The Podglomerate LLC Privacy Policy

This Privacy Policy (“Privacy Policy”) describes the policies and procedures of The Podglomerate LLC (“we”, “our” or “us”) on the collection, use and disclosure of your information on www.thepodglomerate.com (the “Site”) and the services, features, content or applications we offer (collectively with the Site, the “Services”). We receive information about you from various sources, including: (i) your use of the Services generally; and (ii) from third party websites and services. When you use the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. If you do not agree with this Privacy Policy do not access the Site.

THIS PRIVACY POLICY IS AN IMPORTANT PART OF THE TERMS OF SERVICES (“TOS”) OF THE SITE. PLEASE READ OUR TOS (located here) CAREFULLY BEFORE BROWSING THE SITE. This Privacy Policy may be updated from time to time with or without notice to you. You are responsible for visiting and reviewing our Privacy Policy when you access the Site and/or use our Services.

Parental Notice - User Age. The Site and the Services are not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas, forums and chats. To subscribe to newsletters and to participate in other activities where personal information is divulged, if you are between the ages of 13 and 17 you should get the permission of your parent(s) or legal guardian(s) before registering or subscribing to any product or service, or participating in any manner in the offerings of the Site. If your children disclose information about themselves in our public discussion areas, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so. There are also commercially available tools to help you limit your children's exposure to material online. If you're worried about your children's activities or their privacy on the Site, we encourage you to contact us via the following e-mail address: listen@thepodglomerate.com.

What Does This Privacy Policy Cover. This Privacy Policy covers the treatment of personally identifiable information (“Personal Information”), as further described below, submitted by you or gathered from you when you are using or accessing the Services. This Privacy Policy also covers our treatment of any Personal Information submitted by you or gathered from you online that our business partners share with us or that we share with our business partners.

This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications (“Third Party Services”) that you elect to access through the Service or to individuals that we do not manage or employ nor does it apply to any information about you that is not submitted by you or gathered from you online. While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you request we share your information with or otherwise access via the Service.

 

What Information Do We Collect?

Personal Information. "Personal Information" is information that we can use to identify you as an individual. Personal Information includes your first and last name; home or other physical address (including street name and name of a city or town); telephone number; online contact information, (including a screen or username that functions as online contact information); a social security number; a persistent identifier that can be used to recognize you over time and across different websites or online services; a photograph, video, or audio file, where such file contains an image or voice; geolocation information sufficient to identify street name and name of a city or town; or information concerning you that we collect online from you that combines with an identifier described above; and any other information that is connected with your personal identity. The information we gather enables us to personalize, improve and continue to operate the Services. In connection with certain aspects of the Services, we may request, collect and/or display some of your Personal Information in any manner related to the Service. We collect the following types of information from our users.

Account Information. If you sign up to receive newsletters, you will provide information that could be Personal Information, such as your name and email address. You acknowledge that this information may be personal to you, and by creating an account on the Services and providing Personal Information to us, you allow others, including us, to identify you and therefore may not be anonymous. In addition to using your contact information to send you any newsletters you have signed up to receive, we may also use your contact information to send you information about our Services. You may unsubscribe from these messages and may opt out of newsletters using the opt-out buttons in the emails, although, regardless, we reserve the right to contact you when we believe it is necessary to share information we feel is important to share with you.

Email Communications, Registered Users, and Subscribers. We may receive a confirmation when you open an email from us. We use this confirmation to improve our customer service. In order to access some of the more specialized features of the Site you may be required to register with the applicable Site as a free user or, if applicable, a paid user. When you register with a Site or a Service, we collect Personal Information from you that may include, among other information, your name, email address, city, state and zip code, as well as other information, such as your gender, age, occupation, personal interests and similar information.

Financial Information. We do not currently collect transitional financial information, such as your payment method (valid credit card number, type, expiration date or other financial information); that information is collected and stored by our third party payment processing company (the “Payment Processor”), and use and storage of that information is governed by the Payment Processor’s applicable terms of service and privacy policy.

Collection – In General. We generally collect Personal Information with your specific knowledge and consent. For instance, when you enter a promotion, sweepstakes or contest, complete a survey, register for those portions of our sites that may require registration, make a purchase, subscribe to a premium service or subscribe to our newsletters, and other electronic services you will be asked to provide information such as your email address, name, phone number, and shipping address. Information such as your age, gender, hobbies or interests may also be requested. This information may sometimes be collected by third party service providers with whom we contract to host the website or to fulfill requests for services; in that event, we asks such service providers to make the personal information available only to us for our use in accordance with the terms of this Privacy Policy and not to use the information for any other purpose. We use this information to provide you with the service you have requested. If you subscribe to any of our newsletters or similar services, we may use your email address to send you a confirmation notice and your mailing address to send you our newsletter, such other similar services, or to send you notices of our other offerings which we feel may be of interest to you. We may also use any personal information you send for marketing and promotional purposes and we may combine information we receive online with outside records to enhance our ability to market and promote products or provide services that we believe may be of interest to you or to fulfill your requests for products and services.

IP Address Information and Other Information Collected Automatically. We automatically receive and record information from your web browser when you interact with the Services, including your IP address and cookie information. This information is used for fighting spam/malware and also to facilitate collection of data concerning your interaction with the Services (e.g., what links you have clicked on). The Services automatically collect usage information, such as the number and frequency of visitors to the Site. We may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data enables us and third parties authorized by us to figure out how often individuals use parts of the Services so that we can analyze and improve them.

Aggregate Information. We collect statistical information about how users use the Services (“Aggregate Information”). Some of this information is derived from Personal Information. This statistical information is not Personal Information and cannot be tied back to you or your web browser. We (or third party service providers on our behalf) may use cookies to collect Aggregate Information about Site users on an anonymous basis. We may share aggregate demographic and usage information with our prospective and actual business partners, advertisers and other third parties for any educational or business purpose.

 

Information Collected Using Cookies.

Cookies are pieces of text that may be provided to your computer through your web browser when you access a website. Your browser stores cookies in a manner associated with each website you visit. We use cookies to enable our servers to recognize your web browser and tell us how and when you visit the Site and otherwise use the Services through the Internet.

Our cookies do not, by themselves, contain Personal Information, and we do not combine the general information collected through cookies with other Personal Information to tell us who you are.  As noted, however, we do use cookies to identify that your web browser has accessed aspects of the Services and may associate that information with your Account if you have one. Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave cookies active, because they enable you to take advantage the most attractive features of the Services.

This Privacy Policy covers our use of cookies only and does not cover the use of cookies by third parties. We do not control when or how third parties place cookies on your computer. For example, third party websites to which a link points may set cookies on your computer. To the extent that we utilize third party service providers to set and access cookies on the computer of our website users on behalf of us, we ask such service providers to agree to maintain the anonymity of the information collected and not to use such information for any reason except to carry out the purpose(s) for which we hired them. Our cookies may contain Personal Information and such cookies may be shared with others as specified by this Privacy Policy.

 

Information Related to Advertising.

To support and enhance the Services, we may now or in the future serve advertisements, and also allow third parties advertisements, through the Site or other Services. These advertisements are sometimes targeted and served to particular users and may come from third party companies called “ad networks.” Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms.

Advertisements served through the Services may be targeted to users who fit a certain general profile category and may be based on anonymized information inferred from information provided to us by a user, including Personal Information (e.g., gender or age), may be based on the Services usage patterns of particular users, or may be based on your activity on Third Party Services. We do not provide Personal Information to any ad networks for use outside of the Services.

We use reputable third parties to present or serve some or all of the advertisements on the Site. These third party network advertisers may set and access their own cookies on your computer. We do not have control over cookies placed by advertisers. The use of cookies by third parties is subject to such third party's own privacy policies. For more information on the collection of information by third party network advertisers or to opt-out of targeted advertising delivered by such advertisers click here: http://www.networkadvertising.org/understanding-online-advertising/what-are-my-options  NAI is not affiliated with us. By registering for Network Advertising Initiative’s (NAI) Opt-Out Tools via the above link you will be subject to NAI’s separate terms and conditions.

Web Beacons. We may use web beacons (invisible images often referred to as pixel tags or clear GIFs), which may also be provided by our third party advertising company, on our site in order to help manage our online advertising and to recognize users’ cookies and assess traffic patterns. We may include web beacons in our email messages including newsletters in order to count how many email messages have been opened. we and our advertising company may also use web beacons to note which webpages you visit after viewing our ads. The information that is collected through the use of these images is not Personal Information and is used only to track responses to our advertising efforts.

 

How, and With Whom, Is My Information Shared. The Services are designed to help you share information with others. As a result, some of the information generated through the Services is shared publicly or with third parties. We will not share, sell, rent, or transfer any Personal Information about our current or former website users to third party companies or individuals, except as permitted by this Privacy Policy or as may be required by law. By using the Services you are agreeing to this Privacy Policy and are thereby consenting to the sharing and use of you Personal Information as described herein, as this Privacy Policy may be updated from time to time.

Public Information About Your Activity on the Services. Some of your activity on and through the Services is public by default. This may include, but is not limited to, content you have posted publicly on the Site or otherwise through the Services. Information concerning users use of the Services (such as what pages they have visited) may be tracked anonymously through the use of cookies and stored by us.

Please also remember that if you choose to provide Personal Information using certain public features of the Services, then that information may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services. We may on occasion combine information we receive online with information we have obtained through third party sources to enhance our ability to market those products or services that may be of interest to you.

IP Address Information. While we collect and store IP address (i.e., Internet Protocol address) information, that information is not made public. We do at times, however, share this information with our partners, service providers and other persons with whom we conduct business, and as otherwise specified in this Privacy Policy. Our server may also record the referring page that linked you to us (e.g., another website or a search engine); the pages you visit on our sites, the website you visit after the Sites; the ads you see; the ads you click on; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on the Site or a referral site; and other web usage activity and data logged by our web servers. We may use your IP address to help diagnose problems with our servers, gather broad demographic information, and administer our website. We may also link this information with your personal information when we feel that it is necessary to enforce compliance with our rules and policies or terms of service or to protect our sites, customers or others.

 

Information You Elect to Share:

You may access other Third Party Services in connection with using the Services, for example by clicking on links to those Third Party Services from within the Site or by accessing, downloading, or subscribing to Content through Third Party Services. We are not responsible for the privacy policies and/or practices of these Third Party Services, and you are responsible for reading and understanding those Third Party Services’ privacy policies. This Privacy Policy only governs information collected on the Services.

 

Aggregate Information:

We share Aggregate Information with our partners, service providers and other persons with whom we conduct business. We share this type of statistical data so that our partners can understand how and how often people use our Services and their services or websites, which facilitates improving both their services and how our Services interface with them. In addition, these third parties may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired.

 

Email Communications with Us:

As part of the Services, you may occasionally receive email and other communications from us, such as communications relating to our Services. Communications relating to you will only be sent for purposes important to the Services, such as in relation to the newsletters you have signed up to receive.

 

Financial Information:

As stated above, we do not currently collect financial information.

 

Information Shared with Our Agents:

We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “Agents”). We may need to share Personal Information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.

 

Information Disclosed Pursuant to Business Transfers. In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information (including, but not limited to, Personal Information) would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

Information Disclosed for Our Protection and the Protection of Others. We also reserve the right to access, read, preserve, and disclose any information (including, but not limited to, Personal Information) as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Privacy Policy and our Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.

Additional Uses and Disclosures of Personal Information. We may share or disclose Personal Information about you to other companies or individuals when:

• we utilize third party service providers to provide products, services or functions on our behalf (such as sending emails or processing credit cards), and ask these service providers to agree to maintain the confidentiality of your Personal Information and not to use your Personal Information for any reason except to carry out the purpose(s) for which we hired them;

• we need to ensure protect the security or integrity of the user, website, or online service or authenticate users of, or personalize the content on the Site;

• we need to perform network communications or maintain or analyze the functioning of Site;

• we need serve contextual advertising or to cap the frequency of advertising;

• you have entered a promotion, sweepstakes or contest sponsored by a third party, in which case the information may be shared with that third party for their use in their discretion, including direct marketing (some of our promotions, sweepstakes or contests will ask you at the time of entry whether you would like your personal information to be shared with the presenter and/or third party sponsor). Other promotions, sweepstakes or contests will not give you that option, and in that event, if you do not want your information to be shared, you should not enter the promotion, sweepstakes or contest);

• you have furnished us Personal Information with the intent that it be forwarded to a third party for use in connection with a specified service you are electing to participate in (examples include, without limitation, e-commerce partners and other services to help third parties to locate you online.);

• we customize the advertising and content you see;

• we improve the design and content of our site;

• we contact you about special offers, products or services that may be of interest to you;

• we share it with third parties who may choose to contact you about their own special offers, products or services;

• we make our customer lists available for direct marketing purposes to other entities that are affiliated with us. If you would like to be removed from those lists, please email us at listen@thepodglomerate.com; and

• to provide you with customer service.

Information We Share With Your Consent. Except as set forth in the Privacy Policy, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

Is Information About Me Secure? We store all of our information, including your IP address information, using industry-standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise. We do not represent or warrant the security of Personal Information, and shall have no liability if such security is compromised. In the unlikely event that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent that we have your email address, we may notify you by email.

What Information of Mine Can I Access? Users can access and delete cookies through their web browser settings.

California Privacy Rights. Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: The Podglomerate LLC, 31-09 31st Ave, 1st FL, Astoria, NY 11106.

What Choices Do I Have Regarding My Information? You can always opt not to disclose certain information to us, even though it may be needed to take advantage of some of our features.

What Happens When There Are Changes to this Privacy Policy? We may amend this Privacy Policy from time to time. Use of information we collect is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we collect or use information, we will notify you by posting an announcement on the Services and, in some instances, we may send you an email notifying you that a change to the Privacy Policy has occurred. A user is bound by any changes to the Privacy Policy when he or she uses the Services after such changes have been first posted.

Submissions and User Generated Content. If you elect to post material to any blogs, forums, user-generated content submission activities, visitor or registered user comment areas, participate in our social networking channels or other community boards (collectively referred to as the “Forums”) that may be offered on our sites; or if you elect to upload any photographs, audios or videos; or if you elect to respond to requests for comments or feedback, Q & A, to polls; or if you elect to furnish any type of user-generated content submission, you will be solely responsible for all contents, messages, texts, files, images, graphics, photos, audio clips, sounds, videos or other materials associated therewith (collectively the foregoing posts, submissions, and uploading shall be referred to as "Postings"). You hereby acknowledge and agree that by engaging in any Postings you are thereby granting us the UGC License (see below) with respect to such Postings.

UGC License for Postings. BY SUBMITTING A POSTING IN A FORUM, YOU ARE GRANTING US A PERPETUAL, UNCONDITIONAL, ROYALTY-FREE, FULLY PAID-UP AND IRREVOCABLE RIGHT AND LICENSE TO USE, SHARE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, DISTRIBUTE, TRANSMIT, PUBLICLY DISPLAY, PUBLICLY PERFORM, SUBLICENSE, CREATE DERIVATIVE WORKS FROM, TRANSFER, AND SELL ANY SUCH POSTINGS. BY FURNISHING POSTINGS, AND WITHOUT LIMITING THE FOREGOING, YOU GIVE US THE RIGHT TO USE SUCH POSTINGS IN ANY MANNER WHATSOEVER AND IN ANY MEDIA NOW KNOWN OR HEREAFTER INVENTED, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO COMBINE YOUR POSTINGS WITH POSTINGS OF THIRD PARTIES IN VARIED COMBINATIONS. THE FOREGOING INCLUDES ALL ASPECTS OF A POSTING, SPECIFICALLY INCLUDING ANY PERSONAL INFORMATION CONTAINED THEREIN for editorial, educational, and/or commercial purposes. In addition, without limiting the foregoing, if your Posting includes personal anecdotes, they may be attributed to you. We can sell, transfer, edit, rewrite, use, and reuse all such content, including your name, likeness, photograph, and biographical information that you provide, in any way and any media whether now known or invented in the future, with or without attribution. You agree that any content you send us will not violate any rights of any third party and that you will only send us content for which you own the rights. This section shall be read in together with the UGC License in the TOS to grant us the broadest rights as may be permitted by law.

Wireless Addresses. If the email address you provide to us is a wireless email address, you agree to receive messages at such address from us, entities affiliated with us (unless and until you have elected not to receive such messages by notifying us via the following e-mail address: listen@thepodglomerate.com. You understand that your wireless carrier's standard rates apply to these messages. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.

Short Message Service and Wireless Internet. We may make available services through which you can receive messages on your phone or wireless device via short message service ("SMS Service") or wireless internet ("WAP Services"). We may also make available content and versions of our websites available via WAP and mobile phone service. If you subscribe to one of our SMS, WAP or mobile services, you thereby agree to receive such service at the address you provide for such purposes. Such messages may come from us, or from third parties who we believe may have goods or services of interest to you (unless you have elected not to receive such messages at the time you subscribe). Our wireless carriers and providers are not responsible for the content of our wireless services or any of the messages you may receive from us. You understand that your wireless carrier's standard rates apply to these messages, and that you may opt-out of receiving them by notifying us via the following e-mail address: listen@thepodglomerate.com. You represent that you are the owner or authorized user of the wireless device you use to sign up for the SMS, WAP or mobile service, and that you are authorized to approve the applicable charges. To use the SMS, WAP or mobile service, you must reside in the United States. You must register and provide all required personal information, which may include, for example, your name, SMS, WAP or mobile address, wireless carrier and, if fees are applicable to the SMS, WAP or mobile service you subscribe to, billing information (either your credit card information or mobile service carrier information if applicable fees will be billed through your carrier). We may also obtain the date, time and content of your messages in the course of your use of the SMS, WAP or mobile service. We will use the information we obtain in connection with these services in accordance with this Privacy Policy and our TOS. If fees are charged to your wireless account invoice, we may provide your carrier with your applicable information in connection herewith. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies.

You acknowledge and agree that the SMS, WAP and mobile services are provided via wireless systems that use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of such services will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the services. We may also access the content of your account and wireless account with your carrier for the purpose of identifying and resolving technical problems and service-related complaints. By signing up for any SMS, WAP or mobile service, you consent to receiving, from time to time, further messages which may include news, promotions and offers from us, our affiliates and partners, and unless and until you have opted-out of these activities by notifying us via the following e-mail address: listen@thepodglomerate.com. Please follow the instructions provided by you by third parties to unsubscribe from their messages.

Data Retention. We retain your Personal Information for as long as necessary to permit us to use it for the purposes that we have communicated to you and comply with applicable laws or regulations. Please note that without permitting us to include your Personal Information within our information database, certain access to and use of the Site may be unavailable to you or may not operate efficiently or correctly. Some features of the Services may allow you to provide content to the Services, such as written comments. All content submitted by you to the Services may be retained by us indefinitely. We may continue to disclose such content to third parties in a manner that does not reveal Personal Information, as described in this Privacy Policy.

What If I Have Questions or Concerns? If you have any questions or concerns regarding privacy using the Services, please send us a detailed message to listen@thepodglomerate.com. We will make every effort to resolve your concerns. Effective Date: January 10, 2019.