A. Collected Data- Data collected by us by either connecting to the Sources (as defined below) on behalf of our users, or accessing uploaded data provided by our users. Collected Data does not include public data directly available via the Sources. Collected Data shall only be limited to contact information (mobile number and email address), country, Podcast name and Podcast data and shall not include personal information of the content creator.
B. Source Account Information- Account credentials, such as login and password information, for accessing data from a specific Source (as defined below).
C. Sources- Online third-party data sites, services and sources, which may include, without limitation, Anchor, Spotify, Apple iTunes, Google Play and other podcast stores, including YouTube, facebook as well as digital distribution, analytics, advertising and monetization platforms. Sources may also include third-party products and services that incorporate SDKs (or similar pieces of functionality) provided by Podmetrics.
D. Podmetrics Artificial Intelligence- The sections of our Services where subscribers receive estimates of podcast performance (e.g., downloads, listens/plays, demographics, revenues, etc.), including across publishers, industries, geographies and marketplaces.
E. Aggregated Data- processed data from the Collected Data. This refers to performance reports or analytics of any particular podcast.
Changes to the Terms
We reserve the right to update and revise the Terms at any time. We’ll make sure to also change the “Date of Version” date at the bottom of this page so you can tell if the Terms have changed since your last visit. Any such changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.
PNA grants you a limited license to access the Site and use the Services in accordance with the Terms and the instructions and guidelines posted on the Site. PNA reserves the rights to terminate your license to use the Site and Services at any time and for any reason or in the future charge for commercial usage.
Eligibility; User Restrictions
We only permit individuals who are at least 18 years old, or the age of majority in your province, territory or country, and who can form legally binding contracts with us to use the Services. Individuals under the age of 18, or the applicable age of majority, (“Minors”) may utilize the Services only with the consent and support of a parent, legal guardian or other qualified adult. If you are a parent or guardian and you allow your Minor to use the Services, you agree to be bound by the Minor’s use of the Services and by these Terms. If you are a Minor and do not have the requisite parent or guardian consent, please do not attempt to access or use the Services.
You can only use or receive the Services to the extent the laws of your jurisdiction do not bar you from doing so.
Please make sure the Terms are in compliance with all laws, rules and regulations that apply to you. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Access to Services; Account Registration
By accessing the Services, you warrant that: (i) You are of legal age without any impediments, and is legally capable of entering into binding contracts; (ii) All information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information by subsequently changing such information, when changes in information arises; and (iv) Your use of the Services does not violate any applicable law or regulation.
To access our Services, you may be required to register with the Site and create a Podmetrics account (the “Account”). If you create the Account, you are solely responsible for any activity that occurs through the Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and up to date information for the Account at all times. You agree that all information that you submit upon creation of the Account is accurate and truthful and you have the right to post the content on the Service and grant a license to PNA. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.
You should not share your Account information. You should not use another person’s Account or registration information for the Services without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. You can always have your account deleted by emailing firstname.lastname@example.org.
Rights Granted to PNA
By using the Site or the Services, you expressly authorize us to use your Source Account Information to access your Collected Data that is maintained by the Sources. We take reasonable measures to maintain the security of the Source Account Information.
For purposes of the reasonable use of the Site and the Services, you grant us permission to access Sources, store your Source Account Information and retrieve and use your Collected Data and perform each action necessary in connection with such activities, as you could do in person, such as but not limited to aggregating your data. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING AND RETRIEVING COLLECTED DATA, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF A THIRD PARTY.
Please note that we may access and include your Collected Data in the pool of data used by our statistical model to generate and provide estimates of podcast performance (e.g., downloads, revenues, and rankings), including across publishers, industries, geographies and marketplaces, to subscribers of Podmetrics.
Furthermore, subscribers to Podmetrics may receive your specific set of Aggregated Data in an identifiable form. You hereby acknowledge and consent to the use of your Aggregated Data in this manner by using the Site or the Services. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT ACTING AS YOUR AGENT IF WE USE YOUR COLLECTED DATA (IN OUR STATISTICAL MODEL) TO GENERATE AND PROVIDE ESTIMATES OF PODCAST PERFORMANCE TO SUBSCRIBERS SERVICES.
If you have any questions about the foregoing, please contact us at email@example.com.
Except as described herein, your specific set of Collected Data will not be provided to a third party in an identifiable form without your consent, unless we conclude that it is required by law, such as to comply with a subpoena or similar legal process, or when we believe in good faith that disclosure is necessary to protect our rights, implement a change of control transaction, protect your safety or the safety of others, investigate fraud, or respond to a government request. However, for purposes of monetising your Podcast, Podmetrics may grant access to your aggregated data to prospective brand partners such as:
Total Listens Ave. Listens per Episode Aggregate Audience Demographics (Sex, Age Distribution) Aggregate Audience Geolocation
Upon matching and acceptance of a campaign, a more detailed look into your specific listenership may be provided such as:
Sponsored Episodes Listens Aggregate Audience Demographics (Sex, Age Distribution) Aggregate Audience Geolocation Campaign Clicks Campaign Conversions or Sales Campaign Commissions
In addition to the foregoing, you hereby grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to use your Collected Data for internal purposes to operate and improve the Services for you and other customers, and to build and operate new services and products.
You are solely responsible for your use of the Site and Services. User-posted content does not represent the advice, views, opinions or beliefs of PNA, and PNA in any way makes no claim of accuracy of any user-posted material.
Podmetrics allows for the publication to third-party websites or submission to any third party. PNA is not responsible for the content published or submitted.
Podmetrics also allows the linking of the Account to third party sites in the use of the Site or Services. In accessing the Site and Services or linking to third-party websites, your third-party accounts and the data therein will be aggregated and used in the Site or Service alone. If you do not want this, you agree that your only recourse is to stop using the Site and Services.
Finally, the inclusion of a third-party link on the Site or Services does not imply any endorsement by or any affiliation with PNA or Podmetrics.
By posting content, you are granting permission to us and others to access and use it in connection with the Services, the Site and otherwise in connection with our business. Please note that just because your content does not have a license agreement attached to it does not mean that it is public domain. Your use of a license in connection with your content does not affect PNA's right to access and use it in connection with the Services, the Site or otherwise in connection with our business.
Acceptable Content / Behavior
In particular, you agree to abide by all applicable local, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Site.
PNA is not responsible for the manner or circumstances by which third parties access or use public content and is under no obligation to disable or otherwise restrict this access.
You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by the owners of that Content (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by PNA (if applicable) or the owners of that Content, in a separate agreement.
Feeds and API
PNA may provide access to portions of its Site and Services via RSS feeds and an API; for the purposes of these Terms, such access constitutes use of the Site and Services. PNA asks that you use these features respectfully, as outlined in the documentation. You may not use these or any other features or the Site itself to allow the display of a substantial portion of the Podmetrics database or reproduce, duplicate or copy the Site. PNA reserves the rights to change these features at any time and to disable access to the feeds and the API at any time for any reason.
By using the Site or the Services, you acknowledge that PNA and the Podmetrics logo and design are not yours and such trademarks may not be used without express written permission from PNA.
All other trademarks not owned by PNA that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PNA.
PNA-originated content included on the Site, such as text, graphics, logos, data compilations, APIs, software and the compilation of all content on the Site, is the property of PNA and its licensors and protected by relevant copyright laws. Except as set out in these Terms, no reproduction of any content is permitted without written permission from PNA.
PNA respects the intellectual property of others, and we ask our users to do the same. PNA has no responsibility for content on other web sites that you may find or access when using our products or services. Material available on or through other websites may be protected by copyright and the intellectual property laws of the Philippines and/or other countries. The terms of service of those websites, and not the PNA or Podmetrics Terms, govern your use of that material.
It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may infringe the copyrights or other intellectual property rights of PNA and/or others.
Intellectual Property Violations and Agent for Notice
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide PNA's Copyright Agent with the following information: 1 an electronic or physically signed authority to act on behalf of the owner of the copyright or other intellectual property interest; 2 a description of the copyrighted work or other intellectual property that you claim has been infringed; 3 a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the web site; 4 your address, telephone number, and email address; 5 a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; 6 a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our copyright agent can be reached as follows: firstname.lastname@example.org
No Warranty and Limitation of Liability
WE PROVIDE THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH US SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES.
YOU EXPRESSLY ACKNOWLEDGE THAT PNA DISCLAIMS ANY LIABILITY FOR DAMAGES INCURRED BY YOU AS A RESULT OF SANCTIONS IMPOSED BY THIRD PARTIES BECAUSE OF YOUR USE OF THE SITE OR THE SERVICES. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE SITE OR THE SERVICES. YOU AGREE THAT WE HAVE NO LIABILITY WITH RESPECT TO ANY MATERIALS YOU PUBLISH OR DISTRIBUTE.
You agree to defend, indemnify and hold harmless the PNA, Podmetrics, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services or your use of any information obtained through the Services.
At our sole discretion, we may require you to submit any disputes arising from these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under a jurisdiction of our choice.
If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
We take our commitment to users and customers seriously, and we’ll do what we can for you. However, we will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including (but not limited to) mechanical, electronic or communications failure or degradation, labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, or our inability or delay in obtaining supplies of adequate or suitable materials.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
These Terms are governed by the laws of the Philippines without reference to conflict of laws principles. The parties agree to submit to the Philippines for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms. Any notices must be sent to PNA in English at email@example.com.
We understand that the use of the Site or the Services requires statistical and financial data to be stored on our servers, and that steps must be taken to ensure this data stays private. We use industry-standard SSL encryption to secure the transmission of your data between you and our servers, and between our servers and third parties. Third-party account credentials are encrypted at rest using AES-256 and external key storage.
To further ensure your security, we recommend limiting the access of any accounts you provide to PNA only to data you would like us to receive.
You are only authorized to use the Site or the Services to retrieve information that you have lawful rights to access and provide to us.
A. Information You Provide
We may collect information you provide directly via the Services. We may ask you for some or all of the following types of information when you register with our Services, submit comments and other content, order products, or directly contact us with questions or feedback: 1. Your name 2. Phone Number 3. Age 4. Country 5. Email address 6. Podcast Name 7. Podcast Description 8. Podcast Artwork 9. Podcast Category 10. Your password and user information for certain third-party accounts you hold 11. The information you provide may include Personal Information. “Personal Information” is information that identifies you personally (whether alone or in combination). 12. If you purchase our Services, you may be required to provide financial information, such as your credit card or bank account number, to a third-party payment processor. We do not collect or store such financial information and we are not responsible for the collection or storage of such information by third parties. We will, however, have access to certain information associated with your account should you purchase the Services, including the amount and date of the purchase.
B. Information We Automatically Collect We may also collect certain information automatically when you visit the Services, including:
Your browser type and operating system Your Internet Protocol (IP) address, which is the number automatically assigned to your computer whenever you access the Internet and that can sometimes be used to derive your general geographic area Geolocation information Other unique identifiers, including mobile device identification numbers Sites you visited before and after visiting the Services Pages you view and links you click on within the Services Information collected through cookies, web beacons, and other technologies Information about your interactions with e-mail messages, such as the links clicked on and whether the messages were opened or forwarded Standard Server Log Information
We collect the above information in a variety of ways, including by using “pixel tags”, “web beacons”, and “cookies.”
Cookies are small bits of information that are stored by your computer’s browser. You can decide if and how your computer will accept a cookie by configuring your preferences or options in your browser. However, if you choose to reject cookies, you may not be able to use certain online products, services or features on the Services.
Pixel tags are very small images or small pieces of data embedded in images, also known as “web beacons” or “clear GIFs,” that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device.
C. Third-Party Information Collection
We may allow third parties to place and read their own cookies, web beacons, and other technologies to collect information through the Services. For example, our third-party service providers may use these technologies to collect information about your visits to this and other websites, mobile websites and/or mobile applications across your various devices. This information is used for traffic measurement, research, analytics and behavioral advertising.
The information collected and stored by third parties remains subject to their policies and practices. We do not control these third parties’ tracking technologies or how they may be used.
We currently use the services of the following third-party vendors, who may collect your information. You can click on the hyperlinks below to view their privacy policies. Google Analytics (https://policies.google.com/technologies/partner-sites) Facebook Pixel (https://www.facebook.com/legal/FB_Work_Privacy)
D. How We Use Your Information We may use information that we collect about you or that you provide to us, including Personal Information, to measure usage of the Services, to analyze the effectiveness of our Services, to conduct research, to improve and enhance functionality of the Services, to provide support for the Services and respond to requests and inquiries, to provide you with notices, such as updates or changes that we may make to the Services, and to market and advertise the Services, including through promotional e-mail messages, directly or in partnership with other parties, and by displaying our advertisements on other websites that you visit or use. We may also use this information to offer you targeted advertising in order to personalize your experience by showing you advertisements for products and services that are more likely to appeal to you (a practice known as behavioral advertising). Data collected from a particular browser or device may be used with another computer or device that is linked to the browser or device on which such data was collected.
We may from time to time aggregate information in certain data analysis, reports, or other interpretations of trends for both internal and external purposes.
E. Choices About How We Collect, Use and Disclose Your Information We strive to provide you with choices regarding our collection, use and disclosure of the information you provide to us. The mechanisms listed below aim to provide you with control over such collection, use and disclosure: Marketing Communications. If you do not want us to send you marketing or promotional communications, you can opt-out by clicking the “unsubscribe” link in any such promotional emails, checking the relevant box located on the form on which we collect your data or emailing us at firstname.lastname@example.org. Cookies. You have the option to accept or disable cookies at any time through your browser. You may refuse to accept browser cookies by activating the appropriate setting on your browser. If you choose to disable your cookies, your user experience may be limited. Google Analytics. You can opt out of tracking by Google Analytics by using Google’s Ads Settings or going to https://tools.google.com/dlpage/gaoptout/. You may also opt out of Google marketing products, but please note that this does not opt you out of being served generic ads. Third-Party Advertising. If you are interested in more information about tailored advertising and your choices to prevent third parties from delivering tailored web advertisements, you may visit the following websites: http://www.networkadvertising.org/choices/ or http://www.aboutads.info/choices/. These opt-out tools are provided by third parties. We do not control or operate these tools or the choices that advertisers and others provide through these tools. Cross-Device Data Collection. You can opt out of cross-device data collection by emailing us at email@example.com.
F. Disclosure of Your Information We want you to understand when and with whom we may share the information we collect. We may disclose information that we collect through the Services with third parties as follows: Service Providers. We may share your information with our agents and service providers that perform certain functions or services on our behalf, such as to host the Services, manage databases, perform analyses, or conduct surveys. Business Partners. We will not share your email address with business partners without your explicit permission unless required to do so by law. Other Parties When Required By Law or as Necessary to Protect the Services. We may disclose your information to third parties in order to protect the legal rights, safety, and security of Podmetrics and the users of our Services; enforce our Terms of Service; prevent fraud; and comply with or respond to law enforcement or a legal process or a request for cooperation by a government or other entity, whether or not legally required. In Connection With a Transfer of Assets. If we sell all or part of our business, or make a sale or transfer of assets, or are otherwise involved in a merger or business transfer, or in the event of bankruptcy, we may transfer your information to one or more third parties as part of that transaction. Other Parties With Your Consent. We may share information about you with other third parties when you consent to such sharing. Aggregate Information. We may disclose to third parties information that does not describe or identify individual users, such as aggregate website usage data or demographic reports.
You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.
G. Social Networking Services The Services may allow you to post information to various third-party services or platforms, such as social networking services like Instagram, Twitter and Facebook (and similar platforms). You acknowledge that if you choose to use this feature, your friends, followers and subscribers on these third-party services or platforms will be able to view such activity. If you choose to access or make use of third-party social networking services, we may receive information about you that you have made available to those social networking services, including information about your contacts on those social networking services. The use of the information by such social networking websites will be governed by their privacy policies, and we do not control their use of the shared data.
I. Do Not Track Signals Third parties may keep track of your browsing activities across third party websites. Certain web browsers enable users to activate a “Do Not Track” signal but we do not currently respond to the “Do Not Track” signal or other similar mechanisms.
You acknowledge that PNA may establish general practices and limits concerning use of the Services, including the maximum storage space that will be allotted on Podmetric’s servers on your behalf. You further acknowledge that PNA reserves the right to change these general practices and limits at any time, in its sole discretion. We will endeavor to give you notice of any such change where required by applicable law.
K. Accessing and Correcting Your Information If you wish to access, update, correct or delete any Personal Information in our possession that you have previously submitted via the Services, you may log into your account and make updates. If you wish to make changes not available through your account settings, please contact us at firstname.lastname@example.org.
L. Security We take reasonable steps to protect the Personal Information provided to us from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Information to us via the Internet. In the event that personal information is compromised as a breach of security, PNA will promptly notify our customers in compliance with applicable law.
M. International Users Please note that the Services are directed towards users who reside in the Philippines. By using the Services, you consent to the collection, storage, processing, and transfer of your information in and to the United States, or other countries and territories, pursuant to the laws of the United States. Some of these countries may not offer the same level of privacy protection as your own.
Date of Version: January 25, 2021