Last Updated: March 18, 2026
Privacy regulation around the world is dynamic. Podbean may update these requirements to stay current with changes in privacy laws and industry best practices.
Podcasters, advertisers and other Podbean partners (collectively, “Partners”) must post end user-facing privacy notices in a clear and conspicuous manner, including by linking from their homepages and from any location where personal data is collected or used.
Such privacy notices must adhere to applicable laws, as well as applicable industry self-regulatory requirements and industry best practices and must include User Notice. “User Notice” means (i) a description of the collection and use of data from and about users for advertising purposes by third parties; and (ii) access to an opt in or opt out choice with respect to such data collection for the uses contemplated herein, including with respect to cookies and similar technologies as is required by law or otherwise in accordance with industry self-regulatory principles. Partner will ensure that all User Notices accurately describe data collection and use and, at a minimum, include the information required and meet the standards for notice to users required by applicable law and self-regulatory principles.
Where Partner utilizes Podbean’s artificial intelligence or machine learning features (“AI Features”), including but not limited to AI Audio Optimization, AI-Generated Metadata, AI Script Generation, and AI Text-to-Audio Conversion, Partner’s privacy notices must additionally disclose: (a) the categories of personal data or user content processed by AI Features; (b) the purposes for which AI Features are used; (c) that data may be processed by third-party AI service providers on behalf of Podbean; and (d) any automated decision-making or profiling that may affect users, as required by applicable law (including Article 13(2)(f) and Article 22 of the GDPR, or equivalent provisions under applicable law).
Where an opt in or consent is required prior to setting cookies or collecting data, Partners are solely responsible for obtaining such opt in or consent prior to any data collection or use of the Podbean services.
Partners are additionally responsible for obtaining any consent or providing any notice required under applicable law before enabling AI Features that process end user personal data or content, including content containing voice recordings, audio likenesses, or other biometric identifiers. Where applicable law (such as the Illinois Biometric Information Privacy Act, the Texas Capture or Use of Biometric Identifier Act, or equivalent laws) requires informed consent before the collection, use, or processing of biometric data, Partner shall obtain such consent prior to enabling any AI Feature that processes voice data, audio characteristics, or similar biometric identifiers. Partner shall maintain records of such consents and make them available to Podbean upon reasonable request.
Without limiting Partner’s obligations under applicable law, Partner shall not provide to Podbean or cause Podbean to process: (a) any information regarding an individual user’s specific health condition or any information or inference regarding health that would be considered sensitive under self-regulatory principles; (b) any information associated with a persistent identifier that is (i) from or about individuals Partner knows or should know is directed to children (children being individuals less than the greater of 13 years of age or the age defined by law in any applicable jurisdiction), or (ii) any information from sources that Partner knows or should know are directed to children; or (c) any other information that would be considered sensitive, special, or similar under applicable local law or local self-regulatory principles. Sensitive or special category data includes data defined under Article 9 of the GDPR, Section 1798.140 of the CCPA (as amended by the CPRA), or any equivalent term under applicable law.
Without limiting the foregoing, Partner shall not input into or cause Podbean’s AI Features to process: (a) sensitive personal data (as defined under applicable law) without obtaining all required consents and providing all required notices; (b) content from or about children for AI processing, including AI Audio Optimization or AI Text-to-Audio features; (c) personal data for the purpose of training, fine-tuning, or improving any AI model or system outside of Podbean’s authorized AI Features; or (d) any data that, when processed by AI Features, would result in inferences that constitute sensitive personal information under applicable law (such as health inferences, political opinions, religious beliefs, or sexual orientation).
AI Sub-Processor and Third-Party AI Provider Transparency
Partner acknowledges that Podbean’s AI Features may utilize third-party AI service providers (“AI Sub-Processors”) to process data. These AI Sub-Processors may include, but are not limited to, providers of large language models, speech synthesis engines, audio processing services, and natural language processing services. Podbean will maintain an up-to-date list of AI Sub-Processors, which Partners may request at any time. Partner’s privacy notices must accurately reflect the involvement of AI Sub-Processors in data processing where required by applicable law.
Partner shall ensure that any transfers of personal data to AI Sub-Processors, including cross-border transfers, comply with applicable data protection laws. Where AI Sub-Processors are located outside the jurisdiction in which data was collected, Partner is responsible for ensuring that appropriate transfer mechanisms (such as standard contractual clauses, adequacy decisions, or other lawful transfer mechanisms) are in place. Partner shall cooperate with Podbean in completing any data protection impact assessments (“DPIAs”) that Podbean reasonably determines are necessary in connection with AI Features that process personal data.
AI Data Retention and Deletion
Partner acknowledges that data processed through AI Features may be temporarily retained in AI processing systems for the purpose of generating outputs. Podbean will ensure that personal data processed through AI Features is not retained by AI Sub-Processors beyond the period necessary to fulfill the processing purpose, unless otherwise required by law. Upon receiving a valid data subject request for deletion or erasure, Partner shall promptly notify Podbean so that Podbean can take reasonable steps to delete or de-identify the relevant data from AI processing systems, to the extent technically feasible.
AI-Specific Security Requirements
Partner shall implement appropriate technical and organizational measures to protect personal data processed through AI Features, including: (a) access controls limiting the use of AI Features to authorized personnel; (b) monitoring for unauthorized or anomalous use of AI Features that may indicate a data breach or misuse; (c) ensuring that AI-generated outputs containing personal data are stored and transmitted with appropriate safeguards; and (d) promptly notifying Podbean of any actual or suspected security incident involving data processed through AI Features.
Partner will at its own expense promptly give such co-operation as Podbean may reasonably request from time to time in relation to Podbean’s and Partners’ compliance with applicable data protection and privacy laws. Partner will promptly notify Podbean in writing of any actual or suspected subject access request or regulatory investigation/enquiry in relation to data provided to Podbean and where legally permissible will allow Podbean such opportunity as is reasonable in all the circumstances to comment on any proposed action in response before such action is taken. Partner acknowledges that data may be processed in jurisdictions other than the jurisdiction in which it was collected, including in the United States, and will ensure that all such transfers are compliant with applicable privacy laws. If any applicable privacy law requires that additional measures be taken to permit the transfer of data to Podbean, Partner will ensure that all such additional measures have been taken, including by executing any necessary data transfer agreements (e.g., standard contractual clauses) or alternative solutions to ensure that appropriate safeguards are in place for such transfer.
Partner’s cooperation obligations extend to AI-related data processing inquiries, including requests from data protection authorities regarding the use of AI Features, data subject requests concerning AI-processed personal data, and any investigations into automated decision-making practices. Partner shall cooperate with Podbean in responding to any regulatory inquiry or investigation concerning the privacy implications of AI Features within the timeframes required by applicable law.
If there is any conflict between these privacy requirements and Partner’s agreement with Podbean, the more stringent requirements shall govern.
Partner acknowledges that the regulatory landscape governing artificial intelligence is rapidly evolving. Partner shall monitor and comply with all applicable AI-specific regulations, including but not limited to the EU Artificial Intelligence Act, state-level AI laws in the United States, and any other jurisdiction-specific requirements governing the use of AI in processing personal data. Podbean reserves the right to update these requirements at any time to reflect changes in AI-related regulations, and Partners agree to comply with such updated requirements upon notice from Podbean.