Last Revised: March 19, 2020
2.1. Overview. Our primary goals are to provide and improve our products and services, to provide quality customer service, to respond to your and to enable users to effectively navigate the Site. We may collect Personal Data and Non-Personal Data about you and process the same as set forth herein.
2.3. When you give us your information. You may give us your Personal Data in the following ways: (i) if you sign up for a demo, (ii) sign up for newsletters, (iii) send us an e-mail, and/or sign up for our Services, and (iv) if you are an Advocate or Friend (as that term is defined in the Talkable Referral Program Terms of Service) and want to sign up for the Talkable Referral Program.
We do not collect Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.
We have set out below, in a table format, a description of all the ways we plan to use your Personal Data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your Personal Data for more than one lawful ground depending on the specific purpose for which we are using your data. Contact us at firstname.lastname@example.org if you need details about the specific legal ground we are relying on to process your Personal Data where more than one ground has been set out in the table below.
|PURPOSE/ACTIVITY||TYPE OF DATA||LAWFUL BASIS FOR PROCESSING INCLUDING BASIS OF LEGITIMATE INTEREST|
|For the purposes of your subscription and the administration of our Site and Services||
|Performance of our agreement with you|
|To carry out Services||
(c) Marketing and Communications
|Performance of our agreement with you|
|To improve and provide you with customer service||
(d) Marketing and Communications
(a) Performance of our agreement with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our Site/Services)
|To administer and maintain our Site and Services (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||
(a) Necessary for our legitimate interests (for running our business, provide for the administration and IT services, network security, and to prevent fraud)
(b) Necessary to comply with our legal obligations
|To contact you (including sending information and updates relating to our Site and Services)||
(e) Marketing and Communications
|Necessary for our legitimate interests (to study how users use our Site and Services, and to develop them)|
|To use data analytics to improve our Site and Services, marketing, customer relationships and experiences||
|Necessary for our legitimate interests (to define types of users for our products and services, to keep our Site and Services updated and relevant and to inform our marketing strategy)|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||
|Necessary for our legitimate interests (to develop our Services)|
|To provide a personalized experience, including providing personalized discount offers||
(e) Marketing and Communications
We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please us at email@example.com .
If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
PLEASE NOTE THAT WE MAY PROCESS YOUR PERSONAL DATA WITHOUT YOUR KNOWLEDGE OR CONSENT, IN COMPLIANCE WITH THE ABOVE RULES, WHERE THIS IS REQUIRED OR PERMITTED BY LAW.
6.1. Non-Personal Data. Non-Personal Data means data that is not associated with or linked to your Personal Data; Non-Personal Data does not, by itself, permit the identification of individual persons.
6.2. Log Data. When you visit the Site, we automatically collect technical and statistical data about your visit, such as your browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data, the pages you visit and any search terms you use (“Log Data”).
6.3. IP Address. We also collect your public IP address when you visit the Site. We may use your public IP address in order to determine whether certain requests are fraudulent or frivolous and we may automatically cross-reference your public IP address with your domain name (usually the domain name of your ISP or employer). Because you may be visiting the Site from your personal residence (for example, because you are telecommuting), your IP address and any associated domain name are treated as “Personal Network Information” instead of Personal Data. “Log Data” does not include Personal Network Information. Although such Personal Network Information may be used to administer and maintain the Site and Services, it is not shared with any third parties, except as described below in the sections titled “Service Providers,” “Compliance with Laws and Law Enforcement” and “Business Transfers”. We will use Log Data for any purpose. PLEASE NOTE: DEPENDING ON YOUR JURISDICTION YOUR IP ADDRESS MAY BE CONSIDERED PERSONAL DATA. IN ALL SUCH CASES IT WILL BE ACCORDINGLY TREATED AS SUCH.
6.5. Web Beacons/Tags. We automatically collect aggregate anonymous information through web beacons. We may also deliver a file to you through the websites (known as a “web beacon”) from an advertising network with which we have contracted. Website beacons allow third parties to provide anonymized, aggregated auditing, research and reporting for us.
6.6. Targeted Advertising. Third-party advertising companies serve ads on our behalf across the Internet. They may collect anonymous information about you through cookies and/or web beacons on our Site, and then display targeted ads on various sites that you visit. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here (or if located in the European Union click here ). Please note this does not opt you out of being served ads. You will continue to receive generic ads, or, to opt out of third-party advertising or analytics, please see section “Your Choices” below.
6.7. Use of Non-Personal Data. We may also use your Log Data and Personal Network Information to: (i) administer our Site and Services for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; (ii) improve our Site to ensure that content is presented in the most effective manner for you and for your device; (iii) allow you to participate in interactive features of our Service and Site, when you choose to do so; (iv) as part of our efforts to keep our Site and Services safe and secure.
6.8. Pixel Tags. In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to users. We do not tie the information gathered by Pixel Tags to Personal Data.
After removing any information that would personally identify you from within the set of Personal Data, Personal Network Information and Log Data we collect from you, we may combine that information with information we collect from other users and customers (collectively the “Aggregated Data”) in order to improve the quality and value of Services and to analyze and understand how our Site is used. We may share Aggregated Data (after stripping of any information that would personally identify you) and Log Data with third parties for industry analysis, demographic profiling, and other purposes.
8.1. How You Can Access or Correct Your Information. You can access a variety of your Personal Data that we collect online and maintain it either online, or by contacting our customer service representatives via e-mail at firstname.lastname@example.org . We use this procedure to better safeguard your information. You can correct factual errors in your Personal Data by sending us a request that credibly shows error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
8.2. How You Can Request for Your Information To Be Deleted. You can ask us to erase or delete all or some of your Personal Data (provided it is no longer necessary for legal purposes or to provide services to you). You may place a request by contacting our customer service representatives via e-mail at email@example.com . We will delete all your Personal Data that we are not legally required to maintain within 30 days. We will also take reasonable steps to verify your identity before proceeding with deletion. Please realize that if you initialize this request while you have outstanding orders, those orders will be cancelled.
8.3. Opting out.
9.1. Service Providers. We may from time to time use certain third-party business partners, suppliers, and sub-contractors (“Services Providers” or “Subprocessors”) to perform Site-related services (for example, without limitation, website hosting, maintenance services, database management, Web analytics, and improvement of our Site and Services. These Service Providers have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. For a list of Talkable's current Subprocessors, please see here .
9.2. Merchants. If you are an Advocate or a Friend, we will also share your Personal Data with the Merchant (as that term is defined in the Talkable Referral Program Terms of Service) in order to provide the functionality of the Services (as that term is defined in the Talkable Referral Program Terms of Service). The Merchant may contact you in relation to Merchant’s own goods and/or services, or for their own marketing and promotional purposes. In certain cases, we may also share behavioral information, including how you interact with the Services (as defined in the Talkable Referral Program Terms of Service). While this behavioral information may not personally identify you on its own, this information may be combined with other Personal Data, either by us or the Merchant.
9.3. Third-Party Merchants. If you are an Advocate or a Friend, we will also share your Personal Data with the Third-Party Merchants (as that term is defined in the Talkable Referral Program Terms of Service) in order to provide the functionality of the Services (as that term is defined in the Talkable Referral Program Terms of Service). The Third-Party Merchants may contact you in relation to their own goods and/or services, or for their own marketing and promotional purposes. In certain cases, we may also share behavioral information, including how you interact with the Services (as defined in the Talkable Referral Program Terms of Service). While this behavioral information may not personally identify you on its own, this information may be combined with other Personal Data, either by us or the Third-Party Merchants.
9.4. Compliance with laws and law enforcement. Talkable cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose your Personal Data to government or law enforcement officials or private parties in response to lawful requests if we are under a duty to disclose or share your Personal Data in order to comply with any legal obligation (such as to meet national security or law enforcement requirements), to enforce or apply our terms and conditions or respond to claims and legal process, to protect the property and rights of Talkable or a third party, to protect the safety of the public or any person, or to prevent or stop any illegal, unethical or legally actionable activity (including for the purposes of fraud protection).
9.5. Business Transfers/Corporate Restructuring. If Talkable is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via e-mail and/or a prominent notice on our Site of any change in ownership or uses of your Personal Data, as well as any choices you may have regarding your Personal Data.
10.1. California Privacy Rights. Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To request a copy of the information disclosure provided by us pursuant to Section 1798.83 of the California Civil Code, please contact us at the below address:
475 Valencia St, 2nd Floor
San Francisco, CA 94103
10.2. California Do Not Track Disclosure. Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not recognize or respond to Do Not Track browser settings or signals and we will still receive information. As a result, we may still collect information about you and your internet activity, even if you have turned on the Do Not Track signal. It is possible that some or all of our third-party advertising partners or members of their affiliate network may participate in a consumer opt-out programs. To learn more about internet-based advertising and consumer opt-out programs go to https://aboutads.info/choices/ or https://www.networkadvertising.org/choices/ . We do not operate or control these sites, and are not responsible for the opt-out choices available there.
10.3 California Consumer Privacy Act. For purposes of this Section 10.3 only, the terms “personal information,” “collection,” “sell,” “business purpose” and “commercial purpose” have the meaning given to them under the California Consumer Privacy Act of 2018 (the “CCPA”).
Disclosure and deletion requests. You have the right to request that we disclose to you what personal information about you we collect, use, disclose and sell. Subject to certain limitations in the CCPA, you also have the right to request that we delete your personal information. You may submit such a request by contacting us at firstname.lastname@example.org , or write us at the address listed in Section 24. Additionally, you may submit an online request form . If you submit a request by email, your email must include “California Request” in the subject line. We will only use personal information provided in an online quest form to verify the requestor’s identity or authority to make the request. We will not discriminate against you for exercising your rights under the CCPA.
Right to opt out. The CCPA also provides California consumers the right to opt out of the sale of their personal information. As explained in this Policy, we do not sell the personal information of our users.
Verification. We reserve the right to verify any request made under the CCPA by asking you to provide supporting documentation that the request is submitted by you, although we are not obligated to verify a request. You may also choose to have an agent submit a request on your behalf, in which case we may, but are not obligated to, verify that the agent is authorized to act on your behalf. We assume no responsibility for responding to any consumer requests.
11.1. International Data Transfer. Information collected in the European Economic Area (“EEA”) may be transferred, stored and processed by us and our services providers in the United States and other countries whose data protection laws may be different than the laws of your country. Whenever we transfer your Personal Data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented. In particular, we will try to ensure that any transfer of your Personal Data will be to countries that have been deemed to provide an adequate level of protection for Personal Data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries . Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to Personal Data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield. If the provider is not registered with Privacy Shield, or if the provider is not in a country that has been deemed to provide an adequate level of protection for Personal Data by the European Commission, we will enter into the European Commission’s model contracts for the transfer of personal data to third countries (i.e., the standard contractual clauses pursuant to Decision 2010/87/EU) with the relevant provider.
Please contact us at email@example.com if you want further information on the specific mechanism used by us when transferring your Personal Data out of the EEA.
Under certain circumstances, you have rights the following rights under Data Protection laws:
12.1. Request access to your Personal Data. Request access to your Personal Data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
12.2. Request correction of your Personal Data. Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
12.3. Request erasure of your Personal Data. Request erasure of your Personal Data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
12.4. Object to processing of your Personal Data. Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which overrides your rights and freedoms.
12.5. Request restriction of processing your Personal Data. Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (i) if you want us to establish the data’s accuracy; (ii) where our use of the data is unlawful but you do not want us to erase it; (iii) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (iv) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
12.6. Request transfer of your Personal Data. Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
12.7. Right to withdraw consent. Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us at firstname.lastname@example.org .
13.1. No fee usually required. You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
13.2. What we may need from you. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
13.3. Time limit to respond. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
15.1. General. If you reside in E.U. and have any questions or concerns regarding the use or disclosure of Personal Data, you should first contact us for assistance. We will promptly investigate and attempt to resolve all complaints regarding our use of Personal Data. In the event we are unable to mutually resolve a complaint; we will work with you and agree to refer your complaint to an independent dispute resolution mechanism. In the event we are unable resolve your claim, you should contact our U.S. based third party dispute resolution provider free of charge at https://www.jamsadr.com/eu-us-privacy-shield . In certain instances conditions, described on the Privacy Shield’s website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint , you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
15.2. Questions and concerns. Any questions or concerns regarding the use or disclosure of Personal Data should first be directed us. We will promptly investigate and attempt to resolve all complaints regarding our use of Personal Data. In the event we are unable to mutually resolve a complaint; we will work with you and agree to refer your complaint to an independent dispute resolution mechanism. You may also work with the Data Protection Authority in your country: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm to assist with this process as well.
16.1. General. You may modify the information you have provided to us at any time through your Account. You can also opt-out of receiving marketing communications, deactivate, or delete your Account at any time.
16.2. Data Protection Officer. We have appointed a Data Protection Officer to ensure continued commitment to privacy and security practices. For further information please contact us at: email@example.com .
We maintain (and requires its subcontractors and service providers to maintain) appropriate organizational and technical measures designed to protect the security and confidentiality of any information we process. However, no organizational or technical measures are 100% secure so you should take care when disclosing information online and act reasonably to protect yourself online.
(a) How long will you use my Personal Data for?
We will only retain your Personal Data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six (6) years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: Please contact us for further information.
In some circumstances we may anonymize your Personal Data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
We are concerned with safeguarding your information. We employ generally accepted standards of administrative, physical, procedural, and technological measures designed to protect your information from unauthorized access, both during transmission and once it is received. If you have any questions about the security of your Personal Data, you can contact us at firstname.lastname@example.org .
However, please note that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, although Talkable complies with its legal obligations in respect of the security of your Personal Data we cannot guarantee its absolute security.
Neither our Site nor Services are directed to children under 16. If a parent or guardian becomes aware that his or her child has provided us with personal or contact information without their consent, he or she should contact us at email@example.com . If we become aware that a child under 16 has provided us with Personal Data, we will delete such information from our files immediately.
If you have any questions or complaints about how we use your Personal Data, please contact us at:
475 Valencia St, 2nd Floor
San Francisco, CA 94103