Legal

All trademarks, trade names, or logos mentioned or used on Podcastaura’s website are the property of their respective owners.
Every effort has been made to properly capitalize, punctuate, identify and attribute trademarks and trade names to their respective owners, including the use of ® and ™ (TM) wherever possible and practical.

The “Podcastaura” name and logo are copyrights and properties of Podcastaura

1.       Introduction
1.1     On certain web page access instances, our website uses cookies.

1.2    We will ask you to consent to our use of cookies in accordance with the terms of this policy when you first visit our website. / By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

2.       Credit
2.1     This document was created used by Legal Counsel other than our own.

3.       About cookies
3.1     A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

3.2     Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

3.3     Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

3.4     Cookies can be used by web servers to identify and track users as they navigate different pages on a website and identify users returning to a website.

4.       Our cookies
4.1     We use [only session cookies / only persistent cookies / both session and persistent cookies] on our website.

4.2     The names of the cookies that we use on our website, and the purposes for which they are used, are set out below:
(a)      we use google analytics on our website to [recognise a computer when a user visits the website / track users as they navigate the website / enable the use of a shopping cart on the website / improve the website’s usability / analyse the use of the website / administer the website / prevent fraud and improve the security of the website.

5.       Analytics cookies
5.1     We use Google Analytics to analyze the use of our website.

5.2     Our analytics service provider generates statistical and other information about website use by means of cookies.

5.3     The analytics cookies used by our website have the following names: [_utma, _utmb, _utmc and _utmz]

5.4     The information generated relating to our website is used to create reports about the use of our website.

5.5     Our analytics service provider’s privacy policy is available at: [http://www.google.com/policies/privacy/.

6.       Third party cookies
6.1     Our website also uses third-party cookies.

6.2     We publish Google AdSense interest-based advertisements on our website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behavior on our website and on other websites across the web using the DoubleClick cookie. / We publish Google AdSense advertisements on our website. To determine your interests, Google will track your behavior on our website and on other websites across the web using the DoubleClick cookie.

This behavior tracking allows Google to tailor the advertisements you see on other websites to reflect your interests (we do not publish interest-based advertisements on this website).] You can view, delete or add interest categories associated with your browser by visiting: http://www.google.com/settings/ads/. You can also opt out of the AdSense partner network cookie using those settings or using the NAI’s (Network Advertising Initiative’s) multi-cookie opt-out mechanism at http://www.networkadvertising.org/choices/.

However, these opt-out mechanisms themselves use cookies, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you may wish to consider using the Google browser plug-in available at: https://www.google.com/settings/ads/plugin.]

6.3     Details of other third-party cookies used by our website are set out below:
(a)      please contact Podcastaura @admin@podcastaura.com for third-party cookie information.

7.       Blocking cookies

7.1     Most browsers allow you to refuse to accept cookies; for example:
(a)      in Internet Explorer (version 10) you can block cookies using the cookie handling override settings available by clicking “Tools”, “Internet Options”, “Privacy” and then “Advanced”;

(b)      in Firefox (version 24) you can block all cookies by clicking “Tools”, “Options”, “Privacy”, selecting “Use custom settings for history” from the drop-down menu, and unticking “Accept cookies from sites”; and

(c)      in Chrome (version 29), you can block all cookies by accessing the “Customize and control” menu, and clicking “Settings”, “Show advanced settings” and “Content settings”, and then selecting “Block sites from setting any data” under the “Cookies” heading.

7.2     Blocking all cookies will have a negative impact upon the usability of many websites.

7.3     [If you block cookies, you will not be able to use all the features on our website. ]

8.       Deleting cookies
8.1     You can delete cookies already stored on your computer; for example:

(a)      In Internet Explorer (version 10), you must manually delete cookie files (you can find instructions for doing so at http://support.microsoft.com/kb/278835);

(b)      in Firefox (version 24), you can delete cookies by clicking “Tools”, “Options” and “Privacy”, then selecting “Use custom settings for history”, clicking “Show Cookies”, and then clicking “Remove All Cookies”; and

(c)      in Chrome (version 29), you can delete all cookies by accessing the “Customize and control” menu, and clicking “Settings”, “Show advanced settings” and “Clear browsing data”, and then selecting “Delete cookies and other site and plug-in data” before clicking “Clear browsing data”.

8.2     Deleting cookies will have a negative impact on the usability of many websites.

9.       Cookie preferences
9.1     You can manage your preferences relating to the use of cookies on our website by visiting: podcastaura.com//cookies

10.     Our details
10.1    This website is owned and operated by Podcastaura

10.2    We are registered in the United States of America.

10.3    Our principal place of business is at PodCastAura 
HQ
530 West 30th Street
New York, New York 
10001

10.4    You can contact us by writing to the business address given above, by using our website contact form, by email to info@podcastaura.com or by online chat at www.podcastaura.com 

By using Podcastaura’s  business platform services (“Service”), you are agreeing to be bound by the following terms and conditions, hereinafter referred to as (“Terms of Service”). Podcast Aura reserves the right to update and change the Terms of Service from time to time without notice.

Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at http://51b.b2a.myftpupload.com/terms-and-conditions/ Violation of any of the terms below will result in the termination of your Account.

While Podcast Aura prohibits such conduct and Content on the Service, you understand and agree that Podcast Aura cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk. 

Account Terms

• You must be 18 years or older to use this Service.
  
  
• You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  
  
• You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process.
  
  
• Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
  
  
• You are responsible for maintaining the security of your account and password. Podcast Aura cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  
  
• You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account). Podcast Aura will monitor for illegal content and if any will be found will remove such content immediately without notice.
  
  
• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

API Terms 
Customers may access their Podcast Aura account data via an API (Application Program Interface). Any use of the API, including the use of the API through a third-party product that accesses Podcast Aura, is bound by the terms of this agreement plus the following specific terms:

• You expressly understand and agree that Podcast Aura shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Podcast Aura has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
• Abuse or excessively frequent requests to Podcast Aura via the API may result in the temporary or permanent suspension of your account’s access to the API. Podcast Aura, in its sole discretion, will determine abuse or excessive usage of the API. Podcast Aura will make a reasonable attempt via email to warn the account owner prior to suspension.
• Podcast Aura reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Payment, Refunds, Upgrading and Downgrading Terms

• You will be billed monthly starting on the 1st day or prorated for that month after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will be charged for what you have used until the cancellation date. Prices are billed monthly until canceled.
  
  
• An upgrade from the trial account to the paid account will end your trial account. You will be billed for your first month immediately upon upgrading.
  
  
• The Service is billed on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  
  
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  
  
• You agree to pay via our subscription and with a valid credit card.
  
  
• No additional surcharges or setup fees will apply!
  
  
• Cardholders must be at least 18 years of age.

Cancellation and Termination

• You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link within the Digital Asset Management account section.
  
  
• All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is canceled!
  
  
• If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  
  
• Podcast Aura, at its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Podcast Aura service, for any reason at any time.
  
  Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Podcast Aura reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

• Podcast Aura reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  
  
• Prices of all Services, including but not limited to monthly fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the PodcastAura.com site PodcastAura.com to our blog site at blog.podcastaura.com or the service itself.
  
  
• Podcast Aura shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

• We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your assets to be shared publicly, you agree to allow others to view and share your Content.
  
  
• Podcast Aura does not pre-screen Content, but Podcast Aura and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  
  
• The look and feel of the Service is copyright © 2023 Podcast Aura All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Podcast Aura.

General Conditions

• Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  
  
• Technical support is only provided to paying account holders and is only available via email.
  
  
• You understand that Podcast Aura uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service, and as such, Podcast Aura cannot be made responsible for any failures on hardware, network or availability, including data loss in the event that any Podcast Aura hosting partner fails to live up to its obligations with Podcast Aura.
  
  
• You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Podcast Aura, or any other Podcast Aura service.
  
  
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Podcast Aura.
  
  
• Podcast Aura may use your company’s logo in listings of Podcast Aura customers on website or brochures.
  
  
• We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  
  
• Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Podcast Aura customer, employee, member, or officer will result in immediate account termination.
  
  
• You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  
  
• You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  
  
• You must not transmit any worms or viruses or any code of a destructive nature.
  
  
• Podcast Aura does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  
  
• You expressly understand and agree that Podcast Aura shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Podcast Aura has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) hardware failures; (vi) or any other matter relating to the service.
  
  
• The failure of Podcast Aura to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Podcast Aura and govern your use of the Service, superseding any prior agreements between you and Podcast Aura (including, but not limited to, any prior versions of the Terms of Service).
  
  
• The customer and/or purchaser of Podcast Aura products or services cannot and will not hold Podcast Aura liable for any Podcast Aura website service interruptions, website access delays or downtime due to website maintenance work. The customer and/or purchaser holds Podcast Aura completely harmless and free from any liabilities whatsoever.
  
  
• Podcast Aura is not responsible or liable for any typographical errors or omissions on any of its content or websites.
  
  
• Questions about the Terms of Service should be sent to support@podcastaura.com

Jurisdiction

• Podcastaura is a legal company registered under the Laws of the State of Wyoming. Any disputes must be settled in a  Court under US Law.

Contact Details

• PodcastAura.com    Chat with on online to get a faster response. 
  
  

Your privacy is important to us. Podcastaura, hereinafter referred to as “PCA”, has created this Privacy Policy to explain how your information is protected, collected and used. This Privacy Policy applies to our web sites, and web sites which we operate on behalf of our partners (the “Sites”). This Privacy Policy may be updated from time to time. You can always review the most current version here. By using our Site, you consent to the terms and conditions of this Privacy Policy and are aware that our policies may evolve in the future. If there is a conflict between our Terms of Use governing your use of the Sites and this Privacy Policy, the Terms of Use control.

Protecting Your Privacy

In various places on the Sites, we collect “Personally Identifiable Information,” such as your name, postal address, telephone number, e-mail address, or other information that can be used to identify you or contact you.

• PCA will not share any of your Personally Identifiable Information, except for the information you choose to publicly disclose in the listings you publish, with our advertisers or any third-parties for marketing purposes.
  
  
• PCA offers email anonymization & relay to protect your identity and reduce spam. Account information is password protected to keep your password safe.
  
  
• PCA does not knowingly collect any Personally Identifiable Information from persons under the age of 13, and PCA does not permit persons under the age of 13 to register on our sites. If PCA learns that registration is by a person under the age of 13, PCA will remove that registration.
  
  
• PCA, or people that purchase items from PCA, may provide links to third party web sites, which may have different privacy practices than Podcast Aura. We are not responsible for, nor have any control over, the privacy policies on these third party web sites. We encourage all users to read the privacy policies of every web site you visit.

Registration

Registration is required to place a listing through our service or to use other types of functionality that require the service to recognize a user (e.g., PCA Alerts). If you decide to register or sign up for certain services, you will need to give us certain Personally Identifiable Information, such as a valid e-mail address and zip code. You will also have the option to provide other Personally Identifiable Information such as your address. Personally Identifiable Information will be used to personalize and improve your experience of our service.

This information will not be disclosed to any third party without your explicit consent.  Registered users and users that provide their email address to Peter Jonathan Wilcheck may receive a copy of our newsletter and other occasional mailings from us regarding our service or the Sites.

You may opt-out of receiving future mailings at any time by clicking the unsubscribe link on the email, or by updating your subscription information on the Subscription Tab in the My Account section.  You can review and change your Personally Identifiable Information or password at any time on the My Profile Tab in the My Account section.

Cookies, Web Beacons and Scripts

Like many web sites, PCA uses a standard technology call “cookies.” A cookie is a small text file stored on your computer’s hard drive that can be accessed by a specific web site to make your experience quicker and more convenient. Cookies allow our users to login without entering their ID and password each time they use Podcast Aura. Cookies also help us understand how our users use the Sites, which allows us to improve the service. We do not use cookies to retrieve any information from your computer other than the information we provide, such as a user code.

A “web beacon” is an electronic file that signals when a web page, an advertisement, a video or other type of content has been viewed. A “script” is a short section of computer code included in a Web page or other content that can be used to set and access a cookie on your computer’s hard drive and to record your activity on a web site. Web beacons and scripts can be used for a number of purposes, including counting and tracking visitors to the Sites, recognizing and accessing cookies, recording page view information, tracking and reporting audience information and conducting research to improve the Sites.

PCA allows certain third parties to set and access their own cookies, use their own web beacons and use their own scripts on and through the Sites. How other companies use their own cookies, web beacons and scripts and the information they gather is subject to those companies’ own privacy policies, not this Privacy Policy. Some of these companies are participants in the Network Advertising Initiative (“NAI”), a cooperative of online marketing and analytics companies committed to building consumer awareness and establishing responsible business and data management practices and standards. You can learn more about NAI and how you may “opt out” of targeted advertising delivered by NAI members here.

Data We Collect
In addition to Personally Identifiable Information you provide at registration or by using the service, we collect the following information:

Listing content
When you place a listing or a review on the Sites, we collect a variety of information related to that listing (e.g., price, model). The public will see any information that you include in your listing, and as such, PCA has no control over how this information will be used. For that reason, please think carefully about what Personally Identifiable Information you disclose in your listing. You can always edit or deactivate any of your listings. 

Discussions about listings. When you comment on a listing. You can always delete your comments. Correspondence. Correspondence between you and the other party initiated through our site, and correspondence to us. Anonymous Information” such as your IP address, the type of browser you use, the pages on our Sites that you visit, the search terms that you enter and the advertisements that you click. This information is used to help us diagnose problems, administer the site and otherwise improve our service to you.

Credit card information
Credit card information, including credit card numbers, is collected but not stored. We use trusted third party vendors to handle secure credit card transactions for us. Our vendors use Secure Socket Layer (SSL) technology and are PCI compliant.

Data We Store
The following information is stored in our database, even after deletion, and may be archived:

Registration information
All listings, review and comment content. Messages sent in regards to listings.

Activity logs and other records
Although we make good faith efforts to store information in a secure environment that is not made available to the public, we cannot guarantee complete security.

Use of information
We may use the information you disclosed to us to:

• Provide our services to you.
• Provide customer service to you.
• Prevent potentially prohibited or illegal activities.
• Enforce our Terms of Use.

Automatically scan messages to check for spam, fraud, phishing attacks, and other malicious activity or illegal or prohibited content.

GDPR – General Data Protection Regulation

By consenting to this privacy regulation you are giving us permission to process your personal data specifically for the purposes identified. Consent is required for Podcastaura and it’s divisions to process both types of personal data, but it must explicitly be given. Where we asking you for sensitive personal data we will always tell you why and how the information will be used.

Disclosure

PCA may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:

• Respond to a legal process (e.g., subpoenas, court orders).
• Respond to claims that a listing or content violates the rights of third parties.
• Enforce our Terms of Use.
• Protect the rights, property or personal safety of Podcast Aura, its users or the general public.

Podcast Aura may also disclose information with:
Our partner web sites if you create an account on one of those sites. Service providers under contract who help us with business operations such as fraud investigations.

We may share Personally Identifiable Information and other information about you with our parent company, affiliates, and subsidiaries for the use and benefit of those companies. If we merge with or are acquired by another company, the resulting combined company will use the information you have provided as described in this Privacy Policy.

International Users

The Sites are hosted in the United States. If you use the Sites from outside of the United States, you are voluntarily transferring information (potentially including personally-identifiable information) and content to the United States and agreeing that Podcast Aura’s collection, use, storage and sharing of your information and content is exclusively subject to the laws of the United States, not of the jurisdiction in which you are located. Privacy Complaints from European Union Citizens; in compliance with the Safe Harbor Principles,

PodcastAura commits to resolve complaints about your privacy and our collection or use of your personal information. European Union citizens with inquiries or complaints regarding this privacy policy should first contact PCA at legal@podcastaura.com. PCA has further committed to refer unresolved privacy complaints under the Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by PCA, you may contact the BBB EU SAFE HARBOR program at:

More Questions?

If you have any questions about this Privacy Policy or want to report abuse, please contact us at admin@podcastaura.com.

This section addresses frequently asked questions with regards to the updates Podcastaura made in it’s subscription-based applications careers section employment data enrollment process and end-user services agreements, and the new online data processing agreement available in the Podcastaura My Account, and general questions about the GDPR.

What is the General Data Protection Regulation (GDPR)?

The General Data Protection Regulation 2016/679 is a regulation in EU law on data protection and privacy for all individuals within the European Union and the European Economic Area. It also addresses the export of personal data outside the EU and EEA areas.

Does is personal data?

Any kind of information that can be used to identify an individual, e.g. a phone number, a mail address, or an IP address.

What does “processing” mean?

Collecting, storing, using and pretty much anything else you can do with personal data.

What are the “Standard Contractual Clauses”?

EU law regulates the transfer of EU personal data to countries outside the European Economic Area (EEA) (EU countries + Iceland, Liechtenstein, and Norway). The EU has provided a set of model contract clauses (non-negotiable terms set out by the European Union), which can be incorporated into agreements between data controllers and processors established outside the EU or EEA to ensure that any personal data leaving the EEA will be transferred in compliance with EU law, including GDPR.

What does Brexit mean for GDPR? 

The UK will not have completed their withdrawal from the EU when the GDPR goes into effect, therefore the GDPR will still apply to the UK. If companies in the UK process data of EU residents, they will always fall under the GDPR, no matter if the UK is a member of the EU or not.