Users of the Services offered by BlogTalkRadio acknowledge and accept these terms and conditions.
25 Broadway, 9th floor
New York 10004
NY - USA
Owner contact email: firstname.lastname@example.org
BlogTalkRadio is an audio web-based platform that allows anyone to create live and on-demand talk content on the web. If you're a radio broadcaster, BlogTalkRadio gives you the ability to go live with its web-based 'studio' and host multi-participant broadcasts using just a computer and a mobile phone.
This document is a legal agreement between you, the User, and the entity providing BlogTalkRadio. It governs your use of the online properties and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms. For simplicity, “User”, “you”, “your” and similar terms, either in singular or plural form, refer to you, the User. “We”, “our”, “us” and similar terms refer to the corporation that owns and manages BlogTalkRadio as outlined in the present document. “BlogTalkRadio” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.
In order to use BlogTalkRadio, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. If you don’t accept this Agreement you cannot use the Service.
It is understood that the Owner shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the User's access credential.
By registering on BlogTalkRadio, you represent and warrant that you are an adult according to the legislation in your country. We do not accept registration of Users under the age of 13. Each User between the ages of 13 and 18 (or whichever age is the age of majority in their country of residence), may only register provided that a parent or legal guardian: * consents to the registration; * acknowledges and agrees to be bound by this Agreement and * ensures that the use of BlogTalkRadio by the minor is under their supervision.
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of BlogTalkRadio or by directly contacting the Owner. The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User's account at any time and without notice.
The Owner reserves the right to suspend or terminate the User's account at any time and without notice if it believes that:
The Service shall be used only in accordance with these Terms.
Users may not:
Users are responsible for their own content and that of third parties that they share through BlogTalkRadio, that they create, deliver and post on or through BlogTalkRadio, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service. The Owner does not moderate the content provided by User or by third parties but it may choose to suspend or terminate display of any such content if:
By creating, delivering and publishing UGC, User represents and warrants that:
By creating, delivering, submitting, posting or displaying UGC on or through BlogTalkRadio, the User grants a non-exclusive, royalty-free, worldwide, irrevocable, perpetual and with the right to sublicense license to the Owner without territorial limits, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later.
With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete your UGC from BlogTalkRadio, or, in general, when you delete your account, except when:
The User must be aware of the fact that any UGC removal may take reasonable time to be processed from backup and other systems used by BlogTalkRadio. For further information, the User is kindly requested to contact the Owner at the contact details provided in the present document.
BlogTalkRadio facilitates the syndication of your podcasts by creating RSS Feeds via Atom/RSS or other similar protocols. Once you set up your account on BlogTalkRadio, we will create a BTR RSS Feed of your UGC that you may use as a means to syndicate your UGC to third-party channels (including, but not limited to iTunes, Stitcher, Podcast App, Overcast, etc.).
You may include our widgets in your website according to the following terms:
If you are linking to or embedding our widgets in a third-party web space, it is your sole responsibility to make sure that you have permission to do so.
By linking to or embedding our widgets, you agree that you do and will continue to comply with the above requirements. We reserve the right to deny permission to embed our widgets or to block BlogTalkRadio widgets at any time, for any reason in our sole and absolute discretion.
The Owner does not moderate the content or links provided by third parties before their publication on BlogTalkRadio. The Owner is not responsible for the content provided by third parties or for its availability.
BlogTalkRadio grants Users a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Softwares and/or any other technical means embedded in the Service provided by BlogTalkRadio. This license is for the sole purpose of enabling Users to use the Service and in doing so within the limits and in compliance with this Agreement and/or any other applicable rules. User is required to use the Service in accordance with Owner’s intellectual and industrial property rights. The Softwares related to the Service, like any other copyright or other intellectual property rights, are the exclusive property of the Owner and/or its licensors. User does not acquire any right or title with respect to the Softwares, and acknowledges that their use is non-exclusive and non-assignable, only for the duration of the Service usage, via remote connectivity, via Internet, for the provision of Services under the Agreement. The right to use the Softwares, does not grant any rights to the original source codes. All techniques, algorithms, and procedures contained in the Softwares and their documentation are information protected by copyright and sole property of the Owner or its licensors, and therefore may not be used in any way by the User for purposes other than those set forth in these Terms. All rights and license grants to the User shall immediately terminate upon any termination or expiration of this Agreement.
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, logos and/or copyrights that appear concerning BlogTalkRadio and all rights in and to the user interface, features and functionality of BlogTalkRadio and underlying software, including code (“Owner's IP”) are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties. The Owner does not grant you any rights whatsoever in any Owner's IP except to the extent necessary for you to use the Services in compliance with the Agreement.
All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on BlogTalkRadio are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.
Blogtalkradio provides for additional services or subscriptions available upon payment of a fee.
The fees, duration and conditions for the accounts and paid services are highlighted in the relevant section of BlogTalkRadio.
Payments start from the date when Users choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each billing cycle to maintain the benefits provided by the paid services.
Recurring subscriptions are renewed automatically through the payment method that the User chose at the time of purchase. The renewed subscription will last for an equal period of time as the original service period. Users may cancel automatic renewal at any time by changing their preferences for the payment method used. If the User cancels an automatic renewal, then BlogTalkRadio may be forced to cancel their subscription when it runs out.
Blogtalkradio uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.
Any declined payment costs shall be borne by the User.
According to the applicable European consumer protection law, in case of purchase of services the European Consumer has the right to terminate the Agreement, within 14 days days from the date the Agreement is entered into, without giving any explanation. For the purpose of exercising the right of withdrawal, the Consumer is obliged to inform the Owner, without any formality, of the decision to withdraw by sending an unequivocal statement to the address set out in this document. For the purpose of this communication, the Consumer can use the withdrawal form available at the bottom of the Agreement.
Any reimbursable amount will be returned by the Owner without undue delay, and in any event within 14 days of the notification of withdrawal by the Consumer, using the same means of payment used by the Consumer for the initial transaction, unless the Consumer has expressly otherwise agreed.
Notwithstanding the above, the Consumer acknowledges and accepts that the right of withdrawal does not apply to contracts for the supply of services after the full performance of the service by a professional if the performance initially began with the express consent of the User and their agreement to lose the right to withdraw. Therefore, if the European Consumer has made a purchase on BlogTalkRadio and the Service provided by the Owner is immediately provided so that Consumer has immediate access to the use of the relevant Service, the withdrawal right shall be no longer actionable. The User also acknowledges and agrees that the withdrawal shall not apply to the supply of digital content through a non-material medium once the execution of the agreement has begun with the express consent of the Consumer and their acknowledgement of the loss of the right to withdrawal. This means that whenever a European Consumer purchases digital items from within BlogTalkRadio, the withdrawal right shall be no longer actionable.
The User can ask for a refund or order correction only if:
Refund requests shall be processed provided that they are received within 24 hours from purchase. Refund requests received past 24 hours from purchase shall be evaluated at the Owner's sole discretion.
EXCEPT FOR THE ABOVE MENTIONED CASES, NO REFUND SHALL BE PROVIDED FOR ANY PURCHASE MADE.
By using the Service, you agree not to directly monetize yourUGC via other third-party ad networks, agencies or business agreements. This restriction does not limit indirect monetization of your UGC, or services you offer outside of your UGC or your own promotions for those services.
You may also include in your UGC advertising or sponsored messages/segments, but to do so you will need to either:
By using our Service, you acknowledge and agree that BlogTalkRadio has, in its sole discretion, the right to serve banner, audio and video advertisements, including live reads, promotions, or other sponsored segments in connection with your UGC.
You also acknowledge and agree that BlogTalkRadio may earn revenues associated with your UGC (including advertising fees, commissions, syndication fees and the like).
The Owner shall do its utmost to work with the best advertisers and sponsors that do enhance and add value to your content and that do not interfere with the listening experience of your users. However, as you may appreciate, we cannot possibly control every single advertising message that we allow and display on your content. If you see or hear objectionable ads around or within your UGC, please email email@example.com and we will be happy to review these cases.
In order to begin to monetize your content, we require you to enrol in BlogTalkRadio Revenue Engine Program. By enrolling in BlogTalkRadio Revenue Engine, you can receive a significant share of aggregated revenues accrued against you UGC. To find out more about the program, details about third-party commissions and fees and our share percentage, you are invited to check the following page: .... The terms and conditions contained in this page are incorporated hereby by reference and are an integral and substantial part of this agreement.
Broadcasters must be aware that the payment of their revenues is subject to the advertiser payment to BlogTalkRadio. Should any advertiser or sponsor fail to pay to BlogTalkRadio for the ads displayed on or otherwise showcased in connection to you UGC, BlogTalkRadio shall not be obliged to pay your revenue share, unless the advertiser payment is fulfilled.
If you dispute any payment made or withheld relating by us, you must notify us at the contact details provided in this document within 30 days of any such payment. In lack thereof, any claim relating to the disputed payment shall be considered fully waived.
We only retain a small commission on your UGC revenues, which allows us to take care of searching for advertisers and sponsors on your behalf, executing monetization instruments against your UGC using our proprietary technologies, and working behind the scenes to maximize your earning potential. This program frees up your time for more important things like focusing on your content and growing your listenership.
If you already have pre-existing long-term sponsorship arrangements, please let us know by sending a communication to firstname.lastname@example.org. It is not our intention to jeopardize or limit or get in the way of those pre-existing relationships, but we will strive to ensure that you can fulfill your obligations to your pre-existing sponsors within our platform without limiting your total earning potential.
Broadcasters shall not generate invalid ad clicks or impressions (either by hand, bots, automated programs or similar devices).
The Owner shall consider invalid all those ad clicks and impressions which:
If one of the above circumstances is found to be true, upon BlogTalkRadio investigation, BlogTalkRadio reserves the right to withhold or deduct payment of the revenues due to you, or to suspend or otherwise disable your account.
THE OWNER PROVIDES THE SERVICES TO YOU STRICTLY ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE OWNER EXPRESSLY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE OWNER MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF ANY “CONTENT” AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, OMISSIONS OR INACCURACIES IN ANY “CONTENT”; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE “SERVICES” AND “BlogTalkRadio”; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS AND/OR ANY INFORMATION ACCESSIBLE THROUGH SUCH SYSTEMS; (IV) ANY INTERRUPTION OF THE “SERVICES”; (IV) ANY VIRUSES, TROJAN HORSES, BUGS, MALWARE OR THE LIKE IN OR TRANSFERRED THROUGH THE “SERVICES” OR THROUGH THE ACTIONS OF ANY THIRD PARTY; (V) ANY ACCESS TO YOUR DEVICE AND/OR INFORMATION AVAILABLE THROUGH SUCH ACCESS; AND/OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE “SERVICES.” THE OWNER DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY EVENT, PRODUCT OR SERVICE AVAILABLE THROUGH THE “SERVICES” OR ANY WEBSITE ACCESSIBLE THROUGH THE “SERVICES.” NO ACTION FROM OR ON BEHALF OF THE OWNER OR ANY OTHER SOURCE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE WARRANTY EXCLUSIONS MAY NOT APPLY TO YOU.
YOU USE BlogTalkRadio AND THE CONTENT THEREIN AT YOUR OWN RISK. IN NO EVENT WILL THE OWNER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF CUSTOMER DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF DAMAGES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE FROM AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT.
Blogtalkradio and all functions accessible through BlogTalkRadio are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User's specific goals. Blogtalkradio and functions accessible through BlogTalkRadio are used by the Users at their own risk and under their own responsibility. In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of BlogTalkRadio. Therefore, the Owner shall not be liable for:
You agree to defend, indemnify and hold harmless the Owner, its parent, “sibling” and subsidiary corporation(s) (if any) and officers, directors, employees, advisors and agents thereof, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees and expenses) arising from: * your use of the Service; * your violation of this Agreement; * your violation of any third party right, including without limitation any copyright, property, or privacy right; or * any claim that your content caused damage to a third party.
Users may use third-party services or content included in BlogTalkRadio, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
BlogTalkRadio is a video platform that allows Users to broadcast together, from anywhere, using any device and simulcast to multiple social networks and other third-party platforms (e.g. Facebook, Twitch, YouTube etc.).
Notwithstanding the above, BlogTalkRadio is not endorsed, sponsored or certified by any such third party and nothing herein contained shall constitute a partnership between or joint venture by BlogTalkRadio and these third providers or constitute any party the agent of the others.
Under the Digital Millennium Copyright Act (DMCA), you can request that the Owner remove material that infringes a copyright. To do so you must file a document that is known as a DMCA “takedown notice”, which must comply with the requirements specified by the law.
In particular, your “takedown notice” must include:
You must send this takedown notice in physical form using the contact information provided in this document.
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
You undertake and agree not to disclose any confidential information shared by us without our prior written consent. For the purpose of the Agreement is considered confidential information:
It is not considered confidential any information that you already knew prior to your use of the Services, that became public under circumstances independent from your intervention or action of sort, that was independently developed by you, or that was lawfully given to you by a third party.
In particular, you shall make a clear disclosure to your users about cookies, device-specific information, location information and other information stored on, accessed on, or collected from end users’ devices in connection with the Services, including, as applicable, information about end users’ options for cookie management.
You will also ensure that an end user gives consent to the storing and accessing of cookies, device-specific information, location information or other information on the end user’s device in connection with the Services where such consent is required by law.
From time to time the Owner may change certain aspects of the Service, such as adding or deleting certain features. The Owner may also decide to suspend or terminate the Services altogether. If the Services are terminated, the Owner will work with you to enable you to withdraw your information in accordance with applicable law.
The Services might not be available at times you expect it, whether because of software or network problems or events that are known as “Force Majeure” such as acts of God, labor actions and other disruptions beyond the reasonable control of the Owner. The Services might not be available also because the Services are undergoing maintenance.
The Owner reserves the right to amend or otherwise modify this Agreement at any time, informing you by publishing a notice through BlogTalkRadio or otherwise communicating with you. Such changes will only affect the relationship with you for actions after you have accepted the new Agreement. Previous versions, which are archived by the Owner, will govern the relationship prior to your acceptance. You can email the Owner for a copy of any previous version. Your continued use of the Services after such changes will signify your agreement with and acceptance of this Agreement with its revised terms. If you do not wish to be bound by the changes, then your only recourse is to discontinue the use of the Services.
This Agreement, and any rights and licenses granted in this Agreement, cannot be transferred or assigned by you without the Owner’s prior written permission, but may be assigned by the Owner without restriction.
You consent to the Owner contacting you by your telephone number (if provided) or your email address. All communications relating to BlogTalkRadio must be sent using the contacts stated in this document. If you send a communication by email you must have valid confirmation of receipt to provide promptly to the Owner if requested.
You may terminate the Agreement by cancelling your account at anytime by emailing the Owner at the contact details provided in this document and then following the specific instructions provided in our response.
Notwithstanding the provisions set forth under the section “Deleting Users accounts and account termination”, we reserve the right to terminate the Agreement and cancel your account in the following cases:
without prejudice to any further action we may bring before the competent courts in order to protect and safeguard our rights.
Upon termination of the Agreement by either party for any reason: * we will cease providing you with the Service and you will no longer be able to access your account; * unless otherwise stated in the Agreement, you will not be entitled to any refunds of any fees, pro rata or otherwise; * any outstanding balance owed to BlogTalkRadio for your use of the Service through the effective date of such termination will immediately become due and payable in full; and * the UGC that you published will be taken offline unless it has used by the Owner for advertising and/or promotional purposes or shared by any other Users of BlogTalkRadio.
If at the date of termination of the Agreement, there are any outstanding fees that you owe us, you will receive one final invoice via email, at the email address that you provided upon registration. Once that invoice has been paid in full, you will not be charged again and we shall consider our relationship terminated.
This Agreement, together with any other legal notices published by the Owner constitute the entire agreement between Owner and you concerning the Services.
If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
The Owner’s failure to assert any right or provision under this Agreement shall not constitute a waiver of any such right or provision. Any waiver shall not be deemed a further or continuing waiver of such term or any other term.
BlogTalkRadio is controlled and operated by Voxnest, Inc. and this Agreement shall be governed by the laws of the place where the Owner has its registered office, without regard to principles of conflict of laws. You agree to be bound by such laws and to submit to the jurisdiction of the courts of the State of New York in connection with the interpretation or application of the Agreement. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
An exception applies whenever the User can be qualified as Consumer, in which case the court where the Consumer has his/her domicile or residence has the sole jurisdiction.
The sponsorship program that Broadcaster enter into when they join BlogTalkRadio.
The User who creates and shares their audio/video content on BlogTalkRadio.
The User who listens to any audio/video content on BlogTalkRadio.
means any information and material displayed by you on BlogTalkRadio and/or any other part of the Services, but excluding the links to third-party sites, apps, addresses or phone numbers and the content provided by the Owner
Voxnest, Inc 25 Broadway, 9th floor New York 10004 NY - USA
I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:
_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)
(sign if this form is notified on paper)
Indicates the email that the Owner sends as shipping confirmation at the moment when the purchased products, or parts of them, are being dispatched.
Indicates the email that the Owner sends upon receipt of the order.
The service provided by BlogTalkRadio as described in these Terms and in BlogTalkRadio.
These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.
Any user of the Service, whether a human being or legal entity.
BlogTalkRadio collects some Personal Data from its Users.
25 Broadway, 9th floor
New York 10004
NY - USA
Owner contact email: email@example.com
Among the types of Personal Data that BlogTalkRadio collects, by itself or through third parties, there are: Cookies, Usage Data and email address.
Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using BlogTalkRadio.
Unless specified otherwise, all Data requested by BlogTalkRadio is mandatory and failure to provide this Data may make it impossible for BlogTalkRadio to provide its services. In cases where BlogTalkRadio specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.
Users are responsible for any third-party Personal Data obtained, published or shared through BlogTalkRadio and confirm that they have the third party's consent to provide the Data to the Owner.
The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of BlogTalkRadio (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.
The Owner may process Personal Data relating to Users if one of the following applies:
In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
The Data is processed at the Owner's operating offices and in any other places where the parties involved in the processing are located.
Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.
Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.
If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.
The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
The Data concerning the User is collected to allow the Owner to provide its Services, as well as for the following purposes: Registration and authentication, Access to third-party accounts, Handling payments, Analytics, Contacting the User, Managing contacts and sending messages, Advertising, Remarketing and behavioral targeting and User database management.
Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document.
BlogTalkRadio may ask for some Facebook permissions allowing it to perform actions with the User's Facebook account and to retrieve information, including Personal Data, from it. This service allows BlogTalkRadio to connect with the User's account on the Facebook social network, provided by Facebook Inc.
The permissions asked are the following:
By default, this includes certain User’s Data such as id, name, picture, gender, and their locale. Certain connections of the User, such as the Friends, are also available. If the User has made more of their Data public, more information will be available.
Provides access to the User's primary email address.
Enables the app to post content, comments, and likes to a User's stream and to the streams of the User's friends.
Personal Data is collected for the following purposes and using the following services:
This type of service allows BlogTalkRadio to access Data from your account on a third-party service and perform actions with it.
These services are not activated automatically, but require explicit authorization by the User.
This service allows BlogTalkRadio to connect with the User's account on the Facebook social network, provided by Facebook, Inc.
Permissions asked: Email and Publish to the Wall.
This service allows BlogTalkRadio to connect with the User's account on the Twitter social network, provided by Twitter, Inc.
This type of service allows User Data to be utilized for advertising communication purposes displayed in the form of banners and other advertisements on BlogTalkRadio, possibly based on User interests.
This does not mean that all Personal Data are used for this purpose. Information and conditions of use are shown below.
DoubleClick for Publishers is an advertising service provided by Google Inc. that allows the Owner to run advertising campaigns in conjunction with external advertising networks that the Owner, unless otherwise specified in this document, has no direct relationship with. In order to opt out from being tracked by various advertising networks, Users may make use of Youronlinechoices. In order to understand Google's use of data, consult Google's partner policy.
This service uses the “Doubleclick” Cookie, which tracks use of BlogTalkRadio and User behavior concerning ads, products and services offered.
Users may decide to disable all the Doubleclick Cookies by clicking on: www.google.com/settings/ads/onweb/optout?hl=en.
Personal Data collected: Cookies and Usage Data.
OpenX Ad Exchange is an advertising service provided by OpenX Technologies, Inc.
The service provides an ad exchange platform that facilitates the optimization of ads from multiple ad networks, which can be third parties to both OpenX and the Owner.
Personal Data collected: Cookies and Usage Data.
The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.
Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of BlogTalkRadio, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
Personal Data collected: Cookies and Usage Data.
By registering on the mailing list or for the newsletter, the User’s email address will be added to the contact list of those who may receive email messages containing information of commercial or promotional nature concerning BlogTalkRadio. Your email address might also be added to this list as a result of signing up to BlogTalkRadio or after making a purchase.
Personal Data collected: email address.
Unbounce is a service that helps us showing landing pages to our user and let the users ask us to get in touch with them.
Payment processing services enable BlogTalkRadio to process payments by credit card, bank transfer or other means. To ensure greater security, BlogTalkRadio shares only the information necessary to execute the transaction with the financial intermediaries handling the transaction.
Some of these services may also enable the sending of timed messages to the User, such as emails containing invoices or notifications concerning the payment.
PayPal is a payment service provided by PayPal Inc., which allows Users to make online payments.
This type of service makes it possible to manage a database of email contacts, phone contacts or any other contact information to communicate with the User.
These services may also collect data concerning the date and time when the message was viewed by the User, as well as when the User interacted with it, such as by clicking on links included in the message.
MailChimp is an email address management and message sending service provided by The Rocket Science Group, LLC.
Personal Data collected: email address.
By registering or authenticating, Users allow BlogTalkRadio to identify them and give them access to dedicated services.
Depending on what is described below, third parties may provide registration and authentication services. In this case, BlogTalkRadio will be able to access some Data, stored by these third-party services, for registration or identification purposes.
Facebook Authentication is a registration and authentication service provided by Facebook, Inc. and is connected to the Facebook social network.
Twitter Oauth is a registration and authentication service provided by Twitter, Inc. and is connected to the Twitter social network.
This type of service allows BlogTalkRadio and its partners to inform, optimize and serve advertising based on past use of BlogTalkRadio by the User.
This activity is performed by tracking Usage Data and by using Cookies, information that is transferred to the partners that manage the remarketing and behavioral targeting activity.
AdWords Remarketing is a remarketing and behavioral targeting service provided by Google Inc. that connects the activity of BlogTalkRadio with the Adwords advertising network and the Doubleclick Cookie.
Personal Data collected: Cookies and Usage Data.
Facebook Pixel and Custom Audience (Facebook, Inc. and Facebook Ireland Ltd.) Facebook is a social network and an advertising service provided by Facebook, Inc. and Facebook Ireland Ltd.
This type of service allows the Owner to build user profiles by starting from an email address, a personal name, or other information that the User provides to BlogTalkRadio, as well as to track User activities through analytics features. This Personal Data may also be matched with publicly available information about the User (such as social networks' profiles) and used to build private profiles that the Owner can display and use for improving BlogTalkRadio.
Some of these services may also enable the sending of timed messages to the User, such as emails based on specific actions performed on BlogTalkRadio.
Intercom is a User database management service provided by Intercom Inc. Intercom can also be used as a medium for communications, either through email, or through messages within BlogTalkRadio.
Audio.AD is a digital audio advertising service provided by Audio.Ad.
[Place] US and Latin America
DAX is a digital audio advertising service provided by Global Media and Entertainment Limited.
[Place] UK and US
Zingaya is a saas based communication platform provided by Zingaya, Inc.
Qualia is an analytics service provided by Qualia Media.
Authorize.Net is a payment service provided by CyberSource Corporation and its subsidiaries.
TransactionCentral is a mobile payment service provided by Primary Merchant Solutions, Inc.
Please be aware that other users of BlogTalkRadio might re-post or otherwise share what you post, which could include Data such as your name, nickname/screen-name, video and other information about you, as well as information about content that you post. These other users might make such information publicly available. The Owner processes the Data to enable the display on BlogTalkRadio and sharing of such information through BlogTalkRadio by other users.
This Service is not intended for use by children, especially those under age 13. No one under age 13 is allowed to register for the Service or provide any personally identifiable information or use our social, community and public discussion areas, photo and video galleries, chats, and elsewhere. Minors between the ages of 13 and 17, inclusive, must get the permission of their parent(s) or legal guardian(s) before using the Service.
If your children disclose information about themselves in publicly accessible areas of the Service, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so. If you're worried about your children's activities or their privacy on the Service, we encourage you to contact us at the contact details available at the beginning of this document.
On BlogTalkRadio, the Owner provides Broadcasters with the Revenue Engine program in order to allow the latter to monetize the content that they create and share via or through BlogTalkRadio.
In order to execute such program, comply with its legal obligations with the Broadcasters and receive the fees agreed upon with the advertisers, BlogTalkRadio uses the tracking technology linked to the Revenue Engine Program to track and measure ad clicks and impressions.
The reason why we need to keep track of clicks and impressions lies in the fact that these actions determine the amount of revenues paid by advertisers to BlogTalkRadio and the amount of revenues that BlogTalkRadio will pay to Broadcasters.
In light of the above, Listeners must be aware that whenever they click on ads displayed or otherwise showcased during a video or audio broadcast available on BlogTalkRadio, the action shall be tracked for the reasons explained above.
California’s "Shine the Light" law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the business' practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. If you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes or to find out more about your opt-out rights, please contact our Data Controller as described above.
AdsWizz is a digital audio and video advertising service provided by AdsWizz, Inc.
TargetSpot is a digital audio and video advertising service provided by TargetSpot, Inc.
Users may exercise certain rights regarding their Data processed by the Owner.
In particular, Users have the right to do the following:
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.
Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.
The User's Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of BlogTalkRadio or the related Services.
The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.
For operation and maintenance purposes, BlogTalkRadio and any third-party services may collect files that record interaction with BlogTalkRadio (System logs) use other Personal Data (such as the IP Address) for this purpose.
More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.
BlogTalkRadio does not support “Do Not Track” requests.
To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.
Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.
Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
Information collected automatically through BlogTalkRadio (or third-party services employed in BlogTalkRadio), which can include: the IP addresses or domain names of the computers utilized by the Users who use BlogTalkRadio, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.
The individual using BlogTalkRadio who, unless otherwise specified, coincides with the Data Subject.
The natural person to whom the Personal Data refers.
The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of BlogTalkRadio. The Data Controller, unless otherwise specified, is the Owner of BlogTalkRadio.
The means by which the Personal Data of the User is collected and processed.
The service provided by BlogTalkRadio as described in the relative terms (if available) and on this site/application.
Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.
Means any information and material displayed by you on BlogTalkRadio and/or any other part of the Services, but excluding the links to third-party sites, apps, addresses or phone numbers and the content provided by the Owner.
The User who creates and shares their audio/video content on BlogTalkRadio.
The User who listens to any audio/video content on BlogTalkRadio.
The sponsorship program that Broadcasters enter into when they join BlogTalkRadio.
Small sets of data stored in the User's device.
This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).