Terms and Conditions

Welcome to Mumbler!

Mumbler is a platform where listeners can subscribe to independent podcasts. This Privacy Policy applies to podcasters, listeners and all users of our platform, and is part of our Terms of Use.

Mumbler is a global company. By using our platform, you agree that personal information that you provide to us, or that we collect through your use of the platform, may be transferred to and stored in the UE and handled as described in this Policy.

Preamble

Mumbler, in compliance with the provisions of Spanish Law 34/2002 on Information Society Services and Electronic Commerce (hereinafter LISSEC), hereby notifies the User, prior to the rendering of services, of the procedures and obligations required for the execution of this agreement:

• The User undertakes to read the contents of these General Terms and Conditions and Privacy Policy (hereinafter the Conditions) carefully.
• The User undertakes to enter the personal details and any additional information required for the service to be provided.

Mumbler guarantees, by means of the contents of the conditions, to comply fully with applicable consumer protection legislation in order to protect the legitimate interests of users throughout the entire process of contracting the products, services, content and/or tools offered via the website.

Information You Provide Through Your Account

The information that you provide to us through text fields, such as your name, payment information and benefits. The information we collect differs depending on if you make an account, become a listener, or become a podcaster.

• First and Last Name
• Email address
• Username
• Password
• Country of Residence.

You may also sign up using a Facebook or Google account. We will ask permission to access basic information from your Facebook or Google account, such as your name, email, and profile picture. You can choose to stop sharing that information with us at any time by going to Facebook or Google to remove Mumbler’s access to that account and your ability to log in.

You also have the option to add more information to your public profile, such as a location, social media links, and an about section, which we store along with any comments or messages you submit on Mumbler.

Listeners

A listener is someone who joins Mumbler’s membership platform to pay for podcaster’s membership content. As a listener you must provide your payment information to our payment processors. You can see the privacy policy for these payment processors on the Stripe site. At this time, Mumbler does not receive your full card number. Payment processors provide us with a token that represents your account, your card’s expiration date, card type and the last four digits of your card number. If you are required to provide your name and email address to the payment processor, then they also provide us with that information.

We collect and process information about the podcasters you are subscribed to.

Podcasters

A podcaster is someone who creates and provides content for their listeners through Mumbler’s membership platform. To become a podcaster, you must create a page that describes your membership podcast. To receive payouts you have to create an account. We may also require your bank account information to process payouts. You must also provide us with additional information for tax purposes. Depending on your location you may have to fill out a form with some combination of your:

• First and Last Name
• Address
• Country of citizenship
• Foreign tax identification number
• Bank account information for payouts

Additional Information We Collect

Automatically Collected Information

We collect information automatically as you navigate the site or through our third party analytics providers. We may store usage information such as the type of device you use to access Mumbler, your operating system, browser type, IP address, and device ID, the pages you visit or request, links clicked, referring sites, user interactions and your search terms. We also derive your location from your self-disclosed country, your IP address, and from your payment card.

Blogs

We may collect and store your email address, your comments, and your profile information from our blog sites to better understand your interests and improve our services to you.

Information Collected by Third Parties

Cookies

We use Cookies on our website that collect information to allow us and third parties to understand your use of Mumbler. Please see our cookie policy for more information on our use of cookies on Mumbler.

How We Use Your Information

We process your information to:

• verify your identity to comply with international laws
• allow you to sign in to your account
• allow you to support a podcaster’s membership program on Mumbler
• process membership payments and payouts
• send you emails relevant to your usage, as controlled by your email preferences
• reply to your questions
• provide to you existing and enhanced services related to your Mumbler account
• spotlight and celebrate podcasters
• understand how you use the service, and create better tools for podcasters to serve listeners
• conduct research and development to improve Mumbler and develop future products
• prevent fraud and abuse on Mumbler
• provide you with reasonable accommodation, if you notify us of a disability

Information We Share with podcasters

By becoming a listener of a podcaster, you agree to have the following information shared with that podcaster:

• your name and email address, and other profile information you’ve provided
• any messages you send podcasters through Mumbler
• all information about your subscription, including amount and start date, but not your full payment card information
• some aggregated and anonymized data about how you use Mumbler that cannot be linked back to you or to any individual user

Information We Share with Third Parties

We never sell your information to third parties. We will only share data with third parties, other than with podcasters, under the following circumstances:

• with our service providers, who are companies that are contractually engaged with us to provide us with services, such as order fulfillment, email management, analyzing data trends, credit card processing, multi currency settlement solutions, increasing our brand awareness and user engagement with marketing initiatives, and fraud detection and prevention. These companies may have access to your data to perform their services, and are obligated by contract to safeguard any of your data they receive from us to the same extent that Mumbler protects it.
• to protect the security or integrity of Mumbler, and to protect the rights, property, or safety of Mumbler, its employees, users, or others, if we believe that disclosure is reasonably necessary to comply with a law, regulation, or other valid legal process (e.g., subpoenas or warrants served on Mumbler). If we are going to release your data, we will do our best to provide you promptly with notice by email, unless we are prohibited by law from doing so.
• in connection with the sale, merger, bankruptcy, sale of assets or reorganization of our company. We will notify you if a different company receives your data. The promises in this privacy policy apply to any data transferred to a new entity.

Information Mumbler Collects from Third Party Apps

When you create a Mumbler account, you can elect to connect your social account(s) (e.g. Twitter, Facebook, Google, YouTube, Twitch) with Mumbler, and we will collect and store some social information from those platforms, such as:

• follower or subscriber counts,
• post or upload counts,
• view, like, and comment counts.

This social information allows us to provide you a better Mumbler experience, and also helps guide future development of Mumbler. We use this data to:

• help podcasters and listeners find each other on Mumbler
• assess how to make podcasters more successful on Mumbler
• analyze and describe our business

Your Preferences and Rights over Data

Choosing Your Preferences

The Settings link is located by clicking on your avatar or profile at the top right hand of your screen, after your log into your Mumbler account. Settings lets you see your account preferences. You can see and adjust your settings by viewing your preferences and, if you wish, by changing your selections.

Marketing Activities

By agreeing to our terms of use, you expressly agree that Mumbler may:

• provide you with information about your service, service enhancements, or new Mumbler products, while you are on our web site or using our apps.
• send you messages regarding your existing service, or enhancements related to your existing service, when you are off our platform, via email, or via text, if you have signed up for a service or event notification that uses text messages.
• send you messages related to services we provide which are separate from your existing service via email, from which you may opt out.
• market Mumbler to you and audiences similar to you based on your networks and common factors that others have with you, unless you opt out
• send you marketing emails or texts if you don’t have a Mumbler account but have consented to receiving such messages, from which you may opt out.
• ask for demographic information to spotlight and celebrate podcasters
• promote your account for greater discoverability

Opting out of Marketing

You may object to the use of your data for marketing purposes at any time, free of charge, when we collect your personal information and in every marketing communication. You may also object to the use of your data for marketing upon creation of your account or anytime thereafter.

Opting out will stop marketing emails. Please allow up to 30 days for your opt-out request to be processed. If you have an account with Mumbler, you will continue to receive service-related emails, and texts, if you have opted into receiving texts. You will also continue to receive service-related shipments of benefits to the designated delivery address.

We will never sell your information to third parties for marketing purposes without your prior consent.

Accessing, Updating or Exporting the Information in Your Account

You can access and update certain information associated with your account on the settings pages. Additionally, you can delete your account, or export your personal information.

Deleting Your Account

You may self-initiate a deletion of your account. Please be aware that this is a final act and cannot be reversed. If you would like to transport your data, please be sure to download your data first, before you delete your account.

Turning off Email Notifications

You can change your email notifications in your email settings. While this allows you to stop many notification emails, we will still send some critical service emails.

Verification of Requests

Users maintain password protected accounts with Mumbler. If you submit a request to exercise your privacy rights, you will be asked to verify the request by logging into your Mumbler account.

If we are unable to verify your request, then for your protection, we reserve the right to deny the request.

Compliance with EU Privacy Laws and Privacy Shield

Mumbler is an international company that complies with the General Data Protection Regulation (GDPR). We act as Data Controllers, as defined under the GDPR, and process personal data based on our legitimate interests, and for contractual necessity in providing you the Service as described in "How We Use Your Information." We also process and share personal information based on notification and users’ consent, which our users may revoke at any time.

Exercising Your Data Rights

Users have rights under the General Data Protection Regulation (GDPR) regarding data that Mumbler controls as a Data Controller as defined under the GDPR, including:

• the right of access to their personal data;
• the right to correct or rectify any inaccurate personal data;
• the right to restrict or oppose the processing of personal data;
• the right to erase or delete their personal data;
• the right to personal data portability; and
• the right to opt-out of the sale of personal information.

You can exercise rights over your data on Mumbler in the following ways:

• accessing, reviewing, modifying, and updating your data by logging into your account at Mumbler and going to your account settings.
• opting out of marketing.
• going to FAQ support online.
• If you are unable to log into your account, and are unable to recover your account with a password reset in order to lodge your privacy request, then you may reach out to privacy@mumbler.com. We reserve the right to decline you access to or recovery of your account, at our discretion, to prevent an unauthorized takeover of your account.

Prohibition against Discrimination

We do not discriminate against users who exercise their privacy rights.

Our Data Retention Period

We retain your account information for ten years after your account is last active, unless you delete, or you request us to delete, your account. We may continue to retain some information, even after you delete your account if we are required to do so in order to comply with various laws.

Security

The security of your personal information is important to us and we follow industry standards to protect it.

Children

Mumbler is not directed at children under the age of 13, and children may not create an account or otherwise use Mumbler.

Changes

We may sometimes make changes to this policy. If we make material changes that adversely affect your rights under this policy, we will let you know by posting an announcement on the site or sending you an email in advance of the changes coming into effect. Continuing to use Mumbler after a change to this policy means you accept the new policy.

All about being a podcaster

A podcaster is someone who offers membership to listeners on Mumbler. There are a lot of details here involving payments, fees, taxes and restrictions that you should read in full if you are a podcaster.

Membership

To become a podcaster simply launch your page to start your membership. Memberships are for your most passionate listeners. You’re inviting them to be part of something exciting and listeners pay on a subscription basis.

Payments

As a podcaster, your membership is available on Mumbler, and we provide membership access to your listeners via subscription. We also handle payment-related issues such as fraud, chargebacks, and dispute resolution. Payment Schedule: - If you request payment or submit your invoice before the 15th of each month, you will receive the payment during the first week of the following month. - If the request or invoice is sent after the 15th, the payment will be made in the first week of the month after next (approximately 45 days later).

We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payments for violations of our policies or for compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we try to communicate the reason to you promptly. If you have questions about a payments block, please reach out to us. In order to protect podcasters, we may block listeners’ payments if we believe them to be fraudulent.

Sometimes activities like refunds can put your account balance into the negative. If your balance becomes negative then we reserve the right to recover those funds from future payments.

Fees

Mumbler takes a small commission from the payments made by your subscribers. The total commission we apply is 20% + €0.30 per transaction (for each payment you receive) on the free plan or 3% + €0.30 per transaction on paid plans. This commission covers everything:

• Payment costs: includes the payment gateway’s fee to charge subscribers, international card fees, collection reattempt charges, fees for changing a subscriber’s card when it expires, combating fraud…
• Mumbler’s comission: that we use to pay for the servers, improve the product, provide technical support, pay the team…

Tax

We collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any income or withholding taxes which may be due as a result of payments received.

We are additionally responsible for a number of transactional taxes across the world. These include but are not limited to VAT on payments for electronically supplied services to listeners in the EU, GST as an operator of an electronic distribution platform (EDP) within Australia, and state sales tax as a result of ‘marketplace laws’ within the United States. For the purpose of electronically-supplied services, podcasters make a supply of those services to us, and then we supply them to the listener.

In locales where Mumbler is required to collect transaction tax from listeners, pledges processed from listeners will reflect the tier or custom pledge amount plus the applicable tax. Applicable tax will not be taken from a pledge, but rather will be charged in addition to the pledge. Once settled, the tax amount will be automatically deducted for remittance to the applicable taxing authority.

As a podcaster on our site, it is your responsibility to provide accurate information when you are engaging with the sales tax weighting tool and, generally, when listing benefits transferred within your tiers.

Restrictions

We don’t allow content that violates our policies. Here you have a summary of our rules:

• Illegal content.
• Content that are abusive towards other people.
• Content that use others’ intellectual property, unless you have written permission to use it, or your use is protected by fair use.

If your listeners include people under the age of 18, then please remind them that they need permission to join your membership, and those under the age of 13 cannot use Mumbler. We are not required to allow any particular person or group of persons to be your listener.

As a podcaster you are also responsible for keeping listener data safe.

An account is tied to your creative output and cannot be sold or transferred for use by another podcaster.

All about being a listener

To become a listener simply create an account, add your payment details and join a podcaster’s membership!

The amount of each membership subscription depends on the podcaster you support. You can see the details as you join, as well as in the receipt sent to you after each successful payment. You can view all your active membership subscriptions and billing history on your "my Mumbler" page.

You may cancel your membership payments at any time. Terminating the tier support of membership will go into effect in the subsequent (not current) payment term.

Canceling your payment may result in your loss of access to a podcaster’s podcast.

These include when you cancel your membership subscription, your payment method fails, the podcaster blocks you, or the podcaster deletes their account. We are not required to allow you to be a listener of any particular podcaster.

Podcasters’ memberships vary and we have limited control over the quality and specific offerings. We attempt to screen for fraudulent podcaster pages, but cannot guarantee the identity of podcasters or the validity of any claims they make. We appreciate your help reporting suspicious podcaster pages so we can keep Mumbler safe.

If you are located in the jurisdiction in which Mumbler is required to charge and collect tax (e.g. VAT or, sales tax), then this tax is added to the total charge. Mumbler remits all tax collected to the applicable taxing authority. As tax is largely dependant on your location, you are responsible for keeping your address complete and up to date.

Depending on your location, some banks may charge you a foreign transaction fee for your membership subscription. Mumbler does not control this charge, but it is typically around 3% . Please contact your bank for more information.

Refunds. Our policy is No Refunds, though we will allow for some exceptions where refunds are granted in our sole discretion.

Mumbler’s role

We proactively look at some pages and posts on Mumbler to make sure podcasters follow our terms and conditions. We also investigate reports of potential violations. These investigations may take a while to resolve and may include looking at what is supported by funds received through Mumbler.

In most situations we will work with podcasters to resolve any potential violations and allow the podcaster to continue using Mumbler. Terminating accounts is not an action we take lightly and is done in only the most extreme cases.

Please let us know if you see potential violations of our Terms and conditions.

As a global company based in Spain with operations in other countries, we must comply with economic sanctions and trade restrictions.

We are constantly testing out new features with the goal of making Mumbler better. We may add or remove features, and often test features with a random subset of our community. If we believe a feature is significantly different from these terms, then we explain those differences in the test.

With your permission, we may give other websites or services the ability to verify information about your Mumbler account or perform actions on your behalf. This permission is asked for when you connect your Mumbler account to these other websites or services. You can learn more in our Privacy Policy.

Account deletion

You can permanently delete your account at any time.

We can terminate or suspend your account at any time at our discretion. We can also cancel any membership subscriptions and remove any descriptions, posts or benefits at our discretion.

You may not bring a claim against us for suspending or terminating another person’s account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys fees and costs.

These terms remain in effect even if you no longer have an account.

Your creations

By posting creations on Mumbler you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your creation. The purpose of this license is strictly limited to allow us to provide and promote memberships to your listeners. We will never try to steal your creations or use them in an exploitative way.

You may not post creations that infringe others’ intellectual property or proprietary rights.

listeners may not use creations posted by podcasters in any way not authorized by the podcaster.

Mumbler’s creations

Our creations are protected by copyright, trademark and trade secret laws. Some examples of our creations are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your Mumbler page.

You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our creations unless we give you permission in writing. Please ask if you have any questions.

Indemnity

You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of Mumbler. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense.

Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

Warranty disclaimer

We do our best to make sure Mumbler works as expected, but stuff happens.

Mumbler is provided "as is" and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law.

The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third party service providers.

Limit of liability

To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of Mumbler. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Mumbler. We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements.

For this clause "we" and "our" is defined to include our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

Dispute resolution

To summarize: If you have a problem please talk to us, but you are limited in how you can resolve disputes. You waive your right to trial by jury and your right to participate in a class action proceeding.

We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or related to your use of Mumbler, and it cannot be resolved after you talk with us, then it must be resolved by arbitration.

This clause does not limit either party’s ability to file an action in a court with jurisdiction to seek injunctive or other equitable relief for disputes relating to intellectual property, proprietary data or to enforce this dispute resolution clause, including your agreement not to assert claims related to the suspension or termination of another person’s account. In any such action, the court rather than an arbitrator must decide whether such a claim is arbitrable and must decide whether the party is entitled to the requested injunctive or other equitable relief.

Governing law

Spanish law, excluding its conflict of law provisions, governs these terms and all other Mumbler policies. If a lawsuit does arise, both parties consent to the exclusive jurisdiction and venue of the courts located in Madrid, Spain.

Everything else

These terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.

We may sometimes make changes to these terms and policies. If we make material changes that adversely affect your rights, then we will let you know before the changes come into effect. Continuing to use Mumbler after a change means you accept the new terms or policies.

If you use accessibility tools and have questions or concerns, please contact us.

Cookie Policy

A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. This small text file enables a site to remember your actions and preferences for a specified period of time, so you don’t have to re-enter your login or settings information each time you visit a new page on our site.

Use on Mumbler

Cookies are not used to identify you personally and are not used for any purpose other than those described here.

Security / Authentication:

Some cookie and similar technology functions are necessary and vital to ensuring that

Mumbler works properly for visitors and members, such as maintaining the security, safety, and integrity on Mumbler, authentication and logging in (including remembering permissions and consents you have granted), and ensuring the ability to securely complete transactions.

Performance / Analytics and Research:

Some technologies help provide performance data on how Mumbler is functioning in order to make improvements to the platform. Data collected on site and app functionality and speed, how Mumbler is used and detecting and gathering reporting on bugs helps improve Mumbler and the services we offer.

Preferences / Localization:

Cookies enable your personalized views and settings. Some cookies help us provide localized experiences — for example, by making sure you see Mumbler in your preferred language.

Social Networks / Marketing:

Some technologies help you to interact with social networks you are signed into while using Mumbler, such as logging in with the social network and other features you employ with the social network, or that are allowed in the social network’s privacy policy. These may be set and controlled by the social networks, and your preferences with those social networks.

"Do-not-track" technologies

We do not respond to web browser "Do-Not-Track" signals.

How to manage cookies

You can control the use of cookies at the individual browser level. If you reject or delete cookies, our Services may no longer function as intended. Each browser provides different mechanisms for managing cookies. Look at your browser’s help menu to determine the best way to modify your browser’s cookie storage.

Changes to Cookie Policy

We periodically update this Cookie Policy to account for changed legal and operational circumstances, to describe new cookies and tracking technologies, and to describe how those changes affect our use of your information. If we are going to use information in a manner that is materially different from that stated at the time of collection or make any material changes in our privacy practices, we will notify you. We will post those changes through a prominent notice on our website.

This policy is part of Mumbler’s Terms of Use and Privacy Policy. For more information, contact Mumbler.