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MONETIZE YOUR CREATIVE TALENT SAFELY

Privacy Policy

© 2018 LivePod Ltd. | All rights reserved

30 October 2018

Monetize Your Creative Talent Safely - LivePod Privacy Policy

www.livepod.tv | [email protected] 2

LivePod Privacy Policy

LIVEPOD Ltd. (“LIVEPOD”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our website, located at http://livepod.tv (“Site”) and our online services (“Services”). This Privacy Policy also assists those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. Please read our Privacy Policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website and applicable laws.

LIVEPOD Ltd. (“LIVEPOD”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our website, located at http://livepod.tv (“Site”) and our online services (“Services”). This Privacy Policy also assists those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. Please read our Privacy Policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website and applicable laws.

The data collection practices of LivePod will always comply with applicable EU and Maltese laws, including but not limited to GDPR and the Maltese Data Protection Act, 2018.• http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lp&itemid=29097&l=1• https://idpc.org.mt/en/Legislation/GDPR.pdf

LivePod continually respects the principle of data minimisation and will seek to psedunomise personal data wherever feasible.

The data collection of LivePod is lawful since:• the data subject has given consent to the processing of his or her personal data for

one or more specific purposes including the purchase of the LivePod ICO Token; • processing is necessary for the performance of a contract to which the data

subject is party or in order to take steps at the request of the data subject prior to entering into a contract;

• processing is necessary for compliance with a legal obligation to which the controller is subject including but not limited to anti-money-laundering and know your-client laws and regulations;

• processing is necessary in order to protect the vital interests of the data subject or of another natural person.

Legitimacy and Lawfulness of Processing

http://www.justiceservices.gov.mt/DownloadDocument.aspx%3Fapp%3Dlp%26itemid%3D29097%26l%3D1

https://idpc.org.mt/en/Legislation/GDPR.pdf



Data Controller and Owner: LivePod Ltd. Country of incorporation: Malta Company registration number: C 88745 Company address: 36. St. Dminka street Gozo, Malta Owner contact email: [email protected] OpenCorporates URL: https://opencorporates.com/companies/mt/C88745Types of Data collected: Among the types of Personal Data we may collect, directly or through third parties, are: Cookies, Usage Data and email address. Complete details on each type of Personal Data collected are provided in the dedicated sections of this Privacy Policy or by specific explanation texts displayed prior to the Data collection. The Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using the LivePod Platform. All Data requested by the LivePod Platform is mandatory and failure to provide this Data may make it impossible for the LivePod Platform to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without any consequences on the availability or the functioning of the service. Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner. Any use of Cookies – or of other tracking tools – by the LivePod Platform or by the owners of third party services used by the LivePod Platform serves the purpose of providing the service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available. Users are responsible for any third party Personal Data obtained, published or shared through the LivePod Platform and confirm that they have the third party’s consent to provide the Data to the Owner.

The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data. The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time. Place: The Data is processed at the Data Controller’s operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller. Retention time: The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data. Use of the collected Data: The Data concerning the User is collected to allow the Owner to provide its services, as well as for the following purposes: Analytics,

Methods of Processing

mailto:support%40livepod.tv

https://opencorporates.com/companies/mt/C88745



managing contacts and sending messages, remarketing and behavioral targeting and SPAM protection, Know Your Customer and Anti Money Laundering regulations. The Personal Data used for each purpose is outlined in the specific sections of this document. We collect personally identifiable information including your name, email, address, telephone, fax and mobile numbers, device information, IP address, geographical information and any other information that you provide us through forms or data collection pages within the Platform including the form filled while registering the Account. Information is also collected automatically through your continued regular usage of Tokens and the Website. The information collected as mentioned in this clause is retained in our server and/or the backup server and we cannot entertain requests for deletion of such information without restricting your access to services and blocking you from the Website and the LIVEPOD ecosystem. Request for deletion may be made through the contact details and/or form provided on the Website. Cookie Policy: Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Platform. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.

Legal action: The User’s Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of the LivePod Platform or the related services. The User declares to be aware that the Data Controller may be required to reveal personal data upon request of public authorities.

In addition to the information contained in this Privacy Policy, the LivePod Platform may provide the User with additional and contextual information concerning particular services or the collection and processing of Personal Data upon request.

For operation and maintenance purposes, the LivePod Platform and any third party services may collect files that record interaction with the LivePod Platform (System logs) or use for this purpose other Personal Data (such as IP Address).

Additional information about Data collection and processing

System Logs and Maintenance

Additional Information about User’s Personal Data



We collect additional information to comply with regulatory guidelines and to comply with anti money laundering (AML) or “know-your-customer” (KYC) policies.

We may require You to provide additional information with documentary proof including, and namely:•Dateofbirth;•Address;•Citizenship;•TelephoneNumber;•Passport,driverlicenseorotherGovernmentissuedidentificationdocumentdetails;

The information and documents may be sought in printed form or through email or online submission or any other mode as deemed fit by the Data Controller.

More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document.

The rights of Users: Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.

You as data subject have rights well defined in laws and regulations that apply to LivePod.Your rights specifically include:

A. The Right to obtaining a copy of one’s personal data B. Having inaccuracies in one’s personal data corrected C. The Right to be forgotten through the erasure of one’s data D. The Right to Object to direct marketing E. The Right to Restrict processing F. The Right of Portability G. The Right to Withdraw one’s consent to have their personal data processed H. The Right to Object to further processing of one’s personal data I. The Right to Lodge a complaint with the Data Supervisory Authority

A. The Right to obtaining a copy of one’s personal dataThe data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:

KYC and AML Data

Information Not Contained in this Policy



1. the purposes of the processing;2. the categories of personal data concerned;3. the recipients or categories of recipient to whom the personal data have been

or will be disclosed, in particular recipients in third countries or international organisations;

4. where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

5. the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;

6. the right to lodge a complaint with a supervisory authority;7. where the personal data are not collected from the data subject, any available

information as to their source;8. the existence of automated decision-making, including profiling, as well as the

significance and the envisaged consequences of such processing for the data subject. Note that LivePod does not profile users.

LivePod will provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs.Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.

The right to obtain a copy referred to above shall not adversely affect the rights and freedoms of others.

The request shall be submitted electronically in writing tothe controller to [email protected].

B. Having inaccuracies in one’s personal data corrected, the right to rectificationThe data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.The rectification request shall be submitted electronically in writing tothe controller to [email protected].

C. The Right to be forgotten through the erasure of one’s data,the right to erasure 1. The data subject shall have the right to obtain from the controller the erasure of

personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:•thepersonaldataarenolongernecessaryinrelationtothepurposesforwhichthey were collected or otherwise processed;•thedatasubjectwithdrawsconsentonwhichtheprocessingisbasedandwherethere is no other legal ground for the processing;•thedatasubjectobjectstotheprocessingandtherearenooverridinglegitimategrounds for the processing, or the data subject objects to the processing;

mailto:support%40livepod.tv?subject=





•thepersonaldatahavebeenunlawfullyprocessed;•thepersonaldatahavetobeerasedforcompliancewithalegalobligationinEUor Maltese law;• thepersonaldatahavebeencollected in relation to theofferof informationsociety services.

2. Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

3. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary: •forexercisingtherightoffreedomofexpressionandinformation;•forcompliancewithalegalobligationwhichrequiresprocessingbyEUorMalteselaw to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;•forreasonsofpublicinterestintheareaofpublichealth;• for archiving purposes in the public interest, scientific or historical researchpurposes or statistical purposes in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or•fortheestablishment,exerciseordefenceoflegalclaims.The request for erasure shall be submitted electronically in writing tothe controller to [email protected].

D. The Right to Object to direct marketing1. The data subject shall have the right to object, on grounds relating to his or her

particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) of GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

Automated individual decision-making, including profiling

LivePod is not engaged in any automated individual decision-making or profiling.The objection shall be submitted electronically in writing tothe controller to [email protected].

E. The Right To Restrict processing1. The data subject shall have the right to obtain from the controller restriction of

processing where one of the following applies: •theaccuracyofthepersonaldataiscontestedbythedatasubject,foraperiodenabling the controller to verify the accuracy of the personal data;• the processing is unlawful and the data subject opposes the erasure of thepersonal data and requests the restriction of their use instead;






• the controller no longer needs the personal data for the purposes of theprocessing, but they are required by the data subject for the establishment, exercise or defence of legal claims;•thedatasubjecthasobjectedtoprocessingpendingtheverificationwhetherthelegitimate grounds of the controller override those of the data subject.

2. Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of European Union or Malta.

3. A data subject who has obtained restriction of processing shall be informed by the controller before the restriction of processing is lifted.

F. The Right of Data Portability1. The data subject shall have the right to receive the personal data concerning him

or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where: •theprocessingisbasedonconsentoronacontract;and•theprocessingiscarriedoutbyautomatedmeans.

2. In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.

3. The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.

G. The Right to Withdraw one’s consent to have their personal data processedThe data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. The withdrawal shall be submitted electronically in writing tothe controller to [email protected].

H. The Right to Object to further processing of one’s personal dataThe data subject shall have the right to object to further processing of one’s personal data. The objection shall be submitted electronically in writing tothe controller to [email protected].

I. The Right to Lodge a Complaint with the Data Supervisory AuthorityThe data subject has the right to lodge a complaint with the supervisory authority if he/she believes any noncompliance with the law has occurred. The complaint may be filed with:







Office of the Information and Data Protection Commissioner Level 2, Airways HouseHigh Street, Sliema SLM 1549, Malta+356 2328 [email protected] can also lodge your complaint electronically:https://idpc.org.mt/en/Pages/contact/complaints.aspx

LivePod will take appropriate measures to provide any information and make any communication relating to processing to the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language. The information will be provided in writing by electronic means.

LivePod will provide information on action taken on a request to the data subject without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. The controller shall inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the delay. Where the data subject makes the request by electronic form means, the information shall be provided by electronic means where possible, unless otherwise requested by the data subject.

Information and any communication and any actions taken shall be provided free of charge.Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character, the controller may either: 1. charge a reasonable fee taking into account the administrative costs of providing

the information or communication or taking the action requested; or2. refuse to act on the request

Notification obligation regarding rectification or erasure of personal data or restriction of processingThe controller shall communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The controller shall inform the data subject about those recipients if the data subject requests it.

Information to be provided where personal data are collected from the data subject1. Where personal data relating to a data subject are collected from the data subject,

the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: •theidentityandthecontactdetailsofthecontrollerand,whereapplicable,ofthe controller’s representative;•thecontactdetailsofthedataprotectionofficer,whereapplicable;•thepurposesoftheprocessingforwhichthepersonaldataareintendedaswellas the legal basis for the processing;•therecipientsorcategoriesofrecipientsofthepersonaldata,ifany.

mailto:idpc.info%40idpc.org.mt?subject=

http://www.dataprotection.gov.mt/

https://idpc.org.mt/en/Pages/contact/complaints.aspx



2. In addition to the information referred to in paragraph 1, the controller shall, at the time when personal data are obtained, provide the data subject with the following further information necessary to ensure fair and transparent processing: •theperiodforwhichthepersonaldatawillbestored,orifthatisnotpossible,the criteria used to determine that period;•theexistenceoftherighttorequestfromthecontrolleraccesstoandrectificationor erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability;•therighttolodgeacomplaintwithasupervisoryauthority;•whethertheprovisionofpersonaldataisastatutoryorcontractualrequirement,or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data;• the existence of automateddecision-making, including profiling. Please notethat LivePod makes no profiling.

3. Where the controller intends to further process the personal data for a purpose other than that for which the personal data were collected, the controller shall provide the data subject prior to that further processing with information on that other purpose and with any relevant further information.

4. Paragraphs 1, 2 and 3 shall not apply where and insofar as the data subject already has the information.

The LivePod Platform does not support “Do Not Track” requests. To determine whether any of the third party services it uses honor the “Do Not Track” requests, please read their privacy policies.

The Data Controller reserves the right to make changes to this Privacy Policy at any time by giving notice to its Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If a User objects to any of the changes to the Policy, the User must cease using the LivePod Platform and can request that the Data Controller remove the Personal Data to the extent permitted by regulatory requirements. Unless stated otherwise, the then-current Privacy Policy applies to all Personal Data the Data Controller has about Users.

The Data Controller is responsible for this privacy policy, prepared starting from the modules provided by Tarhely.eu and hosted on Tarhely.eu’s servers.

Information about this privacy policy

Changes to this privacy policy



We do not intentionally gather Personal Data from visitors who are under the age of 18. If a child under 18 submits Personal Data to LIVEPOD and we learn that the Personal Data is the information of a child under 18, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 18, please contact us at [email protected]. Personal Data (or Data): Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number. Usage Data: Information collected automatically from the LivePod Platform (or third party services employed in the LivePod Platform), which can include: the IP addresses or domain names of the computers utilized by the Users who use the LivePod Platform, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Platform) and the details about the path followed within the Platform with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.User: The individual using the LivePod Platform, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refers. Data Subject: The legal or natural person to whom the Personal Data refers. Data Processor (or Data Supervisor): The natural person, legal person, public administration or any other body, association or organization authorized by the Data Controller to process the Personal Data in compliance with this privacy policy. Data Controller (or Owner): The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of the LivePod Platform. The Data Controller, unless otherwise specified, is the Owner of the LivePod Platform. The LivePod Platform: The hardware or software tool by which the Personal Data of the User is collected. Cookies: Small piece of data stored in the User’s device. Legal information Notice to European Users: This privacy statement has been prepared in fulfillment of the obligations General Data Protection Regulation (EU) 2016/679, and under the provisions of Directive 2002/58/EC, as revised by Directive 2009/136/EC, on the subject of Cookies.

A Note About Children


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