Privacy Policy

I - Introduction to Privacy Practices

This section outlines the privacy practices for the “Time Capsule” podcast, encompassing the websites associated with this podcast, including any of its subdomains and affiliated domains. The ownership and operation of these websites are under the stewardship of DIVERSITY HIRE LTD, Feelings & Co., and CYSA, collectively referred to as "The Producers." This privacy policy (“Privacy Policy”) governs the handling of information provided by you or collected during your interaction with these websites or through the utilization of services offered (“the Services”), in accordance with the terms outlined herein and as detailed in the Terms and Conditions available on the website.

The purpose of this Privacy Policy is to transparently communicate how The Producers manage, use, and protect your information, including the gathering of specific types of information, its intended usage, and the measures in place for its safeguarding. By engaging with any Service or the website of the “Time Capsule” podcast, you acknowledge and consent to the practices described in this Privacy Policy and any other relevant terms. This Privacy Policy is an integral part of the Terms and Conditions of the website, where certain terms used herein are defined.

II - Collection and Use of Personal Information

In the context of the "Time Capsule" podcast, 'Users' encompasses individuals who interact with our Websites and Services. The nature of these platforms is to foster connectivity and engagement among Users, which necessitates the sharing of personally identifiable information. Such information may include, but is not limited to, names, company affiliations, postal addresses, contact numbers, email addresses, and financial details pertinent to transactions, such as billing arrangements.

Registration or purchase of services or products through our Websites obliges Users to furnish personal details, including contact and identification information. Additionally, to facilitate payment processing via third-party vendors, Users are required to supply comprehensive billing information, encompassing credit card details, banking information, and other relevant financial data (“Billing Information”). Our third-party payment processors, subject to their respective privacy policies, are authorized to collect, process, and store this Billing Information. We reserve the right to modify our choice of payment vendors or to engage additional vendors as necessary, with corresponding updates to this Privacy Policy.

As data controllers under EU Data Protection Law, The Producers bear responsibility for the processing of your personal data. We may also process data about our customers’ end-users, collectively termed “Customer Data,” which we treat with utmost confidentiality. Our handling of Customer Data is strictly in line with our customers’ directives and in compliance with our agreements, including the Terms and Conditions and this Privacy Policy.

Subscribing to or accepting a User Account implies consent to receive our email newsletters, where available. You may be prompted to provide additional information either at the point of account creation or subsequently.

III - Email Communications and Newsletter Subscription

Upon establishing or accepting a User Account associated with the "Time Capsule" podcast, you are automatically subscribed to our email newsletters, if they are available. This is part of our effort to keep you informed and engaged with the latest updates and features of our services. You might also be requested to provide further information during or after the account setup process, which helps us tailor our communications to better suit your interests.

IV - User Account Registration and Management

Engaging with the "Time Capsule" podcast's Services necessitates the creation or acceptance of a user account ("User Account"). By establishing a User Account, you agree to adhere to the stipulations of this Privacy Policy and the Terms and Conditions. The process may involve selecting a unique username and password and providing essential personal details such as your full name, company affiliation, contact information, and addresses.

The Website of the "Time Capsule" podcast allows for the continuous updating of your personal information, ensuring your profile remains current and accurate. It is important to note that this Privacy Policy does not extend to personal disclosures made in public forums or similar platforms on our Website. The management of a "Public Profile," should you choose to create one, including its content and privacy settings, rests solely in your hands. The Producers are not responsible for the actions or policies of third parties who might access information you disclose publicly.

Furthermore, you are accountable for maintaining the accuracy and completeness of your User Account information. Opting out of marketing communications can be done through the unsubscribe link in our emails. However, opting out does not exempt you from receiving essential transactional or account-related communications from us.

V - Engagement in Promotions and Content Submission

Participation in various interactive features such as sweepstakes, contests, surveys, or other special promotions ("Special Promotions") offered through the "Time Capsule" podcast's Services, as well as making online purchases or subscriptions, necessitates the provision of certain personal details. This information may include your name, address, email address, phone number, and date of birth. The Producers, or third-party partners involved in these activities, may collect this information for the purpose of facilitating the Special Promotions or processing transactions.

Engaging in these activities means that your identifiable information will be collected and potentially shared with third parties instrumental in providing services like transaction processing, customer service, promotion administration, and prize delivery. Participation in Special Promotions also signifies agreement to their specific rules, which may include consent for the use of your name, voice, or likeness in related advertising or marketing endeavors.

If you engage with a promotion or make a purchase through a third-party platform or by other means, where the "Time Capsule" podcast is a participant, your information will be collected from that third party based on your consent for additional communications or as necessary to fulfill a related function, such as prize delivery.

Additionally, if you choose to submit content like comments, photographs, or other materials for publication by the "Time Capsule" podcast, whether online, in a broadcast, or other formats, you grant permission for the publication of your name or other personal identifiers alongside the content.

VI - Additional Information Collection Methods

Beyond the primary interactions on the "Time Capsule" podcast's website, additional personal information about you may be gathered through alternative means, both directly and indirectly. For instance, if you access any content related to the podcast through your wireless carrier or other third-party platforms, the Producers might collect data directly from you or through these third parties. This also applies if you use our software or provide your information to other companies that share customer data with us. In such instances, the same privacy policy applies to the personally identifiable information collected.

VII - Information About Others

At times, the Services or the Website may request you to provide information about other individuals or their affiliated companies. This could be part of facilitating transactions or interactions among those individuals, the Producers, and third parties. By submitting such information, you acknowledge and consent to its use and sharing as deemed appropriate by the Producers in accordance with their operational requirements and preferences.

VIII - Customer Service Interactions

Certain Services offered by the "Time Capsule" podcast may include support and assistance provided through customer service centers, which can be accessed via telephone, online chat, SMS, or email. When you engage with our customer service, you do so with the understanding that the customer service representative may access and modify the information in your User Account to provide the necessary assistance. This process is integral to ensuring responsive and effective customer service.

IX - Non-Personally Identifiable Information That We Collect

As part of the registration process for some Services, you may be asked to provide information that does not personally identify you, such as personal preferences, purchasing habits, etc. This information is generally optional but may be included in your User Account profile. The Producers request this information to better understand you and to bring to your attention new services, programs, or offers that may interest you.

The Producers may automatically collect certain non-personally identifiable information about your use of the Websites and Services. This may include, among other things, the type of Internet browser or operating system you use, the domain name of your Internet service provider, your "click path" through our sites, and your IP address. This information will be anonymous unless you provide us with personally identifiable information, have provided such information in the past, or have a User Account.

X - Cookies and Related Technology

This Website's pages or email messages may include cookies, web beacons, or similar technologies. Cookies are small data files placed on your computer for extended functionality and varied purposes, such as tracking usage patterns, measuring advertising effectiveness, and facilitating navigation on the Website. The "Time Capsule" podcast uses both session and persistent cookies: session cookies for easier site navigation, expiring when you close your browser, and persistent cookies remaining on your hard drive for an extended period or until deletion. You can manage cookie settings in your web browser, but note that some Website features may not function properly without them.

The Producers' web pages may feature third-party advertisements, which may include cookies or web beacons served by these third parties. The Producers do not control these third-party cookies and advise users to check the privacy policies of these advertisers or ad services. The Producers' Privacy Policy does not cover third-party information practices.

Web beacons are small graphic images used for monitoring and collection of certain information about viewers of web pages or email messages, like browser type and the time of viewing. The Producers may include web beacons in emails to track engagement with the messages.

XI - Not Intended for Persons Under 18

The Producers are committed to protecting children's privacy, complying with relevant laws and regulations, including the Children's Online Privacy Protection Act (COPPA). The "Time Capsule" podcast's site is intended for persons aged 18 and over. If you are under 18, please discontinue the use of the site immediately. The Producers will not knowingly collect or retain personally identifiable information from persons under 18. If a child under 18 has provided personal information, parents or guardians can contact us for its removal.

XII - Use, Disclosure, and Sharing of Information; Control Over Your Information

The Producers may use and share non-personally identifiable User information with third parties to show general demographic and preference information among users. For example, aggregate trend reports based on user information may be produced and shared.

The Producers collect website usage information automatically when you visit the Website. This includes non-personally identifying data like the frequency of visits, browser type, and IP address. IP addresses may be used for various purposes, including system administration and reporting aggregate information to business partners.

The Producers use your information to deliver requested services, inform you of changes, and suggest other services or offers you might find interesting. If you provide personally identifiable information, appropriate steps are taken to protect it from unauthorized disclosure.

When you create a User Account, you opt into receiving emails from the Producers, but you can opt out of future marketing messages. The Producers reserve the right to contact you regarding your account and use of the Website and Services.

The Producers may disclose your information to third parties, such as payment processors or customer service providers, in connection with the Services. These third parties are prohibited from using your information for marketing or sharing it without your consent. If you do not want your information used for marketing by a third party in a Service on our sites, do not opt in for such use.

XIII - Our Commitment to Data Security

While the Producers take reasonable precautions to protect your personally identifiable information from unauthorized disclosure and potential security breaches, no website or Internet transmission can be completely secure. Using the "Time Capsule" podcast's Websites and Services is at your own risk. We encourage you to take steps to protect your information, such as memorizing passwords or keeping them in a secure location, logging out of your account, and closing your browser after use.

Sensitive information, like credit card numbers for purchases, is protected during transmission with commercially reasonable steps, such as secure-socket-layer ("SSL") technology. Unless specified, credit card information is used only for payment processing and not retained for marketing purposes.

XIV - Hyperlinks To and From Other Sites

The "Time Capsule" podcast's sites may contain links to or advertisements about non-affiliated websites. Other sites may also reference or link to our sites. We do not endorse, sponsor, or bear responsibility for the privacy practices or content of these external sites. Your interaction with such sites is governed by their policies and practices.

XV - Consent to Processing in the United States; EU Processing

By providing personally identifiable information to the Producers, all users, including those in the EU, consent to the collection, storage, and processing of such information in the United States. Regarding EU data processing, personal data may be necessary for contract performance, compliance with legal obligations, or for legitimate interests, such as responding to requests and providing the Services. We may process personal data based on consent, which can be withdrawn at any time, affecting our ability to provide certain Services.

XVI - Contact Us Regarding Privacy

The Producers are committed to protecting your personally identifiable information and welcome comments and questions on this Privacy Policy. Contact us at [insert relevant email address] for any privacy-related queries. Please note that submissions to certain email addresses or forms might not receive a response and will not be used for marketing purposes unrelated to your request.

XVII - Notification of Changes

The Producers reserve the right to modify this Privacy Policy and the Terms and Conditions at any time. In case of significant changes, the "Privacy Policy" link on our homepage will be replaced with "Updated Privacy Policy" for at least 30 days after the changes. Continued use of our Website or Services after posting of changes constitutes acceptance of and agreement to the updated policies.

XVIII - Your California Privacy Rights

California residents have specific rights regarding the disclosure of personal information by businesses. The Producers do not share information with third parties for their direct marketing purposes unless you expressly opt-in. To prevent disclosure for direct marketing by a third party, do not opt in when providing personal information. California customers may request further information about our compliance with this law by emailing [insert relevant California privacy email address].

DATA PROCESSING ADDENDUM

This section provides detailed terms regarding data processing, including responsibilities and liabilities, in compliance with data protection laws. It covers aspects such as subprocessor agreements, transfer of personal data, data security, and rights of data subjects. In the event of a conflict between this addendum and other parts of the Terms and Conditions, this addendum prevails.

1. Background

1.1  As a user of the "Time Capsule" podcast's Website, you are referred to as the "Customer" in this Data Processing Addendum (the "DPA"), forming part of the Terms and Conditions.

1.2  Should the Producers process any Customer Personal Data related to individuals in the EEA or the Customer is established in the EEA, this DPA will apply to such processing.

1.3  In case of any conflict between this DPA and the main Terms and Conditions, including the Privacy Policy, the provisions of this DPA will take precedence.

1.4  Both the Customer and the Producers are committed to complying with all applicable requirements of the Data Protection Laws. This DPA supplements, but does not relieve, remove, or replace, either party's obligations under these laws.

1.5  The Customer and Producers acknowledge that for Data Protection Laws purposes, the Customer is the Controller and the Producers are the Processor.

2. Definitions

2.1  Terms used in this DPA shall have the meanings given in the Terms and Conditions, with the following specific definitions:

   (a) "Customer Personal Data" means personal data processed by the Producers on behalf of the Customer in connection with the Services or Website.

   (b) "Data Protection Laws" refers to the GDPR and all applicable legislation protecting privacy rights and data.

   (c) "EEA" encompasses EU Member States, Iceland, Norway, and Liechtenstein.

   (d) "Subprocessor" means any third party engaged by the Producers to process Customer Personal Data.

3. Data Processing

3.1  The Producers will process Customer Personal Data based on the Customer's instructions as outlined in the Terms (including this DPA) and as necessary to provide the Services, unless required otherwise by EU or Member State law.

3.2  Processing beyond the scope of these Terms will require a prior written agreement between the Customer and the Producers on additional instructions for processing.

3.3  The Customer is responsible for ensuring necessary consents for lawful processing of Customer Personal Data by the Producers.

3.4  The Customer guarantees that all notices to data subjects are in place for lawful processing of their personal data by the Producers.

4. Transfer of Personal Data

4.1  The Producers may engage third parties to process Customer Personal Data. The Customer consents to the use of Subprocessors as necessary for the Producers to provide the Services.

4.2  The Producers will notify the Customer of any new Subprocessors, allowing the Customer to object or request that Customer Personal Data be processed by a different Subprocessor.

4.3  The Producers will remain liable for any processing performed by approved Subprocessors.

4.4  International transfers of personal data outside the EEA will be governed by Standard Contractual Clauses, ensuring an adequate level of protection.

5. Data Security, Audits, and Security Notifications

5.1  The Producers will implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk of data processing activities.

5.2  The Producers will assist the Customer in demonstrating compliance with this DPA, including providing necessary information and assistance.

5.3  The Producers will notify the Customer without undue delay upon becoming aware of any Security Incident.

5.4  The Producers will ensure that their employees and personnel are committed to confidentiality regarding Customer Personal Data.

6. Access Requests and Data Subject Rights

6.1  The Producers will inform the Customer of requests from data subjects regarding their personal data and will assist in fulfilling these requests as per the Service's functionality.

7. Assistance

7.1  The Producers will assist the Customer in complying with obligations under Data Protection Laws, including responding to Data Subject rights requests and data protection impact assessments.

8. Duration and Termination

8.1  Upon termination of the Terms, the Producers will, at the Customer's choice, delete or return all Customer Personal Data, unless required to retain it by law.

ANNEX 1

Standard Contractual Clauses (processors)

For the "Time Capsule" podcast, references to the “data exporter” and “data importer” in this ANNEX 1 shall be to you, the Customer, and the Producers, respectively (each a “party”; together “the parties”).

Clause 1

Definitions

For the purposes of these Clauses:

(a) ‘personal data’, ‘special categories of data’, ‘process/processing’, ‘controller’, ‘processor’, ‘data subject’ and ‘supervisory authority’ shall have the same meaning as in the General Data Protection Regulation 2016/679 of the European Parliament and of the Council;

(b) ‘the data exporter’ means the controller who transfers the personal data, which in this case is you, the Customer;

(c) ‘the data importer’ means the processor who agrees to receive from the data exporter personal data for processing on their behalf after the transfer, under the terms of these Clauses, and is not subject to a third country’s system ensuring adequate protection within the meaning of Article 25(1) of the General Data Protection Regulation 2016/679;

(d) ‘the subprocessor’ means any processor engaged by the data importer or by any other subprocessor of the data importer who agrees to process personal data exclusively for the data exporter after the transfer, in accordance with the data exporter’s instructions, the terms of these Clauses, and the terms of the written subcontract;

(e) ‘the applicable data protection law’ means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established;

(f) ‘technical and organizational security measures’ means measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, particularly where processing involves transmission over a network, and against all other unlawful forms of processing.

Clause 2

Details of the Transfer

The details of the transfer, particularly the special categories of personal data where applicable, are specified in Annex 2, which forms an integral part of these Clauses.

Clause 3

Third-party Beneficiary Clause

Data subjects can enforce against the data exporter (the Customer) Clauses 4(b) to (i), 5(a) to (e), and (g) to (j), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third-party beneficiaries.

Data subjects can enforce against the data importer (the Producers) Clauses 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, where the data exporter has disappeared or ceased to exist in law, provided any successor entity has assumed the legal obligations of the data exporter.

Data subjects can enforce against the subprocessor Clauses 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12 in cases where both the data exporter and data importer have disappeared or ceased to exist in law or have become insolvent, unless a successor entity has assumed the legal obligations of the data exporter or data importer.

The parties agree that data subjects can be represented by an association or other body if the data subject expressly wishes and is permitted by national law.

Clause 4

Obligations of the Data Exporter

The data exporter agrees and warrants:

(a) The processing, including the transfer itself, of the personal data is and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law and does not violate relevant provisions of the state where the data exporter is established;

(b) It has instructed and will instruct the data importer to process the personal data transferred only on the data exporter’s behalf and in accordance with the applicable data protection law and these Clauses;

(c) The data importer provides sufficient guarantees in respect of the technical and organizational security measures specified in Annex 3;

(d) After assessing the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, especially where the processing involves transmission over a network, and against all other unlawful forms of processing.

Clause 5

Obligations of the Data Importer

The data importer agrees and warrants:

(a) To process personal data only on behalf of the data exporter and in compliance with its instructions and these Clauses. If it cannot provide such compliance, it will inform the data exporter promptly, enabling the data exporter to suspend data transfer or terminate the contract.

(b) It has no reason to believe that applicable legislation prevents it from fulfilling the data exporter's instructions and obligations under the contract and these Clauses. Should legislation changes affect the warranties and obligations, the data importer will notify the data exporter promptly.

(c) It has implemented the technical and organizational security measures outlined in Annex 3 before processing the personal data transferred.

(d) It will promptly notify the data exporter about any legally binding requests for disclosure of personal data by law enforcement authorities, unless prohibited, such as to preserve the confidentiality of a law enforcement investigation.

(e) To deal promptly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the data transferred.

(f) At the request of the data exporter, to submit its data processing facilities for an audit of the processing activities covered by these Clauses, carried out by the data exporter or an inspection body agreed upon by the data exporter.

(g) To make available to data subjects upon request a copy of these Clauses with a summary of the security measures as well as a copy of any contract for sub processing services.

(h) In the event of subprocessing, it has previously informed the data exporter and obtained its prior written consent.

(i) The processing services by the subprocessor will comply with Clause 11.

(j) To send promptly a copy of any subprocessor agreement it concludes under these Clauses to the data exporter.

Clause 6

Liability

The parties agree that a data subject who has suffered damage due to a breach of the obligations referred to in Clause 3 or in Clause 11 by any party or subprocessor is entitled to receive compensation from the data exporter for the damage suffered.

If a data subject cannot bring a claim for compensation against the data exporter, arising out of a breach by the data importer or its subprocessor, because the data exporter has disappeared, ceased to exist in law, or become insolvent, the data importer agrees to assume the data exporter's legal obligations, unless a successor entity has assumed these obligations.

The data importer may not rely on a breach by a subprocessor to avoid its liabilities.

If a data subject cannot bring a claim against the data exporter or importer due to their disappearance, insolvency, or cessation in law, and there's no successor entity, the subprocessor agrees to accept liability for its processing operations under these Clauses as if it were the data exporter or importer.

Clause 7

Mediation and Jurisdiction

The data importer agrees that if the data subject invokes third-party beneficiary rights and/or claims compensation for damages under these Clauses, it will accept the decision of the data subject:

(a) To refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority.

(b) To refer the dispute to the courts in the Member State where the data exporter is established.

The parties agree that the data subject's choice will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law.

Clause 8

Cooperation with Supervisory Authorities

The data exporter agrees to deposit a copy of this contract with the supervisory authority if requested or required under the applicable data protection law.

The parties agree that the supervisory authority has the right to conduct an audit of the data importer, and any subprocessor, with the same conditions that would apply to an audit of the data exporter under the applicable data protection law.

The data importer shall promptly inform the data exporter about the existence of legislation preventing the conduct of an audit pursuant to paragraph 2. In such a case, the data exporter shall be entitled to take measures foreseen in Clause 5(b).

Clause 9

Governing Law

The Clauses shall be governed by the law of the Member State where the data exporter is established.

Clause 10

Variation of the Contract

The parties undertake not to vary or modify the Clauses. This does not preclude adding clauses on business-related issues as long as they do not contradict the Clause.

Clause 11

Subprocessing

The data importer shall not subcontract any processing operations performed on behalf of the data exporter under these Clauses without the data exporter's prior written consent. Where the data importer subcontracts with the data exporter's consent, it shall do so only by way of a written agreement with the subprocessor, imposing the same obligations as under these Clauses. If the subprocessor fails to fulfill its data protection obligations, the data importer remains fully liable to the data exporter for the performance of the subprocessor’s obligations.

The contract between the data importer and subprocessor shall also include a third-party beneficiary clause as laid down in Clause 3 for cases where the data subject cannot bring a claim against the data exporter or data importer because they have disappeared, ceased to exist in law, or become insolvent, and no successor entity has assumed their legal obligations.

ANNEX 2

Details of the Processing of Customer Personal Data

This ANNEX 2 includes specific details of the processing of Customer Personal Data as required by Article 28(3) of the GDPR.

1. Subject matter and duration of the Processing of Customer Personal Data:

   - The subject matter involves the use of and access to the Services and/or Website by the Customer, in line with the Terms.

   - The duration of processing aligns with the term of the Terms, subject to Section 8.2 of the DPA.

2. The nature and purpose of the Processing of Customer Personal Data:

   - The nature of the processing includes handling Customer Personal Data provided by the Customer or collected by the Producers on behalf of the Customer.

   - The purpose is to facilitate the provision of Services and/or Website access to the Customer.

3. The types of Customer Personal Data to be processed:

   - Information relating to employees or other personnel of the Customer authorized to use the Services and/or Website, including names, contact details (email addresses), usage information, and other relevant personal data submitted by the Customer or its users during the use of the Services and/or Website.

4. The categories of Data Subject to whom the Customer Personal Data relates:

   - Employees and other personnel of the Customer authorized to use the Services on behalf of the Customer, and those of the Customers’ clients.

5. The obligations and rights of the Customer:

   - These are outlined in the Terms (including the DPA).

ANNEX 3

Technical and Organizational Security Measures

1. Security Policies:

   - The Producers have implemented policies and procedures to secure Customer Personal Data against accidental or unlawful loss, access, or disclosure.

   - Risks are identified and managed through regular assessments and testing against industry security standards.

2. Regular Review and Evaluation:

   - The Producers, and their Subprocessors, regularly review the security of their network and services to adapt to new security risks and findings.

3. Response to Security Incidents:

   - In case of any security incidents, the Producers will promptly investigate and take necessary corrective actions.