PRIVACY POLICY

Last Updated and Effective as of: August 21, 2022

Your privacy matters to Zencastr, Inc. (“Zencastr”, “we”, "our" or “us”). This Privacy Policy (“Privacy Policy") explains how we collect, use, share and protect information about our users (collectively referred to as “Users”). Zencastr collects information about you when you use our websites, mobile applications and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us. The term “Services,” includes, collectively, various websites, applications, mobile applications, widgets, email notifications and other mediums, or portions of such mediums, through which you have accessed this Privacy Policy. By accessing or using our Services, you consent to the collection, transfer, manipulation, storage, disclosure and other uses of Your Information as described in this Privacy Policy. For purposes of this Privacy Policy, "Your Information" means your personal information, as described below, which may be of a confidential nature and may include personally identifying information and/or financial information.

Eligibility for Our Service

You must be at least eighteen (18) years of age to use the Service. We do not knowingly collect Personal Information from persons under the age of 18. If we become aware that we have inadvertently received Personal Information from a person under the age of 18, we will delete such information from our records.

How We Collect Information

Information You Provide to Us

We receive and store any information you enter on our Services. This includes information that can identify you ("personal information"), including your first and last name, telephone number, postal and e-mail addresses, and, in some cases, billing information (such as credit card number, cardholder name, and expiration date). We collect any content you submit to the application or Site, including podcast recordings, and information contained in the submission or which can be extracted from the content, such as transcriptions of the podcasts.

Information We Collect Through Your Use of Our Services

The following are situations in which you may provide Your Information to us:

• When you record and upload content on our Services;
• When you fill out forms or fields through our Services;
• When you sign up for any newsletters or other materials through our Services;
• When you provide information to us through a third-party application, service or website;
• When you communicate with us or request information about us or our Services, whether via email or other means;
• When you participate in online surveys;
• When you participate in any of our marketing initiatives, including, contests, events, or promotions; and
• When you participate in forums or provide User-generated content or submissions.

The types of information that we collect when you use our Services include:

• Location Information. When you use the Services we may collect your precise location data. We may also derive your approximate location from your IP address.
• Device Information. When you use our Services through your computer, mobile phone or other device, we may collect information regarding and related to your device, such as hardware models and IDs, device type, operating system version, the request type, the content of your request and basic usage information about your use of our Services, such as date and time. In addition, we may collect information regarding application-level events and associate that with your account to provide customer service. We may also collect and store information locally on your device using mechanisms such as browser web storage and application data caches.
• Call and SMS Data. In connection with providing Service, we may receive call data, including the date and time of the call or SMS message, the parties phone numbers, and the content of the SMS message.
• Usage and Preference Information. We collect information about how you and site visitors interact with our Services, preferences expressed, and settings chosen. In some cases we do this through the use of cookies, pixel tags, and similar technologies that create and maintain unique identifiers. A cookie is a small file placed on your device. It may be possible to refuse to accept cookies by activating the appropriate setting on your device. However, if you select this setting you may be unable to access certain parts of the Zencastr Services.
• Log Files, Cookies and Anonymous Identifiers. We gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, or site functionality, and to document your consent to receiving products, services or communications from us or our partners. If we link such information with personally identifiable information in a manner that identifies a particular individual, then we will treat all such information as personally identifiable information for purposes of this Privacy Policy.  Consumers of content that is hosted on other properties but tracked using the Zencastr campaign prefix url will have their ip addresses stored as a secure and irreversible hash to ensure that no personally identifiable information is being stored.

Technologies such as cookies, beacons, tags and scripts are used by us and our partners, affiliates, advertisers, analytics teams, or service providers. These technologies are used in analyzing trends, administering the site, tracking Users' movements around the site and to gather demographic information about our User base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis. For example, we use Google Analytics to provide analytics information regarding the use of the Services. We use cookies to help us know that you are logged on, provide you with features based on your preferences, understand when you are interacting with our Services, and compile other information regarding use of our Services. Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use cookies to collect and store information. You can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited. For more information on how Google collects information on the Services, please see "How Google uses data when you use our partners' sites or apps."

Our system does not currently respond to Do Not Track requests or headers from browsers.

Information We Collect from Other Sources

We may also receive information from other sources and combine that with information we collect through our Services. For example if you choose to link, create, or log in to your Zencastr account with a payment provider e.g., Google Wallet or social media service e.g., Facebook, or if you engage with a separate app or website that uses our API, or whose API we use, we may receive information about you or your connections from that site or app. Additionally, if you are invited to use the Services as a guest, the party inviting you will provide certain information, including your email address, to Zencastr so that Zencastr can provide the Services to you.

How We Use Information

We will use this information in order to:

1. Provide Users with the Services (including podcast recording and transcriptions) and customer support.
2. Contact you and provide you with information.
3. Analyze, improve and manage our Services and operations.
4. Resolve problems and disputes, and engage in other legal and security matters.

Additionally, we may use the information we collect about you to:

1. Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of Zencastr and other companies, where permissible and according to local applicable laws.
2. Display advertising, including advertising that is targeted to you based on your location, as well as your Zencastr activities.
3. Verify your identity and prevent impersonation, spam or other unauthorized or illegal activity.

We may transfer the information described in this Privacy Policy to, and process and store it in, the United States and other countries, some of which may have less protective data protection laws than the region in which you reside. Where this is the case, we will take appropriate measures to protect your personal information in accordance with this Privacy Policy.

Disclosure of Personal Information

We may share the information we collect about you as described in this Privacy Policy or as described at the time of collection or sharing, including as follows:

Publicly Available Information

Any information that you submit by posting publicly to our Services will be available to Users, including members of the general public.

Information You May Share on the Services

You may also use the Services to share information with another User directly, e.g., by recording a podcast with another User or making a podcast available to a certain group of Users, and you may have the ability to connect to third-party services, such as social media or other apps or websites that integrate with our API or Services, as discussed further below. Zencastr cannot control how other Users may use or disclose the personal information that you share with them.

Information We May Share on the Services

We may disclose Your Information:

• To any person who, in our reasonable judgment, has been authorized by you to receive Your Information as your agent, including as a result of your business dealings with that person (for example, your attorney);
• To our third-party vendors so that they may provide support for our internal and business operations, including for the handling of payment processing, data processing, data verification, data storage, surveys, research, internal marketing, delivery of promotional, marketing and transaction materials, and our Services' maintenance and security. These companies are authorized to use Your Information only as necessary to provide these services to us and are contractually obligated to keep Your Information confidential;
• To third parties when you engage in certain activities through our Services that are sponsored by them, such as purchasing products or services offered by a third party, electing to receive information or communications from a third party, or electing to participate in contests, sweepstakes, games or other programs sponsored, in whole or in part, by a third party. When we disclose Your Information to these third parties, we may be compensated, and Your Information will become subject to the information use and sharing practices of the third party, and the third party will not be restricted by this Privacy Policy with respect to its use and further sharing of Your Information;
• As permitted by applicable law, to third parties that are interested in contacting you or providing offers to you that may be related to our Services or about products or services you may find of interest, and we may be compensated for such disclosure;
• As required by law or ordered by a court, regulatory, or administrative agency;
• As we deem necessary, in our sole discretion, if we believe that you are violating any applicable law, rule or regulation, or are otherwise interfering with another's rights or property, including, without limitation, our rights or property;
• If requested by authorities in the event of any act of terrorism or instance of local, regional or national emergency;
• To enforce our Terms of Service https://zencastr.com/terms-of-service, this Privacy Policy, and any other applicable agreements and policies;
• To enforce or protect our rights or the safety of Zencastr or others; and
• Otherwise with your consent.

We also reserve the right to transfer your personal information to a buyer or other transferee in the event of a merger, divestiture, restructuring, reorganization, dissolution, sale, or other transfer of some or all of our assets.  Should such a sale, merger, or transfer occur, we will use reasonable efforts to direct the transferee to use Your Information in a manner that is consistent with our Privacy Policy.

Social Sharing Features

The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.

Links to Third-Party Websites

Our Services, as well as the email messages sent with respect to our Services, may contain links or access to websites operated by third parties that are beyond our control. Links or access to third parties from our Services are not an endorsement by us of such third parties, or their websites, applications, products, services, or practices. We are not responsible for the privacy policy, terms and conditions, practices or the content of such third parties. These third parties may send their own cookies to you and independently collect data. If you visit or access a third-party website, application or other property that is linked or accessed from our Services, we encourage you to read any privacy policies and terms and conditions of that third party before providing any personally identifiable information. If you have a question about the terms and conditions, privacy policy, practices or contents of a third party, please contact the third party directly.

Account Information

You may correct your account information at any time by logging into your online account. If you wish to cancel your account, please email us at [email protected]. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debit on your account, or if we believe you have committed fraud or violated our Terms, we may seek to resolve the issue before deleting Your Information.

Your Rights Regarding Your Information

Zencastr offers its Users the following rights, which may be exercised by contacting us through the contact information set forth below:

Access and Correct Your Information

You have the right to request access to the personal information that we have collected about you, and you have the right to update or correct that information as permitted by applicable law.

Delete Your Information

You have the right to request the deletion of your personal information. Please note that we may be permitted to keep certain personal information in accordance with applicable law, e.g., maintaining records of purchases for tax purposes or to provide the Services.

Opt Out of Promotional Information

You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.

Your California Privacy Rights

California legislation permits consumers who are California residents to request and obtain from us once a year, free of charge, information about the personal information, if any, we disclosed to third parties for direct marketing purposes within the immediately preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information within the immediately preceding calendar year.

If you are a California resident and would like to make such a request, please submit your request in writing to: [email protected].

Data Transfers

Zencastr is based in the State of Utah in the United States. When we obtain information about you, we may transfer, process, and store such information outside of the country in which you reside, including in the United States. We have taken steps to ensure that all international transfers of personal information are compliant with applicable law.

Changes to the Privacy Policy

We may change this Privacy Policy from time to time. If we make a material change to our Privacy Policy, we will provide you with prominent notice as appropriate under the circumstances (e.g., by email or placing a notice on the Services) that our privacy practices have changed and will provide a link to the new policy. By continuing to use the Services, you consent to the revised Privacy Policy. We encourage you to periodically review the Privacy Policy for the latest information on our privacy practices.

Contact Us

If you have any questions about this Privacy Policy, please contact us at [email protected].