1. Introduction
This policy explains when, why and how we collect personal information from the people who visit our website, sign up or purchase any of our services or request or contact us in any other manner. The policy also details the conditions under which we may disclose the information to others and how we keep it secure.
While we encourage clients to read our privacy policy in full, we do have a number of guiding principles we operate our company by:
- We will never sell your data on.
- We will never share your data for marketing to by any third parties.
- We will always keep your personal data secure using strong encryption, abiding by data protection rules and by implementing good security practice.
- We will never send you direct email marketing without your consent, our newsletter requires you to explicitly opt-in, you can opt-out at any time using the unsubscribe link contained within the email or through your client area under you profile.
If you are ever concerned or have question about how your personal data is collected or used, please contact us at [email protected].
You can read our full privacy policy below.
2. About us
NuCast is part of the NuWeb Solutions group which is operated by Atlantis NuWeb Limited and is registered at the following address:
18 Lowgate Crescent,
Gedney Dyke,
Spalding,
Lincolnshire,
PE12 0AP,
United Kingdom
Company number: 11180762
This policy (together with our terms of use Terms and Conditions and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 2018 (the Act) and GDPR (General Data Protection Regulation), the data controller is Atlantis NuWeb Limited, a company registered in England and Wales under company number 11180762 and with Our registered office at 18 Lowgate Crescent, Gedney Dyke, Spalding, Lincolnshire, PE12 0AP, United Kingdom.
Our nominated representative for the purpose of the Act is Mr. Juan Arroyo.
3. When do we collect your personal data
We may collect data about you in the following ways:
- By filling in forms on any of our websites, this includes information provided at the time of registering to use our websites, subscribing to any of our services, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by us or if you report a problem with our site.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of transactions you carry out through our site and of the fulfilment of your orders.
- Visiting our sites, including, but not limited to, traffic data, location data and other communication data required for our own security, diagnostic, authentication and billing.
4. What personal data do we collect
If you are simply viewing our website then we will collect the following information within our logs:
- IP Address (See cookies and IP addresses)
If you sign up to use our services we will then collect the following information:
- Name
- Address
- Email Address(s)
- Telephone number(s)
- IP address
- Payment details
While not actively collected we may store any other personal information that you may disclose during live chat, tickets or emails.
5. Cookies and IP Addresses
IP Addresses
We collect IP address information for security (DDoS prevention, anti-hacking and fraud prevention), diagnostics and statistical analysis of traffic used for improvements to the performance and usability of our services, for GDPR purposes we collect this information under legitimate interest.
Cookies
A cookie is a small file saved on your computer that is used to help store preferences and other information that is used by websites you may visit.
We use cookies for the Following:
- Authentication of users when logging in or out of our services.
- Analysis of traffic to our website via Google Analytics (see Google Analytics).
- Tracking of website preferences.
- Third party services such live chat.
If you register with us or if you continue to use our site, you agree to the use of cookies.
You can block cookies by activating the setting in your browser which allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies you may not be allowed access to all or parts of our site.
Unless you have adjusted your browser settings so that it will refuse cookies, our system will issue cookies as soon as you visit our site.
6. Where we store and process your personal data
The data that we collect from you is stored in the UK but it may be processed by staff operating outside the EEA (European Economic Area) who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services.
By submitting your personal data, you agree to the processing of this data outside of the EEA.
We take all steps necessary to ensure that your data, regardless of where it is processed, is treated securely and in accordance with this privacy policy and the GDPR (General Data Protection Regulation) standards.
7. How we Protect your personal data
We treat all data with the utmost care and take appropriate steps in compliance with data protection regulation to ensure it is kept safe.
- All data we collect is done so over encrypted connections (https).
- All data is stored behind state of the art firewalls managed by our security team.
- All data is access controlled to ISO27001 standards.
- All systems storing personal data have access logging.
- All passwords are encoded at rest.
- All systems are subject to regular penetration testing and are monitored for vulnerabilities and attacks.
8. Uses we make of personal data
We use information held about you in the following ways:
- To verify your identity.
- To provide you with the products and services you have purchased from us.
- To carry out our obligations arising from any contracts entered into between you and us.
- To ensure that content from our site is presented in the most effective manner for your device.
- To respond to queries.
- To provide you with information, products or services that you request from us where you have consented to be contacted.
- To notify you about changes to our services.
- To send you marketing emails where you have given explicit consent.
- To display personalised Ads from us.
- To prevent fraud.
- To detect, prevent and diagnose potential security breaches.
9. Legal basis for the collection and processing
Data protection law sets out the conditions under which personal data can be collected and which we use as the basis for collection and processing, these include:
Contractual obligations
When you purchase a service, we need to collect personal data to fulfil our legal contractual obligation, for example: so we can manage and invoice your account and contact you for technical support purposes.
Legal compliance
The law requires we collect and process data for certain purposes such as for keeping financial records (i.e. invoicing) and that we can comply with law enforcement requests for data.
Legitimate interest
We collect data under legitimate interest in a way that is reasonably expected as part of the day to day running of our business.
For example, we collect and log IP addresses for fraud protection and security as well as analysis of our site usage.
Consent
In certain cases, we may collect and process your data with your consent, for example our newsletter and hot offers emails. Consent to receive these can be withdrawn at any time.
10. How long we keep personal data
Your data will be kept until it is no longer required for the purpose of its collection.
At the end of the retention period the data will either be deleted or anonymised so it can no longer be linked back to an individual.
Personal data linked to purchases or any other financial transaction are kept for a minimum of 6 years as required by UK law to retain financial data.
11. Who we share personal data with
Like many websites we use a number of third-party services for functionality such as email sign-up and payment processing. The following is a list of companies we share data with on a day to day basis. This list does not include services we share anonymous data with or that provide services on an ad-hoc basis such as IT contractors. All the suppliers below have been carefully selected to ensure they provide suitable protections under GDPR.
Tawk.to
Talk.to provides our live chat service available on our website. When you contact us via live chat, your conversation will be recorded and archived on Tawk.to’s servers. These archives may include personal information that you disclose during the conversation.
Please note that live chat transcripts, if requiring further action (e.g., technical support queries), may be copied to our ticketing system for future reference.
We record conversations to improve our customer service and assist with support queries. The recorded data is handled with the utmost care, and Tawk.to employs robust security measures, including:
Encryption in Transit: All data transmitted between your device and Tidio’s servers is encrypted using industry-standard protocols, ensuring the confidentiality and integrity of your information during the transmission process.
Encryption at Rest: The archived conversations stored on Tawk.to’s servers are encrypted at rest. This means that even when the data is stored on Tidio’s servers, it is safeguarded by encryption, adding an extra layer of protection to your personal information.
Mailchimp
Our newsletter and marketing email lists are managed through Mailchimp, these emails are opt-in, when you opt-in to our newsletter your name and email address will be added to our mailing list which is held securely on mailchimp’s servers, by opting in you agree to:
- Transfer your contact information to MailChimp
- Store your contact information in our MailChimp account
- To being sent marketing emails from our MailChimp account (These will be for our services only)
- To have tracked interactions for email marketing and ad placement purposes.
Emails are initiated and managed by ourselves.
Please see the section entitled “Newsletter and Marketing Emails” for information on how to opt out of these emails.
Privacy Policy: Mailchimp legal privacy
Stripe
Stripe is used to provide secure credit and debit card processing services. If you choose to pay by this method then your card details, name, address and email will be transmitted to Stripe securely for the processing of payment and for fraud prevention.
If you choose to store your card details then this will be saved alongside your name, address and email on Stripe’s servers.
Privacy Policy: Stripe GB privacy
Maxmind
Maxmind is used for fraud prevention, if you make a purchase your IP address will be shared with Maxmind to determine the approximate location the order is being placed from and if the IP is a known source of fraud.
Privacy Policy: Maxmind EN privacy policy
Tucows (OpenSRS)
Tucows are a domain registrar and owners of OpenSRS, when you register a domain with us you are required to provide contact details that are used to register your domain against. It is important to note that these details will be visible within the publicly searchable database called “whois”, we strongly advise customers when making a GTLD (Generic top-level domain) purchase to choose the whois privacy option which anonymises the whois database entry.
(It should be noted that prior to the 25th of May 2018 all personal whois data will be anonymised by Tucows to comply with GDPR.)
Privacy Policy: https://opensrs.com/privacy-policy/
Nominet
Nominet are the registration authority for .uk and .co.uk domains, when you register a .UK domain you are required to provide contact details that are used to register your domain against. It is important to note that these details will be visible within the publicly searchable database called “whois”, if registering the domain as an individual you can opt out of having details listed in the whois database, you cannot opt-out if registering for commercial use.
(Important: prior to the 25th of May 2018 all personal whois data will be anonymised by Nominet to comply with GDPR.)
Privacy Policy: Nominet resources privacy policy
Janet
Janet is the domain registration authority for .ac.uk, .gov.uk, .gov.scot, .gov.wales and .llyw.cymru domains. If you register any of these domain with us then your contact details will be shared for the purpose of linking and verifying your registration.
Privacy Policy: Jisc website privacy notice
Microsoft
We use Microsoft Office 365 for document storage, email and collaboration, in some instances your personal data may be stored on office 365 servers, any data stored there is encrypted and controlled by us.
Privacy Policy: Microsoft online legal
Trustpilot
Trustpilot provides online reviews of goods and services, if you make a purchase and with your consent we may share you email address for the purpose of sending you an email invitation requesting a review, this is a onetime invitation. Any reviews are published under Trustpilot’s own terms and conditions and privacy policy.
Privacy Policy: Legal trustpilot end user privacy terms
12. Ads and Remarketing
We use Google AdWords remarketing services on our blog and forum to display our ads on third party websites (including Google) to previous visitors of those pages, this is done in the form of a cookie that contains anonymous data regarding your visit.
If you have a google account you can opt-out of receiving these ads here http://www.google.com/settings/ads
Google are also a member of the NAI (Network Advertising Initiative), you can also use their site to opt out here http://www.networkadvertising.org/managing/opt_out.asp
13. Google Analytics
Like many websites we use Google Analytics to collect anonymous data about the users of our sites such as how often they visit, what pages they visit, what time they visit, how long the stay and what country they are visiting from.
This data is collected using cookies and from your IP address, the resulting statistics are used for the following purposes:
- Improving website usability
- Tracking the success of marketing campaigns
- Pattern analysis
You can prevent Google Analytics from collecting this information by installing the google opt-out browser addon: Tools google dlpage gaoptout
To learn how Google uses data collected from our own and partner sites please see the following link: Policies google privacy partners
14. Newsletter and Marketing Emails
All our marketing emails are opt-in, we will never sell on your details or pass them on to third parties for marketing purposes. If you have opted in to receive these then you can opt out at any time in one of three ways:
- If you have received an email, click on the unsubscribe link located in the email footer.
- Log into your client area and select: Communication > Manage E-mail Subscriptions
- By contacting our customer services department.
15. Disclosure of your personal information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
If Atlantis NuWeb Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it (Atlantis NuWeb Limited) about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions of supply Terms and Conditions and other agreements; or to protect the rights, property, or safety of our customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
16. External links
Our site may, from time to time, contain links to and from the websites of our partners. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
17. Your rights under GDPR
Under GDPR (General Data Protection regulation) you have a number of rights relating to your personal data, these will come into force on the 25th May 2018, for further information please see https://ico.org.uk
Right to Restrict Processing
You have the right to request we restrict processing of your personal data where there is no legitimate interest for us to do so:
- Where the accuracy of the personal data is contested, to restrict the processing until such time as the accuracy has been sufficiently verified.
- Where you object to the processing (See Right to Object), and where we are considering whether there are legitimate grounds to override the request.
- When processing is unlawful and you oppose erasure and request restriction instead.
- If we no longer need the personal data but you require the data to establish, exercise or defend a legal claim.
You can exercise the right at any time by contacting our team (see Contacting Us).
Right of Access (Access to Information)
The GDPR Act gives you the right to access information held about you.
You can exercise this right by contacting us (see Contacting Us).
We are required to verify your identify before processing any right to access request, once verified the data shall be provided within 28 days.
The data shall be provided free of charge however an admin fee may be applied where a request is manifestly unfounded or excessive, particularly if it is repetitive.
Right to Erasure (Also known as the right to be forgotten)
As an individual you have the right to request the erasure of any data we hold on you, this is not an absolute right, for example it does not override our requirement under UK law to keep financial data such as invoice information.
You can make a request where your personal data is no longer necessary in relation to the purpose for which it was originally collected/processed, for example if you cancel all services you have with us.
To make a right to erasure request please contact our customer services team (see Contacting Us).
Right to Rectification
The GDPR provides the right to have any personal data rectified that may be incorrect or incomplete.
Customers can update their own personal details via the client area however if this is not sufficient please contact our customer services team (See contacting Us).
Right to Object
You have the right to object to the processing of your personal data where there is no legitimate or lawful reason to do so.
To make a right to object request please contact our customer services team (see Contacting Us).
18. Changes to our privacy policy
We keep our privacy policy under regular review, you can always find the latest version at the URL below:
19. Contacting us
Questions, comments and requests regarding this privacy policy are welcomed, you can contact us in the following ways:
- Existing customers can contact us by creating a ticket through their client area.
- Email us at [email protected]
- Or write to us at: NuCast 18 Lowgate Crescent, Gedney Dyke, Spalding, Lincolnshire, PE12 0AP, United Kingdom.
20. Contacting the regulator
While we will make every attempt to rectify any situation, where you feel your data has not been handled appropriately you have the right to contact the regulator. In this case the regulator is the Information commissioner’s office (ICO).
You can contact them on 0303 123 113 or by visiting Ico concerns
The Service is provided to authorised persons or organisations (referred to in this document as “Customer” or “you”). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of theses Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.
This TOS specifically relates to services provided by NuCast, and does not cover any other entity, thus meaning you are unable to claim fault of service due to a third-party.
Coverage – If you are an individual Customer, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Customer, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you. The Terms of Service specifically relate to services provided by NuCast; external matters are not at the discretion of NuCast.
Term – The Service is provided to you for as long as you wish to use it, however we withhold the right to suspend or terminate the service if you use it in a way that violates the terms of use or for any other reason not expressly defined within this policy. Your service is provided to you for as long as it is paid for, if you fail to pay or default on your payment, your service will be suspended after 5 days overdue before being terminated on the 19th day overdue which means the account will be irreversibly destroyed.
Suspension/Termination – NuCast reserves the right to suspend and/or terminate any service at any time if we see fit, or if you are found to be abusing these Terms of Service. Regarding payment, services will be suspended five days after the due date and late fee added – services will be terminated (including permanent loss of data such as port, passwords and uploaded media) 19 days after the due date.
Our Staff – Our staff deserve the right to work in a safe, and non-abusive environment. As such, we kindly remind you that swearing, or being abusive towards our staff is prohibited.
Prices and Charges – NuCast provides the use of MediaCP, Everest Panel and other control panels to you free of charge, but if through misuse or through abuse on your part we incur any charges, we reserve the right to pass these charges on to you. We reserve the right to increse or otherwise make changes to our pricing as and when the need arises.
Refunds – NuCast only allows refunds within the first 24 hours from a product or service’s initial order – the “cooling off period”. This does not apply to services that are re-created after termination for non-payment or otherwise. The user is entitled to the whole amount that was given to NuCast via My NuWeb credit balance. Addon services including, but not limited to, Apple & Google Mobile Apps, Alexa Radio Skills and Jingle packages are not eligible for refund. NuCast reserves the right to deny any Customer a refund if these Terms of Service are violated. NuCast reserves the right to refuse to refund for any reason and/or waive the “cooling off period” should there be a valid reason to do so.
Payments – Unless otherwise requested via our support system, and excluding a product or service’s initial payment (which is made manually), all payments for product/service renewals will be taken automatically from the chosen payment method. Automatic payment attempts are made 1 day before a product or service’s due date. Please contact us if you would like automatic payments to be disabled on your My NuWeb account.
Chargeback Policy – In the event of a chargeback or payment dispute initiated by the user through their bank or payment provider, NuCast reserves the right to impose a temporary suspension of all associated services. This suspension will remain in effect until the dispute is resolved or the Customer provides a valid resolution acceptable to NuCast. The user is responsible for covering all associated fees, including a dispute fee of £100 GBP and any additional administrative costs incurred during the dispute resolution process. Should chargebacks or payment disputes occur repeatedly, NuCast retains the right to permanently terminate all services linked to the user and ban them from future use of NuCast’s offerings. This ensures the integrity of our payment processes and the reliability of service for all clients.
Free Trial Accounts
(i) Free trial accounts last no longer than 14 days.
(ii) A Customer wishing to keep the free trial account beyond the trial period, must upgrade to a paid plan prior to the 14th day of the trial.
(iii) Free trial accounts that are not upgraded to a paid plan by the Customer prior to the 14th day, will be permanently terminated resulting in unrecoverable data loss.
Bandwidth
(i) You are able to use the bandwidth allocated to your account providing it is reasonable and does not equate to a disproportionate amount of resources.
(ii) Bandwidth allocation resets on the 1st of every month, you may find that you are suspended for exceeding your bandwidth allowance – you may either wait until the 1st of the month to reset this allowance or upgrade your package for a cost where permitted.
(iii) We safeguard our network against unfair use of allocated bandwidth, especially where bandwidth is offered on an ‘unlimited’ or ‘unmetered’ basis, if you are found to be using a disproportionate amount of resources, we reserve the right to protect our network. For more information, please see our detailed Fair Usage policy listed below.
Account Etiquette
(i) Any account found with potentially fake and/or fraudulent data risks suspension and/or termination unless the information is rectified.
(ii) Any account found with inconsistent information will also be subject to suspension unless the information is rectified.
Fair Usage
We’ve created this Fair Usage Policy (FUP) to safeguard our Customers against high usage of our services which may in turn affect the quality of service for Customers using this service. This Fair Usage Policy exists to ensure high-quality, high-speed and high-availability services remain available to all clients using any of our services. This Fair Usage Policy applies to all users of, and visitors to our Site.
’We’/’Us’/’Our’/NuCast/NuWeb Solutions/Atlantis NuWeb Limited means the limited liability company that owns the website NuCast. Our company number is 11180762. We’re registered in England and Wales at the registered office address: 18 Lowgate Crescent, Gedney Dyke, Spalding, Lincolnshire, PE12 0AP, United Kingdom.
NuCast/Our site/Site/Website means the website https://nucast.co.uk/, owned by Atlantis NuWeb Limited and/or any of its subsidiary or affiliated companies/websites.
Services means any service we provide or list for sale on our Site.
Customer/Client means the party which has entered into an agreement with NuCast and to whom our services will be provided.
User means any party which uses our services.
Content means any content you upload, broadcast, write or publish, in connection with or by using our Services.
This FUP must be read along with our Terms of Service and Privacy Policy and forms part of our Terms of Service. It should be interpreted such that it has the widest application, in particular, references to services we provide should also encompass any other web hosting or audio streaming hosting package we offer on our Website. This policy should be interpreted so as to encompass new and developing services/technologies and use cases that may not explicitly be mentioned or referred to in this policy.
Our services are used by tens of thousands of Clients (‘You’) and we (‘NuCast’) want to make sure that our services are always fast, reliable and available for them to use. This means that we need to safeguard against disproportionate usage by some heavy-duty service users. We offer Virtual Private Servers and Dedicated Servers options to upgrade beyond the shared environment — generally, even large (>500 daily concurrent listeners) stations won’t trigger our monitoring system. However, clients that have an exceptionally large listenership may begin to use resources that should be fairly distributed amongst all of the clients on our servers — the bigger your audience, the more bandwidth and server resources are required to maintain your station. Understandably, this can put a strain on our Shared Servers (these are servers which you and other clients use together).
During periods of peak usage (this is when the greatest amount of people are using our services), this Fair Usage Policy restricts the available bandwidth and listener slots if their usage amounts to a disproportionate amount of resources (this may be defined as using over 20% of any server’s memory/network/processing power or any other compelling circumstances (10+% of overall server disk space usage) in which we feel they are causing a strain on the service).
We monitor each user’s total bandwidth and listenership throughout each month to identify those using a disproportionate amount of resources. At the start of each month, the monitoring is reset to zero to ensure that all clients are given a clean slate, making our Fair Usage Policy as equal as possible in determining those that may be using a disproportionate amount of resources.
Acceptable use of the service is defined as (where applicable and is not limited to) keeping within the limits and/or restraints set by your package. Where ‘unlimited’ or ‘unmetered’ is stipulated, this typically means that you are free to use the service in whatever legal/lawful manner you wish providing it does not use a disproportionate amount of resources (server processing power, hard disk space, bandwidth allocation, etcetera). Our service may be used to broadcast music, spoken word, news and any other genre or type of audio as long as it is legally acceptable as defined by legislation in both the United Kingdom, the location of the server(s) and the location of the broadcast. In the case of ‘Reseller’ servers, you are permitted to resell (at a price defined by you) accounts on your resellers to your own customers. This Fair Usage policy will also apply to them and by extension yourself. This applies to all customers except where expressly stated otherwise.
Unacceptable use of the service is defined as (but is not limited to) using a disproportionately large amount of resources, this could be from anything to using over 10% of our allocated server disk space, using a significant (10TB+) amount of bandwidth on a monthly basis and/or using a large amount of processing power (20% of the available processing power)/memory usage and/or any other activity which we deem at a later date to be under this definition.
Use of our services must be lawful and legal, you cannot and must not use our services for anything which could be deemed unlawful/illegal, you must adhere to legislation in the country in which you reside, the UK and the country in which the server(s) are located. We reserve the right to immediately terminate access to services for any client(s) that do not adhere to this notice. We work, where required or asked, fully in compliance with law enforcement agencies. We will not tolerate hate speech, discussion of child exploitation, bullying or threats being issued using our service.
You have sole responsibility for the Content to which you submit, upload or broadcast using our Site and/or Services and the views and opinions expressed by any contributor to the Site are not necessarily those of Atlantis NuWeb Limited or any of its members or subsidiaries. To the extent permitted by law, Atlantis NuWeb Limited hereby excludes responsibility and liability (express or implied, contractual, tortious or otherwise) for any Content and you shall indemnify Atlantis NuWeb Limited and shall keep it fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, expenses, costs, business interruption and any other pecuniary or consequential loss (including legal expenses and costs) suffered or incurred by Atlantis NuWeb Limited and arising directly or indirectly out of receiving, storing, using and the publication of Content submitted by you to Atlantis NuWeb Limited.
We reserve the right to monitor and investigate for breaches of this Fair Usage Policy and Terms of Service, we aim to immediately notify any client(s) that breach this policy and provide instructions on how they can correct the issue. We reserve the right in all cases to suspend, terminate or restrict access to any account(s) held by clients that breach this policy. We also reserve the right to limit disk usage, bandwidth usage, RAM/memory usage and CPU usage of any account(s) identified as using a disproportionate amount of resources to ensure our servers are running well and without interruption for our clients.
By accepting our Terms of Service at the point of your account creation, you also agree to and will adhere to this Fair Usage Policy.