Glow enables podcasters (“Creators”) to create membership programs and engage directly with listeners (“Members”) to offer membership benefits.
As part of this service, Glow shares personal data of Members (“Member Data”) with Creators, who then process Member Data to provide products and services as part of the Creators’ membership programs (“Membership Services”). Glow requires all Creators to agree to this Data Processing Agreement and to respect the privacy rights of Members when processing Member Data.
- "Data Protection Law" means all applicable laws relating to privacy and the processing of personal data that may exist in any relevant jurisdiction, including, where applicable, the guidance and codes of practice issued by the supervisory authorities. Data Protection Law includes, but is not limited to, the General Data Protection Regulation (Regulation (EU) 2016/279) (“GDPR”) and the California Consumer Privacy Act (Civil Code § 1798.100 et seq. ) (“CCPA”), and/or any related regulations or laws which amends or replaces any of them.
- "Good Industry Practice" means exercising the same skill, expertise and judgement and using facilities and resources of a similar quality as would be expected from a person who: (a) is skilled and experienced in providing the services in question, seeking in good faith to comply with his contractual obligations and seeking to avoid liability arising under any duty of care that might reasonably apply; (b) takes all proper and reasonable care and is diligent in performing his obligations; and (c) complies with the Data Protection Law.
- The terms "data controller", "data processor", “subprocessor”, "data subject", "personal data", "processing", and "appropriate technical and organizational measures" shall be interpreted in accordance with the GDPR, or other applicable Data Protection Law, in the relevant jurisdiction.
II. Scope. The parties agree that Glow and the Creator are each an independent data controller in relation to Member Data that a Creator processes in the course of providing Membership Services. The subject matter of the data processing, the types of personal data processed, and the categories of data subjects will be defined by, and/or limited to, those necessary to carry out and/or provide the Creator’s Membership Services. The Creator must notify Members, and if required by Data Protection Law obtain Members’ consent, prior to the Creator processing Member Data for any purpose other than as expressly set forth in this Data Processing Agreement. The processing to which this Data Processing Agreement applies will be carried out by the Creator upon leaving the Glow platform. The subject matter, duration, nature, and purpose of the processing of the personal data as well as the type of personal data and categories of data subjects covered by this Data Processing Agreement are as follows:
- The subject matter of the data processing is Member Data.
- The duration of the processing is for as long as Creator holds Member Data.
- The nature and purpose of the processing is limited to (a) Creator’s fulfillment of Membership Services to the Member, (b) maintenance of Creator’s relationship with the Member, or (c) upon Member’s request or express consent to Creator.
- The type of personal data covered by this Data Processing Agreement is contact information, including but not limited to email address and name.
- The category of the data subjects are Members including but not limited to website users who sign up for memberships on Glow.
III. Data Protection. The Creator shall adhere to the following requirements:
- Appropriate Technical and Organizational Measures. The Creator will implement and maintain appropriate technical and organizational measures designed to protect the personal data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. The measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of the personal data and having regard to the nature of the personal data which is to be protected and as a minimum shall be in accordance with the Data Protection Law and Good Industry Practice.
- Transfer to Third Parties. The Creator will not give access to or transfer any Member Data to any third party (including any affiliates, group companies or subcontractors) without the prior consent of the Member. The Creator may disclose or give access to Member Data to a subprocessor or service provider (collectively “Vendor”) only if the Creator (a) ensures the reliability and competence of such Vendor, its employees or agents who may have access to the personal data, and (b)enters a written contract with such Vendor that includes provisions protecting the Member Data which are equivalent to those in this Data Protection Agreement and the Terms of Service and as are required by applicable Data Protection Law.
- Reliability and Competence of Creator Personnel. Creator will take reasonable steps to ensure the reliability and competence of any Creator personnel who have access to Member Data. The Creator will ensure that all Creator personnel required to access the Member Data are informed of the confidential nature of the personal data and comply with the obligations set out in this Data Protection Agreement.
- Acknowledgement of Data Protection Law and Assistance. Creator will take all reasonable steps to assist Glow in complying with applicable Data Protection Law. For example, the Creator will promptly inform Glow in writing if it receives: (a) a request from a data subject concerning any personal data; or (b) a complaint, communication, or request relating to Creator’s obligations under Data Protection Law.
- Destruction or Return of Property Upon Membership Services Completion. The Creator will not retain any of the personal data for longer than is necessary to provide Membership Services, maintain Creator’s relationship with the Member, or fulfill a Member’s request and consent. At the end of Membership Services, or upon the Member’s request, Creator will securely destroy or return (at Glow’s election) the personal data to the Member.
- Investigate the Matter promptly. The Creator shall promptly take action, at their own expense, to investigate the Loss or Security Breach and to identify, prevent and mitigate the effects of the Loss or Security Breach and to carry out appropriate recovery actions to remedy the Loss or Security Breach.