Privacy Policy

GetPodcast.com

1. Preamble

With this Privacy Policy, we would like to inform you about the nature, scope and purpose of the collection and processing of your personal data when using the Website “www.getpodcast.com” and the other country-specific web addresses of GetPodcast listed in the footer of the website (hereinafter also jointly referred to as the “Website”) operated by radio.de GmbH, Mühlenkamp 59, 22303 Hamburg, Germany (hereinafter also referred to as “GetPodcast”, “radio.de”, “we” and “us”) and the functions and services offered on the Website (hereinafter also referred to as "Services"). The protection of your personal data is an important matter to radio.de when collecting and processing such data when visiting our Website.

In the event that you click on the links to third parties via the Website (i.e. Social Media), the respective data protection provisions of these third parties apply exclusively. radio.de does not review the privacy policies of third parties.

During your use of our Website personal data will only be processed by radio.de and third parties mentioned in this privacy policy. In addition, radio.de does not generally pass on personal data to other third parties; only in the exceptional case that radio.de is obliged to pass on the collected data due to an administrative order or court order.

Our privacy information for the use of the GetPodcast mobile App (hereinafter called “App”) can be found at our specific privacy policy which you can find in the App or the App Store or Play Store.

Please note that this is a translation of the German Privacy Policy, which is available under www.radio.de. In case of contradiction between the different versions, the German version will prevail.

2. Controller for data collection and data protection officer

The controller responsible for the collection and processing of your personal data in accordance with the EU General Data Protection Regulation (Regulation (EU) 2016/679) (hereinafter also referred to as “GDPR”) is:

radio.de GmbH
Mühlenkamp 59
22303 Hamburg
Deutschland

Phone: + 49 40 - 570 065 150
Email: [email protected]

You can find further information about radio.de in the Website’s imprint.

If you have any queries regarding the collection, processing and storage of personal data when using our Website, please contact our data protection officer:

radio.de GmbH
Data protection officer
Mühlenkamp 59
22303 Hamburg

Email: [email protected]

3. Personal data and processing by GetPodcast

This Privacy Policy relates to the collection and processing of personal data as part of your use of the Website operated by radio.de. Personal data refer to the individual details of the personal or material circumstances of an identified or identifiable natural person. Different data will be collected and processed depending on the extent to which you use the Website.

3.1. When visiting the Website

We collect, process and store your personal data when you visit our Website. In order to enable effective use of the Website when you visit our Website, GetPodcast collects data about your use of our Website in the form of so-called “website log files” (hereinafter also referred to as “Log Files”). Each attempt to access our Website is therefore logged.

The Log Files generated from this process contain the following data:

  • Your IP address;
  • Data protection officer - Time, type and number of station requests;
  • Your browser type and other similar information, where applicable.

The aforementioned data is technically necessary for us to be able to display our Website and to guarantee its stability and security.

Furthermore, we collect and process the information stored in the Log Files for anonymised analysis for statistical purposes, i.e. to analyse your use of our Website and ensure continuous improvement of our services.

From the aforementioned purposes also follows our legitimate interest within the meaning of Art. 6 para. 1 s. 1 (f) GDPR. The Log Files are not attributable to you as an identified person. This data will not be merged with other data sources.

3.2. When using radio.de’s Services

On our Website, we refer to audio content of third parties. In order to enable you to receive the programmes of the various publishers, the respective service providers will process the information mentioned in section 3.1. Please refer to the privacy policys of the respective service providers for more information. We have no influence on the storage and further processing of the data by these service providers.

In order to be able to offer you functions and services of the Website that are tailored to your location (e.g. the display of podcasts in your surroundings), the collection of location data is necessary for this specific use of the Website. In order to provide these Services, radio.de must process your IP address for this purpose. This so-called “geolocalisation”, i.e. the allocation of a Website’s use to the place where the Service is provided, takes place exclusively on the basis of the IP address. From the geographical information obtained in this way, no conclusion can be drawn under any circumstances as to the actual location of a user. Insofar as location data is also transferred to third parties via iOS or Android GetPodcast has no influence on such data processing.

The aforementioned data processing operations are carried out in accordance with Art. 6 para. 1 s. 1 (f) GDPR on the basis of our legitimate interest in being able to offer you our Services.

3.3. Help center and contacting GetPodcast

If you need help with the use of our Website and the contents available on it, you can use our help center by clicking on the link "Help/FAQ" in the Website’s footer. With this you will leave our Website and be forwarded you to https://radio.zendesk.com/hc/de/, a website of Zendesk Inc. (for more information about Zendesk, please refer to section 5.4.). You can also access the help center via the "contact" link in the Website’s footer by clicking on the "Ask a question" button. The help center lists the most frequently asked questions and corresponding answers.

In addition, you can request immediate assistance from us by clicking on the "Submit request" button. For that purpose we use the customer service platform of Zendesk Inc.. You can also contact us by e-mail, letter or telephone. In doing so, we collect, process and store your contact data and the content of your enquiry in order to be able to answer your enquiry, in accordance with Art. 6 para. 1 s. 1 (a) GDPR on the basis of your consent or in accordance with Art. 6 para. 1 s. 1 (b) GDPR, if the subject of your enquiry is (pre-)contractual information or in accordance with Art. 6 para. 1 s. 1 (f) GDPR, if there is a legitimate interest of radio.de in the data processing.

3.4. Internal processing purposes

We process the data mentioned in section 3.1. til 3.3. within the scope of administrative tasks as well as the organisation of our company and compliance with legal obligations, e.g. archiving. The legal basis for this kind of data processing is to Art. 6 para. 1 s. 1 (b), (c) or (f) GDPR. Visitors to the Website and users of our Services are affected by the processing.

The purpose and our interest in the processing is to maintain our business activities, perform our legal duties and provide our contractual services.

3.5. Duration of storage and deletion of personal data

We process and store personal data only for the period required to achieve the processing purpose or for as long and to the extent required by law, but at least for the duration of the statutory limitation periods.

If the storage purpose no longer applies or if a legally prescribed storage period expires, the personal data will be blocked or deleted routinely after 30 days and in accordance with legal regulations.

4. Cookies and similar technologies, iab standard, Consent Management Platform

GetPodcast uses so-called cookies. These are small pieces of text information that are stored on your computer by your browser. The collection of cookies makes it easier for you to use our services and enables us to better understand your user behaviour and to offer content and Services that meet your requirements.

GetPodcast uses on the one hand so-called technically necessary cookies. The purpose of processing these technically necessary cookies is to simplify the use of our Website for you as a user. Some functions of our Website cannot be offered without the use of cookies. For these functions, it is necessary that the browser can be identified even after a page break. Within the scope of the Services offered, these cookies make it possible to maintain and offer you your personal settings or advertisements over a longer period of time. Furthermore, radio.de uses cookies which enable an analysis of the users’ surfing behaviour. This refers in particular to the use of various functions of our Website and the frequency of page visits. These cookies are used for the purpose of constantly improving the quality of the contents offered under radio.de and adapting them to the user behaviour accordingly. Through these cookies we learn how the Website is used and can thus optimize our offer. The data collected in this way is pseudonymised by technical precautions. It is therefore no longer possible to assign the data to the calling user. The data is not stored together with other personal data of the user. The legal basis for the collection and processing of data collected and processed by means of cookies is Art. 6 para. 1 s. 1 (f) GDPR. All cookies are stored on your computer and transmitted to radio.de by your browser. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies already stored can be deleted at any time. This can also be done automatically. However, radio.de would like to point out that in this case some services or functions of the Website may not or not be completely usable.

If cookies are set by third parties in connection with our Services, you will receive more detailed information on this and on the question of how you can prevent the setting of cookies for the different service providers under section 5.

Service providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") and similar technologies for statistical or marketing purposes. We will inform you about this regarding the respective service provider under section 5.

In order to provide you with maximum transparency and control over the processing of your data, we follow the Transparency and Consent Framework of iab europe (hereinafter referred to as "iab standard"), including its specifications and guidelines. The iab standard provides participating advertisers with a common language with which they can communicate users' decisions on the delivery of relevant online advertising and content. The vast majority of our advertising partners are vendors certified according to the iab standard (for an overview of participating advertising partners, click here). You can find out more about the Transparency and Consent Framework on the iab europe website: iabeurope.eu/

We have integrated a Consent Management Plattform (hereinafter "CMP") on our Website, which is based on the specifications of the iab Standard and is offered by Sourcepoint Technologies, Inc. (for more information on Sourcepoint Technologies, Inc. please refer to Section 5.2.). The CMP provides you with information on the cookies and similar technologies used and allows you to adjust the use of these in relation to certain service providers. You can also use this to grant and withdraw your consent to the setting of cookies. When you enter our Website and make settings via the CMP, a cookie is placed on your terminal device in which the settings you have made are stored. The CMP is used in accordance with Art. 6 Para. 1 S. 1 lit. c DSGVO to obtain and document your consent to certain data processing procedures and in accordance with Art. 6 Para. 1 lit. f DSGVO, due to our legitimate interest in being able to offer you a convenient way to control the processing of your personal data.

5. Processing of personal data by service provider

5.1 Web hosting and content delivery network

5.1.1 Webhosting

radio.de cooperates with the following external web hosters, through which we are able to offer you our Website and Services online and to process your data securely and efficiently. We have a legitimate interest in this according to Art. 6 para. 1 s. 1 (f) GDPR. All information is transmitted to the web hosters that is generated in the context of using our Services in accordance with Sect. 3.1. to 3.3. and stored there until we delete it.

Amazon Web Services Inc

Another web host is Amazon Web Services Inc, 410 Terry Avenue North, Seattle, WA 98109-5210, USA ("Amazon Web Services"). Amazon Web Services is certified according to the ISO 27001, ISO 27017 and ISO 27018 standards, which take into account aspects such as data security, data protection and reliability. The data servers used by Amazon Web Services are located within Germany in the Amazon Web Services Region Frankfurt. Any transfer to a country outside the EU or the EEA that may be necessary in individual cases is based on data protection guarantees pursuant to Art. 45 ff. GDPR, in particular in the form of data transfer agreements containing the standard contractual clauses approved by the EU Commission. The Amazon Web Services privacy policy can be found at https://aws.amazon.com/privacy/.

5.2. Consent Manangement Platform

Sourcepoint Technologies, Inc.

On our website we use the "Consent Management Platform" (hereinafter "CMP") of the service provider Sourcepoint Technologies, Inc. (228 Park Avenue South, #87903, New York, NY 10003-1502, USA, hereinafter "Sourcepoint"). When you enter our Website and make settings via the CMP, a cookie is placed on your terminal device in which the settings you have made are stored. You can delete the cookie at any time. The data collected via the cookie is transmitted to Sourcepoint's servers, which are located in France. Sourcepoint processes the personal data exclusively according to our instructions in accordance with an order processing agreement. Any transfer to a country outside the EU or the EEA that may be necessary in individual cases is based on data protection guarantees in accordance with Art. 45 ff. GDPR, in particular in the form of data transfer agreements containing the standard contractual clauses approved by the EU Commission. Sourcepoint is used in accordance with Art. 6 para. 1 (f) GDPR due to our legitimate interest in using a suitable service provider for the documentation of your consent. Sourcepoint is a member of iab europe (https://iabeurope.eu/members/sourcepoint/). Further information on data protection and the CMP of Sourcepoint can be found at www.sourcepoint.com/privacy-policy

5.3. Web analytics

Google services regarding Web analytics

GetPodcast uses web analytics services from Google Ireland Limited, Gordon House, Barrow Street, Dublin 4 (parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, hereinafter jointly reffered to as “Google”). Google uses cookies, i.e. text files that are stored on your computer and in particular generates the following information:

  • Browser type/version,
  • the operating system used,
  • Referrer URL (the previously visited page),
  • Host name of the accessing computer (IP address), time of the server inquiry.

The legal basis for collecting the aforementioned data is is your explicit consent in accordance Art. 6 para. 1 s. 1 (a) GDPR. The information generated by the cookie about your use of our Website is transmitted to a Google server, which may be located in the USA and stored there. By activating the IP anonymisation carried out by radio.de, however, your IP address will first be truncated by Google within the member states of the European Union or other States party to the Agreement on the European Economic Area. Any transfer to a country outside the EU or the EEA that may be necessary in individual cases is based on data protection guarantees pursuant to Art. 45 ff. GDPR, in particular in the form of data transfer agreements containing the standard contractual clauses approved by the EU Commission. Google will use this information on behalf of radio.de to analyse your use of the Website, to compile reports on website activity and to provide radio.de with other services relating to the Website and internet use. The IP address sent by your browser in the frame of Google Analytics will not be linked to any other data held by Google. radio.de does not have any influence on the extent of any such data collection by Google. The purpose and scope of the data collection, and the further processing and use of the data by Google and your rights and setting options to protect your data privacy, can be found in Google's privacy policy at https://policies.google.com/privacy?hl=en You may prevent the storage of cookies on your computer by selecting the appropriate settings on your browser software; however, radio.de wishes to point out that if you do so, you may not be able to use all available functions of this Website. As a user, you can also prevent collection of the data (including your IP address) generated by the cookie and related to your use of the Website by Google as well as the processing of this data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

The following Google analysis services are used:

  • Google Analytics, which evaluates the general use of our Website and enables us to improve its user-friendliness.
  • Google Optimize, which tests different versions of our Website and analyses their use. This enables us to improve the user-friendliness according to the version of our Website preferred by the users.

5.4. Ticketing system and help centre for customer enquiries

Zendesk

GetPodcast uses Zendesk, a customer service platform of Zendesk Inc, 1019 Market Street, San Francisco, CA 94103, USA ("Zendesk"). We use Zendesk to respond to customer enquiries through a ticketing system and to provide you with a help center on our Website with the most common questions and answers.

If you send us a message via the Help Center via the button "Submit request”, the data necessary to process your request, such as your email address - as described in section 3.3. of this privacy policy - is collected via our Website in order to be able to process your support ticket.

The data processed in each case is stored on Zendesk servers, which may also be located outside of the EU, i.e. in the USA or the Asia-Pacific region. Zendesk processes the personal data exclusively in accordance with our instructions according to a data processing agreement. Any transfer to a country outside the EU or the EEA that may be necessary in individual cases is based on data protection guarantees pursuant to Art. 45 ff. GDPR, in particular in the form of data transfer agreements containing the standard contractual clauses approved by the EU Commission. The legal basis for the use of Zendesk is Art. 6 para. 1 s. 1 (a), provided that you have given us your explicit consent, as well as (f) GDPR, provided that we have a legitimate interest in using a third-party service provider for the purpose of simplifying our operational procedures when answering your questions about our services.

The purpose and scope of data collection and the further processing and use of your personal data by Zendesk, as well as the rights and settings for data protection, can be found in the Zendesk’s privacy policy: https://www.zendesk.com/company/customers-partners/privacy-policy/, https://support.zendesk.com/hc/en-us/articles/360022366953-Complying-with-Privacy-and-Data-Protection-Law-in-Zendesk-products.

6. Your data protection rights

In accordance with the GDPR as well as in accordance with the relevant provisions of European law and national law, you you have the following rights within the scope of the respective provision, which you can exercise over radio.de - unless otherwise stated - e.g. by sending an email to [email protected] or to the contact data stated under section 2. radio.de will fulfil your rights if the relevant conditions are met:

Right of access

In accordance with Art. 15 GDPR, you can obtain confirmation from radio.de as to whether or not your personal data is collected, processed and stored by radio.de. If such a collection, processing and storage exists, you can, among other things, obtain information from radio.de about the purposes for which the personal data is collected and processed and the planned duration of storage of your personal data or, if specific information on this is not possible, about criteria for determining the duration of storage.

Right to rectification

If the personal data collected and processed concerning you is incorrect or incomplete, you have the right of rectification and/or completion of your personal data in accordance with Art. 16 GDPR towards radio.de.

Right to restriction of processing

In accordance with Art. 18 GDPR, you can request the restriction of the processing of your personal data.

Right to erasure

In accordance with Art. 17 GDPR, you can obtain from radio.de the erasure of your personal will be deleted immediately. radio.de may be obliged to delete this data immediately if the personal data relating to you is no longer necessary for the purposes for which it was collected or otherwise processed, or if you have withdrawn your consent to which the collection, processing and storage relates. The right to deletion does not exist, among other things, if the processing is necessary to fulfil a legal obligation which requires the collection and processing according to the law of the Union or the member states to which radio.de is subject and if the collection and processing is necessary for the assertion, exercise or defence of legal claims.

Right to data portability

In accordance with Art. 20 GDPR, you have the right to receive your personal data that you have provided to us as the data controller in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another person in charge, without hindrance from us.

Right to object

According to Art. 21 GDPR, you have the right to object to the processing of personal data concerning you. Pursuant to Art. 21 para. 1 GDPR, you may at any time, for reasons arising from your particular situation, object to the processing of personal data carried out on the basis of Art. 6 para. 1 s. 1 (f) GDPR.

Right to withdraw consent

If you have given us your consent to the collecting and processing of your personal data, you have the right to withdraw your consent under data protection law at any time in accordance with Art. 7 para. 3 GDPR. Processing that took place before the withdrawal remains unaffected by this.

Right to lodge a complaint with a supervisory authority

According to Art. 77 GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, your place of work or the place of the alleged infringement, in case that you believe that the collection and processing of your personal data infringes the GDPR.

7. Miscellaneous

In the further development of the services offered and the implementation of new technologies, radio.de reserves the right to update this data protection declaration at any time. radio.de therefore asks you to regularly take note of our privacy policy available here.

Version: October 2020

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