PRIVACY POLICY

Last updated: 27 November 2019

BCaster Oy ("BCaster") respects your privacy. This Privacy Policy informs you of BCaster's privacy practices and of the choices you ("User") can make about the way Personal Data about you, including from your online activity, is collected and how that Personal Data is used by BCaster. The term "Personal Data" comprises all information that allows or facilitates the identification of an individual.
BCaster is committed to protecting your Personal Data and your privacy.
All BCaster services are governed by this Privacy Policy and by using or accessing a service you are expected to familiarize yourself with this Privacy Policy and to understand the use and disclosure of your data as explained herein.

For the purpose of this Privacy Policy "Service" shall mean BCaster's technology platform for recording, editing and publishing audio-visual content (including without limitation still and motion pictures and other videos as well as sounds, music, speech and other audible materials; all such content hereinafter referred to as "Content") recorded by the User through a hand-held mobile device, typically a smartphone or a tablet computer (the User's device for recording hereinafter referred to as the "Device") as well as use of the cloud-based data storage service associated with the platform, as well as the use of any programs connected to or included in them, including without limitation any program(s) for editing, compiling and otherwise altering the recordings.

1. Personal Data in BCaster services

Personal Data is collected and processed in BCaster services, including the Service, in two different ways:

  1. Personal Data is collected by you by, e.g., using the BCaster's application or Service to film a video or take a picture that includes your or a third party's personal identifying information, such as a name or distinctive image of an individual's face ("User's Personal Data"); and

  2. Personal Data for which you are the data subject is collected and processed by BCaster and its services by, e.g. (i) using BCaster's Service or visiting BCaster websites, (ii) registration for BCaster services; (iii) accessing Service using a third party ID, such as social networking sites; (iv) subscribing to BCaster newsletters; (v) using social features of the applications or web sites such as "tell a friend about BCaster,"; (vi) requesting technical support; and (vii) through any use of BCaster services where personal data is required for use and/or participation ("BCaster Personal Data").

For User's Personal Data, you are the data controller and BCaster is the data processor; for BCaster Personal Data BCaster is the data controller. As such, this Privacy Policy only concerns BCaster Personal Data, whereas User shall be responsible for User's Personal Data as the data controller.

2. BCaster Personal Data and legal basis for collecting and processing

BCaster respects the privacy of people visiting its websites and Service. You may visit any of the BCaster websites without revealing any Personal Data. Therefore, there is no obligation for you to provide BCaster with your Personal Data. However, certain functionalities of services or websites, including the use of the Service, are or may be limited to be available only for registered users consenting to the processing of their Personal Data. In general, BCaster collects only Personal Data that you voluntarily provide, for example, when you upload content, provide a comment or send feedback. Both the type and amount of Personal Data collected will be limited to information that is relevant to the identified purposes and is obtained by lawful and fair means, consistent with applicable data protection legislation. However, please note that certain features of the services, including registering to the services by using social networks, may be able to connect to your social networking sites to obtain additional information about you.
BCaster will only use BCaster Personal Data for the purposes made known to you and to which BCaster has a legal basis for processing in accordance with applicable privacy laws and regulations.
Specifically, BCaster collects and processes the following BCaster Personal Data:

Category of personal data

Legal basis

Purpose of processing

Contact details, including name, email address

Performance of contract between you and BCaster, providing Service (GDPR Article 6(1)(b))

Enabling access to the user profile and providing means of communication relating to Service as well as providing information to you concerning current and upcoming features of the BCaster Service and other BCaster services

Contact details, including name, email address and pseudonymized ID

Legitimate interests of BCaster or its partners (GDPR Article 6(1)(f))

Sending commercial marketing and sales-related communications, notifications and surveys and public opinion surveys intended for developing the Service

Contact details, including name, email address and pseudonymized ID

Data subject's consent to the processing of the data (GDPR Article 6(1)(a))

Sharing the personal data with third parties to be used for promotional purposes, such as sending commercial marketing and sales related communications, notifications and surveys and public opinion surveys.
Transferring the personal data outside of the EU or EEA area.

Social media profile information, including name, photograph, profile specific information

Performance of contract between you and BCaster in order to access certain parts of the Service (GDPR Article 6(1)(b))

Providing for your use those functionalities of the Service requiring integration with a social media profile

Profile specific information, including IP address and unique device identifier

Performance of contract between you and BCaster, providing Service (GDPR Article 6(1)(b))

Identifying the user profile for providing the Service and for stopping third parties from fraudulently accessing the profile

Profile specific information, including IP address and unique device identifier

Legitimate interests of BCaster or its partners (GDPR Article 6(1)(f))

Ensuring that advertising is relevant to you based on for example your age or interests

Accurate location data (as opposed to coarse location data referred to below)

Performance of contract between you and BCaster (GDPR Article 6(1)(b)

Providing services that require accurate location data

Accurate location data (as opposed to coarse location data referred to below)

Legitimate interests of BCaster or its partners (GDPR Article 6(1)(f))

Providing location-based advertisements in order to ensure they are relevant to you

Unique device identifier, device sensor data, accurate location data

Performance of contract between you and BCaster (GDPR Article 6(1)(b))

Assessment of user captured Content for the purposes of determining the value of said content and the distribution of possible royalties between you and BCaster/BCaster's partners


All of the above legitimate interests of BCaster (GDPR Article 6(1)(f)), i.e. ensuring that your use of the Service is not malicious or fraudulent, in order to protect BCaster against claims or lawsuits or to comply with court orders or orders by law issued by a public authority, and in order to fix defects or errors in the Service.

3. Non-personal data in the BCaster Service and websites

In addition to the personal data listed above, BCaster uses data generated through your use of the Service or BCaster websites in ways that are not personally identifying and therefore outside the scope of personal data legislation. In addition to various meta-data concerning your use of the Service, BCaster, in particular, collects and makes use of the following non-personal data in connection with the Service:

Coarse Location Data

BCaster or its partners may make available services based on enabling location tracking or other location data such as movement, acceleration and other types of spatial data. Such services will generally use coarse, network-based location data based for example on proximity of network towers or the location of WiFi networks, which will not personally identify you or general personal data. In the event you choose to use such services that require, e.g., location data for access, then such data will be gathered and processed for the purposes of providing the service.

Coarse Location Data

BCaster collects anonymous, non-personal information about visitors to its services via the use of cookies, web beacons and other technologies in order to further improve its services and online offers. In this way, customer needs can be better met by BCaster by telling it which visitors clicked on which parts of its website, as well as to recognize your browser the next time you visit a BCaster website.

Accordingly, BCaster websites may occasionally send "cookies" to your computer or Device to better serve you with more tailored information when you return to the website. Cookies are small text files that are downloaded and stored on your computer or device when you visit a BCaster website. They can either be just for the period of time, or session when your web browser is open to a BCaster website, or they can be persistent cookies that store your preferences for future visits to the website. By continuing to use the Service or to visit the BCaster website without disabling the use of cookies, you will be deemed to have accepted this use of cookies.

"Web beacons" are an electronic image that can recognize certain types of information, such as website usage. They are often combined with cookies. Web beacons may identify a visit but will not be able to correlate it with any cookies' information.

Some jurisdictions may require your consent before serving cookies and similar tracking devices to your computer or device, such as prior consent, or where consent can be inferred through appropriate browser/application settings or other means.

You may refuse the use of cookies by selecting the appropriate settings on your browser; for example, you can always set your browser to tell you when you are sent a cookie and then refuse to receive it. And you can always delete the cookie at any time that you want. However, please note that if you do this you may possibly not be able to use the full functionality of the BCaster services.

Third parties may also set their own anonymous cookies, for the purposes of tracking the success of their application or customizing the application for you while using Service. We cannot access these cookies, nor can the third parties access the data in our cookies.

For further information about cookies, please visit www.aboutcookies.org.

Google Analytics

Websites of BCaster may make use of different analytics based on non-personal, such as (but not limited to) Google Analytics, which is a web-based analysis service of Google Inc. ("Google"). Google Analytics uses cookies, which are stored on the user's computer or device and which allow an analysis of the use of the BCaster websites by you. The information generated by the cookie about the users' use of the BCaster websites is generally transferred to one of Google's servers in the USA and is stored there. Anonymization of the user's Internet Protocol (IP) has been activated on the Google website, so that – beforehand – the user's IP-address will be shortened by Google in the country of origin. Only in exceptional cases will the full IP-address be transferred to a Google server located in the USA and shortened there.

Google will use this information to evaluate the user's use of the BCaster websites, in order to put together a report about the websites' activities. In no circumstances will Google associate your IP address transmitted by your browser with other data stored by Google. Nevertheless, you can prevent the installation of the Google cookies with the appropriate setting of your browser.
Further information on the terms of use and data protection with regard to Google Analytics is available at: www.google.com/analytics.
If you want to be certain that no targeted advertisements are displayed to you, please do not use or access the services.

Please note that if you "opt-out" it does not mean that you will no longer receive advertising. It simply means that the advertising you will see will not be customized to you.
Advertising/Marketing and Public Opinion Surveys
BCaster or its partners may display to you behaviorally targeted advertising. BCaster may use and disclose the collected, non-personal data (or personal data made non-personal by removing identifiable components) for purposes of advertising, whether by BCaster or BCaster's partners.
Some services may also include the use of brand placement, which will be noted as such within the services.

You may decide to "opt-out" of targeted advertising. In such a case, please visit www.youradchoices.com and/or www.networkadvertising.org. You should note that even if you enter your request to opt-out to the sites mentioned herein, the request may not reach all BCaster's advertising partners and that some of the targeted advertisements may be based on information obtained elsewhere, beyond BCaster's control. Certain targeted advertising may, therefore, be displayed to you despite your request.

4. Disclosure to third parties

BCaster may disclose your Personal Data to its affiliates, strategic partners and service partners who assist BCaster in providing its products and services to you. Also, if BCaster determines the need to sell, buy, merge, or reorganize its business, it may also need to disclose your Personal Data for such business reasons, but will pursue relevant and proper protection of your Personal Data in such an event.

In addition, disclosures may be required for legal reasons. In addition, your Personal Data may be shared with third parties for advertising or marketing purposes. Also, BCaster may sell or lease your Personal Data. Please also note that any Personal Data that you may have already shared with others from any of BCaster's services – or for example in social networks – cannot be kept private or confidential.

You understand and accept that BCaster may, for example in order to secure the proper functioning of its services and to ensure its user may enjoy the desired quality of the services, use and engage contractors or partners outside European Union (EU) or European Economic Area (EEA) (such as the USA) and to disclose Personal Data to such third parties in so far as such parties are subject to an adequacy decision by the European Commission, covered by the privacy shield framework or covered by the required standard contractual clauses, and in any event such parties shall be obliged to comply with the terms of this Privacy Policy

Furthermore, BCaster may disclose any or all of the non-personal data referred to above to third parties for the purposes, e.g., of developing the functionality of its services or for enabling said third parties to provide their own services to you in situations where the BCaster Service is provided to you as part of the offering or application of a third party subject to a separate agreement between you and the said third party.

In all events, when needed, BCaster shall ensure meeting the contractual requirements of the GDPR such as executing data processing agreements and standard contractual clauses.

5. Security

Your Personal Data will be protected by reasonable security safeguards against accidental loss, unauthorized processing, the destruction of, or use or modification of, or unauthorized disclosure of your Personal Data. BCaster employs appropriate technical and organizational security measures in order to protect your Personal Data. The safeguards BCaster employs, such as limiting its personnel's and subcontractors' access to personal data and encryption of data, are proportionate to the likelihood and severity of any potential harms or threats, the sensitivity of the Personal Data, and the context in which it is held as well as the development of security technologies.

6. Retention of Personal Data

BCaster will use Personal Data that you provide (e.g. during registration with BCaster's website, Service or other services, due to your use of BCaster services or for example by calling customer service phone) only as described in section 2 above. Consequently, BCaster will retain your registered Personal Data only for as long as needed to provide you with the requested services, unless a longer retention period is required or permitted by law. In particular, BCaster will retain and use your registered Personal Data as necessary to comply with its legal obligations.

7. Children

BCaster respects the privacy of children and does not knowingly collect, use or disclose Personal Data of minors under 16 years of age without verifiable consent from a parent or guardian.
If BCaster becomes aware that the information submitted to BCaster is Personal Data of a minor without firstly receiving verifiable consent from a parent or guardian, BCaster will take immediate steps to delete such Personal Data.

8. Links to other sites

BCaster does not collect Personal Data from third party sites, with the exception of social networking sites which you have connected your BCaster Service profile to of your own volition. In the event that BCaster should otherwise somehow receive your Personal Data from a third-party site, BCaster will request your permission before collecting, storing and processing it.
Also, please be advised that websites that are linked directly or indirectly from this website (the "Linked Sites") may not be operated or maintained by BCaster. If you have connected with any Linked Sites, BCaster has no control over the collection, storage or processing of your Personal Data that may be transferred to the third party (e.g. the IP address or the URL of the website containing the link), as naturally, BCaster does not have any control over the behavior of such third parties. Accordingly, BCaster disclaims liability for access to, and use of, any Linked Sites, and will not be responsible for the privacy practices of those Linked Sites.

9. Your rights as the data subject

Under the General Data Protection Regulation ("GDPR"), you as a data subject have the following rights with regards to BCaster's Personal Data, as more closely specified in Articles 15-21 of the GDPR:

Right of access: you have the right to request confirmation of whether your personal data is processed by BCaster and access to that personal data.
Right of rectification: you have to the right to request BCaster to rectify any inaccurate or incomplete personal data concerning you held by or processed by BCaster.
Right of erasure: you have the right to request that personal data concerning you is erased where it is no longer necessary for the purpose for which it was collected or processed, where you object to the processing and there are no overriding legitimate grounds for processing, where your personal data is being unlawfully processed, or where personal data must be erased in order to comply with relevant legislation.
Right of restriction: you have the right to request restriction of processing of your personal data where the accuracy of the personal data is contested, where processing is unlawful or where the personal data is no longer needed by the data controller but you legitimately oppose the erasure of the personal data, or where you object to the processing and it has not yet been verified whether legitimate grounds exist for the processing.
Right to object: you have the right to object to the processing of your personal data where the processing is based on the legitimate interests of BCaster or its partners as specified in Section 2.
You always have the right to contact the data protection authority in Finland and file a complaint regarding the processing of your personal data. For further information, please visit www.tietosuoja.fi.

10. Contact information regarding data privacy matters

BCaster is committed to ensuring that the BCaster Personal Data it holds is accurate, complete, and kept up to date to the extent necessary for the relevant purpose. If you wish to rectify inaccuracies or delete Personal Information relating to you, or otherwise wish to exercise your rights as data subject, or if you have any questions, comments or concerns about this Privacy Statement, or if you wish to make a complaint about BCaster's handling of your Personal Information or a possible breach of privacy laws then please contact BCaster at: contact@bcaster.com or BCaster Oy, Karhumäenkuja 2, FI-01530 Vantaa, Finland.

For privacy protection purposes, you may be asked to provide proof of identification and other relevant details.

11. Changes to the Privacy Policy

This Privacy Policy may change from time to time by posting an updated version on BCaster's websites, thereby superseding earlier versions. If there are changes that materially alter its privacy practices, BCaster may also notify you by other means, such as by email, in-app notification, or by posting a notice on BCaster's websites and/or social media pages in a reasonable time prior to the date that the changes take effect. In particular, if BCaster intends to use your Personal Information in a manner different from that stated at the time of collection, BCaster will notify you, and you will be given a choice to permit or disallow such use.