Terms Of Use and Privacy Policy for French Podcasts.net

Privacy Policy

Last updated September 2018

Your privacy is of paramount importance to French Podcasts. Consequently, this policy applies to information we collect:

  • On this Site
  • When you contact our customer service department for any reason

It does not apply to information collected by:

  • Us through any other means, including on any other affiliated website; or
  • Any third party, including through any application or content (including advertising) that may link to or be accessible from the Site.

Third parties, such as payment processing companies, may have their own privacy policies different from ours, please check with such third party.

If you do not agree with this Privacy Policy or the Terms of Use, you may not use our Site. By accessing or using this Site, you agree to this Privacy Policy and the Terms of Use. This Policy may change from time to time. Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

  1. Who we are

FrenchPodcasts.net (the “Site,” “We,” “Us,” or “Our”) is owned and operated by Shudian Ltd. We respect your privacy and are committed to protecting it through our compliance with this policy. To exercise any of your rights under the Data Protection Act (DPA) 2018, which are detailed below, please contact [frenchpodcasts.net@emailforward.net]

  1. The types of personal data we collect and why we process it

As part of the services we provide, we need to collect the following information from you:

  • Name, email and payment information. This information is only collected if you donate to us or provide this information during any correspondence with us.
  • Your email address if you subscribe to a newsletter (if available) on this website.
  • Your IP address and cookies (please see section 6 below)

We collect this information from you in order fulfil the agreement you have entered by using our website i.e. to provide you with a website that is a collection of tools for people learning French. The service we offer may have elements which are tailored to you, such as targeted advertisements. The information you provide also helps us monitor the use of our website and improve our website and services. We will also use this information to provide you with newsletters, if you have agreed to receive such communications.

  1. Who we share your data with

We may give information about you to the following, who may use it for the same purposes as set out above:

  • Agents who (on our behalf) profile your data so that we may tailor the services we offer to your specific needs e.g. Google Analytics and Piwik
  • To anyone to whom we transfer or may transfer our rights and duties under our agreement with you
  • To contractors, service providers and other third parties we use to support our business

We may also share your personal data if we have a legal duty to do so.

  1. Where we store your data

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Where we specifically ask for your personal data, we will use strict procedures and security features to try to prevent unauthorised access. The information you provide to us is stored on secure servers indefinitely.

  1. Your rights

Under the Data Protection Act (2018) you have the right to:

  • Request a copy of your personal data which we store
  • Request that your personal data is updated or corrected
  • Request the deletion of all your data (in some instances)
  • Request the restriction of the processing of you information
  • Request that the data we hold on you is transferred to another organisations
  • Withdraw your consent regarding the processing of your personal data at any time

If you are unhappy with the way we use your personal data, you have the right to complain to the Information Commissioner’s Office (ICO). You can contact the ICO by telephone on: 0303 123 1113.

If you wish to request any of the above information, please send an e-mail to [frenchpodcasts.net@emailforward.net]

  1. IP Addresses and Cookies

Cookies may be used by us to provide you with, for example, customised information from our web site. A cookie is an element of data that a web site can send to your browser, which may then store it on your system.

Cookies allow us to understand better the pages and advertisements that have been read, to determine how frequently particular pages are visited and to determine the most popular areas of our web site.

Depending on the type of cookie we use, cookies also allow us to make our web site more user friendly. If you wish, you can usually adjust your browser so that your computer does not accept cookies. Alternatively you can adjust your browser to tell you when a website tries to put a cookie on your computer. How you adjust your browser to stop it accepting cookies or to notify you of them, will depend on the type of internet browser programme your computer uses.

Your browser also generates other information, including which language the site is displayed in, and your Internet Protocol address (“IP address”). An IP address is a set of numbers which is assigned to your computer during a browsing session whenever you log on to the Internet via your internet service provider or your network (if you access the Internet from, for example, a computer at work). Your IP address is automatically logged by our servers and used to collect traffic data about visitors to our web sites. We do not use your IP address to identify you personally.

We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence or wilful default.

  1. Changes to Our Privacy Policy

It is our policy to post any changes we make to our Privacy Policy on this page. The date the Privacy Policy was last revised is identified at the top of this Privacy Policy. You are responsible for periodically visiting our Site and this Privacy Policy to check for any changes.

TERMS OF USE

Effective 3rd September 2018

  1. Acceptance These Terms of Use (the “Terms”) apply when you visit French Podcasts (the “Site,” “We,” “Us,” or “Our”). Our Site is owned and operated by Shudian Ltd. By using the Site, you also accept our Privacy Policy below. In case of any discrepancy between the English and any other language version of the Terms and the Privacy Policy, the English version shall prevail. If you do not want to agree to any provision of these Terms of Use or Privacy Policy, you must exit our Site.
  2. Neutral Venue 1. The Site is a collection of reviews of French language podcasts and learn French programmes. 2. WE HAVE NO CONTROL OVER USER CONDUCT. THEREFORE, WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO USER CONDUCT OR USE OF THE SITE CONTENT. WE ARE NOT LIABLE FOR ANY INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT, PROPERTY DAMAGE COMMITTED USING OUR SITE. NO CLAIM, SUIT OR ACTION SHALL BE BROUGHT AGAINST US MORE THAN ONE YEAR AFTER THE RELATED CAUSE OF ACTION HAS OCCURRED.
  3. IP and Takedown Notice 1. Site contents, features and functionality (including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof) are protected by the U.K. and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws. Nothing in this Site limits any intellectual property rights of their respective owners. 2. We respect the intellectual property rights of others and expect the users to do the same. We will respond to claims of copyright infringement committed using our Site if such claims are reported to us. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material.
  4. Site Access 1. By using this Site, you represent and warrant that you are 18 years of age or older. 2. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. See our Privacy Policy for more details on how we use your personal information. 3. You are responsible for making all arrangements necessary for you to have access to the Site. 4. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
  5. Your Use of the Site 1. You agree not to use the Site for any illegal purpose, including but not limited to copyright infringement. 2. You must not: a. Attempt to delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site. b. Submit unsolicited bulk or commercial messages (“spam”) to our Site, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resource. c. Access our Site in order to build a competing service. d. Use the Site for any illegal purposes. You will remain responsible for complying with all laws applicable to your use of the Site. e. Use any robot, spider or other automatic or manual device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site. f. Use the Site in any manner that could interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site. g. Introduce any viruses or other material which is technologically harmful. h. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site or any server, computer or database connected to the Site. i. Otherwise attempt to interfere with the proper working of the Site.
  6. Disputes with Users As a neutral venue, we do not offer mediation, arbitration or any other forms of dispute resolution and do not actively monitor user interactions. Therefore, you are solely responsible for your interactions and disputes with other Site users (participating businesses and consumers). We reserve the right, but have no obligation, to facilitate disputes between the users.
  7. Site Content 1. Content is provided through the Site “AS IS,” and you agree that the use of and reliance on any content is at your own risk, and that under no circumstances shall the Site be liable for any content or for any loss or damage of any kind incurred as a result of the use of any content made available. 2. You acknowledge that the Site does not screen content, and that the Site shall have the right (but not the obligation), at its sole discretion, to refuse access or registration to anyone, modify, delete or move any content, for any reason. 3. The website operates using both adverts and affiliate links. Affiliate links enable the site owner to receive a payment if a sale is made via the link. The use of such links does not signify the endorsement of the website(s) by Shudian Ltd. We have no control, responsibility or liability for the content of such websites and as such, will not be held liable for the information which they contain.
  8. Monitoring and Enforcement; Termination 1. With respect to any user, we have the right to take any action that we deem necessary or appropriate if we believe that such user violates the Terms of Use, threatens the personal safety of users of the Site or the public, or infringes any intellectual property right or other right. We may: a. Terminate or suspend user’s access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use. b. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal, unethical, suspicious (as determined in our sole discretion) or unauthorized use of the Site. c. Seek any other remedy provided for in these Terms of Use or by law. 2. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone using the Site.
  9. Disclaimer of Warranty and Limitation of Liability 1. YOUR USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. IN NO EVENT WILL WE, OUR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. 2. TO THE FLLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. 3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site.
  10. Indemnification You agree to defend, indemnify and hold harmless Shudian Ltd., its affiliates and licensors and their respective officers, directors, employees, contractors, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Site, including, without limitation, any use of the Site’s content, services or goods acquired through the Site.
  11. Assignment You may not assign any of the obligations under these Terms of Use without our prior written consent. We may transfer, assign or subcontract the rights, interests or obligations under the Terms of Use, at our sole discretion, without obtaining your consent.
  12. Severability and Non-Waiver 1. Should any part of these Terms of Use be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Use should not invalidate the remaining portions thereof, and they shall remain in full force and effect. 2. Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances.
  13. Electronic Communications You agree that all notices or other communications regarding your account and/or your use of the Site (“Communications”), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
  14. Governing Law and Jurisdiction These Terms of Use and any dispute or claim arising out of or in connection with (i) the Terms of Use including their subject matter and formation (including non-contractual disputes or claims); and/or (ii) your use of the Site, shall be governed by and construed in accordance with the law of England and the parties irrevocably agree to submit to the jurisdiction of the English Courts to settle any such claim or dispute.
  15. Modifications We may revise and update these Terms of Use from time to time in our sole discretion, without prior notice to you. The date of the last update is indicated at the top of this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you if you continue using the Site after the Terms have been updated.
  16. Relationship of the Parties The relationship between the parties established by these Terms of Use shall be solely that of independent contracting parties. Users shall have no right, power or authority in any way to bind us to the fulfilment of any condition not herein contained, or to any contract or obligation, expressed or implied. Nothing contained in these Terms shall be construed to make user our agent for any purpose, and neither party hereto shall have any right whatsoever to incur any liabilities or obligations on behalf or binding upon the other party.

17. Contact All feedback, comments, requests for technical support and other communications relating to the Site should be directed to us via email at [frenchpodcasts.net@emailforward.net]

 

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