Who we are
Our website address is: https://thebraincandypodcast.com.
What personal data we collect and why we collect it
Comments
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
Media
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Podcast Data
We respect the wishes of our podcast listeners. The Brain Candy Podcast, produced by Wave Podcast Network will not implement the use of prepend RSS tracking technology.
Contact forms
If you contact us, or share your email. Your address will be used solely for the purpose of the subscription you signed up for. We will not sell or share your email with third party companies.
Cookies
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Analytics
Who we share your data with
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
Visitor comments may be checked through an automated spam detection service.
Terms of Use: Automated Processing & Liquidated Damages
1. Scope of Restricted Use
These terms apply to all audio, video, metadata, and text-based descriptions associated with The Brain Candy Podcast (“The Content”). By accessing, downloading, or indexing The Content via automated means, you (the “User” or “Automated Entity”) acknowledge that you have read, understood, and agreed to be bound by these restrictive covenants.
2. Explicit Revocation of Implied Licenses
The Brain Candy Podcast hereby revokes any and all “implied licenses” for the scraping, crawling, or ingestion of its content by third-party automated agents. This includes, but is not limited to, agents used for:
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Large Language Model (LLM) training or fine-tuning.
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Automated transcription or derivative text generation.
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Voice-print synthesis or biometric analysis.
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Commercial tracking, attribution, or advertisement analytics.
3. Liquidated Damages (Commercial License Trigger)
Because the actual damages resulting from unauthorized AI training and data mining are difficult to quantify (including the loss of intellectual property value, personality rights, and future licensing opportunities), the parties agree to a Liquidated Damages provision.
Any Automated Entity or parent corporation that bypasses, ignores, or fails to honor the restrictions set forth in the site’s robots.txt, ai.txt, or the verbal/written notices associated with The Content, hereby agrees to the following:
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Standard Commercial License Fee: An immediate and non-negotiable fee of $5,000 USD per episode (or part thereof) processed, ingested, or analyzed.
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Derivative Work Penalty: An additional $10,000 USD per instance where a transcript or summary generated from The Content is published or sold via a third-party platform.
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Attestation of Responsibility: The act of downloading or “pinging” the server by an automated agent constitutes an electronic signature and acceptance of these commercial rates.
4. Statutory Compliance (2026 Standards)
Usage of this feed without a signed commercial agreement constitutes a direct violation of:
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The 2026 Training Data Transparency Act (AB 2013): Failure to report the ingestion of this proprietary data.
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The Maryland Online Data Privacy Act: Unauthorized processing of biometric and personal audio data.
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UK Data Protection Act 2018 / UK GDPR: Specifically regarding the processing of “Special Category Data” (voice-prints) without an explicit lawful basis.
5. Governing Law and Jurisdiction
This agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and Wales.
As the creator is a British Citizen, the User agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute. However, The Brain Candy Podcast reserves the right to bring proceedings against the User in the courts of the United States (specifically the State of Maryland or California) to enforce these terms under the 2026 Training Data Transparency Act or other applicable local statutes.
