consultants to delete) your Personal Information, unless an exception applies.

Exercising Your Rights

You can exercise your rights (such as access and deletion) via our in-app settings, where you can use tools to view, rectify, download, deactivate and delete your data.

In addition, to request access to your Personal Information or request deletion of your Personal Information, you can also submit a verifiable consumer request to our email address: admin@audioburst.com.

Only you or a person authorized to act on your behalf may make a consumer request related to your Personal Information.

The request must:

Provide sufficient information to allow us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
Describe your request with sufficient details to allow 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 authority to make the request and confirm the Personal Information relates to you. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or 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. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

You may only request a copy of your data twice within a 12-month period.

If you have any general questions about the Personal Information that we collect about you how we use it, please contact us at admin@audioburst.com.

Response Timing and Format

Our goal is to respond to a verifiable consumer request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period in writing within the first 45 days period. We will deliver our written response, by mail or electronically, at your option. Any disclosures we provide will cover only the 12-month period preceding the request. If reasonably possible, we will provide your Personal Information in a format that is readily useable and should allow you to transmit the information without hindrance.

We do 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.

In case of rejection, the response we provide will explain the reasons for which we cannot comply with your request.

Please note that these CCPA rights are not absolute and requests are subject to any applicable legal requirements, including legal and ethical reporting or document retention obligations.

Designating Agents

You can designate an authorized agent to make a request under the CCPA on your behalf if:

The authorized agent is a natural person or a business entity registered with the Secretary of State of California; and
You sign a written declaration that you authorize the authorized agent to act on your behalf.

If you use an authorized agent to submit a request to exercise your right to know or your right to request deletion, please mail a certified copy of your written declaration authorizing the authorized agent to act on your behalf using the contact information below.

If you provide an authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465, it may not be necessary to perform these steps and we will respond to any request from such authorized agent in accordance with the CCPA.

Non-Discrimination

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.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

RETENTION

We will retain your Personal Information for as long as necessary to operate our Websites or provide Services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods shall be determined taking into account the type of information that is collected and the purpose for which it is collected for, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time.

DATA SECURITY

We have implemented administrative, technical, and physical safeguards to help prevent unauthorized access, use, or disclosure of your Personal Information.

While we seek to protect your information to ensure that it is kept confidential, we cannot guarantee the security of any information. You should be aware that there is always some risk involved in transmitting information over the internet and that there is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your Personal Information, we cannot ensure or warrant the security and privacy of your Personal Information or other content you transmit using the Services or Websites, and you do so at your own risk. Thus, we encourage you to exercise discretion regarding the Personal Information you choose to disclose.

CHANGES TO OUR PRIVACY POLICY

We reserve the right to change this Policy at any time, so please re-visit this page frequently. We will provide notice of substantial changes of this Policy through our Website or we will send you an e-mail regarding such changes to the e-mail address that you volunteered (if you have volunteered it). Such substantial changes will take effect seven (7) days after such notice was provided on any of the above mentioned methods. Otherwise, all other changes to this Policy are effective as of the stated “Last Updated” date, and your continued use of the Websites or Services after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

CONTACT INFORMATION

If you have any comments or questions about our Privacy Policy, you can always contact us either at [admin@audioburst.com] or by postal mail:

Audioburst Ltd.

Attention: Data Protection Officer

45 Rothschild Blvd., Tel Aviv,

6578403, Israel