Last Updated: December 2022

Owner and Personal Information Controller for the purposes of European personal information protection laws:

Spreaker, Inc.

20880 Stone Oak Parkway

San Antonio, TX 78258

[email protected]

Spreaker, Inc. and the other companies in the Voxnest family of companies, including, Voxnest, Dynamo and BlogTalkRadio (collectively “Spreaker”, “we”, “us”, “our”, or “Owner”) are subsidiaries of iHeartMedia.  We are committed to maintaining your confidence and trust as it relates to the privacy of your personal information. This Privacy Policy describes how we collect, protect, share and use your personal information, both offline and online, including as part of our websites, interactive features, and mobile apps (collectively, "Platforms"), and your rights and choices in connection your personal information.  If you are an employee, contractor, or job applicant, your personal information collected in those contexts will be subject to a separate privacy notice that we provide to you where and when appropriate.

QUICK GUIDE TO CONTENTS

1. TYPES OF PERSONAL INFORMATION WE COLLECT
2. HOW WE USE YOUR PERSONAL INFORMATION
3. WE GET PERSONAL INFORMATION FROM VARIOUS SOURCES
4. WE SHARE PERSONAL INFORMATION WITH OTHERS
5. YOUR CHOICES
6. LOCATION OF PROCESSING
7. UNITED STATES PRIVACY RIGHTS
8. ADDITIONAL PRIVACY DISCLOSURES FOR CALIFORNIA RESIDENTS
9. EUROPEAN PRIVACY RIGHTS
10. RETENTION
11. NOT FOR CHILDREN
12. SECURITY
13. CHANGES
14. CONTACT US

1. Types of Personal Information We Collect

We (and the vendors we use to perform services on our behalf) collect, receive, and develop several categories of personal information about you depending on the nature of your interactions with us. For example:

Identifiers: We may collect your name, e-mail address, mailing address, telephone number, date of birth, and social media account usernames and passwords. 

Purchase and Preference Information: We may collect personal information about your purchases and which podcasts or other content you listen to or add to your playlists.

Internet Browser, Usage, and Device Information: We use tracking tools like cookies and pixels to automatically collect information about your interactions with our Platforms, such as your IP address and other unique identifiers for the computer, mobile device, tablet or other device you use to connect ("Device"), including the hardware model and mobile network information. We collect information about your use of the Platforms, including your browser type; operating system; what areas of the Platforms you access and for how long; search terms you enter; how long you stay on a page; which hyperlinks and content you click on; and the page served and preceding page views.

Podcast Creation Information: If you create and publish podcasts through Spreaker, we will have access to any content you upload, as well as statistics and metrics about your podcast’s performance.

Demographic and Protected Classification Information: We may collect your zip code, preferred language for internet browsing, and, if you provide them through your account, your date of birth, race, sexual orientation, and gender.

Location Information: We collect personal information about the general location of your Device when you access or use the Platforms (but not your precise geolocation within the ranges defined by applicable laws unless we get your affirmative consent).

Household Information: Our personal information partner, Nielsen, provides information at a household level about the consumers in a household, such as rough age range, rough income range, general and specific interests and hobbies (whether or not in regard to podcasts), rough education level, purchasing behaviors, and personal information segments.

Professional Information: If you interact with us on behalf of business customers, vendors, or other companies, in addition to other information described in this notice, we may also collect items like your job title, business contact information, office location, compensation or payments, and engagement history with us. 

Sensitive Personal Information: We collect account usernames and passwords and a profile image if you provide one in conjunction with a Spreaker account. Our trusted payment processing vendors collect your credit card or debit card details when you make a purchase. In addition to the above, if you interact with us on behalf of business customers, vendors, or other companies, we may also collect your driver’s license number, background check information, and social security number if relevant to our relationship with you.

Inferences: Using the other pieces of personal information collected about you, we may draw inferences about you, reflecting what we believe to be your interests, characteristics, predispositions, and attitudes.

2.  How We Use Your Personal Information

We use the above-referenced categories of personal information (including sensitive personal information) for the following purposes:

• To provide you with our Platform, products, and services.
• To fulfill transactions.
• For marketing purposes. For example, we might use personal information to provide you with special promotions or offers. We might tell you about new features or services. We might also use your personal information to serve you tailored advertising. To learn about your choices for these communications and for interest-based advertising, read the Your Choices section below.  We also use your personal information to track the effectiveness of our advertising.
• To respond to your requests or questions. We use personal information to contact you in response to your feedback or other matters related to our relationship with you (such as about this Privacy Policy or our Terms of Use).
• For analytics purposes and to analyze and improve our Platform, products, and services. For example, we may use your personal information to make our Platforms, services, and products better. We might use your personal information to customize your experience with us and to conduct research and analysis.
• To comply with our obligations, administer our Platforms, and for our internal operations. For example, we use personal information to administer our website, such as troubleshooting, personal information analysis, and testing.
• For security, safety, and due diligence purposes. For example, we may use personal information to protect our company, customers, and business partners and their respective personnel. We may also use personal information to protect our Platforms or our services, as well as to detect and investigate activities that may be illegal or prohibited (such as cyber-attacks or malicious or fraudulent activity).
• For verification purposes. For example, we will use certain pieces of personal information to verify your identity if you make requests pursuant to this Privacy Policy. The verification steps and the pieces of personal information that we request may vary depending on the sensitivity and nature of your request.
• In the case of business contacts, to administer and manage our relationship with you and your employer (such as record keeping, payments, communicating with you, tracking outcomes, and verifying your eligibility and suitability).
• As otherwise required, disclosed or permitted by law, or as we may notify you.

3.  We Get Personal Information From Various Sources

We get personal information about you from various sources, directly and indirectly, including from the following:

Directly from you. For example, we collect personal information if you sign up for an account, upload a podcast, video, or other content, post comments, or contact us. We also collect personal information you provide if you complete a survey, or otherwise submit information to us. If you are a business contact, we also collect personal information directly from you when we communicate with you, onboard you, or provide/receive products or services to/from you.

Automatically from your Devices. We use tracking tools like browser cookies and web beacons to automatically collect personal information from your Devices. We collect personal information when you interact with our Platform, our online ads, or our emails that we or our vendors send to you. To learn about your choices for these tracking tools, read Section 5 of this Privacy Policy. To learn more about what cookies we use, and for a detailed cookie notice, please read our Cookie Policy.

From our vendors and service providers. For example, vendors that host or maintain our Platform or send promotional emails for us may give us personal information. Payment processing vendors may collect your payment information. Our marketing agencies, advertising technology vendors, analytics providers, and other service providers may also provide us with personal information about you.

From social media and other sources. We may get personal information about you from other parties, such as business and marketing partners and social media platforms. If you create an account using your credentials from a social media site, we may get access to certain information from that social media site. If you are a business contact, we also collect information from other individuals within your organization or from referring parties at different organizations.

From affiliates. From time to time we might get personal information about you from our affiliates within the Voxnest family of companies. 

We combine personal information. We may combine personal information that we have collected offline with personal information we collect online. Or we may combine personal information we get from another party with personal information we already have. We may also aggregate your personal information with other users’ personal information to understand preferences and trends over time.

4.       We Share Your Personal Information With Others

We may share your personal information (including sensitive personal information) as described below:

Affiliates: We may share personal information with our parent and affiliates within the iHeartMedia family of companies, including Voxnest, Dynamo, and BlogTalkRadio.

Vendors and service providers: We may share personal information with vendors and service providers we hire to help us run our business, including those companies that host, protect, or operate our Platform; analyze personal information; provide customer service; send emails for us; process payments; conduct surveys; help run promotional activities; or provide marketing, analytics, or advertising services.

Business partners, advertisers, and advertising companies: We may share personal information with, or make personal information available to, our partners, advertisers, advertising networks, advertising servers, and analytics companies or other third parties in connection with our and their marketing, promotional, and other offers. These third parties may use your personal information for their own advertising, analytics, planning, market research, or other business purposes. If you connect your Spreaker account to a third-party application or social media platform, we may share your personal information with that service, and such personal information may be attributed to your account on the third party platform and published on such service. Likewise, if you log into a third-party application with your Spreaker account, that third party application may have access to certain personal information such as your Spreaker playlists and activity. You can send invitations, or any other type of communications related to any podcasts or other content created within Spreaker by using external social networks. In these cases, the personal information will be processed by such third parties according to their privacy policy and without any possibility for us to exercise any kind of control over the further processing of the personal information you share. We may share your IP address with personal information enrichment providers like Nielsen.

Other users: Spreaker offers many ways to find, enjoy, and share podcasts and other content. Please be aware that other users of Spreaker might re-post or otherwise share what you post, as well as information about content that you post. Your name and/or username, profile picture, and your Spreaker user profile are publicly available to other users. Certain activity on the Platform (e.g., total downloads, total live plays, total likes, and total followers) is made publicly available by default and can be accessed by other users.

Business transfers: As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all or substantially all of our assets, or assets related to the Platform, your personal information may be disclosed to such entity as part of the due diligence process and may be transferred to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such personal information may be considered an asset of ours and as such may be sold or transferred to third parties.

Legal compliance: We may share personal information with third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our Terms of Service or other applicable policies; to respond to an emergency; or otherwise, to protect the rights, property, safety, or security of other parties, visitors to our Platforms, or the public.

Other disclosures: We may share personal information for other reasons we may describe to you from time to time as permitted by law.

5.    Your Choices

You may exercise certain rights regarding how we use your personal information.

You can opt out of receiving our marketing emails. To stop receiving our promotional emails, you can follow the instructions in any promotional message you get from us (such as clicking the “unsubscribe” or similar link within the email). Even if you opt out of getting marketing messages, we will still send you transactional messages, such as responses to your questions.

You can control certain location tracking tools. To control the collection of your location on your mobile device, you can adjust the settings on your mobile device, such as by disabling location services or by turning off the Bluetooth, Location Services, and Wi-Fi.

You can control certain cookies and tracking tools. Your browser may give you the ability to control cookies or other tracking tools. You may be able to block new cookies from being placed, and you may be able to delete existing cookies from your browser. How you do so depends on the type of tool. Certain browsers can be set to reject browser cookies, and you should refer to your browser’s help menu. Since flash cookies do not reside in your browser, your browser settings will not affect them. To learn how to control flash cookies, please click here. If you block or reject cookies, not all the tracking described here will stop.

You can opt out of interest-based advertising.  We and third-party advertising networks, social media companies, and other services may use tracking tools like cookies to collect information about your use of our Platform, so that they or we can display interest-based advertising using information gathered about you over time and across multiple websites or other platforms. To opt out of having your behavior tracked for purposes of tailoring ads, please visit http://www.youronlinechoices.com (Europe), http://www.aboutads.info/choices (United States) and https://optout.privacyrights.info (United States). You can also disable advertising cookies by using the cookie preference tool on this website or clicking the Do Not Sell or Share My Personal Information link in the footer of this webpage. Your opt-outs are browser- and device-specific, so you should make these selections on each device and each browser you use. If you clear your cookies or your browser’s cache, you will need to set your preferences again.

We use Google DoubleClick for Publishers.   DoubleClick for Publishers is an advertising service provided by Google, Inc. that allows Spreaker to run advertising campaigns in conjunction with external advertising networks that we, unless otherwise specified in this document, have no direct relationship with. You may disable all the Double-click Cookies by clicking on: http://www.google.com/settings/ads/onweb/optout.

We use Google Analytics to better understand how our users interact with our websites. You can learn about Google Analytics’ currently available opt-outs at https://tools.google.com/dlpage/gaoptout/

You can control push notifications.  Spreaker’s mobile app may send push notifications to you from time to time.  If you no longer wish to receive push notifications, you can turn them off at the device level in your mobile app settings.

Our “Do Not Track” Policy:   Some web browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. Spreaker does not currently support “Do Not Track” requests.

6.   Location of Processing

The personal information is processed at our operating offices in the United States and in any other places where our service providers are located.  Depending on your location, personal information transfers may involve transferring your personal information to a country other than your own. The standard of personal information protection in the United States and in certain other countries where we may process your personal information is considered by the European Commission to be not adequate when compared to the personal information protection standards of the European Union and European Economic Area. By using our Platform, you consent to such transfer, storing, and processing.

7.   Your United States Privacy Rights

Where provided for by applicable privacy laws in the United States, you may be entitled to exercise some or all of the following rights with respect to your personal information:

• Access / Right to Know: You have the right to confirm whether we process personal information about you and to request that we disclose to you the following: (i) the categories of personal information that we have collected about you (including sensitive personal information); (ii) the categories of sources from which we have collected personal information about you; (iii) the business or commercial purpose for collecting or selling your personal information; (iv) the categories of personal information that we have sold about you and the categories of outside parties to whom the personal information was sold; (v) the categories of personal information that we have disclosed about you for our business purposes and the categories of suppliers to whom the personal information was disclosed; (vi) a portable copy of the specific pieces of personal information that we have collected about you; and (vii) information about the logic involved in any automated decision-making processes used by us (if applicable), as well as a description of the likely outcome of the process with respect to you.
• Deletion: You can request that we delete the personal information that we maintain about you, subject to certain exceptions.
• Do Not Sell My Personal Information or Share my Personal Information for Behavioral Advertising: You can opt-out of the sale of your personal information and the sharing of your personal information for cross-context behavioral advertising by clicking the “Do Not Sell or Share My Personal Information” link in the footer of this webpage. If you would like to opt out of cookie-based tracking for advertising purposes (which could be a “sale” or “sharing” under applicable law), you will need to update your cookie preferences on this webpage or through the “Do Not Sell or Share My Personal Information” link in the footer of this page. Your cookie selections are specific to the device, website, and browser you are using. Your selections are deleted whenever you clear your cookies or browser’s cache.
• Correct or Update my Personal Information: You have the right to request that we correct, update, or modify the personal information we maintain about you. If you have an account, you can also update your profile information any time by visiting the account settings page within your account.
• Opt-out of Automated Decision-Making: You have the right to request to opt-out of any profiling or automated decision-making, to the extent we engage in those processing activities.
• Limit the Use of my Sensitive Personal Information: In relation to any sensitive personal information identified in Section 1 above, you can request that we limit our use and sharing of such information only to those uses which are described under applicable privacy law. Please note that we only use your sensitive personal information as necessary to carry out our relationship with you (such as providing our goods and services that you’ve requested, maintaining the quality of our services, or protecting our services against illegal activity), or as otherwise allowed by relevant privacy laws.

You will not to be discriminated against for exercising these rights.  We will not deny you any products or services, nor charge you different prices, in retaliation for exercising your privacy rights. 

We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain personal information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, and to process transactions and facilitate customer requests. As noted earlier, if you are an employee, contractor, or job applicant, your rights with respect to your personal information collected in those contexts will be described in a separate privacy notice that we provide to you where and when appropriate.

Eligible individuals can request to exercise these rights by any of the methods set forth below:

• online using one of our webforms: 
  1. Complete this form to exercise your rights to correct your information, delete your information, understand the categories/use of your information, or request a portable copy of your information
  2. Complete this form to exercise your right to not sell or share your personal information. 
• via email to [email protected]

We will take reasonable steps to verify your identity prior to responding to your requests. The verification steps will vary depending on the sensitivity of the personal information and whether you have an account with us.

You may designate an authorized agent to make a request on your behalf. When submitting the request, please ensure the authorized agent identifies himself/herself/itself as an authorized agent.

8. Additional Privacy Disclosures for California Residents

For purposes of California residents making these requests, please also note the following regarding how we collect, use, and share your personal information:

WHAT CATEGORIES OF PERSONAL INFORMATION DO WE COLLECT?

We collect the following categories of personal information about you: Identifiers; payment and customer records information; characteristics of protected classifications under California or federal law; commercial information; professional or employment-related information; internet or other electronic network activity information; geolocation information; sensitive personal information; and inferences. For more information, please refer to Section 1 of this Privacy Policy.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We collect and use the above categories of personal information for the business and commercial purposes described in Section 2 of this Privacy Policy.

WHAT ARE THE SOURCES OF THE PERSONAL INFORMATION WE COLLECT?

We collect the above-mentioned categories of personal information from the following categories of sources, as further described in Section 3 of this Privacy Policy: directly from you; automatically from your devices; from our service providers; from social media; from our data partners and data providers like Nielsen; and from our corporate affiliates, subsidiaries, and/or parents.

WHO DO WE SHARE PERSONAL INFORMATION WITH?

We may disclose each of the above-mentioned categories of personal information to the following categories of outside parties, as further described in Section 4 of this Privacy Policy: our affiliates, subsidiaries, and/or parents; service providers; data partners; advertising partners and advertisers who advertise on our Platform; data analytics providers; social networks; other Platform users; with entities for legal compliance or law enforcement purposes; and with potential acquirers of parts of our business.

WE “SELL” AND “SHARE” PERSONAL INFORMATION

We may “sell” or “share” the following categories of personal information: Identifiers; Commercial Information; Personal Information Categories listed in Cal. Civ. Code § 1798.80(e); Geolocation Information; Inferences; and Browser, Usage, and Device Information.  We may “sell” or “share” these categories of personal information to the following categories of third parties, as further described in Section 4 of this Privacy Policy: data partners; advertising partners and advertisers who advertise on our Platform; and social networks.  We do not knowingly sell or share the personal information of consumers under 16 years of age.

SENSITIVE PERSONAL INFORMATION

We do not use or disclose sensitive personal information for purposes other than those specified under applicable California privacy regulations.

9.  Your EU and UK Privacy Rights

For purposes of European law, we process personal information on the following legal bases:

Contract: It may be necessary for us to process your personal information (e.g., payment details and contact information) in fulfilling your subscription or other contract you have entered into with us. If you do not provide your personal information to us, we will not be able to carry out our obligations under the terms of the contract.

Legitimate Interests: We are permitted to process your personal information if it is based on our legitimate interests. Examples of when we rely on our legitimate interests to process your personal information include when we analyze your use of our Platforms to help improve and customize the Platform; to respond to your inquiries and complaints; for security and fraud prevention; for our internal administrative and operational purposes; and to better understand your interests and preferences to make our marketing more relevant.  

Consent: Where you have given us consent to do so, we may send you, or permit third parties to send you, marketing communications about goods or services which we feel may interest you. You have the right to withdraw your consent at any time. Please see the Your Choices section above to find out how.

Legal Claims: We may need to process your personal information to comply with law, or to defend or establish a legal claim (for example, claims relating to the sale of our services under contract law).

Where provided under applicable European law, you have the right to do the following:

The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your personal information, and what your rights are. This is why we are providing you with the information in this Privacy Policy.  

The right to refuse or withdraw consent at any time. You have the right to refuse to give consent, or to withdraw consent where you have previously given your consent, to the processing of your personal information.

The right to object to processing of your personal information. You have the right to object to certain types of processing of your personal information, in particular if the processing is carried out on the legal basis of our legitimate interests. You can object to processing of your personal information for direct marketing purposes at any time without providing any justification, and we will no longer process your personal information for such purposes.

The right to access your Personal Information. You have the right to learn if personal information is being processed by us, to obtain information regarding certain aspects of the processing, and to obtain a copy of the personal information undergoing processing. This is so you are aware and can check that we are using your personal information in accordance with personal information protection law.

The right to verify and seek rectification. You have the right to verify the accuracy of your personal information and ask for it to be updated or corrected if it is inaccurate or incomplete.

The right to restrict processing of your personal information. You have the right, under certain circumstances, to restrict or “block” the processing of your personal information. In this case, we will not process your personal information for any purpose other than storing it. We may keep lists of people who have asked to restrict the processing of their personal information, to make sure the restriction is respected in the future.

The right to erasure or removal. This is also known as the “right to be forgotten”. You have the right, under certain circumstances, to have your personal information deleted or removed, where there is no compelling reason for us to keep using it. This is not a general right to erasure, and there are certain exceptions.

The right to personal information portability. You have the right to receive your personal information in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the personal information is processed by automated means and that the processing is based on your consent, or on a contract which you are part of (or on pre-contractual obligations thereof).

The right to lodge a complaint. If you are not satisfied with our response to your complaint or believe our processing of your personal information does not comply with applicable personal information protection law, you have the right to bring a claim before your competent personal information protection authority.

How to exercise these EU privacy rights: Any requests to exercise these rights can be directed to us by clicking here. These requests can be exercised free of charge.

10.  Personal Information Retention

Personal information will be processed and stored for as long as required to comply with our legal obligations, resolve disputes, enforce our agreements, or fulfill the purpose the personal information has been collected for. The criteria used to determine the appropriate retention period include: Regulatory requirements that we are subject to, including laws and regulations related to tax, employment, accounting, and securities; whether a legal claim might be brought against us, for which the information would be relevant; the necessity of the information to provide our services to our customers; and the types and sensitivity of personal information being processed.

11.  Not for Children

Spreaker is not intended for use by children, especially those under age 13. No one under age 13 is allowed to register for the Service or provide any personally identifiable information or use our social, community and public discussion areas, photo and video galleries, chats, and elsewhere. Minors between the ages of 13 and 17, inclusive, must get the permission of their parent(s) or legal guardian(s) before using the Service. If your children disclose information about themselves in publicly accessible areas of the Service, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so. If you're worried about your children's activities or their privacy on the Platform, we encourage you to contact us at the contact details available at the beginning of this document.

12.  We Use Standard Security Measures

We take appropriate security measures designed to prevent unauthorized access, disclosure, modification, or unauthorized destruction of your personal information.  However, the Internet is not 100% secure, and we cannot promise that your use of our Platform or services will be completely safe. Any transmission of your personal information to our websites is at your own risk. We encourage you to use caution when using the Internet.

13.  Changes to this Privacy Policy

We reserve the right to make changes to this Privacy Policy at any time by giving notice on this page and possibly within Spreaker and/or – as far as technically and legally feasible – sending a notice to users via any contact information available to us. It is strongly recommended to check this page often, referring to the date of the last modification listed at the top.  

14.  Contact Us

Please contact us at the information provided at the top of this Privacy Policy if you have any questions, comments, or concerns about this Privacy Po