PRIVACY NOTICE

Last updated: 20 April 2021

BCaster Oy (“BCaster”) provides private persons (“User(s)”) the use of a technology platform (“Service”) for capturing, recording, and publishing audio-visual content (“Content”). The Service is used by the User subject to a separate agreement with a thirdparty such as a media company (“Content Licensee”) that wishes to secure rights in the Content from Users. Personnel of the Content Licensee also use the Service subject to a separate agreement with BCaster in order to access Content created by Users. The purpose of this privacy notice (“Privacy Notice”) is to document how personal data is processed and collected in connection with the Service.

For the contact details of the User and Content Licensee, please contact the User or Content Licensee in question. The contact details of BCaster are the following:

BCaster Oy (business ID 2798841-8)
Eerikinkatu 28, 00180 Helsinki, Finland
contact@bcaster.com

1. Personal Data in the Service

Personal Data is collected and processed in connection with the Service in three different ways:

  1. The User’s name and contact information are collected and processed by BCaster on behalf of the Content Licensee in order to identify which Users have created which Content, and to enable the Content Licensee to access and publish the Content (“ Content Licensee’s Personal Data ”). For this personal data, the Content Licensee is the data controller and BCaster is the data processor.
  2. The name and contact information of the representatives of the Content Licensee are collected and processed by BCaster for the purposes of using the Service and providing commercial services to the Content Licensee (“ BCaster’s Personal Data ”). For this personal data, BCaster is the data controller.
  3. Finally, limited Personal Data may be collected by the User by, e.g., using the Service to film a video or take a picture that includes her or his own or a third party’s personally identifying information, such as a name or distinctive image of an individual’s face (” User’s Personal Data ”). This category also includes the useof the User’s name or other personal identifiers for the purposes of copyright attribution. For User’s Personal Data, the User is the data controller and BCaster is the data processor.

For the avoidance of doubt, the Content Licensee may publish its own, more specific privacy notices with respect to the data referred to in point 1. above, in which event sucha specific privacy notice will be applied rather than this Privacy Notice.

2. Personal Data and legal basis for collecting and processing

In general, the Service collects only Personal Data that is voluntarily provided, for example when signing up for the Service, uploading content, providing a comment, or sending feedback. However, certain functionalities of services or websites operated by BCaster, including use of the Service, are or may be limited to be available only for users who provide Personal Data such as their name and/or contact information.

Content Licensee’s Personal Data

Category of personal data Legal basis Purpose of processing Duration of processing Third party recipients
User’s name/other personal identifiers, contact information, location of User Performance of contract between User and Content Licensee, (GDPR Article 6(1)(b)) Identifying the user profile to keep track of which User has created which individual Content 1 month after the ending of the agreement between the Content Licensee and BCaster None
User’s name/other personal identifiers, contact information, location of User Performance of contract between User and Content Licensee, (GDPR Article 6(1)(b)) Identifying the user profile for providing the Service and for stopping third parties from fraudulently accessing the profile. 1 month after the ending of the agreement between the Content Licensee and BCaster None
User’s contact information, including name, email address and/or pseudonymized ID Performance of contract between User and Content Licensee, (GDPR Article 6(1)(b)) Providing a communication channel between User and Content Licensee relating to the Service and use of the Content 1 month after the ending of the agreement between the Content Licensee and BCaster None

BCaster’s Personal Data

Category of personal data Legal basis Purpose of processing Duration of processing Third party recipients
Name, profile specific information of representatives of Content Licensee Performance of contract between Content Licensee 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. 1 year after the ending of the agreement between the Content Licensee and BCaster None
Contact details, including email address of representatives of Content Licensee Performance of contract between Content Licensee 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 concerning current and upcoming features of the BCaster Service and other BCaster services. 1 year after the ending of the agreement between the Content Licensee and BCaster None
Contact details, including name and email addressof representativesof Content Licensee Legitimate interests of BCaster (GDPR Article 6(1)(f)) Sending commercial marketing and sales-related communications,notifications and surveysand public opinion surveys intended for developing the Service 1 year after the ending of the agreement between the Content Licensee and BCaster None

User’s Personal Data

Category of personal data Legal basis Purpose of processing Duration of processing Third party recipients
Various Personal Dataincluded in Content (e.g., identifiable pictures of individual human beings, names) Legitimate interests of User and/or Content Licensee (GDPR Article 6(1)(f)) Creating Content with value for the User and/or Content Licensee The lifecycle of the Content Parties to whom Content is offered or who view published Content
User’s name/other personal identifiers, contact information, location of User Legitimate interests of User (GDPR Article 6(1)(f)) Proof that User created the Content in question, copyright attribution of workscreated by User Until copyright expires Parties to whom Content is offered or who view published Content

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

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

Coarse Location Data

BCaster may in providing the Service use coarse, network-based location data based for example on proximity of network towers or the location of wireless networks, which will not personally identify a user or generate personal data concerning her or him. In the event a user chooses to use such services which require, e.g., location data for access, then such data will be gathered and processed for the purposes of providing the service.

Cookies, Web beacons and other similar technologies

BCaster does not use cookies, web beacons or similar technologies that track the user’s device or browser by means of code injected onto the user’s device. For information concerning how a Content Licensee may use cookies, please inquire with the Content Licensee about its cookie policy.

Google Analytics/Analytics data

Many websites and tools use Google Analytics or other analytics services in order to collect and process data about users. BCaster does not currently use Google Analytics or any other tool to process or analyze user data. Instead, the data we collect is collected directly from Users and Content Licensee representatives without the use of any third party tools or databases.

Advertising/Marketing

No advertising, whether targeted or otherwise, is presently supported or provided using the Service, and the data processed in the context of the Service is not provided to any third party for advertising purposes.

4. Use of sub-processors, transfers outside the EU

BCaster acts as processor for Content Licensee’s and User’s Personal Data subject to a data processing agreement with the Content Licensee/User.
BCaster uses the following processors/sub-processors for processing Personal Data referred to in this Privacy Notice, subject to a separate data processing agreement:

  • Amazon Web Services, storage, and processing of data
  • Digital Ocean, processing of data
  • Gmail/Google, user support and internal communications

Personal Data relating to the Service is not transferred outside the EU/EEC, and such Personal Data shall not be processed outside the EU/EEC.

5. Security

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 the Personal Data. BCaster employs appropriate technical and organizational security measures in order to protect the 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 development of security technologies.

6. 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 orguardian. BCaster does not in any way commercially use the Personal Data of persons under 16 years of age, including selling, renting, or using for marketing or advertising said Personal Data. Furthermore, in the event said Personal Data is used in connection with the duties of a public authority or official, no rights to the Personal Data shall be assigned to such public authority or official, and furthermore BCaster will immediately erase such Personal Data after use of the Service has ceased.

If BCaster becomes aware that the information submitted to BCaster is Personal Data of aminor without firstly receiving verifiable consent from a parent or guardian, BCaster will take immediate steps to delete such Personal Data.

7. Rights of data subjects

Under the General Data Protection Regulation (”GDPR”), the data subject has the following rights with regards to Personal Data, as more closely specified in Articles 15-21 of the GDPR:

Right of access: the data subject has the right to request confirmation of whether his or her personal data is processed in connection with the Service, and access to that personal data.

Right of rectification: the data subject has the right to the right to request the data controller to rectify any inaccurate or incomplete personal data concerning her or him held by or processed in connection with the Service.

Right of erasure: the data subject has the right to request that personal data concerning her or him is erased where it is no longer necessary for the purpose for which it was collected or processed, where she or he objects to the processing and there are no overriding legitimate grounds for processing, where her or his personal data is being unlawfully processed, or where personal data must be erased in order to comply with relevant legislation.

Right of restriction: the data subject has the right to request restriction of processing of her or his 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 she or he legitimately opposes the erasure of the personal data, or where she or he objects to the processing and it has not yet been verified whether legitimate grounds exist for the processing.

Right to object: the data subject has the right to object to the processing of her or his personal data where the processing is based on the legitimate interests of the data controller or third parties as specified in Section 2.

The data subject has the right the right to contact the competent data protection authority and file a complaint regarding the processing of her or his personal data. With regards to Finland, the competent data protection authority is the Data Protection Ombudsman ( www.tietosuoja.fi ).

8. Contact information regarding data privacy matters

Questions regarding this Privacy Notice or Personal Data related practices relating to the Service should be addressed to the data controller as specified in Section 2. With regards to BCaster’s Personal Data, please address queries to the following address:
contact@bcaster.com

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

9. Changes to the Privacy Notice

This Privacy Notice 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 privacy practices relating to the Service, you may also be notified 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 reasonable time prior to the date that the changes take effect.