1. Data Processor
The processing of the Users' personal data is executed under the responsibility of the following data processor (hereinafter referred to as « the Data Processor »):
Studio W Agency
26-28 rue des Grands Augustins
represented by Mr. Laurent DUMONT
2. Collected information
The Data Processor collects the following data:
- The identification data of the User (such as his/her/their last name, his/her/their first name, his/her/their ID, his/her/their password, his/her/their electronic contact and his/her/their mailing address);
- Personal information (such as the date of birth);
- Financial data (such as the payment information);
- Connection data of the User (such as the IP address, the city of connection, the internet provider).
These data are collected when the User:
- Creates or modifies his/her/their User account on the Platform;
- Subscribes to the Platform to import podcasts;
- Contacts the Data Processor's customer service;
- Writes a comment or rates a podcast on the Platform;
- Answers inquiries or market researches from the Data Processor;
- Fills in the contact form on the Platform;
- Subscribes to the Data Processor's newsletter;
- Uses the Platform to communicate with other Users;
- Accesses the Data Processor's Platform.
The compulsory or optional nature of the data to be entered is mentioned to the User during the data collection phase by an asterisk (*). The requirement for providing compulsory data is of regulatory or contractual order or determines the access to the Data Processor's services. Access to the Data Provider's services shall not be permitted in case of failure to provide such information. By purposely providing optional data, the User expressly accepts that they might be used in accordance with the conditions and for all the purposes thereafter mentioned.
When the User provides personal data related to third parties, he/she/they guarantees having received all the authorizations and consents required from the persons affected by such data.
3. Cookies and social networks
All the information gathered shall be used only to track the volume, the type and the setup of the traffic using this Website, in order to develop its conception as well as the layout of the Platform and, more broadly, to improve the service provided by the Data Processor.
The Data Processor uses the following cookies:
- The Google Analytics service, which is provided and stored by Google LLC, a member of the Privacy Shield, which grants the appropriate protection of personal data. This cookie is made to keep count of the Users and identify the way they use the Platform. These cookies are posted and read on the Platform Users' equipment as soon as such Users accept to receive them. The data generated by these cookies are related to the use of the Platform and the Users' cities of connection thanks to the collection of their short IP addresses. Such data are immediately anonymized by the Google Analytics service and are not conveyed to the Data Processor. The Data Processor shall in no way trace back any physical person through this process. For more information, the User may read Google's Privacy & Terms.
- The invisible reCAPTCHA service, also provided and stored by Google LLC, which creates a captcha that differentiates human users from robots. This service leaves a session cookie in the User's device that is automatically deleted when the User logs out of the Platform.
- The set of IPS4 cookies also provided and stored by Invision Power Services, Inc., which uses session cookies and persistent cookies, and which gathers the User ID, his/her/their IP address, his/her/their time zone, and the terminal used by the User in order to improve the User's browsing on the Platform.
The Data Processor advises the User to accept such cookies in order to improve the browsing process on the Platform. However, the User is free to decide if he wants to accept cookies or not in his/her/their browsing settings.
If the User wants to refuse such cookies, the Data Processor advises him/her/their to configure cookies on a case-by-case basis or to refuse them systematically by configuring his/her/their internet browser. The Data Processor reminds the User that if his/her/their browser has been configured so that all cookies are refused, he/she/they will not be able to access some of the Platform's services.
The personal data collected (cookie ID) are stored by the Data Processor for a 13-month period. They are not to be ceded to any third party, nor to be used for any other purposes than those described here.
3.2. Social Networks
The Data Processor is active on various social networks, such as Twitter and Facebook. Therefore, the Data Processor is likely to process the data made public on the social network accounts that share, subscribe, follow or contact the Data Processor through such platforms.
Furthermore, it is possible for the User to interact by clicking on buttons representing third-party websites and applications, and, for instance, to share some of the Platforms' content on social networks through the « Share » buttons set on the Platform.
The User accepts that the effect of this action is to transfer information to the third-party websites concerned, and that he/she/they are responsible for the contractual links with such websites (profile, privacy settings). The Data Processor shall not be responsible for the User's public data that are accessible through such networks and platforms. The User is thus advised to carefully read the privacy policies in force on such platforms in order to configure his/her/their privacy settings.
4. Purposes of the processing
The purposes of the User's personal data processing by the Data Processor are:
- Importing, managing and broadcasting podcasts on the Platform;
- Interacting with other Users on the Platform;
- Tracking and invoicing the Users' subscriptions on the Platform;
- Answering the User's requests and needs for information regarding the services and subscriptions provided by the Data Processor;
- Improving the Data Processor's services by asking the User to answer and take surveys, studies, satisfaction inquiries and product tests;
- Sending newsletters and personalized offers by email to the Users;
- Taking part to games, contests and promotional operations;
- Providing the User with personalized content through his account (recommendations, podcast subscriptions);
- Third parties providing technical and logistical functions as well as functions of other nature on behalf of the Data Processor;
- Drafting statistics;
- Measuring the audience, including the number of pages viewed, the number of visits on the Platform, the users' activity on the Platform and the frequency of their visits;
- Managing requests for access rights, correction, opposition, portability, effacement, withdrawal, defining instructions for the use of such data posthumously;
- The Data Processor collecting debts and exercising legal rights.
If the Users' personal data were to be processed for other purposes, the Data Processor promises to inform the User and to request his/her/their consent beforehand when it is legally required.
5. Founding principles of the processing
The Users' personal data are processed by the Data Processor in accordance with the law in force, particularly in the following conditions:
- When the User has expressed his/her/their free, specific, advised and univocal consent regarding the processing of his/her/their data (e.g. for information request, newsletter subscription, cookie use, etc.);
- When this is essential for the enforcement of a contract as part of the processing of the User's file (e.g. for taking out a subscription);
- When this is essential to abide by the legal or regulatory obligations of the Data Processor as imposed by the legislator (e.g. for fighting fraud, etc.);
- When justified by the Data Processor's legitimate interests (e.g. for safety measures, for the operation of the Platform, etc.);
- When it is essential to the enforcement or the defense of one of the Data Processor's legal rights (e.g. debt collection, civil or criminal liability action, etc.);
The Data Processor do not carry out any profiling activity through the data collected under these terms.
7. Recipient of the personal data
The Data Processor passes the collected data on to the technical service providers in charge of the maintenance and of the hosting of his IT system and of the Platform as well as on to the service providers in charge of the marketing department, sales department, legal assistance, legal department, accounts department, on to those in charge of the management of the relationship with the User, and on to the potential subcontractors, only for the above-mentioned purposes and to the extent necessary for the performance of the tasks granted to them.
Such recipients are allowed to directly contact the User through the information he/she/they have given.
The Data Processor demands that such recipients use the Users' personal data only to perform the duties they are in charge of and in accordance with the applicable laws and rules in force for personal data protection.
When required, the User's personal data may be passed on to legally authorized third parties (especially at an express and legitimate demand from judiciary authorities).
Likewise, if the Data Processor is involved in a merger, an acquisition, an asset sales or insolvency proceedings, he may have to cede or share all or part of his assets, including the User's personal data. In such case, the User will be informed before any transfer of his/her/their personal data to a third party.
The Data Processor promises not to pass on any of the Users' personal data for market research purposes.
8. Transfer of the User's personal data outside the EU
The User's personal data are stored within the European Union either in the Data Processor's or his service providers' databases.
For the Users who have taken out a subscription for which the podcasts are hosted on an international basis, only the public data related to such podcasts (including the User's audio files and his/her/their public RSS feed) are hosted by one of the Data Processor's service providers within several countries so that they remain accessible in all of such countries.
9. Protection of the User's personal data
The Data Processor implements organizational, technical, software and physical measures related to digital security in order to protect the User's personal data from alteration, destruction and unauthorized access. However, it is worth emphasizing that the Internet is not an entirely safe environment and that the Data Processor cannot guarantee the safety of the transmission or storage of the User's data on the Internet.
10. Storage life
The data is stored in accordance with the law for a time justified by the purpose of its processing and, at all events, for a legally defined storage time.
11. User's rights
As required by Regulation n°2016/679 from 27 April 2016 and by modified law n°78-17 from 6 January 1978, the Data Processor shall clearly and fully inform the User of his/her/their rights. In the event of further interrogations from the User, the Data Processor's dedicated service remains available to advise the User and provide him/her/their with all useful information so he/she/they can keep his/her/their rights.
The User has:
- The right to access his/her/their data: the User can have confirmation that his/her/their data are being processed or not, as well as a copy of his/her/their data and of the information related to the specificities of the processing made by the Data Processor for his/her/their data;
- The right to correct his/her/their inaccurate information and his/her/their incomplete data;
- The right to erase data that are no longer necessary for the processing, the right to withdraw his/her/their consent for the processing, the right to contest the processing of his/her/their data when no legitimate nor imperious reason can justify such processing, the right to contest market research;
- The right to limit the processing in the case of inaccurate data during the checking period, or when such data remain necessary only for the exercise of a legal right;
- The right for data portability, in order to ask for the transmission of the provided data to another manager with his/her/their consent or in the event of the contract conclusion;
- The right not to be subject to a decision exclusively based on an automated processing and that may have significant legal effects upon him/her/their;
- The right to define instructions related to the use of his/her/their data after his/her/their death.
The User can have his/her/their rights enforced at any time by contacting the Data Processor:
- By email: firstname.lastname@example.org;
- Via this contact form: https://www.podcastics.com/contact
In his/her/their request, the User shall give his/her/their last names, first names and email address via which he/she/they wants the Data Processor to reply.
In accordance with the law, such request shall be answered within a month upon reception.
Finally, the User has the right to lodge a complaint before the CNIL (Commission nationale de l'informatique et des libertés) or any other appropriate supervisory authority in his State of residence.
The User can lodge such complaint before the French CNIL:
3 Place de Fontenoy
75334 Paris Cedex 07
- By phone: +33 (0)1 53 73 22 22 (Monday-Thursday, 9am-6:30pm / Friday, 9am-6pm);
- By fax: +33 (0)1 53 73 22 00;
- Through the internet CNIL Platform: https://www.cnil.fr/fr/plaintes