Privacy Policy

Overall Privacy Policy

In our mission to make audio streaming better for everyone at Audiospace, we collect and use information about you, our

Audiospace Users the using Audiospace platforms to power their business
End-Users who access an App, web-based play center or website powered by an Audiospace Platform
visitors to Audiospace websites, or anyone contacting Audiospace support

This Privacy Policy will help you better understand how we collect, use, and share your personal information. If we change our privacy practices, we may update this privacy policy. If any changes are significant, we will let you know (for example, through the Audiospace admin or by email).

Why we process your information

We generally process your information when we need to do so to fulfill a contractual obligation (for example, to process your subscription payments to use the Audiospace platform), or where we or someone we work with needs to use your personal information for a reason related to their business (for example, to provide you with a service). Laws in the European Economic Area (“EEA”) and in the United Kingdom (“UK”) call these reasons “legitimate interests.” These “legitimate interests” include:

preventing risk and fraud
answering questions or providing other types of support
providing and improving our products and services
providing reporting and analytics
testing out features or additional services
assisting with marketing, advertising, or other communications

We only process personal information for these “legitimate interests” after considering the potential risks to your privacy and balancing any risks with certain measures—for example, by providing clear transparency into our privacy practices, offering you control over your personal information where appropriate, limiting the information we keep, limiting what we do with your information, who we send your information to, how long we keep your information, or the technical measures we use to protect your information.

We may also process your personal information where you have provided your consent. In particular, where we cannot rely on an alternative legal basis for processing, where you direct us to transfer information to a third party, where we receive your data from a third party is sourced and it already comes with consent or where we are required by law to ask for your consent (including in the context of some of our sales and marketing activities). At any time, you have a right to withdraw your consent by changing your communication choices, opting out from our communications or by contacting us.

Depending on whether you are an Audiospace platform user, partner, or visitor, please refer to our supplemental privacy policies, as relevant, to understand our purposes for processing, categories of recipients and legal basis for processing for each type of personal data.

Your rights over your information

We believe you should be able to access and control your personal information no matter where you live. Depending on how you use Audiospace platforms, you may have the right to request access to, correct, amend, delete, port to another service provider, restrict, or object to certain uses of your personal information. We will not charge you more or provide you with a different level of service if you exercise any of these rights. Please note that a number of these rights apply only in certain circumstances, and all of these rights may be limited by law.

If you buy something from or otherwise provide your information to an Audiospace-powered platform and wish to exercise these rights over information about a purchase or interaction, you need to directly contact the platform owner you interacted with. We are a processor and process information on their behalf. We will of course help our Audiospace Platform users to fulfill these requests to the extent required by law, such as by giving them the tools to do so and by answering their questions.

If you are an Audiospace platform user, Audiospace employee, website visitor or other individual that Audiospace has a direct relationship with, please submit your data subject request through email. Please note that if you send us a request relating to your personal information, we have to make sure that it is you before we can respond. In order to do so, we may use a third party to collect and verify identification documents. Further information about rights available to US residents can be found below under the header “United States Regional Privacy Notice”.

If you are not happy with our response to a request, you can contact us to resolve the issue. If you are located in the EEA or UK, you also have the right to lodge a complaint with your local data protection or privacy authority at any time.

Finally, because there is no common understanding about what a “Do Not Track” signal is supposed to mean, we don’t respond to those signals in any particular way.

Where we send your information

We are a swiss company, but we work with and process data about individuals across the world. To operate our business, we may send your personal information outside of your state, province, or country, including to the United States. This data may be subject to the laws of the countries where we send it. We take steps to protect your information when we send your information across borders.

Depending on whether you are an Audiospace platform user or visitor, please refer to our supplemental privacy policies, as relevant.

Transfers outside of Europe and Switzerland

If you are located in the EEA, the UK, or Switzerland, your personal information is controlled by our Swiss affiliate, Brands Are Live AG. Your information is then sent to service providers who may be located in other regions, including the United States. When we send your personal information outside of the EEA, UK or Switzerland, we do so in accordance with applicable law.

If you are in the EEA, the UK, or Switzerland, when we then send personal information outside of the EEA (for example, when we send this information to our Subprocessors), this information is protected by contractual commitments that are comparable to those provided in the Standard Contractual Clauses.

Finally, while we do what we can to protect your information, we may at times be legally required to disclose your personal information (for example, if we receive a valid court order). For information about how we respond to such orders, please review our Guidelines for Legal Requests.

How long do we retain your information

We will retain your personal data only for as long as necessary to fulfill the purposes for which we have collected it. To determine the appropriate retention period, we consider the amount, nature and sensitivity of your personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means and the applicable legal requirements. We will also retain and use your personal information to the extent necessary to comply with our legal obligations, resolve disputes and enforce our policies. If you stop using our services or if you delete your account with us, we will delete your information or store your information in an aggregated and anonymized format.

Depending on whether you are an Audiospace platform user or visitor, please refer to our supplemental privacy policies, as relevant, for further details on the retention of your personal information.

Our use of Machine Learning

One of the ways in which we are able to help users using Audiospace is by using techniques like “machine learning” (some laws, including certain EEA and UK laws, may refer to this as “automated decision-making”) to help us improve our services. When we use machine learning, we either: (1) still have a human being involved in the process (and so are not fully automated); or (2) use machine learning in ways that don’t have legal or similarly significant effects (for example, reordering how news articles might appear when you visit an app powered by the Audiospace platform).

How we protect your information

Our teams work tirelessly to protect your information, and to ensure the security and integrity of our platform. However, we all know that no method of transmission over the Internet, and method of electronic storage, can be 100% secure. This means we cannot guarantee the absolute security of your personal information. You can find more information about our security measures in our TOM’s (Technical and Organizational Measures).

How we use “cookies” and other tracking technologies

We use cookies and similar tracking technologies on our websites and within Audiospace platform powered apps and when providing our services. For more information about how we use these technologies, including a list of other companies that place cookies on our sites, a list of cookies that we place when we power an app or website.

How you can reach us

If you would like to ask about, make a request relating to, or complain about how we process your personal information, please contact Audiospace Support, or mail us at one of the addresses below. If you would like to submit a legally binding request to demand someone else’s personal information (for example, if you have a subpoena or court order), please review our Guidelines for Legal Requests.

If you are an Audiospace platform user, Audiospace employee, website visitor or other individual that Audiospace has a direct relationship with and you are located in the EEA or UK, Brands Are Live AG is the controller of your personal data. If you buy something from or otherwise provide your information to an Audiospace-powered platform, the Audiospace platform user is your data controller and we are acting as a processor on their behalf.

If you have questions about how an app or website powered by Audiospace processes your personal information, you should contact the publisher or visit their privacy policy.

Brands Are Live AG
Dienerstrasse 33
8004 Zuerich

United States Regional Privacy Notice

This United States Regional Privacy Notice (“US Notice”) supplements our Privacy Policy and all supplemental privacy policies on www.theaudiospace.com (together, the “Audiospace Privacy Policies”).

This US Notice is for individuals residing in certain US states and is designed to help you better understand how we collect, use, and disclose your personal information and, depending on how you use Audiospace and where you reside, how to exercise available rights under various applicable privacy laws in the US, specifically the California Consumer Privacy Act, the Colorado Privacy Act, the Connecticut Act Concerning Personal Data Privacy and Online Monitoring, the Utah Consumer Privacy Act, and the Virginia Consumer Data Protection Act (collectively, the “US Privacy Laws”).

What information we collect and share about you

To provide our apps and services to you, we must process information about you, including personal information.

We do not “sell” your personal information as that term is defined under US Privacy Laws.

Here is a summary of the categories of personal information we may have collected about you over the past 12 months and with whom we may have disclosed that information to, depending on how you use Audiospace.

Categories of personal information collected Recipients of personal information
Identifiers, including name, email address, mailing address, phone number;
Personal information categories listed in the California Customer Records statute, including name, mailing and billing address, phone number, credit or debit card information;
Commercial information, including products you purchase, favorite or review (if you are a customer) and information you provide us about you and your business (if you are a customer);
Photos and videos, which may include face imagery, if you choose to provide them.
Internet or other electronic network activity information, including information regarding the device and browser you use, network connection, IP address, and how you browse through our apps and sites;
Geolocation data, including your mailing and billing address;
Inferences, or information derived from other personal information about you, which could include your preferences, interests, and other information used to personalize your experience;
Other information you provide; and
Sensitive personal information, which may include:

Government-issued identifiers, including social security, driver’s license, state identification card, or passport number;
Your account access credentials (such as account log-in, financial account, debit or credit card number in combination with any required security access code, password, or credentials allowing access to an account);
Your device’s precise location;
Information you voluntarily disclose that may reveal certain characteristics about you such as your racial or ethnic origin or sexual orientation
The contents of email messages in the email inboxes that you connect to your account, and information from email messages you transfer to through the Audiospace platform.

Companies who help us provide you with our services, including cloud storage providers, payment processors, fulfillment partners, security vendors, email providers, marketplaces and data analytics vendors;
Advertisers and marketing vendors;
Audiospace platform users whose platforms you visit;
Partners who provide a range of services to Audiospace platform users,
Law enforcement or other third parties in connection with legal requests, to comply with applicable law or to prevent harm.

Why we collect and share your Personal Information

We use and share your personal information for the purposes set out in the Audiospace Privacy Policies. For categories of sensitive personal information that we collect, we only use or disclose such information either with your specific consent when required, or as otherwise permitted by law.

Sources of Personal Information

To make our software better for everyone at Audiospace, we collect and use personal information provided by:

You: We collect the information you provide when you use our platform, including when you sign up for Audiospace, visit an Audiospace-powered platform, fill in order information, visit one of Audiospace’s websites or contact Audiospace support. We collect account and payment information you provide to us (including information about your business if applicable), Audiospace stores items you save to favorites, purchases you make, reviews you post, and how you otherwise interact or communicate with Audiospace platforms or other users on our apps or services. We also collect information about how you browse through our apps and sites, including search terms you may enter.

Your device(s): We collect information from and about the devices you use, including computers, phones, and other web-connected devices you use to access our apps or services, and we combine this information across different devices you use.

Third parties: We receive information from partners who help us provide you with our services including the following:

Email providers. If you connect your third party inboxes, such as Gmail or Outlook (according to their terms and policies and as permitted by applicable law) to the Audiospace platform, we receive information to identify related emails and display within information about specific content or interactions you have made, Audiospace platforms you have engaged with in the past, and other related information.
Service Providers. We receive information from our service providers, who help us provide services to our Audiospace platform users, like reviewing accounts for fraud or other concerns.
Sub Processes. We work with third party sub processors for cloud hosting, content delivery, data analysis, internal logging, fulfillment services and email transmission, among others, to provide you with our services. For more information, see Audiospace’s subprocessors.
Analytics and cookie providers. We receive information through our use of cookies, social plugins (such as the Facebook “like” button), pixels and tags for business purposes, such as providing information to help measure how users interact with our website content. For more information about how we use these technologies, see our Cookie Policy.

How long we keep your information

Because we need your personal information to provide Audiospace services, we generally keep your personal information, including sensitive personal information, while you use Audiospace products or services or until you tell us to delete your information. We may also keep personal information to comply with legal obligations or protect our or other’s interests.

If you are a user operating an Audiospace-powered platform, and you close the platform, stop paying your subscription fees, or we terminate your account, we retain information for two years before we begin the deletion process.

When you visit or make a purchase from a user’s Audiospace-powered platform, we act as a service provider or processor for the user, and the user, not Audiospace, decides how long your information is retained.

Your rights over your information

Depending on where you live, how you use Audiospace, and subject to certain exceptions, you may have some or all of the following rights:

Right to Know: The right to request that we disclose to you the personal information we collect, use, or disclose about you, and information about our data practices.
Right to Request Correction: The right to request that we correct inaccurate personal information that we maintain about you.
Right to Request Deletion: The right to request that we delete personal information that we have collected about you.
To exercise your rights, including the “right to know” and “right to delete,” please submit a request through email.

If you have visited or made a purchase from a user’s Audiospace-powered platform, please contact the specific user directly. If you make a request to us, we will forward your request to the relevant user.

Please note that to protect your information and the integrity of our products and services, we may need to verify your identity before processing your request. In some cases we may need to collect additional information to verify your identity, such as your email address or a government issued ID.

Under US Privacy Laws, you may also designate an authorized agent to make these requests on your behalf. If you use an authorized agent to submit a request, we may need to collect additional information, such as a government issued ID, to verify your identity before processing your request to protect your information.

For information on the CCPA requests we have received, please see here. In certain states, you may have the right to appeal our decision regarding a request related to these rights. If you wish to appeal a decision, please contact Audiospace Support.

We will not discriminate against you for exercising any of these rights.

How you can reach us

If you would like to ask about or have concerns about how we process your personal information, please contact Audiospace Support. If you want to make a request relating to your personal information, please contact us using the methods set out in the section immediately above.

For Audiospace Users

Introduction

If you are an Account Owner using Audiospace to power your business, we collect and use your personal information to provide you with the use of our platform and its services, and generally to help you better manage your business and your relationship with your customers. Additionally, please review our overall privacy policy that applies to everyone whose information we process.

What information we collect about you and why

We collect personal information when you sign up for Audiospace, when you use our platform, or when you otherwise provide us information. We may also use third party service providers (like Sift), for example to help us review accounts for fraud or other concerns. In general we need information about you for you to be able to use our platform. We process your personal data in order to perform our contract with you or because it is in our legitimate interests to maintain our business relationship, prevent risk and fraud, provide effective services to you, improve our products and services, and to be responsive to you. In some cases, we only process your personal information with your consent.

What we collect	How we use it
Information you provide us about you and your business, like your name, the name of your staff or other individuals associated with your business, company name, address, email address, and phone number.	To provide you with the use of our platform and other related services (e.g., to confirm your identity, to contact you about issues with the platform, to invoice you) To advertise and market products or features to you To comply with legal requirements To prevent fraudulent use of our services
Payment information you provide us, such as your credit or debit card number or your bank account number.	To provide you with the use of our platform and other related services To charge or payout for our services To provide Audiospace Patforms To provide Audiospace Managed Ads
Information about how you access Audiospace websites, your account, and our platform, including information about the device and browser you use, your network connection, your IP address, and details about how you browse our websites and platform. We collect some of this information by using “cookies” or other similar technologies directly from your device. For more information about how we use these technologies, see our Cookie Policy.	To provide you use of, and to improve, our platform and other related services (e.g., identifying ways to make our platform easier to use or navigate) To personalize the platform for you To advertise and market products or features to you To prevent fraudulent use of our services
If you use Audiospace Managed Ads or accept payments within your apps, we collect more specific information you provide us about your business, including your business address, business type, business ID number, bank account information, date of birth (if you are an individual business owner), and in some circumstances, government-issued identification (such as your Social Security Number, Social Information Number, Employer Identification Number, or Tax Identification Number).	To create and manage your Payments account To provide you with the Audiospace Managed Ads Payout services To conduct fraud and risk monitoring To comply with legal requirements (such as “know your customer”, anti-money laundering, or anti-terrorism laws) To provide tax documentation
Copies of government-issued and/or a picture of yourself holding your identification that you provide us.	If we need to verify your identity (e.g., to protect you against identity theft or fraud) To verify that we are speaking with you if you contact us To help us determine or verify account ownership To comply with legal requirements

We also work with companies that provide us with information about account owners or prospective account owners.

When and why we share your information with others

Running a business is hard, and we work with a variety of companies to help us provide you with a range of services to help you support your business. We sometimes share your personal information with these companies to help us provide you with Audiospace services.

We also share your personal information with others:

to prevent or investigate suspected fraud, threats to physical safety, illegal activity, or violations of a contract (like our Terms of Service) or our policies (like our Acceptable Use Policy)
to help us conduct marketing and advertising
to comply with legal requirements, or to respond to court orders, or other similar government demands
in connection with an asset sale or purchase, a share sale, purchase or merger, bankruptcy, or other business transaction or re-organisation, we will share your personal data with a prospective buyer, seller, new owner, or other relevant third party as necessary while negotiating or in relation to a change of corporate control such as a restructuring, merger, or sale of our assets.

Additionally, almost every account owner using the Audiospace platform also uses non-Audiospace services to support their business (for example, tracking apps, sales channels, payment gateways, or messaging providers).

Audiospace doesn’t control how these services use your personal information, and you should review any other service you use to make sure it meets your privacy expectations.

Your rights over your information

You can access and correct a lot of your personal information directly through the Audiospace control center. For information you are not able to access or correct directly within the Audiospace admin, please submit a data subject request through our online portal. Please refer to our Overall Privacy Policy for further information. Please note that some data subject rights only apply in certain circumstances, and all of these rights may be limited by law.

Your Users’ information

In order to power your business, we collect and use personal information about your users. In general, we collect and use this personal information as directed by you, and as further described in our Data Processing Addendum. Legally speaking, we are a “data processor” and a “service provider” as these terms are used in certain applicable privacy laws, including in Europe, the UK, and the US.

Because you decide how the personal information of your customers will be used, you need to make sure your customers understand how you (and how we on your behalf) collect and process their personal information. You should do this by, at a minimum, posting a privacy policy on your platforms that describes the information you collect, how you use it, and who you share it with.

To help get you started with this, you can check out our privacy policy templates here. Also, if you are collecting any “sensitive” personal information from your customers (for example, information about a consumer’s social security, drivers license, state identification card, or passport number; account log-in, financial account, debit or credit card numbers in combination with any required security codes or passwords; precise geolocation; health or genetic data, racial or ethnic origin, religious or philosophical beliefs, or union membership; contents of a consumer’s mail, email or text messages; or criminal offense data), you should get the affirmative, express consent from your customers to use and process this information.

For Website Visitors

Introduction

If you visit one of Audiospace’s websites or contact Audiospace support, we generally use your personal information to provide you with the specific service you are using. Additionally, please review our overall privacy policy that applies to everyone whose information we process.

What information we collect about you and why

We collect the following personal information about you when you visit one of our websites or contact Audiospace support. We process your personal data in order to perform our contract with you or because it is in our legitimate interests to maintain our business relationship, prevent risk and fraud, provide effective services to you, improve our products and services, and to be responsive to you. In some cases, we only process your personal information with your consent.

What we collect	How we use it
Information about you that you provide us about yourself, like your name, address, email address, and phone number.	To provide you use of, and to improve, the app or service you are trying to use (e.g., to confirm your identity, to contact you about issues with the platform, to invoice you) To verify that we are speaking with you To advertise and market products or features to you To comply with legal requirements
Payment information you provide us, such as your payment card number or bank account number.	To enable you to make a payment
Information about how you access and use Audiospace apps, websites, and other services, including information about the device and browser you use, your network connection, your IP address, and details about how you browse through our apps and sites, including search terms you may enter. We collect some of this information by using “cookies” or other similar technologies directly from your device. For more information about how we use these technologies, see our Cookie Policy.	To provide you use of, and to improve, our websites and related services (e.g., identifying ways to make our platform easier to use or navigate) To personalize your experience using our websites (e.g., by changing the layout of our webpages) To advertise and market products or features to you
Copies of your government-issued identification.	To verify that we are speaking with you if you contact us To comply with other legal requirements

When and why we share your information with others

We share your personal information with companies who help us provide you with our services. We also share your personal information with others:

to prevent or investigate suspected fraud, threats to physical safety, illegal activity, or violations of a contract (like our Terms of Service) or our policies (like our Acceptable Use Policy)
to help us conduct marketing and advertising
to comply with legal requirements, or to respond to court orders or other similar government demands
in connection with an asset sale or purchase, a share sale, purchase or merger, bankruptcy, or other business transaction or re-organisation, we will share your personal data with a prospective buyer, seller, new owner, or other relevant third party as necessary while negotiating or in relation to a change of corporate control such as a restructuring, merger, or sale of our assets

Your rights over your information

Please submit a data subject request through our online portal if you would like to access or request that we delete your personal information. Please keep in mind that after we anonymize your information, we will continue to use non-identifiable information to improve our services. Please note that some data subject rights only apply in certain circumstances, and all of these rights may be limited by law.

For End Users

Introduction

Audiospace provides software used by our account owners to run their businesses. If you have visited or interacted with an Audiospace-powered platform, we collect and use information about you on behalf of that particular account owner. We use this information at the direction of our account owners —they ultimately choose how and why to use your information—and act as a processor. If you have questions about how a specific account owner or platform uses your information, please visit their privacy policy.

What information we collect about you and why

What we collect	How we use it
Information you provide about yourself like your name, billing address, shipping address, email address, phone number, and payment information.	To provide account owners with our services, and enable them to operate their business—e.g., to allow them to publish their audio services
Information about how you access our websites, your account, and our platform, including information about the device and browser you use, your network connection, your IP address, and details about how you browse through our websites and platform. We collect some of this information by using “cookies” or other similar technologies directly from your device. For more information about how we use these technologies, see our Cookie Policy.	To provide account owners with our services, and enable them to operate their business (e.g., to provide them with analytics about how many people visit their apps and platforms, and to help them troubleshoot and improve their platforms)

When and why we share your information with others

We use service providers to help us provide services to our account owners. Outside of these service providers, we will only share your information if we are legally required to do so (for example, if we receive a legally binding court order or subpoena), or where an Audiospace account owner instructs us to share information on their behalf. If you have questions about how an account owner or platform shares your personal information, you should contact the account owner or visit their privacy policy.

Your rights over your information

When you visit an account owner Audiospace-powered platform, the account owner you're visiting or buying services from legally controls your information. As a result, Audiospace doesn’t, for example, decide how long your information is retained because that decision is made by the account owner. This means Audiospace can't help you access, correct, erase, or port your information without being directed to by the account owner. To make a request about your personal information, contact the specific account owner directly. If you make a request to us, we will forward your request to the relevant account owner and help them fulfill your request. If the account owner no longer exists, however, we may be able to assist you directly. Please note that some data subject rights only apply in certain circumstances, and all of these rights may be limited by law.