Privacy Policy
This privacy policy explains the types of personal information Podcard collects when you use our products and services or visit our website. It also outlines how we use the information, who we share it with, and how we protect it.
When we say “we”, “us” or “Podcard”, we mean Podcard (ABN 88440803883).
We collect the following information from Podcard customers and contributors (persons submitting audio messages)
* Name
* Email address
* Phone number
* Billing address
* Personal details of audio card recipient, including name, age and relationship to the customer
* Payment details, including credit card details
* Location details
* User content, including audio contributions
* Information about your customer experience
* IP addresses
This information is collected in the following ways.
Information provided directly by you
If you buy an audio card or contribute an audio message, we will ask you to provide the information above to us directly via email or through our website. We use this information to make our products and deliver them to you. We also use this information to correspond with you and address any issues you raise about our services.
Information collected from third parties
We receive information about you from third-parties. For example, from Wufoo, Squarespace and Stripe, when you either purchase an audio card from our online store or submit an audio contribution via our website. This information may include but is not limited to information you’ve permitted the third party to share with us and any information you’ve made public in connection with that service.
Information we collect from you automatically
We also directly collect data using third-party tools, such as Google Analytics, to help us measure traffic and usage on our website. These tools may collect information sent by your mobile device or browser, including your internet protocol (IP) address, which assists us to improve our services.
Cookies information
When you visit www.podcard.com, we send cookies – small text files containing alphanumeric characters – to your computer that identify your browser and help you navigate through our website. Cookies also convey information to us about how you use the website, for example, the pages you view, the links you click and other actions you take.
You can customise your cookie preferences through your web browser, allowing you to reset your cookies, refuse all cookies and ask to be notified when a cookie is being sent. However, some of the features of our website may not function properly if your ability to accept cookies is disabled.
How we use your information
We use the information above for the following purposes:
* To provide our services to you. This includes enabling you to buy audio cards from our online store, receive communications from us, share information about our services with your friends and family, upload audio contributions, and receive our products.
* To improve our service through data analytics. For example, by monitoring how people use our website.
* To customise our services. For instance, if you tell us your audio card is for a wedding, we can use appropriate music for the occasion.
* To communicate with you. For example, by emailing you with information on how your project is tracking, technical information about recording and submitting audio contributions or to touch base about administrative matters.
* To promote and drive engagement with Podcard. We use your contact information to get in touch about features and offers we think you may be interested in. You can opt out of these communications at any time by unsubscribing from our email list via the unsubscribe link at the bottom of our emails.
* To market and advertise our products. We use your audio contributions to advertise our products at www.podcard.com and on Podcard’s social media pages. By uploading audio to Podcard, you expressly grant, and you represent and warrant that you have all rights necessary to grant to Podcard a multi-use, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, distribute, syndicate, publicly display, and make derivative works of all such audio contributions, and your name and voice, in whole or in part, and in any form, media or technology, for use in connection with Podcard, including without limitation for promoting Podcard in any media formats and through any media channels.
* To resolve any technical issues that you experience with our service and ensure we can continually improve the service for our customers.
* For security reasons. We use information about you to monitor activity we think is suspicious or potentially fraudulent, and to identify violations of this privacy policy or our terms and conditions.
* For matters you specifically consent to. For example, Podcard may seek your consent to use your information for a particular purpose. When you consent to our doing so, we will use it for that purpose. For instance, we may ask permission to feature a photograph of you on our social media pages, along with a snippet of audio about you. Where you no longer want us to use your information for that purpose, you may withdraw your consent for this use.
* For matters that require us to use your information by law. Podcard will use or disclose your information where we reasonably believe such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our terms and conditions or protect the security or integrity of our service; and/or (c) to exercise or protect the rights, property, or personal safety of Podcard, our users or others.
* For record keeping and administrative purposes. For example, we retain your audio contributions for 30 days following the delivery of an audio card.
* To provide information about you to our contractors, employees and third parties for the purpose of providing services to you.
Processing information under the GDPR (for users in the EEA)
For Podcard users in the European Economic Area (EEA), Podcard processes your information in accordance with laws and regulations such as the General Data Protection Regulation (GDPR). The GDPR governs how Podcard may process your information, and the rights that EEA users have in relation to it. This means that Podcard will collect and use your information only where:
* We need it to provide our services to you and fulfil our obligations to you under our terms and conditions. This includes providing you with access to any audio content you submit to Podcard.
* It is justified because of a legitimate interest such as for research and development or marketing our services (but only where our legitimate interest isn’t overridden by your interest in protecting your data).
* You consent to us using your information in a certain way.
* It is necessary for compliance with our legal obligations.
If you have consented to our use of your information, you may withdraw that consent at any time by emailing hello@podcard.com. Where we are using your information because of a legitimate interest to do so, you have the right to object to that use. However, if you do so it may mean that it’s not possible for you to continue using our services.
How we share your information
We will not rent or sell your information onto third-parties outside Podcard and its affiliates without your consent, except as outlined below.
Who we share your information with
We may share your information with third-party service providers to enable us to provide our services to you and to facilitate Podcard’s interests as outlined above. These service providers will only be given access to your information as is reasonably necessary for the purpose that Podcard has engaged their services.
We may share your personal information with third-parties in order to carry out the following functions:
* Billing
* Website maintenance
* Email services
* Hosting and storage
* Analytics
* Delivery of digital products
* Advertising and marketing
Podcard may also share your information with third-parties in certain circumstances, such as where:
* We are required to do so as a result of a court order, subpoena or other legal requirement
* We believe it’s necessary to protect you or Podcard. For example, where we consider there is a need to investigate potentially fraudulent or criminal behaviour
* You have consented to our sharing it with a third-party for a particular purpose
Podcard may also share your information with a third party in circumstances where we sell, divest or transfer Podcard (including any shares in Podcard), or any combination of its products, services, assets and/or businesses to a third party. Information including customer names and email addresses, user content including audio contributions, and other user information related to Podcard may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganisations, liquidations, or similar transactions or proceedings involving all or a portion of Podcard.
Any third-party service providers, accessing your personal information, will process and protect your information in accordance with their own privacy policies.
Who can hear your audio content
Any content you voluntarily submit to Podcard, including audio contributions, becomes available to everyone in your audio card group and may then become available to the public. Once the completed audio card has been circulated to your group, it’s possible the audio file will be uploaded by someone to a social media platform or another digital publishing platform. Whether this happens is beyond Podcard’s control. Always think before submitting audio content, as the nature of digital files makes it easy for your content to be copied and shared online by other people. If you delete audio contributions you have submitted, copies may remain accessible in cached or archived pages of Podcard or other websites if people have copied, saved or shared the audio. You upload audio contributions to Podcard at your own risk.
How we transfer, store and protect your data
Your information collected through Podcard’s activities may be stored and processed in Australia or any other country in which Podcard or its affiliates or service providers maintain facilities. Podcard may transfer information we collect about you, including personal information, to affiliated entities, or to other third-parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. Consequently, we may transfer your information to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to Australia or any other country in which Podcard or its affiliates or service providers maintain facilities, and the use and disclosure of information about you as set out in this Privacy Policy.
Keeping your information secure
We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. Our information technology systems are password protected and we use a range of administrative measures to protect these systems. However, we cannot guarantee the security of your personal information. Furthermore, Podcard is not responsible for the security measures of any third-party service providers we interact with.
Compromise of information
In the event that information under our control is compromised as a result of a breach of security, Podcard will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised. We will also take other steps, in accordance with any applicable laws and regulations.
Your choices and rights in relation to your personal information
You can stop receiving promotional emails from us at any time by clicking the ‘Unsubscribe’ link at the bottom of our emails. We make every effort to promptly reply to unsubscribe requests. You can also delete and disable cookies and other tracking tools by configuring the settings of your browser. Disabling cookies prevents Podcard from tracking your browser’s activities, however doing so may disable some of the features of our website.
The laws of some countries grant particular rights in respect of personal information. Users in those jurisdictions may have the right to:
* Request a copy of your personal information
* Request that we correct inaccuracies relating to your information
* Request that your information be deleted or that we restrict access to it
* Request an electronic version of your information
* Object to our use of your information.
If you have questions about our use of your personal information, or you wish to make a request in respect of your personal information, please contact us at hello@podcard.com.
In some instances, Podcard may not be able to comply with a request that you make in respect of your personal information. For example, we may not be able to provide a copy of your information where it infringes on the rights of another user. We may also need to retain certain information that you ask us to delete for various reasons, such as where there is a legal requirement to do so. In some cases, you, or another Podcard user, may have shared your information with a third-party, for instance by posting an audio card on a social media platform. In such cases, Podcard will not be able to delete the information and you will need to contact the third-party directly.
If we are unable to resolve your request, or you are concerned about a potential violation, you may be entitled to report the issue or make a complaint to the data protection authority in your jurisdiction.
How long we keep your user content
Following the delivery of a completed audio card, we may retain your personal information and user content for a commercially reasonable time, and for as long as we have a valid purpose to do so. Podcard also retains your information for the purposes of complying with legal and audit obligations, and for backup and archival purposes. For instance, completed audio cards will be held on file for 30 days after delivery in case the audio card needs to be reissued. After 30 days, audio associated with your audio card may be deleted.
Children’s privacy
Podcard does not knowingly collect personal information from people under the age of 18. In the event that we learn we have collected personal information from a child without the consent of a parent or guardian, we will delete that information as quickly as possible. If you believe we might have information from a child that was submitted without the consent of a parent or guardian, please contact us at hello@podcard.com.
Links to other websites and services
Podcard is not responsible for the practices employed by websites or services linked to or from www.podcard.com, including information or content contained therein. Please remember that when you use a link to navigate from our website to another service, our privacy policy does not apply to third-party websites or services; your browsing activities on other sites will be subject to the rules and policies of those sites only.
Podcard is not responsible for and does not exercise control over any third-party that you or other users may authorise to access content created for or by Podcard. If you are using a third-party website or service (like Facebook or Instagram) and you allow such a third-party access to your information, you do so at your own risk.
When we need to update this policy
We will need to change this policy from time to time in order to make sure it stays up to date with the latest legal requirements and any changes to our privacy management practices. When we do change the policy, we’ll make sure to notify you about such changes, where required. The current version of our policy will always be available from this webpage.
How to contact us
If you have any questions about this Privacy Policy, please contact us at hello@podcard.com or PO BOX 2057, Brighton North, VIC, 3186, Australia.