Privacy Policy

When you use our services, you trust us with information. As such, we at PodUp (formerly ShowPlatform), Inc. (“PodUP”) and our affiliates are committed to protecting your privacy. This Privacy Policy applies to the information and data collected by PodUP when you interact with our websites, products and services, and any other sites or services that link to this Privacy Policy. This includes when you:

• interact with us on our websites or through other channels (for example, by communicating with us or attending one of our events);
• use our product and services (including PodUP(formerly ShowPlatform) Subscription Services); and
• when you use any other sites or services that link to this Privacy Policy.

This page informs you of our policies regarding the collection, use and disclosure of Personal Data when you use our Services, including, but not limited to our subscription-based Services, and the choices you have associated with that data.

PodUP(formerly ShowPlatform) may process Personal Data as a processor under the direction of our customers. Our customers, as Data Controllers, are responsible for complying with any regulations or laws that require providing notice, disclosure, and/or obtaining consent prior to the collecting of their customers’ Personal Data using any subscription-based Services.

We may use your data to provide and improve the Services. By using the Services, you agree to the collection and use of information in accordance with this Privacy Policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions of Service.

State laws like the CCPA and VCDPA also provide the right to request information about how PodUP collects, uses, and discloses your information. And they give you the right to access and correct your information, and to request that PodUP delete that information. The VCDPA also provides the right to opt out of certain forms of profiling and targeted advertising. Finally, the CCPA and VCDPA provide the right to not be discriminated against for exercising these privacy rights. More information regarding both the CCPA and the VCDPA can be found below.

We may update this Privacy Policy from time to time and we encourage you to review this Privacy Policy periodically. We will post any Privacy Policy changes on this page and, if the changes are material, we will attempt to provide a more prominent notice by sending you an email notification, or if you subscribe to our subscription services, through notification to your account with us, or when you visit one of our webpages.

Definitions

Services: Services include, but are not limited to all websites (including, but not limited to www.PodUP.com), apps, software, SAAS, and web services offered by PodUP, as well as any and all other service described herein or elsewhere by PodUP, or which references this Privacy Policy.

Personal Data: Personal Data means data about a living individual who can be identified from such data (or from those and other information either in our possession or likely to come into our possession).

Usage Data: Usage Data is data collected automatically either generated by the use of the Services or from the Services infrastructure itself (for example, the duration of a page visit).

Cookies: Cookies are small files stored on your device (computer or mobile device).

Data Controller: Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

Data Processors (or Services Providers): Data Processor (or Services Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the Services of various Service Providers in order to process your data more effectively.

Data Subject (or User): Data Subject (or User) is any living individual who is using our Services and is the subject of Personal Data.

Information Collection and Use: We collect several different types of information for various purposes to provide and improve our Services to you.

What Data We Collect About You

When you interact with us via our websites or any site or service that links to this Privacy Policy, we may collect Personal Data and other information from you, as further described below.

Personal Data: While using our Services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Cookies and Usage Data
• Purchases
• Login Credentials
• Facebook Page Information (i.e. the pages you manage on Facebook and information from these pages granted when you authorize our Facebook application)
• Facebook group Information (i.e. the groups you manage on Facebook and information from these groups granted when you authorize our Facebook application)
• Third Party Information (i.e. access tokens and information related to third party accounts that you connect to PodUp.

We may use your Personal Data to provide you requested notifications, contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.

Usage Data: We may also collect information on how the Services is accessed and used. This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Services that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data: We use cookies and similar tracking technologies to track the activity on our Services and we hold certain information.

Cookies are small pieces of data, in the form of a text file, that a website you visit stores on your device in order to remember information about you. The cookies set by us are called first party cookies. We may also use third-party cookies, which are cookies from a domain other than the website you are visiting. Such cookies may assist in advertising and marketing efforts.

More specifically, we use cookies and other tracking technologies for the following purposes:

• Assisting in website navigation;
• Assisting you to login, provide feedback and register in events or activities;
• Analyzing your use of our products, services or applications; and
• Assisting with promotional and marketing efforts (including behavioral advertising).

We classify cookies in the following categories:

• Strictly Necessary Cookies
• Performance Cookies
• Functional Cookies
• Targeting Cookies
• Google Analytics, Retargeting & Ads
• Facebook Analytics, Advertising & Social Feature

Strictly Necessary Cookies

These are cookies that are necessary for our website to function and cannot be switched off in our systems. They typically are only used in response to actions made by you, such as a request for Services, setting privacy preferences, logging in or filling in forms. You can set your browser to block or alert these cookies, but part or all of the website will not then work properly. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies pertain typically to analytics, and allow us to count visits and traffic sources. This allows us to measure and improve the performance of the website. They help us know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited our site.

Functional Cookies

These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by a third-party provider whose services we have included in our website. If you do not allow these cookies then some or all of these services may not function properly.

Targeting Cookies

Targeting cookies may be set through our website by our advertising partners. They can be used by these third parties to build a profile of your interests based on the browsing information they collect from you, which includes uniquely identifying your browser and terminal equipment. If you do not allow these cookies you will still see basic advertising on your browser that is generic and not based on your interests

Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags, and scripts to collect and track information and to improve and analyze our Services. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Services.

Google Analytics, Retargeting & Ads

We may use Google Analytics for display advertising, we may use Remarketing with Google Analytics to advertise online. Third-party vendors may show our ads on sites across the internet. This site, as well as other third-party vendors (including Google) use first-party cookies and third-party cookies together to inform, optimize and serve ads based on someone's past visits to this website. Visitors can opt-out of Google Analytics for display advertising and customize Google Display Network ads using the Google Ads Preference Manager.

Facebook Analytics, Advertising, Login App & Social Feature

We may use Facebook technologies to customize content, features, apps and/or advertising, to provide software integration, to provide social media features and/or to analyze traffic and use of our website.

Cookies and other similar tracking technologies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags, and scripts to collect and track information and to improve and analyze our Services. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Services.

In conjunction with our app, i.e., PodUp (formerly ShowPlatform), we may utilize Facebook technologies for customizing content, features, apps, and advertising, as well as for software integration, social media features, and the analysis of traffic and website usage."

This addition explicitly connects the use of Facebook technologies with your app and its previous name (ShowPlatform), providing clarity to your users about how these technologies are employed in your services.

Commercial Information

We collect payment and billing information when you register for paid products or Services. If you give us payment information, we use it solely as authorized by you in accordance with this Privacy Policy. We use secure third-party payment service providers to manage payment processing, which is collected through a secure payment process.

HOW WE USE OF DATA

Information We Process on Behalf of Customers When they Use the Subscription Service.

Our product, or the Subscription Service, allows our customers to create and share podcasts, shows, including marketing, sales and customer service content. When customers use our Services, they may collect Personal Data such as first and last name, email address, physical address, phone number, or other information about you. We call the information that our customers submit or collect via the product “Customer Data.”

We do not control the content of our customers’ webpages or the types of Personal Data that our customers may choose to collect or manage using the Subscription Service. We store our customers’ information on our service providers’ servers but process it as a processor under our customers’ instructions, but in so doing, we are prohibited from using the information except as necessary to provide and improve the Subscription Services and as required by law.

Our customers control and are responsible for correcting, deleting or updating the information they process using the Subscription Services and for complying with any regulations or laws that require providing notice, disclosure, and/or processing purposes.

Information We May Collect.

PodUP may use collected data for various purposes:

• To provide and maintain our Services
• To notify you about changes to our Services
• To allow you to participate in interactive features of our Services when you choose to do so
• To provide customer support
• To gather analysis or valuable information so that we can improve our Services
• To monitor the usage of our Services
• For auditing and analytic evaluation
• For research and development
• To detect, prevent and address technical issues
• To provide you with advertising, email marketing, news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
• Comply with legal obligations

PodUP will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

PodUP will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Services, or we are legally obligated to retain this data for longer periods.

TO WHOM WE MAY DISCLOSE YOUR INFORMATION

• Others with whom you have elected to share your information
• In order to comply with our legal obligations or orders
• Third parties with your consent
• Service providers, trusted businesses or persons that process information on our behalf and in compliance with our instructions and this Privacy Policy or as otherwise appropriate
• Domain administrators
• Payment processors

Transfer of Data

Your information, including Personal Data, may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there. With that said, at present we do not target or provide Services to individuals or businesses located outside the United States.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

PodUP will take steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Why We May Disclose Your Information

The PodUP website, app, email list, and other Services are operated by PodUP may disclose your Personal Data in the good faith belief that such action is necessary to:

• To comply with a legal obligation
• To protect and defend the rights or property of PodUP
• To prevent or investigate possible wrongdoing in connection with the Services
• To protect the personal safety of users of the Services or the public
• To protect against legal liability

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Our Policy on “Do Not Track” Signals under the California Online Protection Act (CalOPPA)

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Third-Party Integrations

You may connect third-party integrations to your PodUP account, which may ask for certain permissions to access data or send information to or from your PodUP account. It is your responsibility to review any third-party integrations you authorize. We may collect information about what types of integrations you use in your PodUP account.

Any permission(s) granted by you, grants these third-parties access to your data, which may include (but is not limited to) granting third-party applications access to view, store, and modify your PodUP account data. We are not responsible for the practices of third-party applications.

Google/Gmail Integration

Google Analytics is a web analytics Services offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Services. This data is shared with other Google Services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Services available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms webpage.

If you use the Gmail integration or choose to integrate any other Google Workspace application with PodUP, you may be asked to give us access to information from your Gmail or Google account. You can learn more about how we access this data via in-app notice when you connect to Gmail.

By using the Gmail integration with the Subscription Services you will grant the Subscription Services access to information associated with your account, including contacts, emails, calendar, distribution lists, subject lines, and URLs of tracked links from your email, if you use the email tracking functionality. In addition, the Subscription Services will be able to read, modify, create, and send emails from your connected Gmail account. The Subscription Services will scan the content of your emails to identify which emails you have elected to track in order to provide you with the notifications feature. The Subscription Service will store replies, outgoing mail, email headers, subject line, distribution lists, aliases, time sent, and email bodies. Your email may contain sensitive information, such as names of your contacts, your private communications, or financial or medical information. You understand that the correspondences you track will be visible to PodUP as well as other users on your Subscription Services team.

Remarketing Services.

PodUP may use remarketing services to advertise on third-party websites to you after you visited our Services. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Services.

Google Ads

Google Ads (AdWords) remarketing service is provided by Google Inc. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page.

Google also recommends installing the Google Analytics Opt-out Browser Add-on for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy & Terms webpage.

Facebook

Facebook remarketing services is provided by Facebook Inc. You can learn more about interest-based advertising from Facebook by visiting their webpage.

To opt-out from Facebook's interest-based ads, follow these instructions from Facebook: which may be located at: https://www.facebook.com/help/568137493302217.

Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, or opt-out using your mobile device settings.

For more information on the privacy practices of Facebook, please visit Facebook's Data Policy.

External Links

Our Services may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third-party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Video Privacy Protection Policy

While using our Services, you may interact with audio or video files. With your visit, we may collect information related to the audio and video files you interact with. We may use such information for statistical and/or marketing purposes. As such, from time to time, we may provide marketers of goods and services information related to the audio and video files you interact with on our sites, including information such as a description or subject matter of the files viewed or listened to. You have the right to elect not to have your name, address or description or subject matter of any material interacted with included in any such disclosures. Your election on this matter may be changed by you, in writing, at any time. By accessing such materials on or through our Services, you consent to the disclosure and release of any or all of your personally identifiable information, including the description or subject matter of the materials interacted with. To change or modify your election on this matter, you may either change your cookie and/or pixel settings or you may contact us at support@PodUP.com. Your agreement on this matter is valid for a period not to exceed 24 months from the last date of consent on this matter.

CCPA Privacy Policy

This privacy notice section is for California residents and supplements our Privacy Policy. It applies solely to all visitors, users, and others who reside in the State of California.

Categories of Personal Information Collected

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.

Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by PodUP, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if you provided such personal information directly to us.

• Category A: Identifiers.

Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, passport number, or other similar identifiers.

Collected: Yes.

• Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

Collected: Yes.

• Category C: Protected classification characteristics under California or federal law.

Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

Collected: Yes.

• Category D: Commercial information.

Examples: Records and history of products or services purchased or considered.

Collected: Yes.

• Category E: Biometric information.

Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

Collected: No.

• Category F: Internet or other similar network activity.

Examples: Interaction with our Service or advertisement.

Collected: Yes.

• Category G: Geolocation data.

Examples: Approximate physical location.

Collected: Yes.

• Category H: Sensory data.

Examples: Audio, electronic, visual, thermal, olfactory, or similar information.

Collected: Yes.

• Category I: Professional or employment-related information.

Examples: Current or past job history or performance evaluations.

Collected: Yes.

• Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

Collected: No.

• Category K: Inferences drawn from other personal information.

Examples: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Collected: Yes.

Under CCPA, personal information does not include:

• Publicly available information from government records
• Deidentified or aggregated consumer information
• Information excluded from the CCPA's scope, such as:
• Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
• Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994

Sources of Personal Information

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from the forms you complete on our Service, preferences you express or provide through our Service, or from your purchases on our Service.
• Indirectly from you. For example, from observing your activity on our Service.
• Automatically from you. For example, through cookies we or our service providers set on your device as you navigate through the Services.
• From service providers. For example, third-party vendors to monitor and analyze the use of our Services, third-party vendors for payment processing, or other third-party vendors that we use to provide the Services to you.

Use of Personal Information for Business Purposes or Commercial Purposes

We may use or disclose personal information we collect for “business purposes” or “commercial purposes” (as defined under the CCPA), which may include the following examples:

• To operate our Services and provide you with our Services.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our Services.
• To fulfill or meet the reason you provided the information. For example, if you share your contact information to ask a question about our Services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• For internal administrative and auditing purposes.
• To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.

Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the “How We Use Your Data” section.

If we decide to collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes we will update this Privacy Policy.

Disclosure of Personal Information for Business Purposes or Commercial Purposes

We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:

• Category A: Identifiers
• Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
• Category D: Commercial information
• Category F: Internet or other similar network activity

Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.

When we disclose personal information for a business purpose or a commercial purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

Sale of Personal Information

As defined in the CCPA, “sell” and “sale” mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information by the business to a third party for valuable consideration. This means that we may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.

Please note that the categories listed below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact sold, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been shared for value in return.

We may sell and may have sold in the last twelve (12) months the following categories of personal information:

• Category A: Identifiers
• Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
• Category D: Commercial information
• Category F: Internet or other similar network activity

Share of Personal Information

We may share your personal information identified in the above categories with the following categories of third parties:

• Service Providers
• Payment processors
• Our affiliates
• Our business partners
• Third party vendors to whom You or Your agents authorize Us to disclose Your personal information in connection with products or services We provide to You

Sale of Personal Information of Minors Under 16 Years of Age

We do not knowingly collect personal information from minors under the age of 16 through our Services, although certain third-party websites that we link to may do so. These third-party websites have their own terms of use and privacy policies and we encourage parents and legal guardians to monitor their children's internet usage and instruct their children to never provide information on other websites without their permission.

We do not sell the personal information of we actually know are less than 16 years of age, unless We receive affirmative authorization (the “right to opt-in”) from either the User who is between 13 and 16 years of age, or the parent or guardian of a User less than 13 years of age. Users who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request by contacting us.

If you have reason to believe that a child under the age of 13 (or 16) has provided us with personal information, please contact us with sufficient detail to enable us to delete that information.

Your Rights under the CCPA

The CCPA provides California residents with specific rights regarding their personal information. If you are a resident of California, you have the following rights:

• The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
• The right to request. Under CCPA, you have the right to request that we disclose information to you about our collection, use, sale, disclosure for business purposes and share of personal information. Once we receive and confirm your request, we will disclose to you:
• The categories of personal information we collected about you
• The categories of sources for the personal information we collected about you
• Our business or commercial purpose for collecting or selling that personal information
• The categories of third parties with whom we share that personal information
• The specific pieces of personal information we collected about you
• If we sold your personal information or disclosed your personal information for a business purpose, we will disclose to you:
• The categories of personal information categories sold
• The categories of personal information categories disclosed
• The right to say no to the sale of Personal Data (opt-out). You have the right to direct us to not sell your personal information. To submit an opt-out request please contact us.
• The right to delete Personal Data. You have the right to request the deletion of your Personal Data, subject to certain exceptions. Once we receive and confirm your request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service providers to:
• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
• The right not to be discriminated against. You have the right not to be discriminated against for exercising any of your consumer's rights, including by:
• Denying goods or services to you
• Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
• Providing a different level or quality of goods or services to you
• Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services

Exercising Your CCPA Data Protection Rights

In order to exercise any of your rights under the CCPA, and if you are a California resident, you can contact us: support@PodUP.com.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable request related to your personal information.

Your request to us must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it

We cannot respond to your request or provide you with the required information if we cannot:

• Verify your identity or authority to make the request; and
• Confirm that the personal information relates to you

We will disclose and deliver the required information free of charge within 45 days of receiving your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.

Any disclosures we provide will only cover the 12-month period preceding the verifiable request's receipt.

For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

Do Not Sell My Personal Information

You have the right to opt-out of the sale of your personal information. Once we receive and confirm a verifiable consumer request from you, we will stop selling your personal information. To exercise your right to opt-out, please contact us.

The service providers we partner with (for example, our analytics or advertising partners) may use technology on the Services that sells personal information as defined by the CCPA law. If you wish to opt out of the use of your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.

Please note that any opt-out is specific to the browser you use. You may need to opt out on every browser that you use.

Website

You can opt-out of receiving ads that are personalized as served by our service providers by following our instructions presented on the Services:

• The NAI's opt-out platform: http://www.networkadvertising.org/choices/
• The EDAA's opt-out platform http://www.youronlinechoices.com/
• The DAA's opt-out platform: http://optout.aboutads.info/?c=2&lang=EN

The opt-out will place a cookie on your computer that is unique to the browser you use to opt-out. If you change browsers or delete the cookies saved by your browser, you will need to opt-out again.

Mobile Devices

Your mobile device may give you the ability to opt-out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:

• “Opt-out of Interest-Based Ads” or “Opt-out of Ads Personalization” on Android devices
• “Limit Ad Tracking” on iOS devices

You can also stop the collection of location information from your mobile device by changing the preferences on your mobile device.

Privacy Notice for Virginia Consumers

PodUP and its affiliates may collect, use and disclose for business purposes your personal data. A full description of the categories and specific pieces of Personal Data collected and the purposes for which it may or can be used can be found above and below. By proceeding you agree to the processing of your personal data as described in our Privacy Policy.

As a Virginia resident you have the following rights regarding your personal data under the Virginia Consumer Data Protection Act (the “VCDPA”) effective as of January 1, 2023:

• Right to confirm if a controller is processing your Personal Data and to access Personal Data
• Right to correct inaccurate Personal Data
• Right to delete
• Right to obtain a copy of Personal Data in portable format
• Right to opt-out of the processing of Personal Data for purposes of targeted advertising, sale, or profiling with legal or other significant effects

To exercise any of your rights, please contact us at support@PodUP.com. The VCDPA applies to individuals who are Virginia residents only, but does not apply to individuals acting in a commercial context (for example, as a representative of a business).

Depending on the specific PodUP service or product you use, the categories of personal data collected may include any or all of the different types of Personal Data described within this Privacy Policy.

Depending on the specific PodUP service or product you use, PodUP and its affiliates may use your Personal Data for various business purposes, including any and all of the Personal Data purposes or categories stated in this Privacy Policy, including, but not limited to: (1) to provide, manage, support and improve our products and services; (2) to maintain and service your account; (3) to verify you, your account activity and your information; (4) to detect, investigate and report fraud, abuse or illegal use of our products and services or customer accounts; (5) to provide customer service; (6) to provide advertising and marketing to our customers; and (7) to measure our marketing campaigns and to audit consumer interactions.

Children

Our Services do not address anyone under the age of 18 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without parental consent, we will take steps to remove that information from our servers.

LINKS TO OTHER SITES AND SERVICES

Our Service contains links to other third-party websites and online services. If you choose to visit another website or online service by clicking on a link, you will be directed to that third party’s website or online service. The fact that we may link to a website or online service is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites and online services, and these third parties may place their own cookies or other files on your computer and collect data or solicit Personal Information and Non-Identifying Information from you. Other sites and online services follow different rules regarding the collection, use and/or disclosure of Personal Information and Non-Identifying Information. We encourage you to read the privacy policies or statements of the other websites or online services you visit before providing any information or using such websites or services.

For reference, privacy policies few social networks are listed below. Incase you wish to go through Privacy Policies and Terms of Use of other social networks that you have connected to PodUP, we encourage you to visit their websites.

PodUP use and transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements.

YouTube: You can connect your YouTube channel to PodUP via YouTube API Services. Make sure you are aware of YouTube Terms of Service and Google Privacy Policy. On disconnecting YouTube channel from PodUP, PodUP will remove the stored data associated with that YouTube channel. In addition, you can revoke YouTube API Services access & permissions from Google Security Settings page.

Updates

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will attempt to let you know via email and/or a prominent notice on our Services, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy. Any use of the Services following the effective date shall be conclusive evidence of your acceptance of said updated Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact

If you have any questions about this Privacy Policy, please contact us by email at: support@PodUP.com.