PANCAST PARTNERSHIP DATA POLICY

Dated: May 2021

Pancast understands the importance of data transparency and quality. This Policy has been developed to support the Broadcaster (referred to as the Publisher in this policy) who has entered into an Agreement with Pancast and Pancast in meeting these principles, as well as the principle of personal data minimization (noting that the Data Entities do not currently Process Personal Data of Viewers).

Capitalised terms used in this Policy are defined in paragraph 7 of this Policy, and will otherwise have the meaning given to them in the Agreement.

  1. Transparency between the Publisher and Pancast: Data Flows

1.1          The Publisher acknowledges that it understands that the following flows of Data will occur by virtue of the Agreement:

(a)           Data will flow from a Viewer to Pancast when the Viewer uses the Digital Video Streaming Service (Source Data).

(b)           Pancast will analyse this Source Data to create insights. As part of this process, Pancast may combine the Source Data with other Data (including Video Information) that Pancast receives from the Publisher, the SSP Partner, and Third Party Service Providers. Pancast may engage its parent company, Pancast Australia, to conduct the analysis of all or some of the Source Data to create insights. For this purpose:

(i)             Pancast will disclose some or all of the Source Data, and other Data (including Video Information) that Pancast receives from the Publisher, the SSP Partner and Third Party Service Providers] to Pancast Australia;

(ii)            Pancast Australia will analyse the Source Data, and other Data (including Video Information) that Pancast receives from the Publisher, the SSP Partner and Third Party Service Providers to create insights; and

(iii)           Pancast Australia will disclose the insights to Pancast.

(c)           Pancast will or may then provide:

(i)             the Source Data and insights to the Publisher; and

(ii)            aggregated insights to Advertisers. It is Pancast’s understanding that the aggregated insights Pancast provides to Advertisers will not include any Data that the Advertiser can use to connect an insight to a particular Viewer.

1.2          Pancast stores all Data (including the Source Data and insights created from it) in Singapore or Indonesia, or in such other location as Pancast may elect at its discretion. Pancast Australia remotely accesses the Data held by Pancast in Singapore or Indonesia, or in such other various location as Pancast may elect at its discretion, but it may also store some data in Australia.

1.3          The specific types of Data that Pancast (and Pancast Australia) will need to Process, and the purpose for such Processing, depends on factors including but not limited to the Services that Pancast is providing to the Publisher, the requirements of the Advertisers, and the need to develop and improve the Services, and potential services, which Pancast may provide in the future.

1.4          The Data Flows described in this paragraph 1 do not involve the Data Entities Processing any Personal Data of Viewers. If this changes in the future, to the extent Pancast Processes any Personal Data of Viewers, it is Pancast’s view that it is the Processor, and the Publisher is the Controller, in relation to that Processing, with the exception of the Data Flow set out in paragraph 1.1(c)(ii).

  1. Transparency with Viewers:  Notice

2.1          The Publisher must provide Viewers with a notice that describes the Data Flows as soon as reasonably practical from the date of the Agreement.

2.2          For the purposes of paragraph 2.1, the Publisher may use the example text in Annexure A.

  1. Data Quality

3.1          If either Party reasonably believes the Data that the Party has provided to, or received from, the other Party is inaccurate, out-of-date, incomplete, or otherwise contains errors, the Party having such belief must promptly notify the other Party.

  1. Data minimization: Children

4.1          The Publisher must provide Pancast with reasonable assistance in relation to any steps it takes to avoid collecting Data about individuals aged under 16 years, and notify Pancast as soon as reasonably practical if an individual is aged under 16 years.

  1. Working together to achieve Personal Data minimization and respond to Data related events

5.1          If either Party has reason to believe that any of the following events are occurring, or have occurred, they must promptly notify the other Party:

(a)           a Party has breached its obligations under this Policy;

(b)           a Data Entity is Processing Personal Data of Viewers in connection with the Data Flows;

(c)           either Party has breached the Privacy Laws in relation to the Data Flows;

(d)           either Party has received any complaint about the Processing of any Data as described in the Data Flows;

(e)           any attempt by an individual to exercise any rights they have under any Privacy Law in respect of the Data Flows; or

(f)            any investigation by a Regulator in connection with the Data Flows.

With respect to Pancast, these obligations apply to the extent the event affects the Publisher, or Data collected or used by virtue of the Agreement.

5.2          If any of the events in paragraph 5.1 occur, or either Party has reason to believe that any of those events are occurring or have occurred:

(a)           the Parties must endeavor to work together to:

(i)             respond to the event (including determining which Party or Parties should respond); and

(ii)            make any necessary changes to the Data Flows and this Policy in response to the event or to prevent similar events in the future;

(b)           the Publisher must comply with all reasonable directions given by Pancast in relation to the event, including the prevention of similar events in the future through changes to this Policy or otherwise;

(c)           in respect of the event described in paragraph 5.1(b) above, the Parties must take the steps:

(i) the parties will use their best endeavours to negotiate amendments to this Data Policy to ensure the Broadcaster and the Data Entities are able to comply with their obligations under the Privacy Laws;

(ii) the amendments to the Data Policy referred to in clause 5.2(c)(i) must include a description of any notices that must be provided to, and any consents that must be obtained from, Viewers;

(iii) unless agreed otherwise with Pancast, the Publisher will be responsible for providing any necessary notices, and obtaining any necessary consents, referred to in clause 5.2(c)(ii); and

(iv) if the Publisher does not agree to an amendment to the Data Policy which Pancast believes, in its sole discretion, is necessary for a Data Entity to comply with the Privacy Laws, Pancast may terminate this Agreement on 30 days’ notice to the Publisher; and

(d)           if the event concerns Data about Viewers held by Pancast Australia, Pancast must take reasonable steps to ensure that Pancast Australia assists the Parties to comply with this paragraph 5.2.

  1. Changes to this Policy

6.1          Pancast may change this Policy from time to time if:

(a)           the Data Flows change;

(b)           the data or information comprising the Data changes;

(c)           either Pancast or the Publisher change the location in which they Process the Data;

(d)           either Pancast or the Publisher identify new countries in which the Viewers may be located; or

(e)           Pancast believes a change to this Policy is necessary for compliance with the Privacy Laws (including any changes to the Privacy Laws) by the Publisher or a Data Entity.

6.2          Pancast will provide the Publisher with written notice of any changes to this Policy. The Publisher must comply with the amended Policy within 30 days of receiving such written notice, or such other time period as agreed with Pancast, or notified by Pancast, in writing.

  1. Definitions

7.1          Capitalised terms used in this Policy and not defined in this paragraph 7 have the meaning given in the Agreement.

7.2          In this Policy the following definitions apply:

(a)           Agreement means the Pancast Partnership Agreement between Pancast and the Publisher;

(b)           Controller means the entity which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data;

(c)           Data means the data or information that will flow between Viewers, Pancast, Pancast Australia, the Publisher, Advertisers, the SSP Partner and Third Party Service Providers, as described in the Data Flows, including the insights and Video Information referred to in the Data Flows;

(d)           Data Flows means the flows of Data as described in paragraph 1 of this Policy;

(e)           Processor means an entity which Processes Personal Data on behalf of the Controller;

(f)            Regulator means any supervisory authority, agency, body or other third party with regulatory powers with respect to the Privacy Laws;

(g)           Source Data has the meaning given in paragraph 1.1(a) of this Policy;

(h)           Video ID means a unique identifier associated with particular Content;

(i)             Video Information means information or data that a Publisher or a Third Party Service Provider provides to Pancast about a particular Video ID in response to a request from Pancast for information or data about that Video ID. This Video ID information or data may include, without limitation, title, description, length, genre and category.

 

 Annexure A – Notice

We want you to get the most out of our streaming service by recommending or showing you content, and advertisements we think may interest you. For this purpose, our trusted service provider, Pancast Pte. Ltd., and its related entity, Pancast Australia Pty Ltd, (together, Pancast) collects and uses data about your use of our streaming service. Pancast may combine this with other data it collects from us and third parties including providers of content and advertising data. Pancast cannot determine your identity from this data, but we will let you know if this changes. Pancast discloses the data, as well as insights from the data, to us so we can tailor your streaming experience. Pancast may also disclose aggregated insights to advertisers for the purpose of the advertisers determining which advertisements to present you on our streaming service.