This is the privacy policy (“Privacy Policy”) for Grow Your Show, LLC (“GYS” or “we” or “us” and the possessive “our”) whose headquarters is 2255 Sheridan Blvd., Unit C-110, Edgewater, CO, 80214. GYS values your privacy in your personal information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a natural person. This Privacy Policy is incorporated into and made a part of the Terms of Service Agreement for Grow Your Show, LLC among us and the various “Customers” (defined therein) (the “TOS”). Capitalized terms used, but not otherwise defined in this Privacy Policy have the meanings given to them in the TOS. The purpose of this Privacy Policy is to describe for our Customers and other visitors to our Website (collectively, with Customers, “Visitors”), what information about them, including Personal Information (defined below) we collect, store, use, and disclose, and how we collect, store, use, and disclose that information. 

Please read this Privacy Policy carefully. If you do not agree with anything in this Privacy Policy, please do not use the Website or provide any information to us. By using our Website, you accept the terms of and consent to this Privacy Policy. We reserve the right, at any time, to modify, update or revise this Privacy Policy. We will post those revisions to our Website, and your continued use of the Website will constitute your consent to the modifications. You should review this Privacy Policy periodically to keep up to date on the most current versions.  

GYS is a “Service Provider”.  GYS provides the Website and its Services as a Service Provider to its Customers, and as such, the TOS describes the business purposes for which GYS collects and processes User Data (such purposes, the “Services”). To allow GYS to provide the Service, and for Customers to use the Website, GYS must collect and be permitted to disseminate certain information as further described in the TOS and this Privacy Policy. You agree that GYS may provide information to other Customers as well as third parties utilized by GYS to provide the Service, and that such disclosure do not constitute the sale of your information. That information includes, without limitation, the  Personal Information, and information about the Customer’s business and statistical, resulting, and other data relating to a Customer’s podcast episodes. The TOS and this Privacy Policy govern what GYS is authorized to do with such Customer information. GYS will not sell your Personal Information to third parties and will only disclose your information to third parties as part of the Service or as provided in the TOS or this Privacy Policy.

GYS Users are Responsible for their own privacy compliance. Visitors are responsible for their own compliance with applicable law in their collection and use of information about GYS, other Customers and third parties, and will not use any personal information collected from the Website or from GYS for any purpose other than to facilitate their own use of the Services.  

1. The Types of Information That We Collect from Users. We collect Personal Information about Customers as they use our Website. The term “Personal Information” means any information that alone or with other information can be used to identify a natural person, directly or indirectly, such as by an identification number (e.g., social security number) or one or more factors specific to the person’s identity (e.g., name, date of birth, biometric data, fingerprints, DNA, etc.). 

1. Information You Give Us. In using our Website, you may provide us with Personal Information that we use to help provide you with service, including, but not be limited to:

• Account login information; 
• Name, address, and telephone number; 
• Email address; 
• Contact preferences; 
• Company/employer;
• Passwords and other online identifiers;
• Internet Protocol address (“IP Address”);

1. Payment Information. If you make payments to us or third parties, through us, then you may provide us with certain financial information (like your bank account or credit card information, payment instrument and expiration date, and transaction details) to process payments, which we may provide to third party payment processors.

1. Other Information. You may also provide information while using our Website, which may or may not constitute Personal Information,  such as:

• Behavioral or demographic attributes; 
• Biometric data (including photos);
• Data from opt-in lists, surveys, and publicly available information;
• Unique Id’s such as cookies placed on a computer or device;
• Information IP Addresses or mobile devices, such as location services;
• Other Information you may provide.

1. Information We Collect from Your Use of the Website. When you use our Website, we collect Personal Information about how you use the Website which may be tracked and collected.  Such information may include:

• Geo-location Information. We may collect information about your location through your IP address or mobile device’s location services. Most mobile devices allow you to control the use of location services for applications in the device’s settings menu. 

• Usage Information. We collect information about your interactions with our Website such as the pages or content you view, your searches, and other actions.

• Log Data and Device Information. We collect log data and device information which may include details about how you’ve used the Website (including if you click on links to third party applications), IP address, access dates and times, hardware and software information, device information, and unique identifiers.

• Cookies and Similar Technologies. We use cookies, web beacons, pixels, browser analysis tools, server logs, mobile identifiers, and similar technologies when you use our Website. These technologies allow us to collect information by automated means. In many cases this information is collected using cookies unassociated with Personal Information, and in other cases, the information is associated with your Personal Information. Our business partners may also use these tracking technologies on their or our behalf. Cookies and similar technologies are described in greater detail in “How We Collect Your Personal Information” below.

1. Children’s Data. Our Website is not directed toward children under 16 and we do not knowingly collect any personal information directly from children under 16. If you believe that we are processing personal information about a child inappropriately, please contact us using the information provided under the “Contact Us” section below.

1. Public Information.  Information that we obtain from public sources.

1. Google. We may use Google Analytics to collect and process information about your use of the Website. Google sets cookies on your browser or device, and sends information to Google, and Google uses this information to provide us with reports that we use to better understand and measure how users interact with our Website. To learn more about how Google uses data, visit Google’s Privacy Policy and Google’s page on “How Google uses data when you use our partners’ sites or apps.” You may download the Google Analytics Opt-out Browser Add-on for each web browser you use, but this does not prevent the use of other analytics tools. To learn more about Google Analytics cookies, visit Google Analytics Cookie Usage on Websites.

1. Surveys. We also may collect information by periodically conducting business and individual customer surveys and interviews to help us improve our products and services.

2. How we collect Personal Information. We collect information from you in the following ways:

1. Usage Information. Some Personal Information is obtained from your use of the Website, such as when you create an Account, log in, and interact on the Website.

1. Cookies and Cookie Policy. Cookies are data files on your computer that help you navigate among pages efficiently and improve user experience and help us, among other things, remember your preferences, measure activity, and create statistical reports. 

• Session Cookies. Session Cookies enable users to navigate our Website and use its features more efficiently.

• Performance Cookies. Performance Cookies allow us to identify popular areas and features, count visits to our Website, and aggregate anonymous user website behavior to improve how the Website works.

• Functionality Cookies. Functionality Cookies help remember choices you make and provide enhanced, personal features to improve your user experience. 

• Targeting Cookies. Targeting Cookies are used for web analytics purposes on an aggregated and anonymous basis.  

• Managing cookies. Many website browsers are set to accept cookies, but you can change your browser settings to reject cookies. However, if you choose to disable cookies from our Website, you may not be able to use certain features of the site and have impaired functionality. Visit www.aboutcookies.org to learn about how to control cookies.

• Do Not Track. While you may disable the usage of cookies through your browser settings, our Website currently does not respond to “Do Not Track” signal requests from your browser or mobile application and we do not honor “Do Not Track” requests. 

1. Server Logs and Beacons. Web server logs are activity records created when Visitors visit web pages, such as search terms, device information, browser information, IP address, access times, and pages viewed. Web Beacons are electronic files that allow us to recognize and count Visitors and can be used to determine response rates to our communications.  

1. Third-Party Data Sources. We may also receive marketing information from third parties that include information collected from online and offline sources. We may collect information that other Customers provide about you when they use our Services. 

1. Device Information and Location Information. We collect information about your devices, such as location, hardware and software, operating system, device memory, advertising identifiers, application identifiers, browser type, language, time zone; device sensor information. We may ask for permission to collect images and other information from your device’s camera. 

1. Social Networking Sites. You authorize us to access certain information about you from social networking sites you use to log in to our Website. We are active on social media and podcasting sites. Anything you post on Social Media or podcasting sites is public information and will not be treated confidentially. We may post on the Website and our Social Media pages any comments or content that you post on our Social Media pages.

3. How We Use Personal Information We Collect. We use Personal Information to provide the Website and Service to you, subject to applicable data protection laws.  

1. General Uses. You agree that we may obtain, use, and process Personal Information to enable us to discharge the Services and for related purposes, including to:

• enable your access and use of the Website;
• understand your preferences to enhance your user experience;
• respond to your feedback and provide customer service;
• communicate about products, services, and marketing materials;
• update and enhance our records;

• perform analytics and conduct research;
• send you service messages, updates, alerts, and notifications;
• comply with law and enforce contractual obligations; 
• carry out credit checks, background checks and crime and fraud prevention and legal and regulatory compliance;
• enforce the TOS, and other legal and contractual policies;
• detect fraud, spam, abuse, security incidents, and other harmful activity;
• conduct security investigations and risk assessments;
• send messages, marketing, advertising, and other information (including information about our partner campaigns and services);
• measure, and improve our advertising, and
• administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events.

1. Profiling.  We may analyze Personal Information such as gender, age, education, employment, industry sector, or other demographic information of our Customers to create profiles of interests and preferences so that we can contact you with products and service information, monitor usage, and improve the quality of our Services. Profiles may be shared with third parties.

4. How We Share Information. We share or disclose your Personal Information in the following situations:

1. With Other Customers. We may share your information you have authorized us to share with other Customers. In addition, during your use of the Services, we will collect, compile, analyze, and evaluate statistical data and results relating to your podcast(s) and episodes, including, but not limited to listener numbers, unique listens, listener profiles, listener demographics, podcast rankings and reviews, placements, and results of the podcasts, outreach, and marketing efforts (collectively, “Statistical Data”). We use Statistical Data to evaluate success of Customer podcasts and our Services, both at the individual Customer level and broadly across all Customers and for our marketing purposes to share with other Customers, potential Customers, public sources, and podcast ranking sites such as listennotes.com, podkite.com, and chartable.com to evaluate exposure and outreach. We provide periodic reports to Customers showing the Customer’s Statistical Data, other Customers’ Statistical Data (for comparison and analytic purposes) and aggregated Statistical Data. When we share Statistical Data, we also identify the Customer, stating that the data is that Customer’s Statistical Data for marketing, sales, evaluation, and reporting purposes. We share Customer’s Statistical Data with third parties, including public sites, and post them on the Website and in the public domain.

1. Third Parties. We may share your information with third parties:

• Service Providers. We may share information about you with our employees, contractors and third-party service providers who have a need to access this information to assist us in providing the Services.

• Business Partners. We may share information about you with business partners that provide services and functionality. Our Website may also contain third-party links, third-party integrations, or offer a co-branded or third-party-branded services. GYS is not responsible for the content and/or collection of data at websites other than our Website, even if linked to or from our Website. You must review the applicable privacy policies of any websites linked from our Website to assess your rights under those policies.

• Merger or Acquisition. If we become involved in a merger, asset sale, financing, liquidation or bankruptcy, or sale/acquisition of all or some portion of our business, we may share your information with the other company before and after the transaction closes.

• Marketing. We may share information about you with third party providers for their products or services. We also may use your information to send you email marketing, direct mail marketing and other marketing of our products and services (and those of our partners). We may let other companies, on our behalf, and for the purposes provided herein, use cookies, web beacons, and similar technologies to collect information about how you use our Services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, and better understand your online activity. Some companies we use in our Services may use information to measure the performance of ads and deliver more relevant ads on our behalf. You can opt-out of marketing emails, by clicking the link labeled “unsubscribe” at the bottom of any marketing email we send you. Please note that even if you opt-out of marketing communications, we may still need to contact you.

• Legal Reasons. We may share information about you if we reasonably believe that disclosing the information is needed to (a) comply with legal process, governmental request, or applicable law, rule, or regulation; (b) investigate, remedy, or enforce potential contract violations; (c) protect rights, property, and safety; (d) detect and resolve fraud or security concerns; or (e) respond to claims by third parties that your use of the Website violates their rights (including intellectual property rights). We reserve the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone. We reserve the right to take all appropriate legal action, including referrals to law enforcement agencies. You release and hold us and our affiliates, licensees, licensors, and service providers harmless from any claims resulting from any action taken by any of them during, or because of investigations or legal process.

We are not responsible for how third parties collect or use your data. We encourage you to review the privacy policies of every third-party service that you visit or use, including those third parties you interact with through our Website or Services.  

5. How We Protect Your Information. We use a combination of administrative, physical, and technical tools and security procedures to safeguard your information from unauthorized access to, erroneous disclosure of, loss or destruction of, or unlawful interception of Personal Information. Our computer systems utilize industry standard security measures designed to prevent unauthorized access. However, no security system is perfect, and we cannot promise, and you shall not expect, that your Personal Information will remain secure in all circumstances. While we strive to protect your Personal Information, we cannot guarantee the security of information you provide to us or that unauthorized access to or manipulation of it can be prevented, and you do so at your own risk. We cannot guarantee that your Personal Information will not be accessed, disclosed, altered, or destroyed because of an attack to our systems or any other event beyond our reasonable control. We expressly disclaim any representation or warranty, whether express or implied, with respect to ensuring, guaranteeing, or otherwise offering any definitive promise of security in connection with your Personal Information.

6. How Long We Keep Your Information. We store your Personal Information until you terminate your Account with us. If you decide to stop using the Service, we must retain certain Personal Information for as long as is necessary to perform contracts, and to comply with our legal obligations, data backup, or reporting requirements. We may also retain some of your Personal Information as necessary for our legitimate business reasons. Additionally, some copies of your information (e.g., log records) may remain in our database.

7. Not Intended for Use in Europe. We control and operate the Website from the United States, and the Program is not intended to be subject to the laws or jurisdiction of any country or territory in the European Union (EU) or European Economic Area (EEA). Other than as provided herein, GYS does not represent or warrant that the Website are appropriate for use in the EU/EEA, and you access our Website from the EU/EEA at your own initiative and are responsible for complying with all applicable laws, rules, and regulations. The interpretation and enforcement of this Policy shall not be governed by the rules and regulations applicable to the EU/EEA.

8. European Union Residents. THIS SECTION ONLY APPLIES TO YOU IF YOU ARE LOCATED IN THE EU. For purposes of this section the terms “personal data”, “processing” and “automated decision” have the same meanings set forth under the EU General Data Protection Regulation 2016/679 (“GDPR”). 

1. Legal Basis for Processing. When we process your personal data, it will have a legal basis as required under GDPR.  We will only process your personal data if:  (i) it has received your express opt-in consent for processing, (ii) the processing is necessary for performance of a contract, (iii) the processing is necessary for a legal obligation to which we are subject, (iv) the processing is necessary to protect your vital interests, (v) the processing is necessary for a task carried out in the public interest, or (vi) if we or a third party has a legitimate interest that is not overridden by your interests or fundamental rights and freedoms.

1. Right to Withdraw Your Consent. You may withdraw your consent for us to process your personal data at any time by emailing [email protected].

1. Marketing. We do not process personal data for marketing purposes without first obtaining your express, opt-in consent or having a legitimate interest for doing so. You have the right to object to the processing of your personal data for marketing purposes at any time by contacting us at [email protected]. 

1. Automated Decision Making. We  do not make any automated decisions on your behalf or about you without first obtaining your express, opt-in consent. If we obtain your consent to do so, you have the right to object to the processing of personal data via automated decision making at any time by contacting us at [email protected]. 

1. Your Rights and Choices. GDPR provides certain rights to individuals in relation to their personal data, although some exceptions apply. We will comply with requests made relating to the following rights if required by applicable law. We may require you to prove your identity before we modify, provide, delete, or transfer your personal data.

• Right of Access. You have the right to be informed of and request access to the personal data we process about you.

• Right to Rectification. You have the right to request that we amend or update inaccurate or incomplete personal data.

• Right to Erasure (Deletion). Under certain circumstances, you have the right to request deletion of your personal data.

• Right to Restrict. Under certain circumstances, you have the right to request that we temporarily or permanently stop processing all or some of your personal data.

• Right to Object. Under certain circumstances, you have the right to object to our processing of your personal data, such as for direct marketing purposes or when automated decision making is used.

• Right to Data Portability. You have the right to request a copy of your personal data in electronic format and request that we send such personal data to another party.
• Communication Preferences and Opt-Outs. You have the right to stop receiving communications from us at any time by contacting [email protected] at no additional cost.

• Right to Lodge a Complaint. You have the right to lodge a complaint with the applicable supervisory authority.

1. Transfer to Third Parties and Countries. We will only transfer EU data subject’s personal data to third-parties located outside of the EU if we have ensured appropriate safeguards for such personal data, such as through the standard contractual clauses with such third party. We may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

9. California Residents. THIS SECTION APPLIES ONLY TO CUSTOMERS IN CALIFORNIA ACTING IN THEIR INDIVIDUAL CAPACITY.  In this section only, any capitalized terms not defined in this Privacy Policy have the meanings set forth in the California Consumer Privacy Act of 2018 as it may be amended (the “CCPA”).

1. Collection, Source, Purpose, and Sharing of your Personal Information

• Categories of Personal Information. We collect the following categories of Personal Information: (i) Identifiers; (ii) Customer Records; (iii) Internet Activity; (iv) Employment Information; and (v) Education Information.

• Categories of Sources from which Personal Information is Collected.  We collect Personal Information (i) directly from you; and (ii) automatically using cookies and other tracking technologies.

• Purposes for Collecting Personal Information.  Our purposes for collecting your Personal Information are described in Section 3 of this Policy.

• Categories of Third Parties/Service Providers with whom Personal Information is Shared.  The categories of third parties and/or service providers with whom we share your Personal Information are described in Section 4 of this Privacy Policy.

• Categories of Personal Information Disclosed for a Business Purpose. In the last 12 months we disclosed the following categories of Personal Information for Business Purposes, where “Business Purposes” has the definition set forth in the CCPA: i) Identifiers; (ii) Customer Records; (iii) Internet Activity; (iv) Employment Information; and (v) Education Information.

• We Do Not Sell Personal Information. In the last 12 months we have not Sold your Personal Information and we currently do not Sell Personal Information. “Sold” / “Sell” has the definition set forth in the CCPA.

1. Right to Know. California residents have the right to request access to the following information: (a) the categories of Personal Information we collected from you in the prior 12-month period, (b) the categories of sources from which the Personal Information was collected, (c) the business or commercial purpose for collecting or Sold your Personal Information, (d) the categories of Personal Information that we Sold to third parties or otherwise disclosed for a business purpose in the prior 12-month period, and (e) the categories of third parties to whom we Sold or shared your Personal Information. 

1. Right to Access. You have a right to request that we disclose to you the specific pieces of Personal Information that we have collected about you in the prior 12-month period.

1. Right to Deletion. You have a right to request that we delete Personal Information we collected from you. 

1. How to Exercise Your Rights of Access and Deletion. To exercise your California rights described in this section, you may submit your request to us by contacting us at [email protected].

1. Who May Exercise Your Right to Know, Access and Deletion. You may make a request to exercise the above rights to know, access and deletion on behalf of yourself or a child if you are a parent or legal guardian of the child. You may authorize an agent to exercise these rights on your behalf, if you provide the agent with written permission and, if the agent is a business, the agent is registered with the California Secretary of State. If your agent contacts us to exercise the above rights, we will need to verify their and your identity. We will require proof of your written authorization to the agent both to act as your agent and to submit the request to us, unless the agent is subject to a Power of Attorney under California probate laws. 

1. Verification of Your Request to Know, Access and Deletion. Once we receive your request, we will contact you to confirm receipt of your request. We may contact you to provide us with additional information to allow us to verify your identity. To verify your request, you must provide sufficient information that allows us to reasonably verify you are the person that is the subject of the requested Personal Information. If you use an agent to make your request, we will need to verify the agent’s identity. Verification of your request may require you, or your agent if applicable, to sign a declaration under penalty of perjury verifying identity. We may deny your request as permitted by law, if we are unable to verify your identity, or if an agent makes the request on your behalf, if we are unable to verify their identity or proof of their authorization. 

1. When We Will Respond to Your Request to Know, Access and Deletion. We will confirm receipt of your request within 10 business days. We will try to respond to your request within 45 calendar days. If we require additional time to respond, we will inform you of the reason and may take an additional 45 calendar days to respond. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. We may charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded. 

1. Shine the Light. California residents have the right to receive, once a year, information about third parties with whom we have shared their Personal Information for marketing purposes during the previous calendar year, and a description of the categories of Personal Information shared. To make such a request, please email us by using the “Contact Us” section of the Website and include the phrase “California Privacy Request” in the subject line, along with your name, address, and email address. We will respond within thirty days of receipt.

10. Contacting Us. You can contact us at:  

Grow Your Show, LLC

2255 Sheridan Blvd., Unit C-110, Edgewater, CO, 80214

or by email at:  [email protected].

11. Revisions to This Policy. We reserve the right to revise, amend, or modify this Privacy Policy, our TOS, and our other policies and agreements at any time and in any manner, by updating and posting the revised Privacy Policy or TOS. Your use of this Website following such notice constitutes your acknowledgment and acceptance of their changes.

14. Miscellaneous. If any part of the Privacy Policy is determined to be invalid or unenforceable under applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Privacy Policy shall continue in force and effect.

15. Dispute Resolution.  Any disputes or claims regarding or arising out of this Privacy Policy, or the enforcement or interpretation of this Privacy Policy will be subject to dispute resolution procedures and rights set forth in the TOS. 

This Privacy Policy was last updated as of January 31, 2022.

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