Privacy Shield Privacy Policy

Rawvoice, Inc., and doing business as Blubrry (“Rawvoice” or “Company”) complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland, respectively. Rawvoice is in the process of certifying to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program and to view our certification page when approved, please visit https://www.privacyshield.gov/.

Scope

This Privacy Shield Privacy Policy (the “Policy”) sets forth the privacy principles that Rawvoice follows when processing Personal Data received from customers or prospective customers located in the European Economic Area (“EEA”) and Switzerland while providing services. For purposes of this Policy, Personal Data means information about an identified or identifiable individual that is received by Rawvoice in the U.S. from the EEA or Switzerland and recorded in any form.

Rawvoice’s Role as a Service Provider to its Customers and Prospective Customers

Rawvoice is the creator and licensor of certain software products and hosting services. In connection with these products and services, Rawvoice provides product development services, solution engineering services, professional technical services, data migration services and statistical and measurement services (collectively “Services”). The Services are provided to its hosted and non-hosted customers and prospective customers in the EEA and Switzerland through employees who may be located in the U.S. These U.S. based employees may process Personal Data to provide Services to customers and prospective customers located in the EEA or Switzerland.

Customers using Rawvoice’s hosting services are responsible for managing the data that they store at Rawvoice’s data centers. Except as stated in the paragraph immediately below, Rawvoice’s hosting customers determine the categories of Personal Data and other information that are stored by Rawvoice, how that information will be used, to whom it will be disclosed and for what purposes.

Rawvoice’s hosted, and non-hosted customers and prospective customers share personal data such as name, address, telephone number, email address and website address.

Rawvoice’s customers using measuring and statistical services share the IP addresses of those people who download the customer’s media content.

Rawvoice collects Personal Data provided by consumers on its websites and other data provided automatically through the websites such as IP addresses, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our website and dates and times of website visits.

Also, Rawvoice may obtain Personal Data such as contact information and financial account information from its contractors, suppliers or their representatives. Rawvoice uses this information to manage its relationships with its supplier and contractors and to process payments, provide for expenses and reimbursements and fulfill contractual obligations.

Rawvoice also may obtain and use Consumer Personal Data in other ways for which Rawvoice provides specific notice at the time of collection (including but not limited to surveys, focus groups, market research, inbound and outbound consumer communications and education, etc.).

Rawvoice may obtain and use Consumer Personal Data in other ways for which Rawvoice provides specific notice at the time of collection (including but not limited to surveys, market research, inbound and outbound Consumer communication and education, etc.).

Rawvoice’s privacy practices regarding the processing of Consumer Personal Data comply with the Privacy Shield Principles of notice, choice, accountability for onward transfer, security data integrity and purpose limitation, access, and recourse, enforcement, and liability.

The Customer’s and Prospective Customer’s Responsibilities with Respect to Personal Data

Rawvoice customers and prospective customers may choose to include Personal Data among the data stored at Rawvoice data centers shared in connection with the provision of Rawvoice services.

Rawvoice processes only the Personal Data that its customers or prospective customers have chosen to share with Rawvoice. Rawvoice has no direct or contractual relationship with the subject of such Personal Data (a “Data Subject”). As a result, when a customer or prospective customer share Personal Data, the customer or prospective customer is solely responsible for satisfying all legal obligations owed directly to the Data Subject under applicable data protection laws.

Notice

Rawvoice notifies Consumers about its privacy practices, including the purposes for which it collects and uses Personal Data, the types of Personal Data Rawvoice collects, the types of third parties to which Rawvoice discloses the Personal Data and the purposes for doing so, the rights and choices Consumers have for limiting the use and disclosure of their Personal Data, and how o contact Rawvoice about its practices concerning Personal Data. Information regarding Rawvoice’s Consumer Data practices is contained in this Policy and the other Privacy Policies available at www.rawvoice.com and www.blubrry.com. You may request additional information from privacy@rawvoice.com.

Relevant information also may be found in notices pertaining to specific data processing activities.

Choice

Rawvoice generally offers Consumers the opportunity to choose whether their Personal Data may be (a) disclosed to third-party Controllers or (b) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant Consumer. To the extent required by the Privacy Shield Principles, Rawvoice obtains opt-in consent for specific uses and disclosures of Sensitive Data. Unless Rawvoice offers Consumers an appropriate choice, the Company uses Personal Data only for purposes that are materially the same as those indicated in this Policy and the other Privacy Policies referred to herein. To exercise their choices, Consumers may contact Rawvoice as noted in this Policy or the other Privacy Policies.

Rawvoice may share Consumer Personal Data with its affiliates and subsidiaries. Rawvoice may disclose Consumer Personal data without offering an opportunity to opt out and may be required to disclose the Personal Data to third-party Processors the Company has retained to perform services on its behalf and pursuant to its instructions, (d) if it is required to do so by law or legal process, or in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements. Rawvoice also reserves the right to transfer Personal Data in the event of an audit or if the Company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation).

Accountability for Onward Transfer of Personal Data

This policy and the other Privacy Policies referred to herein describe Rawvoice’s sharing of personal data.

Except as permitted or required by applicable law, Rawvoice provides Consumers with an opportunity to opt out of sharing their Personal Data with their-party Controllers. Rawvoice requires third-party Controllers to whom it discloses Personal Data to contractually agree to (a) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant Consumer, (b) provide the same level of protection for Personal Data as is required by the Privacy Shield Principles and (c) notify Rawvoice and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party Controller determines that it cannot meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles.

With respect to transfers of Consumer Personal Data to third-party Processors, Rawvoice (d) enters into a contract with each relevant Processor, € transfers Personal Data to each such Processor only for limited and specified purposes, (f) ascertains that the Processor is obligated to provide the Personal Data with at least the same level of privacy protection as is required by the Privacy Shield Principles, (g) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Personal Data in a manner consistent with Rawvoice’s obligations under the Privacy Shield Principles, (h) requires the Processor to notify Rawvoice if the Processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, (i) upon notice, including under (h) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the Processor, and (j) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce upon request. Rawvoice remains liable under the Privacy Shield Principles if the Company’s third-party Processor onward transfers recipients process the relevant Personal Data in a manner inconsistent with the Privacy Shield Principles unless Rawvoice proves that it is not responsible for the event giving rise to the damage.

Security

Rawvoice takes reasonable and appropriate measures to protect Consumer Personal Data from loss, misuse, unauthorized access, disclosure, alteration, and destruction; taking into account the risks involved in the processing and the nature of the Personal Data.

Data Integrity and Purpose Limitation

Rawvoice limits the Personal Consumer Data it processes to that which is relevant for the processing. Rawvoice does not process Consumer Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Consumer. Also, to the extent necessary for these purposed, Rawvoice takes reasonable steps to ensure that the Personal Data the Company processes is (a) reliable for its intended use, and (b) accurate, complete and current. In this regard, Rawvoice relies on the Consumers to update and correct Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized by the Consumers. Consumers may contact Rawvoice as indicated in this Policy to request that Rawvoice update or correct relevant Personal Data.

Subject to applicable law Rawvoice retains Consumer Personal Data in a form that identifies or renders identifiable the relevant Consumer only for as long as it serves a purpose that is compatible with the purposes for which the Personal Data was collected or subsequently authorized by the Consumer.

Access

Consumers generally have the right to access their Personal Data. Accordingly, where appropriate, Rawvoice provides Consumers with reasonable access to the Personal Data Rawvoice maintains about them. Rawvoice also provides a reasonable opportunity for Consumers to correct, amend or delete the information where it is inaccurate or has been processed in violation of Privacy Shield Principles as appropriate. Rawvoice may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Consumer’s privacy in the case in question or where the rights of persons other than the Consumer would be violated.

Consumers may request access to their Personal Data by contacting Rawvoice as indicated in this Policy.

Recourse, Enforcement, and Liability

Rawvoice has mechanisms in place designed to effect compliance with the Privacy Shield Principles. Rawvoice conducts an annual self-assessment of its Consumer Personal Data practices to verify that the attestations and assertions Rawvoice makes about its Privacy Shield privacy practices are true and that Rawvoice’s privacy practices have been implemented as represented and in accordance with the Privacy Shield Principles.

Consumer Recourse

Consumers may file a complaint concerning Rawvoice’s processing of their Personal Data. Rawvoice will take steps to remedy issues arising out of its alleged failure to comply with the Privacy Shield Principles. Consumers may contact Rawvoice as specified below about complaints regarding Rawvoice’s Consumer Personal Data practices.

If a Consumer’s complaint cannot be resolved through Rawvoice’s internal processes, Rawvoice will cooperate with the alternative dispute resolution provider JAMS (Judicial Arbitration and Mediation Services) according to the JAMS International Mediation Rules available on the JAMS website at: www.jamsadr.com/international-mediation-rules.

JAMS mediation may be commenced as provided for in the relevant JAMS rules. The mediator may propose any appropriate remedy such as deletion of the relevant Personal Data, publicity for findings of noncompliance, payment of compensation for losses incurred as a result of noncompliance or cessation of processing of the Personal Data of the Consumer who brought the complaint. The mediator or the Consumer may refer the matter to the U.S. Federal Trade Commission which has Privacy Shield investigatory and enforcement powers over Rawvoice. Under certain circumstances, Consumers may be able to invoke binding arbitration to address complaints about Rawvoice’s compliance with the Privacy Shield Principles.

How to Contact Rawvoice

To ask questions or express concerns about Rawvoice’s collection, management, and processing of Personal Data, Consumers may contact Rawvoice through the contact listed below.

Rawvoice, Inc.
Attention: Corporate Legal Department
5000 Arlington Centre Blvd.
Suite 2115
Upper Arlington, OH 43220

For questions or concerns about this Policy or the other Rawvoice Privacy Policies, please send an email to privacy@rawvoice.com.

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