Privacy Policy

Last Updated : October, 2022

1. GENERAL

1.1 SHOUTCAST SPRL (hereinafter referred to as “SHOUTCAST”) respects the privacy of its Publishers (hereinafter referred to as the “Publishers”).

1.2 SHOUTCAST processes the personal data transmitted to it in accordance with the legislation in force, and in particular with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, applicable as of 25 May 2018 (hereinafter referred to as the “GDPR”).

1.3 This privacy policy (hereinafter referred to as the “Privacy Policy”), is valid for all pages hosted on the website www.shoutcast.com (hereinafter referred to as the “Website”) and its platform (hereinafter referred to as the “Platform”). It does not apply to pages hosted by third parties to which SHOUTCAST may link and whose privacy policies may differ. SHOUTCAST shall therefore not be held responsible for any data processed on or by such websites.

1.4 The Publisher acknowledges having read the information below and authorises SHOUTCAST and/or the service providers acting on its behalf to process, in accordance with what is specified in the Privacy Policy, the personal data he/she enters on the website / the platform.

2. DATA CONTROLLER

2.1 Access to the Website/Platform is granted without having to provide personal data to SHOUTCAST, such as surname, first name, postal address, e-mail address, etc.

2.2 The Publisher may, however, be asked to voluntarily provide certain personal data. In such case, the person in charge of the processing (data controller) of this data is:

SHOUTCAST SPRL
451, Route de Lennik
1070 Brussels
Belgium

2.3 Any questions or requests concerning the processing of this data can be sent to the following address: support@shoutcast.com.

3. DATA COLLECTED / PROCESSED

3.1 By accessing the Website / Platform, the Publisher allows SHOUTCAST to record and store, for the purposes mentioned in point 4, the following information:

  • identification data, such as IP address and/or Device ID, surname and first name, title, e-mail address, date of birth and postal address;
  • banking information necessary for ordering, such as bank account numbers, IBAN and BIC/SWIFT;
  • communications between the Publisher and SHOUTCAST;

3.2 The Publisher also authorises SHOUTCAST to record and store, for the purposes mentioned in point 4:

  • information voluntarily provided by the Publisher for a purpose set out in the Privacy Policy, the General Terms & Conditions of Use, the General Terms & Conditions of Sale, the Cookies Policy, on the Website/Application or on any other communication medium used by SHOUTCAST;
  • additional information requested by SHOUTCAST from the Publisher in order to identify him/her or to prevent him/her from violating any of the provisions of the Privacy Policy.

3.3 In order to facilitate navigation on the Website/ Platform and to optimise technical management, the Website/ Platform may use "cookies". All information relating to "cookies" can be found in the SHOUTCAST Cookies Policy.

3.4 When the Publisher accesses the Website / Platform, the servers consulted automatically record certain data, such as:

  • the type of domain with which the Publisher connects to the Internet;
  • the IP address assigned to the Publisher (when he/she connects);
  • the date and time of access to the Website / Platform and other traffic data;
  • location data or other communication data;
  • the pages consulted;
  • the type of browser used;
  • the platform and/or operating system used;
  • the search engine and keywords used to find the Website / Platform.

3.5 No nominative data allowing the identification of the Publisher is collected through the cookies and servers consulted. This information is only kept for statistical purposes and to improve the Website / Platform.

4. PURPOSES OF THE PROCESSING

4.1 SHOUTCAST collects, records and uses the data of the Publishers of its Website / Platform in particular for the following purposes:

  • to validate the registration of a Publisher to the Platform;
  • to respond to the Publisher's requests for information;
  • to offer the SCHOUTCAST services to the Publisher;
  • to keep the Publisher informed of SHOUTCAST ' publications and activities;
  • to analyse, adapt and improve the content of the Website / Application;
  • to facilitate the provision and use of the Website / Application;
  • to personalise the Publisher's experience on the Website / Application;
  • for possible marketing actions and promotions;
  • for any other purpose for which the Publisher has expressly given his/her consent.

4.2 The legal basis for the processing of your personal data is therefore based on your consent, on the execution of any request from you, on our legitimate interest insofar as it is consistent with your interests, freedoms and fundamental rights. We have a legitimate interest in providing you with this information and in communicating with you, in particular to respond to your requests or to improve our services. Processing of your personal data may also be carried out on the basis of legal obligations imposed on the data controller, for the safeguarding of vital interests, for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.

4.3 Although the legal basis for our processing is your consent, you have the right to withdraw it at any time without prejudice to the lawfulness of the processing carried out prior to the withdrawal thereof.

5. RIGHTS OF THE DATA SUBJECT

5.1 According to the regulations on the processing of personal data, the Publisher has the following rights:

  • Right to be informed of the purposes of the processing and the identity of the data controller.
  • Right of access and verification of data: the Publisher may at any time have access to the data that SHOUTCAST holds on him/her or check whether he/she is included in SHOUTCAST ' database.
  • Right to object: the Publisher may at any time object to the use of his/her data by SHOUTCAST.
  • Right of deletion and/or modification: the Publisher may at any time inform SHOUTCAST of the corrections to be made to the data concerning him/her and, where applicable, request the deletion of his/her personal data, with the exception of data which SHOUTCAST is legally obliged to retain.
  • Right to limit processing: the Publisher may obtain the limitation of processing when he/she has objected to the processing, when he/she disputes the accuracy of the data, when he/she considers that the processing is unlawful.
  • Right of portability: the Publisher has the right to receive the personal data that he/she has communicated to SHOUTCAST and may also request SHOUTCAST to transfer such data to another data controller.

5.2 In order to exercise his/her rights, the Publisher shall send a written request, together with a copy of his/her identity card or passport, to the data controller:

5.3 SHOUTCAST shall then take all necessary steps to comply with such request as soon as possible and in any event within one month of receiving the request. If necessary, this period may be extended by two months, depending on the complexity and number of requests.

6. RETENTION PERIOD

6.1 SHOUTCAST shall keep Publishers' personal data for as long as is necessary to fulfil the purposes set out in point 4.

6.2 SHOUTCAST may also continue to hold personal data concerning the Publisher, including any correspondence or requests for assistance addressed to SHOUTCAST, in order to be able to respond to any questions or complaints addressed to SHOUTCAST, and in order to comply with all applicable laws.

7. CLAIMS TO THE SUPERVISORY AUTHORITY

The Publisher is informed that he/she has the right to lodge a complaint with the Belgian Data Protection Authority (“APD”), whose contact email address is as follows: contact@apd-gba.be

8. SECURITY

8.1 SHOUTCAST has taken the appropriate organisational and technical measures to guarantee a level of security appropriate to the risk and to ensure that the servers hosting the personal data processed prevent, insofar as possible:

  • unauthorised access to or modification of such data;
  • improper use or disclosure of such data;
  • the unlawful destruction or accidental loss of such data.

8.2 In this respect, employees of SHOUTCAST who have access to such data are subject to a strict obligation of confidentiality. SHOUTCAST shall not, however, be held liable in the event of misappropriation of such data by a third party despite the security measures adopted.

8.3 Publishers undertake not to commit any act that may be contrary to this Privacy Policy, the General Terms & Conditions of Use, the General Terms & Conditions of Sale, the Cookies Policy or, in general, the law. Violations of the confidentiality, integrity and availability of computer systems and of the data stored, processed or transmitted by such systems, or the attempt to commit any of such violations, are punishable by imprisonment for a period of three months to five years and a fine of twenty-six euros to two hundred thousand euros or one of these penalties only, without prejudice to any other legal provisions applicable to such violations.

9. DISCLOSURE TO THIRD PARTIES

9.1 SHOUTCAST considers personal data as confidential information. It will not disclose them to third parties under conditions other than those specified in the Privacy Policy, for the purposes referred to and defined in point 4 or under the conditions in which the law obliges it to do so.

9.2 Access to data, in addition to that vested in the data controller and its employees as indicated in point 8 above, may, in certain cases, be granted to certain categories of external recipients, such as technical service providers, courier services, hosting providers, IT companies, legal advisors, marketing services (i.e. Hubspot, Zendesk, Stripe and Auth0).

9.3 The updated list of these recipients may be requested from the data controller at any time.

9.4 The communication of such information to the above-mentioned persons shall, in all circumstances, be limited to what is strictly necessary or required by the applicable regulations.

10. TRANSFER TO A COUNTRY OUTSIDE THE EUROPEAN UNION

SHOUTCAST shall only transfer data to a country outside the European Union if that country provides an adequate level of protection in accordance with the applicable legislation, and in particular the GDPR. For more information on the countries offering an adequate level of protection, please see: Adequacy decisions | European Commission (europa.eu)), or to the extent permitted by applicable law, for example by ensuring data protection through appropriate contractual arrangements.

11. UPDATES AND MODIFICATIONS TO THE PRIVACY POLICY

Subject to providing information to the Publishers through the Website / Platform or by any other means, SHOUTCAST may modify and adapt the Privacy Policy, in particular in order to comply with any new applicable legislation and/or regulations, the recommendations of the Belgian Data Protection Authority (“APD”), the guidelines, recommendations and best practices of the European Data Protection Committee and the decisions of the courts and tribunals in this regard. It is recommended that you consult the Privacy Policy regularly, referring to the date of the last modification indicated at the top of this document. If a Publisher objects to any modification of the Privacy Policy, he/she must immediately stop using the Website / Platform and may request the data controller to delete his/her personal data in accordance with the legal provisions and the conditions indicated in Article 5.

12. VALIDITY OF CONTRACTUAL CLAUSES

12.1 SHOUTCAST 's failure to invoke a provision of the Privacy Policy at a given time shall not be construed as a waiver of its right to subsequently assert its rights thereunder.

12.2 The invalidity, lapse or unenforceability of all or part of any of the foregoing or following provisions shall not render the entire Privacy Policy invalid. The provision that is wholly or partially invalid, lapsed or unenforceable shall be deemed to be null and void. SHOUTCAST undertakes to replace such provision with another that pursues, insofar as possible, the same objective.

13. APPLICABLE LAW AND JURISDICTION

13.1 The validity, interpretation and/or enforcement of the Privacy Policy shall be governed by French law, to the fullest extent permitted by the applicable rules of private international law.

13.2 In the event of any dispute relating to the validity, interpretation or enforcement of the Privacy Policy, the courts of Paris shall have exclusive jurisdiction, to the fullest extent permitted by applicable rules of private international law.

13.3 Before taking any steps towards resolving a dispute through the courts, the Publisher and SHOUTCAST undertake to attempt to resolve the dispute amicably. To this end, they shall first contact each other before resorting, where appropriate, to mediation, arbitration or any other alternative dispute resolution method.

Entry into force: October 2022