Customer Agreement
- TERMS & CONDITIONS OF SERVICE
- ACCEPTABLE USE POLICY
- SERVICE LEVEL AGREEMENT (SLA)
- DATA PROCESSING ADDENDUM (DPA)
- APPENDIX A - Data Processing Instructions
- APPENDIX B - Sub-processors
##### 1. The Customer’s Obligations The Customer shall be solely responsible for the use of the streamB Service and Systems by its employees, directors, officers, representatives, customers, End Users or any other person or entity to whom the Customer grants authorized access to the Service or Systems, and shall take all reasonable measures required to ensure that such persons use the Service and Systems in accordance with the conditions of this AUP. The Customer shall be solely responsible for any and all media property, information, data, log file, file, image, video or any other type of content of any type or form that is posted, stored or displayed by the Customer on streamB Systems.
##### 2. Illegal Use The Customer shall not use any streamB Service or Systems in a manner that (i) is prohibited by any law or regulation, including, without limitation, copyright, trademark, trade secret or other intellectual property right, decency, libel, defamation, privacy, criminal law or any other law or regulation; (ii) would unreasonably interfere with streamB Systems or would in any way prevent the other users of the Service from using or benefiting from the Service; or (iii) would post or transmit material or content which contains a virus, bot, Trojan horse, worm or other harmful or disruptive elements. The Customer shall, at its own expense, comply with all laws, regulations and other legal requirements that apply to it in conjunction with its use of streamB Service.
##### 3. System and Network Security The Customer shall not violate or tamper with streamB Systems or security of streamB Systems. Examples of Systems or security violations include, without limitation, the following: a) unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; b) unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network; c) interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; and d) forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
streamB will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected.
##### 4. Limitation of Liability streamB does not control content which is posted, stored or displayed on its Service and does not censor or monitor the use of the Service by the Customer, its employees, directors, officers, representatives, customers, End Users or any other person or entity whom the Customer permits to access the Service. Except to the extent caused by streamB’s willfulness or negligence, streamB disclaims liability for any claim or loss arising from such access to or such use of the streamB Service and Systems, and for any content which is posted, stored or displayed on any inter-connected Network.
##### 5. Default streamB reserves the right, without prior notice, to suspend the Customer’s use of Service or to remove content if streamB in its sole discretion believes the Customer is using the Service in violation of this AUP, including without limitation for any illegal or disruptive purpose. In such circumstances, streamB may also terminate Service in accordance with the streamB Terms and Conditions of Service. Complaints regarding illegal use of the streamB Service or any related issue should be sent to complaints@streamB.net.
For Emergency Support to be available, the following conditions must be met: a) the impact of the reported Downtime incident or failure is such that the Customer is unable to use the Service or essential features of the Service are unavailable for more than fifteen (15) consecutive minutes; b) no alternative solution is reasonably available; and c) the reported Downtime incident or failure creates a significant, negative impact on the Customer’s productivity or service level.
“**Response Time**” means the interval from the time streamB receives a Support Request from the Customer to the time streamB sends a response to the Customer as to the status of the problem, either by phone or by email.
“**Routine Support**” means any Technical Support which is not Emergency Support including but not limited to: a) password support; b) information or clarification requests on the Service; c) stream configuration; and d) support requested for feature unavailability.
“**Support Request(s)**” means any and all the Customer’s request(s) for Technical Support, by e-mail to the Ticket Reporting System.
“**Ticket Reporting System**” means the streamB computerized system which tracks the detection, reporting, and resolution of all problems arising from or in connection with the Service provided to the Customer. For the purpose of this SLA, all capitalized terms not defined herein shall have the respective meanings set forth in the streamB Terms and Conditions of Service.
##### 2. Technical Support **a. Support Description**. streamB shall provide Technical Support to the Customer as follows: |Type|Means of communication|Availability|Response Time| |--------------------|-----------------------|--------------------|----------------------| |Routine Support |E-mail: care@streamB.com |Core Hours |Within 24 hours | |Emergency Support |E-mail: care@streamB.com | | Less than 1 hour | For Routine Support, Response Time applies only during Core Hours.
**b. Support Request**. All Support Requests shall contain the following information: 1. Customer Station (call letters); 2. Contact name; 3. Contact phone number; 4. Contact email address; 5. Description of the nature of the problem and how it was detected; and 6. Ocurrence time of the problem.
**c. Ticket Reporting System**. A trouble ticket will be opened in the Ticket Reporting System either: i) for Routine Support or Emergency Support, automatically upon receipt of a Support Request submitted by e-mail; or ii) for Emergency Support, manually by streamB upon receipt of a valid Support Request submitted by phone or within a dedicated channel in Slack, or iii) for Routine Support or Emergency Support, manually if streamB becomes aware of a problem. In case of any problem arising from software supplied by streamB, it will provide a temporary patch as soon as possible, but in any case within 60 minutes after a trouble ticket is opened in the Ticket Reporting System, and then streamB will provide a permanent fix in the next software release.
**d. Case Resolution**. A Support Request is considered resolved when Service and operations are restored to the Customer’s satisfaction and the Ticket Reporting System is updated with the information defining the fix for the problem, including without limitation: 1. The Customer problem was resolved to the Customer’s satisfaction; 2. The Customer problem could not be reproduced; 3. The resolution was pending a management business decision of the Customer; 4. A workaround was implemented to the Customer’s satisfaction; 5. Inability to contact the Customer after two (2) business days; 6. The Customer requested to cancel the Support Request; 7. The Customer received information that resolved the problem; 8. The Customer received notice that a software or hardware problem was caused by a known, unresolved bug in the software or hardware.
##### 3. End user support Unless otherwise agreed to between the Parties, no technical support, neither assistance nor troubleshooting, shall be provided by streamB to the Customer’s End Users, including without limitation End User configuration assistance, or remote desktop service. However, in the event streamB agrees on providing support to End Users, such support shall be limited to the following: a) Access to FAQ documentation; b) Support Request form (e-mail based) submitted directly into the Ticket Reporting System; c) Response Time: five (5) hours, during Core Hours; and d) Assistance and information provided to enable End Users to use the Service.
##### 4. Service Level **a.** streamB’s Services depend (in part) on the capacities of its Third-Party Suppliers as well as the systems operating at the Customer’s location(s) and point(s) of use. The service level agreements from those suppliers are reflected in this SLA and streamB’s commitments and define the minimum quality of service that the Customer should expect when a repair is required at streamB’s demarcation point (meaning streamB’s Systems side and not the Customer’s equipment). streamB is not liable for the failure of the Customer’s computer or telephony systems to operate or interoperate with streamB’s Systems and streamB is not responsible for the Customer’s computer or telephony systems.
**b. Uptime Guarantee**. streamB provides a guarantee of 99.9% Uptime to the Customer, for the Customer Streaming Content.
**c. Downtime and Uptime Calculation**. Downtime and Uptime for streaming Service shall be measured for each Customer Station separately but shall not be cumulative if unavailability occurs simultaneously for several Customer Stations. For example, if the streaming service for ten (10)Customer Stations is unavailable at the same time for five (5) hours, the Downtime period will be five (5) hours and will not be multiplied by the number of unavailable Customer Stations (fifty (50) hours), and the Uptime period for a month will be equal to twenty-four (24) hours multiplied by the number of days in such month and will not be multiplied by the number of available Customer Stations. The calculation of the Downtime of a Service officially starts when the live stream has become unavailable to all End Users due to a failure on the streamB Network for at least two (2) minutes and ends when the live stream becomes available to End Users. The Downtime will be calculated by using the Customer Stations with the longest Downtime. For example, if a problem with ten (10)Customer Stations is resolved Customer Station by Customer Station, the Downtime ends when the last Customer Station affected by the problem is restored.
**d. Downtime Credit**. In the event that streamB fails to meet the Uptime guarantee as specified in section 4.b of this SLA during any calendar month, streamB shall grant the Customer a credit against the monthly fees otherwise payable for the affected Service(s) in accordance with the following table: |Downtime| Credits| |--------------|--------| |To 2% | 10% | |>2% to 3% | 20% | |>3% | 30% |
For the avoidance of doubt, streamB acknowledges that such reduction in monthly fees applies with respect to the affected Service(s) provided during Uptime, including the per-GB fees for the affected Service(s) during such calendar month.
##### 1. Subject Matter of Addendum. a) This Data Processing Addendum (“**Addendum**”) governs the collection and Processing of Personal Data/Personal Information by streamB as Processor/Service Provider for and on behalf of Customer as the Controller/Business. streamB’s collection and processing of Personal Data/Personal Information is based on Customer’s instructions relating to the products and services provided by streamB to Customer pursuant to commercial agreement(s) (“**Principal Agreement**”). Additional details on the collection and processing of Personal Data/Personal Information are described in EXHIBIT A “Data Processing Instructions”, which is incorporated herein by reference. The Parties agree that this Addendum is made and entered into as of the date of the last signature below and is part of the applicable Principal Agreement.
b) This Addendum is based on the provisions of the applicable laws of the European Union (in particular the GDPR, as defined below) and of the Member States, as well as the California Consumer Privacy Act of 2018.
C) The terms used in this Addendum shall have the meanings set forth in this Addendum. Capitalized terms not otherwise defined herein shall have the meaning given to them in the Principal Agreement, the GDPR, or CCPA as applicable. Except as modified below, the terms of the Principal Agreement shall remain in full force and effect. In this Addendum, (i) the words "includes", "including" and similar expressions mean "include (or including) without limitation".
##### 2. Definitions and Interpretation. “**Affiliate**” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party.
“**Anonymized Data**” means Customer Personal Data that has been rendered anonymous in a manner to prevent it from being attributable to an identified or identifiable person.
“**Applicable Laws**” means the laws, regulations, and other similar instruments applicable to the Parties, including European Union or Member State laws and any other national or international laws applicable to the Parties, including GDPR and CCPA.
“**Business**” is as defined in the CCPA. “Business Purpose” is as defined in the CCPA.
“**California Consumer Privacy Act of 2018**” or “**CCPA**” means the California Consumer Privacy Act at Cal. Civ. Code Section 1798.100-1798.199 and any successor legislation including all amendments thereto and regulations thereunder.
“**Commission**” is as defined in the GDPR.
“**Consumer**” is as defined in the CCPA. “Controller” is as defined in the GDPR.
“**Customer**” means the individual or legal entity that is identified above and is receiving Services from streamB under the Principal Agreement.
“**Customer Personal Data**” means Personal Data Processed by a Processor on behalf of the Customer under or in connection with the Principal Agreement.
“**Data Protection Laws**” means applicable data protection or privacy laws and regulations, including GDPR and CCPA.
“**Data Subject**” means (i) an identified or identifiable natural person who is in the EEA or whose rights are protected by the GDPR, or (ii) a “Consumer” as the term is defined in the CCPA.
“**Digital Ad Insertion**” means the optional Service provided to Customers, should they elect to use it, for the insertion of digital audio ads into Customer Streaming Content and related services.
“**European Economic Area**” or “**EEA**” means the European Union’s member countries and Iceland, Lichtenstein and Norway.
“**GDPR**” means the General Data Protection Regulation no. 2016/679 and any successor legislation including all amendments thereto and regulations thereunder.
“**Member State**” is as defined in the GDPR.
“**Personal Data**” is as defined in the GDPR.
“**Personal Data Breach**” is as defined in the GDPR.
“**Personal Information**” is as defined in the CCPA, including household information and biometric information.
“**Principal Agreement**” means the entire agreement between streamB and the Customer for the Services, including the TCs, the SLA, the AUP, this Addendum, and instructions provided via configuration of the Services through the Portal, where such instructions are consistent with the terms of the TCs, the SLA, the AUP, this Addendum.
“**Processing**” is as defined in the GDPR and shall be read to include that term as it is defined in the CCPA, as applicable.
“**Processor**” is as defined in the GDPR.
“**SCCs**” means standard contractual clauses for international data transfers.
“**Sell**” is as defined in the CCPA.
“**Service Provider**” is as defined in the CCPA.
“**Services**” means the services provided by streamB in connection with the Principal Agreement or any other services provided by streamB during the term of the Principal Agreement in order to enable the delivery of such services.
“**streamB**” means leanStream Inc.
“**streamB Cookie**” means a cookie, pixel tag or similar technology provided by streamB to Customer, including through the implementation of a code snippet or script provided by streamB.
“**streamB Platform Interface**” means the interface to any information system made available to Customer in order to benefit from the Services.
“**Sub-Processor**” means a party (including any third party subject to Section 5) appointed by streamB to Process Personal Data/Personal Information on behalf of Customer in connection with the Services and the Principal Agreement.
For purposes of this Addendum, Service Providers engaged by streamB to Process Personal Data/Personal Information will be deemed Sub-Processors.
"**Sub-Processor Cookie**” means a cookie, pixel tag or similar technology created by a Sub-Processor and provided by streamB to Customer, for advertisements, including through the implementation of a code snippet or script provided.
“**Supervisory Authority**” means either (as applicable): (i) an independent public authority which is established by an EU Member State under Article 51 of the GDPR, or (ii) the California Attorney General.
“**Third Party**” is as defined in the CCPA.
##### 3. Purpose of Processing. **Customer acknowledges and agrees that:** (i) Customer (or an Affiliate on whose behalf Customer is authorized to provide instructions to streamB) is the Controller of the Data Subjects’ Personal Data Processed by streamB in streamB’s performance of the Services, and (ii) streamB shall act as Customer’s Processor in streamB’s performance of the Services. For the purposes of the CCPA, Customer acknowledges and agrees that streamB is a Service Provider and Customer is a Business. Unless otherwise required under Applicable Laws, the Controller shall provide streamB with access to the Controller’s data and streamB shall Process any Personal Data in streamB’s capacity as a Processor in accordance with the Data Processing Instructions, attached as EXHIBIT A, for the purposes of providing the Services, including digital audio content delivery, monetization, analytics and reporting services to Customer.
If streamB is required by Applicable Laws to Process Customer Personal Data for purposes other than those set out above, streamB shall, to the extent permitted by Applicable Laws, inform the Customer of such legal requirement before Processing such Customer Personal Data.
For purposes of CCPA, Customer (as a Business) directs streamB to collect, retain, use disclose, and/or otherwise process Personal Information: 1. for the fulfillment of streamB’s obligations to perform the Services pursuant to the terms of the Principal Agreement, 2. for the fulfillment of streamB’s obligations set forth in this Addendum, and/or 3. as otherwise directed by Customer in writing.
In addition to the purposes set forth above, Customer acknowledges and agrees that streamB may collect, retain, use, disclose and otherwise Process Personal Information to: 4. collect, use, retain or share Personal Information that has been (I) aggregated or (II) de-identified in accordance with CCPA, 5. comply with Applicable Laws, 6. comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, provincial, state, territorial or local authorities or other Supervisory Authority, 7. cooperate with law enforcement agencies concerning conduct or activity that Customer, streamB or a third party reasonably and in good faith believes may violate federal, provincial, state, territorial, or local law, and/or 8. exercise or defend legal claims.
streamB shall not process Personal Data for any purpose other than for the purposes set forth in this Section 3 “Purpose of Processing” and further agrees that it will not: (A) Sell the Personal Information, or (B) retain, use, or disclose the Personal Information for any commercial purpose other than for the specific purposes set forth above, unless instructed to do so in writing by Customer.
The Parties acknowledge and agree that they do not intend to engage in the Processing of any special categories of Personal Data (as defined in Articles 9 and 10 of the GDPR) under the Principal Agreement. Customer further acknowledges and agrees to take all necessary measures to prevent any such sensitive Personal Data being provided or made available to streamB. If Customer provides or makes available any such sensitive Personal Data, it is Customer’s sole responsibility when acting in its capacity as Controller to comply with the conditions relating to the Processing of such special categories of Personal Data under the GDPR, including Article 9.
##### 4. Legality of Processing. Whenever acting in its capacity as Controller, the Customer represents and warrants, or covenants, as the case may be, that: 1. it is solely responsible for assessing the lawfulness of Processing and meeting all the legal requirements regarding the Processing and sharing of Data Subjects’ Personal Data/Personal Information (as applicable) with streamB and streamB’s Sub-Processors according to Applicable Laws, including applicable Data Protection Laws, 2. It shall provide Personal Data/Personal Information in compliance with all Applicable Laws, 3. It has fully complied with transparency principles and provided to the Data Subjects an accurate privacy notice, 4. it has gathered the explicit consent of the Data Subject for the Processing of Data Subject’s Personal Data under GDPR and/or posted a “Do not sell my personal information” link on Customer’s websites under the CCPA, as applicable, and shall communicate, in both cases, the Data Subject’s consent/opt-out to streamB, 5. the request for consent shall comply with the requirements under the GDPR, including presenting the explicit consent mechanism in a manner which is clearly distinguishable from other matters, is intelligible and easily accessible, and uses clear, and simple language, 6. it shall keep Data Subjects’ Personal Data up to date, accurate, and complete, 7. it shall inform Data Subjects of their right to withdraw consent at any time and Customer shall effectuate any Data Subject’s withdrawal of consent, and 8. it shall honor access, deletion, opt-in and opt-out rights and requests. Customer further acknowledges and agrees that it shall: 9. be solely responsible for any information Customer provides to streamB, including the legality of such information, and ensure that Customer has all necessary rights and permissions to provide such information to streamB and for streamB to collect, retain, use, disclose, or otherwise process Personal Data/Personal Information, and 10. notify streamB of a Data Subject’s withdrawal of consent under the GDPR or a Consumer’s opt-out of the sale of Personal Information under the CCPA, provide streamB with updates on any modifications to the Data Subject’s Personal Data and Data Subject’s exercise of rights under Applicable Law, and provide such information in an interoperable format and in a manner reasonably acceptable to streamB. streamB will not be liable for any Processing contrary to a Data Subject’s choice if Customer fails to comply with such requirements.
##### 5. Sub-processors. streamB will, and will require any Sub-Processors to, only Process Customer Personal Data/Personal Information according to instructions which are reasonably equivalent to Customer’s documented instructions as set forth in EXHIBIT A of this Addendum and the Principal Agreement, or as otherwise required by Applicable Law. Customer instructs and authorizes streamB and each streamB Affiliate to instruct its Sub-Processors and/or other third parties to: 1. Process Personal Data/Personal Information, including engaging other Sub-Processors and/or third parties to Process Customer Personal Data/Personal Information in order to provide the Services, including enabling and optimizing the Services, and 2. engage any Sub-Processor on behalf and for the benefit of Customer. Customer represents and warrants that it is, and will at all times during the term of the Principal Agreement be, permitted to authorize such instruction. streamB may continue to use Sub-Processors already engaged by streamB as of the date of this Addendum. streamB’s current Sub- Processors are listed in EXHIBIT B. streamB will have the right to update the list of Sub-Processors any time by publishing an updated list of Sub-Processors on the streamB Platform Interface. Customer will have the right to object to the appointment of a Sub-Processor either in writing or through the streamB Platform Interface at any time. If any Sub-Processor of streamB will be Processing Customer Personal Data/Personal Information on behalf of the Customer, streamB shall enter into a written agreement with such Sub-Processor that includes terms substantially equivalent to those set out in this Addendum.
streamB will instruct any Sub-Processor engaged by streamB to Process Customer Personal Data/Personal Information according to instructions which are reasonably equivalent to the instructions as set forth in the Data Processing Instructions attached in EXHIBIT A. Notwithstanding the foregoing: 3. Sub-Processors will have the right to process Customer’s data based on such Sub-Processors’ existing technical and organizational measures or to implement their own appropriate technical and organizational security measures, provided such technical and organizational measures ensure a level of security appropriate to the risk taking into account the circumstances of the Processing, and (d) Sub-Processors will be responsible for assessing their own level of security and evaluating the effectiveness of their own security instructions. streamB will cause Sub-Processors to agree to submit documentation describing the implementation of the technical and organizational measures at the request of the Customer.
##### 6. Authorization to Share Customer Personal Data/Personal Information. Customer acknowledges and agrees that streamB may Process and share Customer Personal Data/Personal Information with contractors, agents and other third parties (including streamB Affiliates) which act as subcontractors for the purpose of providing the Services (which parties are, for greater certainty, deemed to be acting as Sub-Processors), as reasonably necessary for the provision of the Services and consistent with the Principal Agreement. streamB shall only grant access to the Personal Data/Personal Information being Processed on behalf of the Customer to persons under streamB’s authority who have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality and only on a need-to-know basis. streamB shall periodically review the list of persons to whom access has been provided. On the basis of such review, such access to Data/Personal Information can be withdrawn, if access is no longer necessary, and Personal Data/Personal Information shall consequently not be accessible anymore to those persons.
##### 7. Processing of Personal Data/Personal Information by Authorized Independent Controllers/ Third Parties. If Customer requests streamB to provide Services using entities that do not comply with the Data Processing Instructions set forth in EXHIBIT A, such entities will be classified as “Authorized Independent Controllers” or “Third Parties”. Customer shall authorize streamB to use such Authorized Independent Controllers/Third Parties by providing instructions to streamB either in writing or through the streamB Platform Interface.
If Customer amends the list of Authorized Independent Controllers/Third Parties which Customer has authorized streamB to use to sub-process Customer data, Customer shall be responsible for assessing the impact on the Processing of Personal Information/Personal Data, and for its own compliance with all Applicable Laws, including applicable Data Protection Laws, including changes to privacy policy, privacy notice, records of processing, and/or lawfulness of processing.
##### 8. Transfer of Personal Data outside of the EEA. If the Customer is subject to GDPR, streamB agrees not to transfer Customer Personal Data to, or Process such Customer Personal Data in, a location outside of the EEA (in each case referred to hereafter as a “Transfer”) without Customer’s prior written consent, which consent shall not be unreasonably withheld or delayed. Prior written consent of Customer is not required for the transferring to, or accessing by, the employees/contractors of streamB of Customer Personal Data.
For the purposes of this Section 8, Customer hereby consents to Transfers outside of the EEA where: 1. streamB or its Sub-Processor (as the case may be) has entered into standard contractual clauses or the equivalent thereof for the transfer of personal data to Processors established in third countries, as approved by the Commission, with Customer (or a Customer Affiliate) as the data exporter, 2. where such Transfer is subject to an adequacy decision by the Commission, or 3. where the Transfer otherwise complies with Applicable Laws, including Data Protection Law.
##### 9. Security of Processing. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing the Customer Personal Data/Personal Information as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, streamB shall implement appropriate technical and organizational measures for the Processing of Customer Personal Data/Personal Information to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR and the applicable measures in the CCPA.
In assessing the appropriate level of security, streamB shall take into account the risks that are presented by such Processing, in particular risks related to Personal Data Breaches.
Customer acknowledges that it (not streamB): 1. controls the nature and contents of the Personal Data/Personal Information and implements its own technical and organizational measures appropriate to the risk of Processing, and 2. acts as its own system administrator and controls End Users’ Personal Data/Personal Information. Customer represents and warrants or covenants, as applicable, that whenever acting in its capacity as Controller/Business: 3. it has collected all Personal Data/Personal Information in accordance with Applicable Laws, including applicable Data Protection Laws, 4. the Processing of Personal Data/Personal Information in accordance with this Addendum will not violate Applicable Laws, including applicable Data Protection Laws, and 5. Customer will take all steps necessary to ensure it achieves the foregoing, including by providing Data Subjects with appropriate privacy notices, obtaining required consent, and ensuring that there is a legal basis for Processing Personal Data/Personal Information.
Customer will indemnify and hold harmless streamB and its Sub-Processors against all losses, fines, and regulatory sanctions arising from any claim by a third party (including a Supervisory Authority) arising out of Customer’s negligence, willful misconduct, and/or any breach of this Section 9 by Customer.
##### 10. Personal Data Breaches. streamB will notify Customer without undue delay if streamB becomes aware of a Personal Data Breach affecting Customer Personal Data/Personal Information. streamB’s notification of or response to a Personal Data Breach under this Section 10 will not be construed as an acknowledgment by streamB of any fault or liability with respect to the Personal Data Breach. streamB shall cooperate with Customer and provide commercially reasonable assistance as may be required to comply with any reporting obligations under GDPR and CCPA due to such Personal Data Breach. Any such assistance required by streamB under this Section 10 shall be at Customer’s expense.
##### 11. Assistance. Taking into account the nature of the Processing, to the extent possible, streamB shall assist Customer by implementing appropriate technical and organizational measures to assist Customer with Customer’s obligations regarding Data Subjects’ rights requests under Chapter III of GDPR, CCPA, and other Applicable Laws, including applicable Data Protection Laws.
Taking into account the nature of the Processing and the information available to streamB, streamB shall assist Customer in ensuring compliance with Customer’s obligations relating to the security of Personal Data/Personal Information, data protection impact assessments and prior consultation requirements under Applicable Laws, including applicable Data Protection Law. streamB shall have no obligation to reidentify or otherwise link information that is not maintained in a manner that would be considered Personal Data for the purposes of the GDPR or Personal Information for purposes of the CCPA.
streamB shall: 1. promptly notify Customer if streamB or streamB’s Sub-Processors receive a request from a Data Subject under any Applicable Laws, including Data Protection Law, with respect to Customer Personal Data, and 2. shall ensure that neither streamB nor streamB’s Sub-Processors respond to Data Subject requests, except upon the documented instructions of Customer or as required by Applicable Laws, in which case streamB shall, to the extent permitted by Applicable Laws, inform Customer of such legal requirement before streamB or streamB’s Sub-Processors respond to any request. Customer acknowledges and agrees that any assistance required by streamB beyond the requirements of Applicable Laws shall be at Customer’s expense. Notwithstanding the foregoing, Customer understands and agrees that for purposes of the CCPA, Customer is solely responsible for responding to requests to exercise Data Subjects’ rights requests and that streamB shall have no responsibility to respond directly to an individual on Customer’s behalf, absent written instructions from Customer.
##### 12. Deletion or return of Customer Personal Data. streamB shall retain copies of any Customer Personal Data/Personal Information for a period of at least ninety (90) days (the “Retention Period”) from the date of termination of any Services involving the Processing of Customer Personal Data/Personal Information (the “Termination Date”). On expiry of the Retention Period, Customer may direct streamB to promptly delete and procure the deletion of all copies of such Customer Personal Data/Personal Information at Customer’s request.
During the Retention Period, Customer may, in its sole discretion, provide written notice to streamB requiring streamB to: 1. return a complete copy of all Customer Personal Data/Personal Information to Customer by secure file transfer in such format as is reasonably disclosed to Customer by streamB, and 2. save (as otherwise set forth in this Section 12), delete and procure the confirmation of deletion of all other copies of Customer Personal Data/Personal Information Processed by streamB or a streamB Sub-Processor. streamB and each Sub-Processor may retain Customer Personal Data/Personal Information to the extent required by Applicable Laws for such period of time required by Applicable Laws, provided, however, that streamB ensures the confidentiality of all such Customer Personal Data/Personal Information and that such Customer Personal Data/Personal Information is only Processed as is necessary for the purpose(s) specified in the Applicable Laws requiring the storage of Personal Data/Personal Information and for no other purpose.
streamB shall, at the request of the Customer, provide written certification to Customer that streamB has fully complied with this Section 12 within thirty (30) days of the expiry of the Retention Period.
##### 13. Right to Assess. Upon at least sixty (60) days’ prior written notice by Customer, streamB shall grant Customer (or a mutually acceptable independent auditor) permission to perform, at Customer’s expense, an assessment, audit, examination or review (an “Assessment”) of all controls in streamB’s organizational, physical and/or technical environment relating to the Customer Personal Data Processed and/or Services provided to Customer pursuant to the Principal Agreement. Such Assessment shall be carried out no more than once per year. streamB shall cooperate with the conducting of such Assessment by providing reasonable access to knowledgeable personnel, physical premises, documentation, infrastructure and application software that Processes, stores or transfers Customer Personal Data pursuant to the Principal Agreement, demonstrating how streamB complies with its obligations related to privacy and data security under the Principal Agreement (including this Addendum). In addition, upon Customer's prior written request, streamB shall provide Customer with the results of any audit performed by or on behalf of streamB that assesses the effectiveness of streamB’s information security program as relevant to the security and confidentiality of Customer Personal Data that streamB Processes on Customer’s behalf during the course of the Principal Agreement. streamB acknowledges and agrees that Supervisory Authorities may request information from streamB and carry out investigations in the form of data protection audits of streamB, in accordance with Applicable Laws (“Authority Assessments”). To the extent legally permissible, streamB shall notify Customer promptly, providing full details of any streamB concerns, if streamB believes any request by Customer under this Section 13 would infringe Applicable Laws.
##### 14. Anonymization. Customer agrees that streamB is permitted to Process the Customer Personal Data/Personal Information in order to create Anonymized Data, which streamB is entitled to retain and use for its own purposes. Customer further agrees that in the event that it requires streamB to delete Customer Personal Data/ Personal Information, including under Section 13, the deletion of the Customer Personal Data/Personal Information may be effectuated and deemed complete through an anonymization process resulting in Anonymized Data.
##### 15. Cookies. Customer shall not place, or cause to be placed, a streamB Cookie on an End User’s computer, mobile phone or other terminal device unless it has fulfilled its obligations under Applicable Laws, including collecting such End User’s consent which consent complies with the requirements of Applicable Laws, including applicable Data Protection Laws (a “Cookie Consent”). Customer shall maintain appropriate records of Cookie Consents that it collects and shall provide streamB with evidence of any Cookies Consent as requested by streamB from time to time. Customer acknowledges that servers owned and operated by third parties may be used in connection with advertisement targeting, delivery, measurement and reporting hereunder, including as may be required by advertisers, and that streamB and such third parties use cookies, beacons and other technologies in connection with the foregoing. Customer agrees to disclose in the privacy policies of each property that technologies such as cookies and web beacons may be used on such property by third party advertising companies to determine End User interests and characteristics, and deliver advertising based on those interests and characteristics, and that End Users may visit http://www.aboutads.info and http://www.networkadvertising.org (or other industry standard organization as approved by streamB) for more information about such practices, and how to opt-out from the use of such technologies. Customer shall observe any streamB requests to comply with any laws, rules, regulations, industry self-regulatory efforts or best practices relating to End User privacy.
##### 16. Miscellaneous. **a) Conflicts**. In the event of any conflict between this Addendum and the Principal Agreement between the Parties, these terms will govern solely with respect to the subject matter hereof.
**b) Changes in Data Protection Laws**. streamB may notify the Customer in writing from time to time of any amendments to this Addendum resulting from a change in Applicable Laws, including Data Protection Laws, including the generality of the foregoing, any variations which are:
1. required as a result of any changes to UK Applicable Laws, including Data Protection Laws, following any exit of the UK from the EU, or 2. required to take account of any new data transfer mechanisms for the purposes of Section 8. Any such amendments shall take effect thirty (30) days after written notice is sent by streamB.
**c) Applicable Laws**. This Addendum is subject to the legal provisions stipulated above in Section 1.2.
**d) Governing Law and Jurisdiction**. This Addendum and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of [Germany] for Customers that are legally incorporated in a country of the EEA and in accordance with the laws of Ontario for Businesses that are legally incorporated elsewhere. The parties hereby irrevocably and unconditionally attorn to the exclusive jurisdiction of the courts of [Germany] for Customers that are legally incorporated in a country of the EEA, the courts of Ontario for Businesses that are legally incorporated elsewhere, and all courts competent to hear appeals therefrom.
**e) Severance**. If any provision, or portion thereof, of this Addendum is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such determination will: 1. not impair or affect the validity, legality, or enforceability of the remaining provisions of this Addendum, and each provision, or portion thereof, is hereby declared to be separate, severable, and distinct and 2. amended as necessary to ensure its validity and enforceability, while preserving the intentions of the Parties as closely as possible.
**f) Supersedes Previous Agreements**. This Addendum, including all Exhibits hereto, constitutes the entire understanding between streamB and Customer relating to the subject matter hereof and supersedes and cancels all prior written and oral agreements and understandings with respect to the subject matter of this Addendum.
These Data Processing Instructions describe Customer’s instructions relating to the data Processing activities to be carried out by streamB under the Principal Agreement. Any capitalized terms used herein and not defined herein shall have the meaning set out in the Principal Agreement and/or in the Data Processing Addendum.
##### 1. Subject Matter. The subject matter of the data Processing includes the Services described in the Principal Agreement, including streamB’s provision of the digital audio content delivery, monetization, analytics and reporting services to Customer.
##### 2. Duration. streamB shall Process Personal Information/Personal Data during the term of the Principal Agreement.
##### 3. Authorized Processing Activities. Customer instructs and authorizes streamB to Process Personal Information/Personal Data for the purposes of providing Customer the digital audio content delivery, analytics and reporting services pursuant to the Principal Agreement, in particular: 1. providing Customer with listener analytics reports related to the performance of the Services, as well as to provide Customer with copies of traffic logs, and for purposes of Technical Support streamB provides to repair errors, faults or other operational or security problems 2. undertaking internal research for technological development and demonstration, and/or 3. generally, improving the Services streamB provides.
Should the Customer be subscribed to Digital Ad Insertion Service, Customer further instructs and authorizes streamB to Process Personal Information/Personal Data for the purposes of providing Customer the digital audio monetization services pursuant to the Principal Agreement, in particular: 4. ensuring that the Data Subject is not exposed to the same advertisement too often or up to a specified amount of occurrences (i.e., frequency capping), 5. ensuring that and/or evaluating whether the Data Subject is exposed to advertisements in the most appropriate language, 6. ensuring that and/or evaluating whether the Data Subject is exposed to advertisements most relevant to the approximate location where the Data Subject is – or believed to be – located, 7. ensuring that and/or evaluating whether Data Subject is exposed to advertisements most relevant to the Data Subject propensity segments to which the Data Subject is believed to belong, 8. auditing and/or validating that the Data Subject is a natural person instead of a robot or a fraudulent system and whether the Data Subject is effectively exposed to one or more advertisements, 9. analyzing, auditing, measuring the exposure, efficacy and effectiveness of the advertisements to which the Data Subject is exposed and consequently selecting more relevant advertisements for the Data Subject, 10. assessing the type of device the Data Subject is believed to be using, and subsequently adapting the formats and contents of advertisements according to the capabilities of the device.
##### 4. Authorized Data, Data Categories and Data Subject Categories. Except when instructed otherwise by the Customer, streamB is authorized to Process the following data: **a) End User Personal Information/Personal Data** 1. streamB processes End User Personal Information/Personal Data included within Customer Streaming Content when providing the Services to Customer. If requested, End User Personal Information/Personal Data may include data such as: Login credentials, 2. Name and contact information, 3. Financial or other transaction information, 4. Other Personal Information/Personal Data relating to the individual Data Subject as configured by Customer.
b) Logged Personal Data StreamB processes Personal Information/Personal Data that is included in log files when performing the Services for Customer (“Logged Personal Data”). Logged Personal Data is Personal Information/Personal Data logged by streamB servers, relating to access to Customer content over the streamB platform by End Users, as well as Personal Information/Personal Data logged in association with End User activity and interaction with web and internet protocol sessions transiting streamB’s servers as part of a Data Subject’s session with the Customer’s web property. Without limiting the generality of the foregoing, Logged Personal Data include such data as: 1. End User IP addresses, 2. URLs of sites visited with time stamps (with associated IP addresses), 3. Geographic location based upon IP addresses.
If the Data Subject accesses a web browser and/or HTTP-connected device in order to use Customer’s site/services, streamB may Process the following data: * End User device operating system and language, * End User device type (aka User-Agent), * End User AdsWizz Cookies OAID, OAGEO, SessionID, * End User AdsWizz listener ID. If the Data Subject uses a mobile device or mobile application in order to use the Customer’s services, streamB may Process the following data: * End User-resettable advertising ID (e.g., IDFA, AAID, MAID), * End User device GPS coordinates, * End User AdsWizz listener ID. If the Data Subject uses a device equipped with AdsWizz Ad Insertion SDK in order to use the Customer’s services, streamB may Process the following data: * End User device listening mode and listening volume, e.g. “headset on”, * End User device accelerometer data and other End User device operating parameters. Among the data described above, the following may be considered Personal Information/Personal Data subject to Applicable Laws, including Data Protection Laws, depending on the jurisdiction where the Customer operates and/or where the Data Subject is located: * End User IP address, * End User AdsWizz listener ID, including End User AdsWizz Cookies containing the AdsWizz listener ID, * End User-resettable advertising ID (e.g., IDFA, AAID, MAID), * End User device GPS coordinates. Except when instructed otherwise by the Customer, streamB is authorized to Process the Personal Information/Personal Data of the following categories of Data Subjects: * End Users accessing the digital audio web content and/or using the web services of Customer, * Employees accessing the web services of streamB.
##### 5. Authorized Sub-Processing and Categories of Sub-Processors. Customer authorizes streamB to engage any Sub-Processor to carry out the Processing of Personal Information/Personal Data as necessary for streamB to provide the Services. Sub-Processors will not engage in prohibited activities as set forth in Section 6 “Prohibited Processing Activities for streamB”.
Customer authorizes streamB to engage the following categories of Sub-Processors for the following purposes: 1. When Customer subscribes to the Digital Ad Insertion Service: the Service provisions a platform connecting to a third-party digital audio advertising solution provider, for campaign delivery, tracking and reporting. 2. When Customer enters into an "AudioMax Publisher Agreement" or an "Integrated Advertising Inventory agreement" with streamB: third-party advertising platforms, Demand-Side Platforms ("DSPs"), and Media Buying Platforms are used for the purpose of receiving bids to buy Customer's media inventory and delivering the most relevant advertisements to the Data Subject, and the Data Subject propensity segments to which the Data Subject is believed to belong. 3. When Customer uses any data-related features of the Digital Ad Insertion Service or subscribes to the AdWave Ad Network Service with streamB: Data Management Platforms and Cross-Device Resolution Platforms are used to confirm that the Data Subject is exposed to advertisements most relevant to the End User propensity segments to which the Data Subject is believed to belong and/or for assessing which devices the Data Subject is believed to be using and subsequently adapting the formats and contents of advertisements according to the capabilities of the devices. 4. When Customer uses "Second Screen" and/or "Retargeting" features of any the Digital Ad Insertion Service or Subscribes to the AdWave Ad Network Service with streamB: Media Exchanges are used for the purpose of exposing the Data Subject to targeted advertisements on properties that may not be owned and/or operated by the Customer itself. 5. When Customer uses the "third party tracking" and/or "brand safety" features of any of the Digital Ad Insertion Service or Subscribes to the AdWave Ad Network Service with streamB: third party ad-impression, viewability, brand safety and/or exposure tracking providers are used for the purpose of auditing, validating that the Data Subject is a natural person that has been or will be exposed to advertisements and is therefore not a robot or a fraudulent system, and/or counting the times the Data Subject is exposed to a particular advertisement.
##### 6. Prohibited Processing Activities for streamB. Except as otherwise instructed by the Customer, for example when Customer instructs streamB to engage Authorized Independent Controllers/Third Parties, streamB shall not Process Personal Information/Personal Data of Customer End Users or Employees for any purpose other than for the purposes of providing the Services as set forth in the Principal Agreement, and shall not: 1. Sell the Personal Information/Personal Data, 2. retain, use, or disclose the Personal Information/Personal Data for any commercial purpose other than for the specific purpose of performing the Services specified in the Principal Agreement, and 3. retain, use, or disclose the Personal Information/Personal Data outside of the direct business relationship between the End User and Customer, except for those Customers subscribed to the Digital Ad Insertion Service, to the extent that the activity is necessary to carry out certain operational Business Purposes for Customers (e.g., frequency capping of AdWave End User across publishers).
##### 7. Prohibited Processing Activities for Customer. Customer shall not pass Personal Information/Personal Data to streamB other than as listed in Section 4, “Authorized Data and Data Categories” without prior agreement in writing from streamB. Customer shall not pass to streamB any directly identifiable data, including Data Subject email address, actual address of residence/domicile, legal name, and/or marital status.
If Customer collects additional Personal Information/Personal Data that is first-party data about Data Subjects/Consumers, which is not listed in Section 4 “Authorized Data and Data Categories” and streamB authorizes Customer to share such first-party data with streamB, Customer shall, along with other legally required disclosures, specify in the Customer’s explicit notice or privacy statement the following information: 1. the nature of the additional first-party data collected, 2. the purpose of sending such additional first-party data to streamB, 3. any link between the purposes for which the Personal Information/Personal Data have been collected and the purposes of the intended further Processing by streamB and its sub-contractors, 4. the possible consequences of the intended further Processing for Data Subjects/Consumers, and 5. the existence of the appropriate safeguards compatible to the purpose of Processing.
##### 8. Prohibited Categories of Data. Both Customer and streamB are prohibited from collecting and/or Processing Personal Data of Data Subjects located in the European Union that contains: (i) racial or ethnic origin, (ii) political opinions, (iii) religious or philosophical beliefs, (iv) trade union membership, (v) genetic data, (vi) biometric data for the purpose of uniquely identifying a natural person, (vii) data concerning health, and/or (viii) data concerning a natural person's sex life or sexual orientation.
##### 9. streamBTracking Providers of Customer’s own Choosing. When Customer elects to send Personal Information/Personal Data to entities of the Customer’s own choosing, which provide tracking services complementing the Services that streamB provides (such entities are hereafter named “Tracking Providers”), such as but not limited to “3rd Party Tracking Providers”, “Brand Safety Providers”, “Attribution Performance Analysis Providers”, “Conversion Analysis Providers”, “Advertising Efficacy Auditors”, “Impression Tracking Providers”, “Viewability Analysis Providers”, “Auditability Analysis Providers”, either directly through the Customer’s own systems or indirectly via streamB’s systems, such Tracking Providers shall not be deemed Sub-Processors to streamB but rather contractors to Customer acting on the Customer’s instructions. In particular, Customer shall be responsible for transmitting consents of Data Subjects as well as do not sell my data/opt-out requests from Consumers to Tracking Providers, regardless of whether or not such consents or do not sell my data/opt-out requests have already been transmitted to streamB.
|Sub-processor| Purpose of sub-processing| |--------------|--------| |Hetzner Online GmbH| Cloud servers| |Amazon Web Services, Inc|Cloud servers| |Gigenet|Cloud servers| |OVH|Cloud servers| |100TB|Cloud servers| |Linode|Cloud servers| |Wordpress|Cloud servers| |Rackspace| Webmail / customer email aliases| |Kinsta|Web hosting|
**Part B**: Sub-Processors Processing Personal Information/Personal Data pertaining to streamB clients, partners, service providers and suppliers as part of streamB's general operations:
|Sub-processor| Purpose of sub-processing| |--------------|--------| |Auth0|platform authentication and authorization management| |Formagrid Inc|Internal / External communication| |Twilio Inc.|Alerting| |Intuit Inc.|Corporate Billing| |ZOHO|Windows Encoder probes| |Stripe Inc.|Credit Card payments| |Helpscout| Customer support|
Privacy Policy
We use your COMPANY NAME to create a default COMPANY SUBDOMAIN. You can edit your default COMPANY SUBDOMAIN before you click "SUBMIT" but not afterwards.
For example, if your COMPANY NAME is "The Uptown Broadcasters Association" we’ll suggest the default as:"the-uptown-broadcasters-association" and your STREAMING URL would be: "https://the-uptownbroadcasters-association.streamb.live/SBxxxxxx".
The STREAMING URL may be visible to your audience. If you don’t like the default, NOW is the time to think this through. You can edit your COMPANY SUBDOMAIN now to something shorter and more memorable for your audience, but you can’t do it later.
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