SoundStack Services Privacy Notice

Thank you for taking the time to read our privacy notice (the “Privacy Notice”). At SoundStack, Inc. (“SoundStack”, “we”, “our”,  or “us”), your privacy is of the utmost importance. This Privacy Notice sets out how we collect, use, process, store, share and disclose your personal information in providing our audio-as-a-service platform, including analytics and advertisement insertion services for our customer’s audio streams and podcasts (collectively, the “Services”). By accessing and using our Services you freely and expressly consent to the collection, use, processing, storage, and disclosure of your personal information as set out in this Privacy Notice.

Table of Contents

1. When We Collect Information

2. Types Of Personal Information We Collect

3. How We Use Your Information

4. How We Disclose Your Personal Information

5. Your Privacy Choices

6. Security

7. Retention

8. U.S. State-Specific Disclosure

9. UK/EEA Residents’ Notice

10. Children’s Privacy

11. Third-Party Links

12. Changes To This Privacy Notice

13. Contact Us

When We Collect Information

We may collect personal information that you provide when you:

• Listen or interact with the on-demand or live-streamed content of our business customers (“Customers”); 

• Use our Services;

• Communicate with us.

Types Of Personal Information We Collect

Information provided by our Customers:

• Information about employees and contractors of our Customers (“Customer Personnel”), including without limitation, the employee’s name, the Customer they work for, email address, phone number, timezone, access permission, login date timestamp, and any other information provided. 

• Customer payment information such as credit or debit card information.

• Information from your inquiries into our Services, or how you otherwise indicate you may be interested in our Services, which may include providing us with your name, work email, phone number, company name, position title, website, social media links, and time zone.

• Information from your interactions with the on-demand or live-streamed content of our Customers (“Customer Properties”) through Customer platforms including:

  • IP Address;

  • User Agent String (Device Type);

  • Requested URL;

  • HTTP Headers;

  • Imprecise location derived from the IP address.

Information we automatically collect:

• Information about your interactions with Customer Properties including, but not limited to:

  • Unique identifiers such as IP address and mobile advertising ID (MAID);

  • Metadata such as device type, browser type, session start/end, timestamp, requested URL, HTTP headers, imprecise location information (derived from IP address); and

  • The name, genre and type of the content requested (on demand or live-streamed) including inferences. 

• Metadata and analytics about your use of our Platform Services, including IP address, device information, date/time of visits, new or returning visits, products viewed, page response times, URL clickstreams, how long you stay on our pages, what you do on those pages.

Information from third parties:

• Unique identifiers such as IP address, device ID, and mobile advertising ID (MAID)

• Metadata such as device type, browser type, session start/end, timestamp, requested URL, HTTP headers, imprecise location information (derived from IP address).

We may make inferences about Listeners such as Listener interests that we believe are relevant to you based on the information we have collected. 

How We Use Your Information

We use the personal information we collect for the following purposes:

• To operate and improve our Platform Services, namely SoundStack Engine, SoundStack Insights, and SoundStack Podcaster;

• To provide our advertising services in coordination with other advertising ecosystem participants;

• To process payments securely;

• For customer support;

• For our own marketing and advertising purposes;

• For other business and legal purposes, such as to detect and prevent fraud, to collect amounts owing to us, and to maintain business records;

• With your consent.

How We Disclose Your Personal Information

We may disclose your information with your consent. We may also share your information with our corporate affiliates and our vendors or service providers who: 

• Help manage our business, IT systems and deliver our Services, such as Amazon Web Services to host our platform and cloud based services; and

• Connect our technology into the audio advertising ecosystem in order to provide our advertising Services. Ecosystem partners include demand-side platforms, data management platforms, ad networks, and analytics platforms.

In addition:

• We may share your personal information in order to: 

  • Protect the legal rights of our company, our employees, our agents, and our affiliates;

  • Protect the safety and security of our customers;

  • Detect and protect against fraud; and

  • Comply with law or legal process.

• We may share your personal information as part of a business transition.

  • We may also share your personal information with prospective purchasers exclusively to evaluate the proposed transaction; and

  • We may also share your personal information with another company that buys the assets or stock in us. That company may use and disclose personal information for purposes similar to those described in this Privacy Notice.

We may share de-identified, aggregate, or anonymous information for any purpose. This means that the information we share does not identify specific individuals, or is combined with other data to protect your privacy.

Your Privacy Choices

You have the right to exercise the following choices with our use of your personal information:

• Access the personal information we maintain about you; 

• Delete the personal information we maintain about you; 

• Correct inaccurate personal information we maintain about you;

• Opt out of certain uses of your personal information, notably:

  • B2B email marketing. You can unsubscribe from our email list by clicking the unsubscribe link at the bottom of marketing emails; and

  • Services related targeted advertising. You can opt out of the targeted advertising we do in providing our monetization services to our Customers, on the websites and platforms where you listen to streaming content, or through ad industry initiatives like the DAA’s opt-out tools. 

You can exercise these rights by contacting us at [email protected]. 

Security

We protect information we collect about you by maintaining physical, electronic and procedural safeguards designed to prevent unauthorized access to user data retained in our servers, however, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information provided online. We take reasonable precautions to protect your information both online and offline. The servers on which we store data are kept in a secure environment.

Retention

We will retain your information for as long as your account or inquiry is active or as needed to provide the Services, and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your Personal Information, we may continue to retain and use aggregate or anonymous data previously collected and/or anonymize or aggregate your Personal Information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

California and U.S. State-Specific Disclosure

California and other U.S. states have enacted comprehensive privacy laws. If you are a resident of California, Virginia, Colorado, Connecticut, Utah, Oregon, Texas, or Montana, you have certain privacy rights detailed herein. 

Your Privacy Rights:

• Know: You have the right to know the personal information we collect about you, how it is used and how it is sold or shared. This information is detailed in this Privacy Notice. 

• Access: You have the right to access specific pieces of personal information we maintain about you in readable format. 

• Delete: With certain exceptions, you have the right to have your information we maintain about you deleted. Please note that by deleting your personal information we may not be able to provide our Services to you. 

• Correct: You have the right to correct inaccurate personal information we maintain about you. You can correct inaccurate personal information in your account under ‘Profile’.

• Opt Out of Sale: You have the right to opt out of the sale of your personal information. Some of the monetization services we provide our Customers may constitute a ‘sale’ of listener personal information. As a business we do not “sell” your personal information.

• Opt Out of Targeted Advertising (or ‘Share’) Using Your Personal Information: You have the right to opt out of targeted advertising. Some of the monetization services we provide our Customers may constitute targeted advertising or a ‘share’ of listener personal information. As a business we do not at this time “share” your data on our own behalf.

• Sensitive Personal Information: For residents of Virginia, Colorado, Connecticut, Oregon, Texas, and Montana we may only process your sensitive personal information if you opt in. You may opt out at any time. California and Utah residents have the right to opt out of the processing of their sensitive personal information. We do not collect sensitive personal information except as necessary to provide our Services. Nondiscrimination: you have the right to not be discriminated against for exercising these rights. 

You can exercise these rights by contacting us at [email protected].

Appeal:

If we deny your privacy request, you may appeal that decision by emailing us at [email protected]. If you are still unsatisfied with our response, you have the right to file a complaint with your state attorney general.

Controller/Processor Designation:

With respect to the SoundStack Engine and SoundStack Insights (as defined in the Terms of Service) SoundStack is a “processor” (and “service provider” under California) or any similar term provided under Privacy Laws; and 

With respect to SoundStack providing its own proprietary monetization and advertising services including, without limitation, the SoundStack Marketplace and SoundsStack Monetize, SoundStack is a “controller” (and “business” under California) or any similar term provided under Privacy Laws.

UK/EEA Residents Notice  

Residents of the (“UK”) and European Economic Area (“EEA”) are provided certain privacy rights under the UK and EU General Data Protection Regulations (“GDPR”).

Legal Basis:

Under the GDPR, we process Personal Data under the following legal basis.

Controller Designation:

With respect to the SoundStack Engine and SoundStack Insights (as defined in the Terms of Service) SoundStack is a “processor”; and 

With respect to SoundStack providing its own proprietary monetization and advertising services including, without limitation, the SoundStack Marketplace and SoundsStack Monetize, SoundStack is a “controller.”

Cross-Border Data Transfers: 

We may transfer to, and store the data we collect about you, in countries other than the country in which the data was originally collected, including the United States, Canada or other destinations outside the EEA and the UK. Those countries may not have equivalent data protection laws as the country in which you provided the data. When we transfer your data to other countries, we will protect the data as described in this Privacy Notice and applicable supplemental product Privacy Notice and comply with applicable legal requirements providing adequate protection for the transfer of data to countries outside the EEA.

If you are located in the EEA, we will only transfer your Personal Data if:

• The country to which the Personal Data will be transferred has been granted a European Commission adequacy decision; or

• We have put in place appropriate safeguards in respect of the transfer, for example we have entered into the Standard Contractual Clauses adopted by the European Commission and required additional safeguards with the recipient, or the recipient is a party to binding corporate rules approved by an EU supervisory authority.

Additional Rights for UK or European Economic Area Residents:

In addition to the rights granted above, if you are a UK or EEA resident, the GDPR grants you the right to lodge a complaint against us with your local data protection authority. You can find your data protection authority at https://edpb.europa.eu/about-edpb/about-edpb/members_en. 

Children’s Privacy

We do not intentionally collect any personal information from children under the age of 13 (or 16 in California). If you are under the age of 13 (or 16 in California), please ask a parent or guardian for help in using our Services. If you believe we have obtained personal information associated with children under the age of 13 (or 16 in California), please contact us at [email protected] and we will delete it.  

Third-Party Links

Our Services may contain links to other websites or services. We do not exercise control over the information you provide, or is collected by these third party websites. We encourage you to read the privacy policies or statements of the other websites you visit.

Changes To This Privacy Notice

We may update this Privacy Notice from time to time. If we make material changes, we will post the updated Privacy Notice on this page with a “Last Updated” effective date of the revisions. We encourage you to look for updates and changes to this Privacy Notice by checking this page when you access our Services. 

Contact Us

If you have any questions about our privacy or security practices, or if you would like to request access to or correction of your personal information, you can contact us by email at [email protected] or at:

SoundStack, Inc.

6360 Broad Street #5398, Pittsburgh PA 15206