Privacy Policy

Privacy Policy

[Last Updated: July 2024]

Welcome to Powerbeans' Privacy Policy (the "Privacy Policy").  In this Policy, the use of the terms "Powerbeans", "our", "us" and "we" refers to Powerbeans Ltd. When we process your personal information in the context of managing our customer relationship with you, operating our Website, and performing our marketing activities, the controller of your personal information is Powerbeans. If you are an employee, contractor, or job applicant, your personal information collected in those contexts will be subject to a separate privacy notice that we provide to you where and when appropriate.

We take data protection and privacy responsibilities very seriously. As such, we are committed to protecting the privacy of individuals ("you", “user” or "your"), when you subscribe to our Software-as-a-Service based on the Technology (as defined below), Marketing Consultancy Services, Content Creation Consutlancy Services, Monetization Services and Reselling Inventory Services (collectively, the "Services") and visit our website at www.powerbeans.ai (the "Website") or otherwise engage with us. As such, when you use our Services, visit our Website, or otherwise engage with us, you do so with the knowledge that your data will be collected and processed in accordance with the terms set out in this Policy. If you do not agree with our policies and practices as to how your data will be collected and processed, please do not use our Services, visit our Website, or listen to the audio content of our clients. 

This Privacy Policy will explain what information we may collect from users, how such information may be used or shared with others, how we safeguard it and how users may exercise their rights related to their Personal Data (as such term is defined below) in accordance with applicable data protection laws including, but not limited to, the EU General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act (“CCPA”). We highly encourage you to read the Privacy Policy carefully and use it to make informed decisions before you access use our Services.

This Privacy Policy will include, but is not limited to, the following information: 

  1. Important Information

  2. How do we collect your information?

  3. What types of information we collect?

  4. How and why do we use your information?

  5. Sharing your personal information

  6. Data Security

  7. Data Storage and Retention

  8. Cookies

  9. Jurisdiction-Specific Privacy Rights

1. IMPORTANT INFORMATION

About Us

Powerbeans is the owner and developer of a proprietary web interface that provides technology intended to convert articles and similar content to audio, creating the possibility of audio advertisements that enables broadcasters to build their audience and maximize their revenue (the “Technology”).

We typically do not directly interact with the individual owners of information, unless the owner of the information is our client (i.e. the publisher).  Rather, we typically process information (including personal information, if any) on behalf of our clients when they are using our Services.  

When we process personal information in the context of managing our customer relationship with you, operating our Website, performing our marketing activities, and combatting fraudulent and criminal activity in connection with the Services, the controller of your personal information is Powerbeans Ltd. When we process your personal information on behalf of our clients (i.e. the publisher) as part of the Services we perform on their behalf, the controller of your personal information is our client, not us.  This Policy is not intended to describe the privacy practices of our clients. To learn about their privacy practices, please refer to the privacy policy of the website or app where you accessed the audio content.

How to contact us

If you have any questions about this Policy, including any request to exercise your legal rights, please contact us as follows:

  • By email to privacy@powerbeans.ai

  • By post to 5 Brayford Square, London E1 0SG

You have the right to lodge any complaints you have regarding our processing of your personal information with the relevant regulatory authority.  We care about your privacy, and we appreciate the chance to address your concern before you do so.

This Policy

This Policy sets out how Powerbeans collects, uses, and shares the information, including personal information or the equivalent terminology in your jurisdiction, that we may obtain from (i) our clients using our Services and (ii) individuals who interact with us, such as visitors to our Website.

You should read this Policy carefully so that you are fully aware of how and why we are using your information.

Links, other websites and other third parties

Our clients may use and operate the Services using their tags, pixels, cookies or other similar technologies for their business activities.  We are not responsible for our clients' and/or our clients' contractors' use of your personal information or any sort of tracking technologies, and this Policy is not intended to describe the privacy practices of our clients or our clients' contractors. To learn about their privacy practices, please refer to the privacy policy of the website or app where you accessed the audio content. Furthermore, our Website may contain links to other websites or online services that are operated and maintained by third parties and that are not under the control of or maintained by Powerbeans. This Policy does not apply to such third-party content. We encourage you to review the privacy policies of these third-party websites or services.

Changes to this Policy

We may update this Policy from time to time to keep it up to date with legal requirements and the way we operate our business. Please make sure to regularly check our Privacy Policy page to ensure that you understand any applicable changes.

Children

The Website and the Services are not directed to children (“child” shall have the meaning assigned to such term under applicable law in each jurisdiction or an individual that is less than 16 years old). If you become aware that your child has provided us with personal information without your consent, please contact us at privacy@powerbeans.ai. We do not knowingly collect personal information from children. If we become aware that a child under 16 has provided us with personal information, we take steps to remove such information and terminate the child's account.

2. HOW DO WE COLLECT YOUR INFORMATION?

From the first moment you interact with Powerbeans, we and our vendors are collecting information. Sometimes you provide us with information, and sometimes information about you is collected automatically through cookies, pixels, and other tracking tools (see Section 6 below for more information about these tools).

We collect information directly from you and your devices when:

  • You use our Services:

  • You chat with us for customer support;

  • You communicate with us by telephone, email, or social media;

  • You sign up for newsletters, research, insights, webinars, or other information that we disseminate;

  • You fill out forms within our Website;

  • You browse any page of our Website;

  • You listen to our clients’ audio content, including digital radio stations, podcasts and mobile applications;

  • If you are a business contact, we also collect personal information directly from you when we communicate with you, onboard you, or provide/receive products or services to/from you.

We also receive personal information from vendors we hire to work on our behalf. For example, vendors that host or maintain our websites and apps for us may give us personal information. Our marketing agencies, advertising technology vendors, and analytics providers may also provide us with information about you.

We may receive information about you from other third parties who we have business relationships with. These third parties might include our clients, marketing partners, and social media platforms that give us information they have collected either directly or indirectly from you. If you are a business contact, we also collect information from other individuals within your organization or from referring parties at different organizations.

We may combine information that we have collected offline with information we collect online. Or we may combine information we get from another party with information we already have. We may also aggregate your information with other consumers’ information to understand preferences and trends over time.

3. WHAT TYPES OF INFORMATION WE COLLECT?

The information we collect and process about you varies depending on how you interact with Powerbeans (i.e., whether you are a content owner, a visitor of our Website or a listener of the audio content of one of our clients).

From users of our Services:

  • Identifiers: Name, e-mail address, postal address, telephone number, and IP address.

  • Customer record information: Any correspondence or information that you send us, and records of products or services purchased, obtained or considered.

  • Purchase and Preference Information: Information about the products and content you browse or purchase, and records of your transactions and subscription purchases.

  • Geolocation data: General location derived from an IP address (but not your precise geolocation within the ranges defined by applicable laws unless we obtain a separate consent from you).

  • Device, Internet, or other electronic network activity information: Internet Service Provider, operating system, internet browser type, device type, settings, language, browsing activity (such as URLs, titles and content of the web pages and other information you search for or access through the Services), which ads and digital content you click on or engage with, whether you open and click through our emails, and information related to the manner in which you access the Services.

  • Professional Information: If you interact with us on behalf of business customers, vendors, or other companies, in addition to other information described in this notice, we may also collect information like your job title, office location, compensation or payments, and engagement history with us. Please note that certain business contact information may be considered non-personal or subject to exceptions in some jurisdictions.

  • Inferences: We may analyze the information that we collect in order to draw inferences about you, reflecting what we believe to be your preferences, characteristics, predispositions, and attitudes.

  • Sensitive personal information: We will collect your payment information (such as bank information, payment card number, and expiration date), and account username and password for your Powerbeans account. In addition to the above, if you interact with us on behalf of business customers, vendors, or other companies, we may also collect your driver’s license number, background check information, and social security number if relevant to our relationship with you.

From visitors of our Website:

  • Identifiers: IP address, unique identifiers, including mobile device identification

  • Customer record information: any information you provide by submitting a form (such as name, e-mail address, postal address, telephone number, and any comments or questions you submit).

  • Geolocation data: general location derived from an IP address (but not your precise geolocation within the ranges defined by applicable laws unless we obtain a separate consent from you).

  • Device, Internet, or other electronic network activity information: Internet Service Provider, operating system, internet browser type, device type, settings, language, and browsing activity (such as URLs, titles and content of the web pages and other information you search for or access through the Services), which ads and digital content you click on or engage with, whether you open and click through our emails, and information related to the manner in which you access the Services.

  • Inferences: we may analyze the information that we collect in order to draw inferences about you, reflecting what we believe to be your preferences, characteristics, predispositions, and attitudes.

Personal information, once "anonymized" so that it cannot be linked back to you, is not subject to this Policy, and we may treat such information as non-personal information and use it without obligation to you, except where prohibited by applicable law.  We may also combine personal information with information that does not directly identify you; if we do so, we will consider the combined information to be personal information.

4. HOW AND WHY DO WE USE YOUR INFORMATION?

Operating in accordance with data protection law means that we can only use your information for certain reasons and where we have a legal basis to do so.

Purposes of Processing

We process personal information (including sensitive personal information) to (i) provide our Services in accordance with the agreement with you; (ii) for our legitimate business interests such as operating, providing, maintaining, managing, customizing and improving the Technology and the Services, enhancing your experience, and securing and protecting the integrity of our Website; (iii) for auditing and tracking usage statistics and traffic flow; (iv) to conduct business prospect and marketing activities, (v) to provide you market data (e.g., rankers, reports, research, and other insights), if you have requested such data, and (vi) as permitted to meet applicable legal requirements.

Use of Information

We use the personal information we collect about you (including sensitive personal information to the extent applicable) to:

  • Provide, operate, maintain, improve, and promote the Technology and the Services;

  • Enable you to access and use the Technology and the Services, including to view, stream, download, upload, collaborate on, and share content;

  • Process and complete transactions, and send you related information, including invoices;

  • Communicate with you, including to respond to your comments, questions, and requests, and to provide customer service and support;

  • Provide you with information about services, features, surveys, newsletters, offers, promotions, contests, and events; 

  • Provide you with news or information about us and our selected partners;

  • Send you technical notices, updates, security alerts, and support and administrative messages;

  • Verify your identity;

  • Deliver and measure advertising on behalf of our clients and advertisers;

  • Monitor and analyze trends, usage, and activities in connection with the Services and for marketing or advertising purpose;

  • Monitor and analyze trends, usage, and activities in connections with accessing audio content for reporting and analytics purposes for our clients;

  • Investigate and prevent fraudulent transactions, unauthorized access to the Services, and other illegal activities;

  • Personalize the Services, including by providing content, features, or advertisements that match your interests and preferences;

  • Enable you to communicate, collaborate, and share content with users you designate; 

  • Conduct business prospect activities, when you have opted-in to such activities;

  • Provide you market data (e.g., rankers, reports, research, and other insights), if you have requested such data;

  • Provide you a demonstration of our Services; 

  • In the case of business contacts, to administer and manage our relationship with you and your employer (such as record-keeping, payments, communicating with you, tracking outcomes, and verifying your eligibility and suitability); and 

  • For other purposes about which we may notify you from time to time.

We also may use the information we collect about you in an aggregate form to conduct analysis or research, such as research about customer demographics, internet use, and interests and behaviour. Aggregate data is not personal information.  Aggregate data may also be used for website administration, advertising, and promotional purposes.

5. SHARING YOUR PERSONAL INFORMATION 

We may share your personal information (including, in some cases, sensitive personal information) with third parties as described below:

  • Corporate Parents, Affiliates and Subsidiaries: We may share the information we collect about you with our corporate parents, affiliates and subsidiaries for a variety of purposes, including business, operational and marketing purposes.

  • Service Providers: We may share the information we collect about you with service providers (including vendors and technology partners) that perform certain functions or services to help us run our business, such as installation, maintenance and repair services, operations, billing and debt-recovery services, information technology, network services, market research, and marketing services.  We use the following categories of service providers:

  1. Billing and collection providers, such as payment processors and organizations that assist us in assessing your credit and payment status;

  2. Professional services consultants, such as auditing and accounting firms, law firms or other firms providing project-based resources and assistance;

  3. Advertising and marketing services; 

  4. IT vendors, such as entities that assist with website design, hosting and maintenance, data and software storage, and network operations; and

  5. Vendors whose components or technologies are integrated into the Powerbeans products, services, and/or platforms.

  • Clients: We may share your information with our clients, if we have collected the information on a client’s behalf.

  • Advertisers and marketing companies:  We may share your information with select advertising, marketing and analytics partners so that they can personalize the advertisements inserted into our clients’ audio content on behalf of our clients.

  • Other third parties when required by law or in order to protect the safety of our Website and/or the Services: We may share your information with regulators, law enforcement, judicial bodies, or other third parties as necessary to comply with applicable laws or to protect the security of Powerbeans, its corporate parents, affiliates and subsidiaries, our users and customer, our Website, and/or the Services.

  • In connection with a transfer of assets: If we sell all or part of our business, or make a sale or transfer of assets, or are otherwise involved in a merger or business transfer, or in the event of a bankruptcy, we may transfer your information to a third party as a result of, or in connection with, that transaction.

  • Other third parties with your consent: We may share your information with other third parties if you consent to such sharing.

  • International Transfer: We operate globally and therefore, it may be necessary for us to transfer data, including Personal Data, to countries outside of your jurisdiction, where applicable. In these instances, we will take steps to ensure that a similar level of protection is given to your Personal Data, including through adequate contractual measures, as shall be required under applicable laws. 

6. DATA SECURITY

We have implemented and maintained technical and organizational security measures, policies, and procedures designed to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to personal information appropriate to the nature of the information concerned. 

Nevertheless, no transmission or storage of information on the Internet is 100% safe.  Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorized access or abuse our Technology or Services, and we make no warranty, express, implied or otherwise, that we will prevent such access. As the security of information depends in part on the security of the computer you use to communicate with us and the security you use to protect user IDs and passwords, please take appropriate measures to protect this information.

If you feel that your privacy was not treated in accordance with our Privacy Policy, or if any person attempted to abuse the Technology or the Services or acted in an inappropriate manner, please contact us directly at privacy@powerbeans.ai. Additionally, we will make a reasonable effort to notify you and the appropriate authorities (if required by applicable law) in the event that we discover a security incident related to your Personal Data.

7. DATA STORAGE AND RETENTION

We hosts data with hosting service providers in numerous locations including the United States and Europe. We may disclose your information to our hosting service providers or any other service providers in those countries or any other country in which we may conduct our business from time to time. As a result, this information may be subject to access by and disclosure to government and law enforcement agencies in those countries according to their laws. If you're located in the European Union and/or the UK, your personal information may be transferred and stored in countries outside the European Union and/or the UK, including to the United States, that are subject to different standards of data protection. The standard of data protection in the United States and in certain other countries where we may process your information may not be considered by the European Commission and the UK government to be adequate when compared to the data protection standards of the EU, EEA and the United Kingdom. By using our Websites or Services, or by submitting your personal information, you consent to such transfer, storing and processing. We will take appropriate steps to ensure that transfers of personal information are in accordance with applicable laws.

We will only store your personal information (including your sensitive personal information) for as long as is reasonably necessary for the purposes for which it was collected, as explained in this Policy. Where your information is no longer needed, we will ensure that it is disposed of in a secure manner. In some circumstances, where we are legally permitted to, we may store your personal information for longer periods of time. The criteria used to determine the appropriate retention period includes:

  • regulatory requirements that we are subject to, including laws and regulations related to tax, employment, accounting and securities; 

  • whether a legal claim might be brought against us, for which the information would be relevant; 

  • the necessity of the information to provide our Services to our customers; and/or

  • the types and sensitivity of personal information being processed.

8. COOKIES

We use "cookies", "pixel tags" and other technologies from time to time for the following purposes:

  • Website Operations/Essential Cookies: To enable features that are necessary for providing you the Services on our site, such as identifying you as being signed in, tracking content views, and remembering your preferences.

  • Analytics: To allow us to understand how our Services are being used, track site performance and make improvements.

  • Personalized Advertising: To deliver personalized advertising based on your preferences or interests and to measure the effectiveness of ads.

Cookies are small bits of information that are stored by your computer’s web browser. You can decide if and how your computer will accept a cookie by configuring your preferences or options in your browser. However, if you choose to reject cookies, you may not be able to use certain features of our Website and/or Services.

We may allow third parties to place and read their own cookies, pixel tags, and other technologies to collect information through our Website and/or Services.  Our third-party service providers may use these technologies to collect information (i) that helps us with traffic measurement, research, and analytics, and (ii) that is used to serve personalized advertisements to you across the Internet tailored to your apparent interests.  To the extent we combine information from third party services with personal information we collect directly from you, we will treat the combined information as personal information under this Policy. Otherwise, the information collected and stored by third parties remains subject to their policies and practices, including whether they continue to share information with us, the types of information shared, and your choices on what is visible to others on third party services.

9. JURISDICTION-SPECIFIC PRIVACY RIGHTS

Except as otherwise provided by applicable law, note that for purposes of these requests, personal information does not include information we have collected as a service provider to our clients. 

You will not have to pay a fee to access your personal information (or to exercise any of the other rights described below). However, we may charge a reasonable fee if your request for access is unfounded or excessive if permitted by law. Alternatively, we may refuse to comply with the request in such circumstances. In addition, there may be requests that we are unable to process because of other legal requirements. If a request is denied, we will notify you of the reason.

You may submit a request on your own behalf, or you may have a request submitted on your behalf by an authorized agent or, if you are a minor, by your parent or legal guardian. When an authorized agent submits the request on your behalf, please ensure the authorized agent identifies himself/herself/itself as an authorized agent. Your request must provide sufficient information that allows us to reasonably verify that you are the person about whom the requested personal information relates (or an authorized agent for such person). Therefore, please provide us with the following information:

  • a clear description of your matter; and

  • your contact information

Depending on the nature and sensitivity of your request, we may request additional verification information (which we will describe to you at the time). We will use the information you provide only for the purpose of verification. This is a security measure to ensure that personal information is not disclosed to a requesting person who has no right to receive it.  

Depending on the data protection and privacy laws applicable in your jurisdiction, you may have certain rights concerning your Personal Data, including but not limited to:

  • The right to access your Personal Data;

  • The right to ensure your Personal Data is accurate, complete, and up to date;

  • The right to request the deletion of your Personal Data;

  • The right to object to the processing of your Personal Data;

  • The right to transfer your Personal Data;

  • The right to file a complaint with a supervisory authority in your jurisdiction; and

  • The right to withdraw consent, subject to legal or contractual restrictions and reasonable notice.

Should you wish to exercise any of these rights, we may need to verify your identity and locate your data, which may require some time in accordance with applicable privacy laws.

Please note that the specific rights available to you may vary based on the privacy protection laws in your jurisdiction.

To exercise any of the rights mentioned above or for further information or to raise a complaint regarding the handling of your Personal Data, you may contact our privacy team at: privacy@powerbeans.ai.

If you are dissatisfied with our response or believe we are processing your Personal Data in violation of applicable data protection laws in your jurisdiction, you may have the right to file a complaint with the relevant data protection authority in your area.