ISSUED BY PANIVOX LIMITED
Last updated 2nd September 2023
1.1 Panivox Limited, a company registered in England under company number 12823124 with registered address PO BOX 6825, Kenilworth, England, CV8 9FL, and its affiliate companies (“Panivox”, “we”, “us” or “our” in this policy), operates RichCast (including the integrated editor, audio experiences, applications, products, software and other materials under the “RichCast” brand) (“Services”).
1.3 Panivox is committed to protecting and respecting your privacy. This policy explains the basis on which personal information we collect from you will be processed by us. Where we decide the purpose or means for which Personal Data you supply through these Services is processed, we are the “data controller” for the purposes of the EU and UK General Data Protection Regulation.
1.4 This policy explains the following:
1.4.1 What information Panivox may collect about you;
1.4.2 How Panivox will use information we collect about you;
1.4.3 Whether Panivox will disclose your details to anyone else; and
1.4.4 Your choices and rights regarding the personal information you have provided to us.
1.5 Our online services contain hyperlinks to websites owned and operated by third parties. These third-party websites may have their own privacy policies and we recommend that you review them. We do not accept any responsibility or liability for the privacy practices of such third parties and your use of their services is at your own risk.
1.6 Please note you have the right to object to our processing of your personal data in certain circumstances. To exercise this right, please email firstname.lastname@example.org
2. WHAT INFORMATION WILL PANIVOX COLLECT ABOUT ME?
2.1 We collect and process the following types of information which may include your Personal Data.
Information provided by you when using our Services
You may give us information about you by filling in forms when setting up an account with us, using our Services, signing up to our newsletter or contacting us with enquiries. Such information may include:
1) Identity and log-in data: including your name, RichCast username, e-mail address, RichCast password, age (due to age-gated Titles), and log-in account details (such as Facebook or Google account details) used for signing in to RichCast;
2) Transaction data: if you are a Creator, we will process your bank account details in connection with the payment of royalties to you. If you are a Player, we process data relating to your use of our virtual currency, RichCoins, such as how much has been spent on a particular game, how much you have left in your account and the packs or subscriptions to RichCoins that you purchase (see further in the section on ‘Payment Information’ below);
3) Creation data: if you are a Creator, we will process all data you create and upload to the Titles you are creating, including any images, voices, videos or sound effects you choose to add;
4) Your enquiry: if you contact us about your account and/or our Services, we may keep the content of such enquiry. You are under no obligation to provide us with any details, but if you do not provide all relevant information, we may not be able to help;
5) Competition entry data: if you enter into any of the competitions we run through our Services we may keep the information you provide to us as part of your entry.
Information generated by your use of our Services
1) Titles data: for Players, this is information related to the Titles that you play, including your interactions with such Titles like the choices you make and information about other events in Titles;
2) Location data: some Titles on the RichCast platform use data relating to your location as part of the Title. In such instances, we will process this data to allow you to progress through the relevant Game; and
3) User interaction data: we process your list of RichCast friends and copies of chat logs and interactions between you and other Users whilst using our Services.
Information provided by your friends when they use the Services
Where your friends are using our Services, they might invite you to join the RichCast platform. In such circumstances we will process the information they provide to us in order to send you the invitation, namely your email address.
Further, where a Creator incorporates your information into a Game they are creating, such as your name, picture or a recording of your voice, we process such information in order to deliver our Services.
How you use the Services (Analytics)
Information regarding how you access and use the Services such as Internet Protocol (IP) address, browser type, and access details, is automatically collected through the use of analytics tools, including cookies (a small text file placed on your hard drive) or similar technologies.
In particular, when you visit RichCast, we collect technical information about your use of RichCast through the use of Google Analytics Cookies (see more on cookies in section 6 below, including details on the duration of such cookies). Read Google’s overview of privacy and safeguarding data here.
The Google cookie collects information on the number of visitors to RichCast, where visitors have come to RichCast from and the pages in RichCast they visited. We collect the following information through Google Analytics: average pages per RichCast session, where our users come from, device and operating system, time of day that RichCast is used, general location, average time on RichCast, whether or not it is a returning visitors.
3. DATA SHARING
3.1 With other Users
3.2 Interacting with other Users of our Services is part of what makes RichCast fun. We enable such interaction through various means, including collaboration features, chat logs and interactions between Players whilst in Titles. Obviously, the information you share through such channels, will be accessible by the other User you are communicating with. Please note you are responsible for the data you share via such channels.
3.3 In addition, in order to facilitate your interaction with other Users, for example by allowing you to find your RichCast friends, we allow other Users access to some limited categories of your personal information, namely your account username.
3.4 Finally, to help Creators refine and improve their Titles, and so your RichCast friends can keep up with how you’re doing on the platform, we permit other Users to access your Titles data (see ‘Information generated by your use of our Services’ above) when using our Services.
3.5 With affiliates and third parties
3.7 If we are involved in a merger, acquisition, transfer or sale of all or a portion of our assets, we may share your personal information with the other party as part of the negotiations.
3.8 In addition, we may disclose your information to the extent that we are required to do so by law or regulation (which may include to government bodies, regulators and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).
4. HOW WE WILL USE INFORMATION WE COLLECT ABOUT YOU
Providing the Services to you as a User
We may use and retain your personal data where we need to perform the contract we are about to enter into or have entered into with you, such as to:
- register you as a new User;
- enable your purchase of RichCoins, subscriptions or other paid-for Titles, items or Services;
- administer your subscriptions;
- deliver our Services to you or to ensure that the Services function properly and deliver the features promised.
We may also use and retain the personal data that you provide to us when requesting our Services, to pursue our legitimate interest of providing our Services to you, such as to:
- respond to your enquiries;
- analyse and improve our Services; and
- provide you with information and updates about the Services we offer.
We will send you direct marketing communications where we have obtained your prior consent to keep you informed of our services in which you might be interested, or based on our legitimate interests where we have an existing relationship with you and we wish to contact you about similar services in which you may be interested. You may opt-out from (i.e. ask not to receive) direct marketing communications from us at any time by emailing email@example.com, or by selecting the opt-out option provided in all of our marketing emails.
Prevention of Harassment, Fraud and other Unacceptable Activity
We may process your information for the legitimate interests of ensuring that use of our Services is in line with our EULA, lawful and non-fraudulent, does not disrupt the operation of our Services, does not harass our staff, other Users or other individuals, and to enforce our legal rights and comply with our legal and regulatory obligations, including compliance with anti-money laundering regulations (if and where applicable).
Where we suspect that you have breached our EULA, we may investigate and keep a record of such investigation and its conclusion. Where such investigation concludes in a ban from our Services, we will keep details of such ban to ensure that it can be enforced.
We process information for the legitimate interest of complying with HMRC requirements by retaining records of customer purchases and transactions.
Where we reasonably believe that you are or may be in breach of any of the applicable laws or regulations, we may use your personal information to inform relevant third parties, your email/internet provider or law enforcement agencies about the content.
4.1 Our processing of your personal data as described above, is based on one or more of the following legal bases:
4.1.1 our legitimate interests in running the RichCast platform, protecting our rights and responding to User enquiries;
4.1.2 the performance of a contract we have with you, for example, if such processing is necessary to provide you with the Services for which you have paid;
4.1.3 your freely given, specific and informed consent; or
4.1.4 compliance with our legal obligations.
5.2 A number of the cookies we use are simply to ensure the core functionality of the Services. However, we also use other cookies for different purposes. Information relating to these is detailed below:
*A persistent cookie will be stored on your device for a specific length of time. A session cookie does not contain such specified duration and instead will be deleted when the browser session is closed (i.e. when you are finished using RichCast and close down the internet window from which you accessed it).
5.3 Please note that, some cookies (such as the Google analytics cookies) may be set by third parties when you use our Services. These third parties may be suppliers who partner with us to deliver our Services, companies that participate with us in affiliate marketing programmes and other third parties. These cookies are controlled by the third parties, so please check these third-party websites for more information about these cookies and how to manage them.
5.4 Where cookies are not strictly necessary for the core functionality of our Services, we will ask for your consent to their use via our cookie banner. You are free to reject these uses of cookies, however if you do so, certain aspects of the Services may not function as intended.
5.5 We collect the information we obtain from the above cookies for analytics purposes, namely collecting data that allows us to understand how users interact with our service. These insights allow us both to improve content and to build better features that improve the user’s experience.
6. YOUR RIGHTS IN RELATION TO PERSONAL DATA WHICH WE PROCESS RELATING TO YOU
6.1 You have the following rights over the way we process personal data relating to you:
• Request access. You have the right to ask for a copy of personal data we are processing about you.
• Request correction. You have the right to request correction of the personal data we hold about you, such as if it is incomplete or inaccurate.
• Request erasure. You have the right to request erasure of your personal data, where there is no legitimate reason for us to continue to process it, or where you have exercised your right to object to the processing (see below).
• Object to processing. You have the right to object to the processing of your personal data where we rely upon the legal basis of our (or a third party’s) legitimate interests for that processing.
• Request processing restriction. You have the right to ask us to suspend processing of your personal data, such as if you want to establish its accuracy or the reasons for it being processed.
• Request machine-readable copy and transfer. You have the right to request a machine-readable copy of your personal data, which you can use with another data controller. Where it is technically feasible, you can also ask us to send this information directly to another data controller if you prefer.
• Right to make a complaint. You have the right to make a complaint to a data protection supervisory authority. In the UK, the relevant supervisory authority would be the Information Commissioner’s Office.
• Right to withdraw consent. In the limited circumstances for any processing by us of your personal data for which we rely upon the legal basis of your consent, you have the right to withdraw your consent at any time upon notice to us. If you do, we will no longer process the relevant personal data.
6.2 If you wish to make a request or exercise your rights, please contact us at: firstname.lastname@example.org. We aim to comply without undue delay, and within one month at the latest where possible.
6.3 Please be aware that we may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
7. DATA RETENTION
7.2 To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal and regulatory requirements.
7.3 Where we have banned a User from our Services due to their breach of our EULA, we keep information to enforce such ban. This information is held by us indefinitely, consistent with our legitimate interest and reviewed periodically.
7.4 In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
8.1 To register for the Services, you must be at least 13 years old. We therefore do not knowingly solicit data from or market to children under the age of 13. If a parent or guardian of a child under the age of 13 becomes aware that his or her child has provided us with information without their consent, he or she should contact us at email@example.com. We will delete such information from our files within a reasonable time.
9.1 We will take all reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
9.2 Please be aware that, although we endeavour to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
We will notify you of any changes to this policy by email, notice on the website and/or account message.
11. INTERNATIONAL DATA TRANSFERS
11.1 Where we transfer your data outside of the UK in respect of the transfer to the third parties and affiliates listed above, we will first put in place appropriate measures to ensure the adequate protection of your personal data. Those measures may include, for example, specific contracts containing the standard contractual clauses adopted and approved by relevant data protection regulators, or another appropriate measure.
11.2 In the event an international data transfer of your personal data occurs and you require further information about the protective measures that we apply, please contact us using the following email address: firstname.lastname@example.org.