Last Revised: October 14, 2024

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This Privacy Policy applies to the Riverside cloud-based platform for recording, editing, and sharing remote audio and audio-visual recordings locally for podcasts and other uses, which is available online and via a mobile application (“Platform”). This Privacy Policy describes how RiversideFM, Inc. and its affiliated companies (collectively, “Riverside”, “we”, “our” or “us”) process (e.g., collect, store, use and disclose) the personal data (as defined below) described below.

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1. Customer Data: personal data that we process on behalf of our customers who have agreed to our Terms and Conditions or entered into and signed a service agreement and/or order form (“Customers”), as part of their use of the Platform.
   We process such Customer Data on behalf of and under the instruction of the respective Customer, in accordance with our Data Processing Addendum or any other data processing agreement entered into between Riverside and the Customer. Accordingly, this Privacy Policy (which describes Riverside’s privacy and data processing practices as a data controller) does not apply to such processing done on our Customers’ behalf. If you are an audience member participating in a livestream event conducted on the Platform by one of our Customers, we will process your personal data solely under such Customer’s instructions and for the purposes set out in the relevant agreements in force with them. Please see Section 10 below for further information about our role as Data Processor in these situations.
2. User Data: Personal data relating to users of the Platform, i.e., the Customer’s account administrators and end-users, as well as any other individual using or invited to our Platform (collectively, “Users”);
3. CRM & Prospect Data: data relating to our Customers’, partners’ and suppliers’ focal internal persons who directly engage with us as a part of our commercial relationships, visitors of our website (www.riverside.fm), participants at our events and third-party events, and any other prospective customer, user or partner (collectively, “Prospects”) who visits or otherwise interacts with our website, Platform, online ads and content, emails, integrations or communications under our control (“Sites”, and collectively with the Platform, the “Services”).

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Specifically, this Privacy Policy describes our practices regarding:

1. Data Collection & Processing
2. Data Uses
3. Data Location
4. Data Retention
5. Data Disclosure
6. Cookies and Data Collection Technologies
7. Communications
8. Data Security
9. Data Subject Rights
10. Data Controller/Processor
11. Additional Notice & Contact Details 

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If you are a User or Prospect, please read this Privacy Policy carefully and make sure that you fully understand it. You are not legally required to provide us with any personal data, and may do so (or avoid doing so) at your own free will. If you do not wish to provide us with your personal data, or to have it processed by us or any of our Service Providers (defined below under Section 5), please avoid any interaction with us including visiting our Sites or using our Services. If you are a User of the Services on behalf of any of our Customers, we suggest that you contact the respective Customer and your account administrator with any questions.

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When we use the term “personal data” in this Privacy Policy, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.

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Types of personal data collected. Riverside collects and generates the following types of personal data:

      1. User Data

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• Platform account information (names, email addresses, login credentials, profile picture, titles, and workplace);
• Platform usage data (IP addresses and approximate location based on such IP addresses, device data (like type, OS, device id, browser version, locale and language settings used), microphone and camera type, activity logs, session recordings, log-in credentials to the Platform, the cookies and pixels installed or utilized on a User’s device, and inferred or presumed data generated from their use of the Platform);
• Direct interactions and communications with us (personal data contained in communications with our Users, including recordings and transcripts of our calls, chats, and emails, e.g., for user enablement, support and training purposes).

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      2. CRM & Prospect Data

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• Contact details (business contacts of our customers, suppliers and partners who directly engage with us as a part of our commercial relationships with them, e.g., their names, emails addresses, phone numbers, title and workplace);
• Website usage data (personal data relating to visitors of our website, which includes connectivity, technical and aggregated usage data, such as user agent, IP addresses, device data (like type, OS, device id, browser version, locale and language settings used), activity logs, session recordings, and the cookies and pixels installed or utilized on their device);
• Direct interactions and communications with us (personal data of our Prospects gathered when they interact with us, e.g., when a Prospect submits a form on our website, or as a part of a commercial engagement we have with Prospects before they convert to Users).

Categories of sources from which personal data is collected. We obtain personal data from the following sources:

• Data collected directly from you. Some of the personal data we process is collected directly from you. For example, you may provide us with your contact details when you create an account at Riverside, submit a form on our website or when you voluntarily provide information to us at an event, conference, or webinar you have participated in or during our commercial engagement with you.

• Data collected from third parties. We obtain personal data from third parties, such as our Customers or Service Providers. For example, we may get Users’ details from their employer (which are our Customers) as a part of our commercial engagement with them. We may also obtain personal data from our Service Providers, e.g., marketing and sales tools, data enrichment services, our sales and marketing partners, distributors, job recruiters, or your colleagues.
• Automatically generated data. We may collect personal data that is automatically generated when you visit our website or use the Services or Platform, by using Cookies and similar data collection technologies (as described under Section 6 below).

For the purposes of the California Consumer Privacy Act (“CCPA”), specifically, in the last twelve (12) months, we have collected the following categories of personal information: Identifiers; Professional or Employment-Related Information; Internet or other Electronic Network Activity Information; Customer Records Information; Commercial Information; Inferences from Personal Information Collected; and Geolocation Information. We do not use or disclose sensitive personal information as defined in the CCPA.

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We use personal data for the following purposes and in reliance on the legal bases for processing noted next to them, as appropriate:

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If you reside or are using the Services in a territory governed by privacy laws under which “consent” is the only or most appropriate legal basis for the processing of personal data as described herein (in general, or specifically with respect to the types of personal data you expect or elect to process or have processed by us or via the Services, or due to nature of such processing), your acceptance of our Terms and Conditions and this Privacy Policy will be deemed as your consent to the processing of your personal data for all purposes detailed in this Privacy Policy, unless applicable law requires a different form of consent. If you wish to revoke such consent, please contact us at [email protected].

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We and our authorized Service Providers (defined below) maintain, store and process personal data in jurisdictions including the United States (US), European Union (EU), United Kingdom (UK), Israel, the Philippines, and other locations, as reasonably necessary for the proper performance and delivery of our Services, or as may be required by law.

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While privacy laws may vary between jurisdictions, Riverside its affiliates and Service Providers are each committed to protecting personal data in accordance with this Privacy Policy and customary industry standards, and such appropriate lawful mechanisms and contractual terms requiring adequate data protection, regardless of any lesser legal requirements that may apply in the jurisdiction to which such data is transferred.

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Riverside operates from various locations, including Israel, a jurisdiction which is considered by the European Commission, the UK Secretary of State, and the Swiss Federal Data Protection and Information Commissioner (FDPIC), to be offering an adequate level of protection for personal data of individuals residing in EU Member States, the UK and Switzerland, respectively. We transfer data from the EEA, the UK and Switzerland to Israel on this basis.

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Riverside complies with the EU-US Data Privacy Framework (EU-US DPF), the UK Extension to the EU-US DPF, and the Swiss-US Data Privacy Framework (DPF) as set forth by the US Department of Commerce, and primarily relies on such certification for accepting transfers of data from the EEA, UK and Switzerland to the US (as applicable). We have certified to the US Department of Commerce that Riverside adheres to the EU-US Data Privacy Framework Principles (EU-US DPF Principles) with regard to the processing of personal data received from the EU in reliance on the EU-US DPF, and from the UK (and Gibraltar) in reliance on the UK Extension to the EU-US DPF; and to the Swiss-US Data Privacy Framework Principles (Swiss-US DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-US DPF. We will remain liable in cases of onward transfers of your personal data to third parties (including our Service Providers). If there is any conflict between the terms in this policy and the EU-US DPF Principles and/or the Swiss-US DPF Principles, such Principles shall govern for personal data transferred under the DPF. To learn more about the DPF program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

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For data transfers from the EEA, the UK and Switzerland to countries which are not considered to be offering an adequate level of data protection, we and the relevant data exporters and importers have entered into Standard Contractual Clauses as approved by the European Commission, the UK Information Commissioner’s Office (ICO), and the Swiss FDPIC, as applicable. You can obtain a copy by contacting us as indicated in Section 11 below.

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Please note that where Riverside processes personal data on behalf of a Customer, such personal data (included in their Customer Data) may only be processed in accordance with, and in the locations as agreed in, our Data Processing Agreement and other commercial agreements with such Customer (as further described in Section 10 below).

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We retain User and Prospect Data for as long as we deem it reasonably necessary to maintain and expand our relationship and provide you with our Services and offerings; in order to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (i.e. as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our data retention policy.

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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 unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and the applicable legal requirements. 

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We retain Customer Data in accordance with our Customers’ instructions, provided through the Data Processing Addendum entered with Riverside or other commercial agreement we have with each Customer. Accordingly, if you have any questions regarding the retention of Customer Data, please contact the respective administrator managing your account.

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We disclose personal data in the following ways:
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Service Providers: We may engage selected third-party companies and individuals to perform services on our behalf or complementary to our own. Such service providers include hosting and server co-location services, communications and content delivery networks (CDNs), data security services, billing and payment processing services, fraud detection and prevention services, web and product analytics, e-mail distribution and monitoring services, session or activity recording services, remote access services, content transcription and analysis services, performance measurement, data optimization and marketing services, social and advertising networks, content and video editing tools, content and data enrichment providers, event production and hosting services, e-mail, voicemails, support, enablement and customer relation management systems, and our legal, financial and compliance advisors (collectively, “Service Providers“). Our Service Providers may have access to personal data, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use the data as determined in our agreements with them.

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AI tools: Our Services include AI features which are provided by our authorized AI third-party providers (our AI sub-processors). These AI features are offered pursuant to our Data Processing Addendum with Customers, and such AI sub-processors only process Customer Data (see definition above) subject to our Customers’ permission. Users can always opt out of the use of AI features by refraining from such use.  For more information, please see our Help Centeror each out by email via [email protected]. A list of our sub-processors is available here.

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Youtube API Services: Riverside may allow you to livestream audio and audio-visual recordings directly from your Riverside account to a YouTube channel and/or other social media platforms. In this case, Riverside will access certain information from YouTube using Youtube API Services, such as channel name, ID, and thumbnail. If you decide to engage in such activity, Google’s Privacy Policy shall apply and Riverside shall adhere to Youtube’s API Services User Data Policy. Please note, you can always remove access via Google’s security settings page.
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Partnerships: We engage selected business and channel partners, resellers, distributors and providers of professional services related to our Services, which allow us to explore and pursue growth opportunities by facilitating a stronger local presence and tailored experiences for our Customers, Users and Prospects. In such instances, we may disclose relevant contact, business and usage details with the respective partner, to allow them to engage with those entities and individuals for such purposes. If you directly engage with any of our partners, please note that any aspect of that engagement which is not directly related to the Services and directed by Riverside is beyond the scope of Riverside’s Terms and Conditions and Privacy Policy and may therefore be covered by the partner’s terms and privacy policy.

Event Sponsors: If you attend an event or webinar organized by us or a conference in which we are also in attendance or download or access a related asset on our Sites, webinar or other activity involving third-party sponsors or presenters, we may disclose your personal data to them. If required by applicable law, you may consent to such disclosure via the registration form or by allowing your attendee badge to be scanned at a sponsor booth. In these circumstances, your personal data will be subject to the sponsor’s privacy statements. If you do not wish for your personal data to be disclosed, you may choose not to opt in via event/webinar registration or elect not to have your badge scanned, or you can opt out in accordance with Section ‎9 below.
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Business Customers & account administrators: Our Customers have access to any personal data we process on their behalf in our capacity as a “processor” (under the EU GDPR or UK GDPR) or a “service provider” (under the CCPA and similar laws). Accordingly, account administrators have access to personal data associated with the Riverside account(s) controlled by them.
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Legal Compliance: We may disclose or allow government and law enforcement officials access to your personal data in response to a subpoena, search warrant or court order (or a similar requirement), or in compliance with applicable laws and regulations, including in relation to national security. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so; (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect our legitimate business interests, including the security or integrity of our products and services.

Protecting Rights and Safety: We may disclose personal data with others if we believe in good faith that this will help protect the rights, property or personal safety of Riverside, any of our Users, Prospects or Customers, or any members of the general public.
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Riverside Subsidiaries and Affiliated Companies: We may disclose personal data internally within our group, for the purposes described in this Privacy Policy. In addition, should Riverside or any of its subsidiaries or affiliates undergo any change in control or ownership, including by means of merger, acquisition, or purchase of substantially all or part of its assets, personal data may be disclosed or transferred to the parties involved in such an event. We may disclose personal data to a third-party during negotiation of, in connection with, or as an asset in, such a corporate business transaction. Personal data may also be disclosed in the event of insolvency, bankruptcy or receivership.

Additional disclosure: For the avoidance of doubt, Riverside may disclose personal data in additional manners, pursuant to your explicit approval, if we are legally obligated to do so, or if we have successfully rendered such data non-personal, non-identifiable and anonymous. We may transfer or disclose non-personal and non-identifiable data at our sole discretion and without the need for further approval.
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For the purposes of the CCPA, in the past twelve (12) months, we may have disclosed Identifiers; Professional or Employment-Related Information; Internet or other Electronic Network Activity Information; Commercial Information; Inferences from Personal Information Collected; Customer Records Information; and Geolocation Information to the third parties listed above.

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We and our Service Providers use cookies and other technologies for performance, tracking, analytics and personalization purposes. We may disclose non-identifiable / aggregated extracts of such information with our partners for our legitimate business purposes.

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Cookies are packets of information sent to your web browser and then sent back by the browser each time it accesses the server that sent the cookie. Some cookies are removed when you close your browser session. These are the “Session Cookies”. Some last for longer periods and are called “Persistent Cookies”. We use both types.

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We use Persistent Cookies to remember your log-in details and make it easier for you to log-in the next time you access the Platform. We may use this type of cookie and Session Cookies for additional purposes, to facilitate the use of the Services’ features and tools. We may also use HTML5 local storage for the above-mentioned purposes. These technologies differ from browser cookies in the amount and type of data they store, and how they store it.

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While we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application, you can manage your cookies preferences, including whether or not to accept them and how to remove them, through your browser settings. Please bear in mind that disabling cookies may complicate or even prevent you from using the Services. You may also use the “cookie settings” feature available at the bottom of our website at www.riverside.fm.

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We also use Google Analytics, a web analytics tool which helps us understand Users’ behavior on our Sites, including by tracking page content, and click/touch, movements, scrolls and keystroke activities. Further information about the privacy practices of Google Analytics is available at: www.google.com/policies/privacy/partners/. Further information about your option to opt-out of Google Analytics is available at: https://tools.google.com/dlpage/gaoptout.

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Please note that if you get a new computer, install a new browser, erase or otherwise alter your browser’s cookie file (including upgrading certain browsers), you may also clear the opt-out cookies installed once you opt-out, so an additional opt-out will be necessary to prevent additional tracking.

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We engage in service and promotional communications, through e-mail, phone, SMS and notifications.
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Service Communications: We may contact you with service-related information regarding our Services. For example, we may send you notifications (through any of the means available to us) of changes or updates to our Services, billing issues, log-in attempts or password reset notices, etc. You may be able to control your communications and notifications by following the instructions included in the communications sent to you (if any). Please note that you will not be able to opt out of receiving certain service communications which are integral to your use (like password resets or billing notices).

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Promotional Communications: We may also notify you about new features, additional offerings, events, special opportunities or any other information we think you will find valuable, as our Customer, User or Prospect. We may provide such notices through any of the contact means available to us (e.g., phone, mobile or e-mail), through the Services, or through our marketing campaigns on our Sites and Platform.

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If you do not wish to receive such promotional communications, you may notify us at any time by sending an e-mail to [email protected], or by following the “unsubscribe”, “stop”, “opt-out” or “change e-mail preferences” instructions contained in the promotional communications you receive.

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In order to protect your personal data held with us, we use industry-standard physical, procedural and technical security measures, including encryption as appropriate. However, please be aware that regardless of any security measures used, we cannot and do not guarantee the absolute protection and security of any personal data stored with us or with any third parties as described in Section 5 above. Please contact us if you have any additional questions.

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Individuals have rights concerning their personal data. Please contact us by e-mail at: [email protected] if you wish to exercise your privacy rights under any applicable law, including the EU GDPR, UK GDPR, Swiss Federal Data Protection Act, the CCPA, the Virginia Consumer Data Protection Act (VCDPA), the Colorado Privacy Act (CPA) and other similar US State Laws. Such rights may include – each to the extent applicable to you under the laws which apply to you – the right to know/request access to (specific pieces of personal data collected; categories of personal data collected; categories of sources from whom the personal data was collected; purpose of collecting personal data; categories of third parties with whom we have shared personal data), to request rectification or erasure of your personal data held with us, to restrict or object to such personal data’s processing (including the right to direct us not to sell your personal data to third parties now or in the future), to port such personal data, or the right to equal services and prices (e.g. freedom from discrimination).

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You may designate an authorized agent, in writing or through a power of attorney, to request to exercise your privacy rights on your behalf. The authorized agent may submit a request to exercise these rights by emailing us.

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Please note that when you ask us to exercise any of your privacy rights, we may need to ask you to provide us certain credentials to make sure that you are who you claim you are, to avoid disclosure of personal data related to others and to ask you to provide further information to better understand the nature and scope of the data that you request to access. If your request relates to personal data contained in Customer Data (i.e., personal data we process on our Customer’s behalf as its “data processor” or “service provider”, as further explain in Section 10 below), please note that such Customer exclusively determines how such data may be processed, as well as if and how your request should be handled – so we advise that you submit your request directly to them. We will not fulfill your request unless you have provided sufficient information that enables us to reasonably verify that you are the individual about whom we collected the personal data, and if such data is processed on behalf of any of our Customers – to which Customer it particularly relates, so that we may forward it to them for their further handling. Such additional information may be then retained by us for legal purposes (e.g., as proof of the identity of the person submitting the request, or proof of request fulfillment).

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We may redact from the data we make available to you, any personal data or confidential information related to others.

Please note you may have a right to lodge a complaint with a competent data protection authority, such as the supervisory authority in the EU Member State of your habitual residence, place of work, or of the alleged GDPR infringement, the UK’s Information Commissioner’s Office, or your State’s Attorney General (as applicable).

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Complaints about transfers of data from the EU, UK or Switzerland to the US: In compliance with the DPF Principles, we commit to resolve complaints about our collection or use of your personal data. EEA, UK and Swiss individuals with inquiries or complaints regarding our DPF compliance should submit enquiries to [email protected]. We commit to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-US DPF and the UK Extension to the EU-US DPF; and the Swiss-US DPF to JAMS DPF Program an alternative dispute resolution provider based in the United States, the European Union, the United Kingdom, and/or Switzerland (as applicable)].  If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit JAMS ADR for more information or to file a complaint. JAMS DPF Program’s services are provided at no cost to you.

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Subject to certain conditions (as described under the DPF Principles that Riverside adheres to), you may invoke binding arbitration by delivering a notice to us via [email protected]. Riverside is also subject to the investigatory and enforcement powers of the Federal Trade Commission.

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Certain data protection laws and regulations, such as the EU GDPR, UK GDPR and the CCPA typically distinguish between two main roles for parties processing personal data: the “data controller” (or “business” under the CCPA), who determines the purposes and means of processing; and the “data processor” (or “service provider” under the CCPA), who processes the data on behalf of the data controller. Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
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Riverside is the “data controller” of User and Prospect Data. With respect to such data, we assume the responsibilities of data controller (solely to the extent applicable under law), as set forth in this Privacy Policy. In such instances, our Service Providers processing such data will assume the role of “data processor”.
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Riverside is the “data processor” of Customer Data and processes it on behalf of the Customer (who is the “data controller” of such data); and our Service Providers who process such Customer Data on our behalf are the “sub-processors” of such data.
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Accordingly, Riverside processes Customer Data strictly in accordance with our Customers’ reasonable instructions and as further stipulated in the Data Processing Addendum entered with Riverside and other commercial agreements with such Customer.
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Our Customers are solely responsible for determining whether and how they wish to use our Services, and for ensuring that all individuals using the Services on the Customer’s behalf or at their request, as well as all individuals whose personal data may be included in Customer Data processed through the Services, have been provided with adequate notice and given informed consent to the processing of their personal data, where such consent is necessary or advised, and that all legal requirements applicable to the processing of Customer Data through our Services are fully met by the Customer, including specifically in the context of an employment relationship. Our Customers are also responsible for handling data subject rights requests under applicable law, by their Users and other individuals whose data they process through the Services, for example, livestream audience members. For further information about how your personal data is handled by our Customers, please view their privacy policies or contact them directly.

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Updates and Amendments: We may update and amend this Privacy Policy from time to time by posting an amended version on our Services. The amended version will be effective within five (5) days of being posted to the Riverside website. We will provide prior notice if we believe any substantial or material changes are made via any of the communication means available to us or via the Services. By continuing to access or use the Platform, you agree to be bound by the revised Privacy Policy. If you do not agree to the modifications, your sole remedy, is to terminate use of the Platform.
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External Links: While our Services may contain links to other websites or services, we are not responsible for their privacy practices. We encourage you to pay attention when you leave our Services for the website or application of such third parties, and to read the privacy policies of each and every website and service you visit. This Privacy Policy applies only to our Services.
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Children: Our Services are not designed to attract children under the age of 13. Children between the ages of 13 and 18 may only use the Platform with parental consent and in accordance with Riverside’s Terms.  We do not knowingly collect personal data from children and do not wish to do so. If we learn that (a) a person under the age of 13 is using the Services, or (b) a person between the ages of 13-18 uses the Services without parental consent, we will attempt to prohibit and block such use and will make our best efforts to promptly delete any personal data stored with us with regard to such child. If you believe that we might have any such data, please contact us by e-mail at [email protected].  
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Data Protection Officer: Riverside has appointed PrivacyTeam Ltd. as its Data Protection Officer (DPO), for monitoring and advising on Riverside’s ongoing privacy compliance and serving as a point of contact on privacy matters for data subjects and supervisory authorities. If you have any comments or questions regarding our Privacy Policy, if you have any concerns regarding your privacy, or if you wish to make a complaint about how your personal data is being processed by Riverside, you can contact our DPO at [email protected].
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EU Representative: Alexandre Bouaziz of DEEL IRELAND EOR LIMITED has been designated as Riverside’s representative in the European Union for data protection matters pursuant to Article 27 of the GDPR. Enquiries regarding our EU privacy practices may be sent via email to [email protected], or by mail to Clonminch Hi-Technology Park, Clonminch, Tullamore, Offaly, Ireland R35 A2Y4.

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UK Representative: Alexandre Bouaziz of LETS DEEL LIMITED has been designated as Riverside’s representative in the UK for data protection matters pursuant to Article 27 of the UK GDPR. Enquiries regarding our UK privacy practices may be sent via email to [email protected], or by mail to Prodware House, Waterfold Park Prodware UK Ltd, Bury, England, BL9 7BR.

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Contacting Us: If you have any comments or questions regarding our Privacy Policy, or if you have any concerns regarding your personal data held with us, please contact us via [email protected].

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