Client's privacy is important to Spokenote, and Spokenote is committed to the protection of Client's Personal Information (as defined below). Spokenote's Privacy Policy (this “Privacy Policy”) exists to help Client understand what information Spokenote collects, how Spokenote collects it and uses it, and what choices Client has with regards to such information. To make sure Client's Personal Information is secure, Spokenote communicates Spokenote's privacy and security guidelines to Spokenote employees and strictly enforces privacy safeguards within the company. Please read this Privacy Policy before using, or accessing the Services, or providing any Personal Information to Spokenote. If Client does not wish to have Client's Personal Information used and disclosed as provided in this Privacy Policy, Client should refrain from providing Personal Information to Spokenote and/or delete the Personal Information Client previously submitted to Spokenote. Further assistance is available via email to legal@Spokenote.com. Additional information regarding privacy matters can be found in the spokenote, Inc. Terms of Service. All capitalized terms that are not defined in this Privacy Policy have the meaning given to them in the spokenote, Inc. Terms of Service.
Personal information is data relating to a client that can be used to help uniquely identify such Client, either directly or indirectly, and may include: a name, home and email addresses, date of birth, phone number, financial information, professional-related information, device identification and usage, certain cookie and network identifiers, and other Client information as may be updated from time to time (the “Personal Information”). Client may be asked to provide Personal Information when in contact with Spokenote or when using the Services.
Spokenote may use Client's Personal Information for purposes such as auditing, data analysis, and research to improve the Services. Spokenote and Spokenote's partners may share Personal Information and use it as described in this Privacy Policy. Such information may be combined with other information to provide and improve the Services and Spokenote's advertising. This Privacy Policy does not cover and is not intended to restrict what Spokenote does with data that is aggregated and anonymized.
By using the Services, Client consents to Spokenote's use of Client's Personal Information for marketing purposes. Spokenote may use Client's Personal Information to conduct marketing and data analysis or to send Client updates and news concerning Spokenote and Spokenote's business partners. If Client would like Spokenote to stop using Client's Personal Information for these purposes, Client should email Spokenote at legal@Spokenote.com.
When Client uses the Services, downloads or installs the Software, creates an account, completes a survey, or downloads an update to the Software, Spokenote may collect Personal Information, contact preferences, credit card information and payment history. Spokenote may also collect such information when Client contacts Spokenote in person (for example, at clinics, conferences, workshops, seminars and other events), via telephone, facsimile or email. When Client sends Spokenote an email, Client's email address will be recorded automatically for purposes of replying to Client's email. By using the Services, Client is subscribing to Spokenote's electronic newsletter and is consenting to any and all updates to the Services and/or Software, which may include information about new features and additions to the Services. Client may unsubscribe from this content by contacting Spokenote at legal@Spokenote.com.
Spokenote may receive and store certain types of third party website usage information when Client uses the Services. Website usage information helps Spokenote determine what type of content is most popular and which visitors are interested in what particular content and advertising. Spokenote may collect the pages visited, the time such pages were visited, and other information about Client's engagement with such third party websites. Spokenote may also collect Client's IP address and Client's device identifier, which is a number automatically assigned to the cell phone or tablet used to access the Internet.
Spokenote uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the Services, and such third party vendors may collect and store Personal Information on behalf of Spokenote. Spokenote incorporates reasonable safeguards to help protect and secure Client's Personal Information. However, no data transmission over the Internet, wireless transmission, or electronic storage of information can be guaranteed to be One Hundred Percent (100%) secure. Please note that Spokenote cannot ensure or warrant the security of any information Client transmits via the Services, and Client does so at Client's own risk.
There are circumstances where Spokenote may wish to disclose or is compelled to disclose Client's Personal Information to third parties. Spokenote may share Client's Personal Information with Spokenote subsidiaries, branches or associated offices, Spokenote partners, vendors, licensees, agents, representatives, distributors, independent contractors, legal advisors, Spokenote's other professional advisors, and/or to any other third party where Client has provided Client's permission.
Any disclosure to third parties will only take place in accordance with the applicable law and for the purposes listed herein. These scenarios include disclosure: (a) as required to provide the Services to the Client; (b) in order to provide partner-sponsored feature enhancements; (c) when necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the spokenote, Inc. Terms of Service, or as otherwise required by law; (d) on a temporary or permanent basis for the purposes of a joint venture, collaboration, financing, sale, merger, reorganization, change of legal form, dissolution or similar event (in the event Spokenote is acquired by or merges with another company, Client will be notified before Client's Personal Information is transferred); (e) to protect the security or integrity of Spokenote's business, including Spokenote's databases and systems, and for business continuity reasons; (f) to Spokenote's legal advisors who may need to manage or litigate a claim; and (g) for any other purpose when Spokenote has Client's permission.
A cookie is a small amount of data that often includes an anonymous unique identifier that is stored on a device (the "Cookie" or "Cookies"). When Client accesses the Services, Cookies may be sent to and stored on Client's mobile device. Spokenote uses Cookies to record information about Client's online preferences and allows Spokenote to tailor the Services to Client's interests. Information supplied by Cookies can help Spokenote understand the profile of Client and help Spokenote provide Client with a better user experience. It also helps Spokenote to recognize when Client is signed into or accessing the Services, which will allow Spokenote to provide Client with a more personalized experience. Additionally, Spokenote uses Cookies for targeted advertising. When Client uses the Services, Client may be presented with Cookies from third party websites and these third party Cookies may track Client's use of the Services. Spokenote does not control the dissemination of these third party Cookies and Client should check the relevant third party's website for more information.
Client's Personal Information will be retained for as long as it is necessary to carry out the purposes set forth in this Privacy Policy (unless longer retention is required by applicable law). However, Spokenote will not retain any of Client's Personal Information beyond this period and the retention of Client's Personal Information will be subject to periodic review. Spokenote may keep an anonymized form of Client's Personal Information for statistical purposes without time limits, to the extent that Spokenote has a legitimate and lawful interest in doing so.
Spokenote is committed to safeguarding all Personal Information that Client provides to Spokenote. Spokenote seeks to ensure that Personal Information is secure and will take all reasonable steps to ensure that personal privacy is respected. All Spokenote data is stored in written or electronic form on Spokenote's servers and computers and in various physical locations. Spokenote maintains physical, electronic and procedural safeguards to protect Client's Personal Information from misuse, unauthorized access or disclosure, and loss or corruption by computer viruses and other sources of harm.
Spokenote complies with the data protection and privacy laws to which it is subject. Client should become familiarized with those laws, including any exceptions which may apply under such laws. Client should also be aware that privacy laws in various jurisdictions may change from time to time. Except to the extent expressly stated otherwise in this Privacy Policy, Spokenote accepts no obligations with respect to the handling of Personal Information other than those mandated by law in the country which has or countries which have jurisdiction over Spokenote in any given circumstances.
Spokenote complies with the Children's Online Privacy Protection Act (“COPPA”), which requires the consent of a parent or guardian for the collection of personally identifiable information from children under thirteen (13) years of age. Spokenote does not knowingly collect, use or disclose Personal Information from children under thirteen (13), or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent. However, it is possible that Spokenote may inadvertently receive information pertaining to children under thirteen (13). If Client believes that Spokenote has received information about Client's child who is under the age of thirteen (13), please do not hesitate to notify Spokenote. When Spokenote receives Client's notification, Spokenote will obtain Client's consent to retain the information or will delete it permanently. For purposes of the California Consumer Privacy Act (“CCPA”), Spokenote does not sell the personal information of consumers that Spokenote knows are minors under 16 years of age without affirmative authorization as required under the CCPA.
The CCPA gives California Clients certain rights to Personal Information that Spokenote has collected. Under California law, the exercise of these rights is subject to certain exemptions to safeguard public interests (such as the prevention or detection of crime) and Spokenote's interests (such as maintaining confidentially when legally required). Spokenote will comply with Client's request as soon as reasonably practicable. Requests to exercise Client's rights may be granted in whole, in part, or not at all, depending on the scope and nature of the request and applicable law. To prevent unauthorized access to Client's Personal Information, Spokenote takes steps to verify a Client's right to the data. Following verification of Client's identity, Spokenote will notify Client if Spokenote is unable to fulfill Client's request and outline the reasons Spokenote is unable to honor Client's request at this time.
Client has the right to: (a) ask Spokenote for confirmation on whether Spokenote is processing Client's Personal Information, and if Client can access such Personal Information as permitted by law (this may include what Personal Information Spokenote collects, uses, or discloses about Client); (b) ask Spokenote to delete Client Personal Information, as permitted by law; and (c) opt-out of certain data sharing practices with third-parties who may use Client Personal Information solely for their own purposes (Client's right to opt-out is limited to information Spokenote sells to these third-parties, if any, which means the disclosure of data, including technical device data that does not identify Client directly, when a third-party might use that data for its own purposes, such as for personalized advertising). Additionally, California Civil Code Section 1798.83 permits California Clients to request and obtain from Spokenote a list of what Personal Information, if any, Spokenote disclosed to third-parties for that third-party's direct marketing in the preceding calendar year, as well as the names and addresses of those third-parties. Spokenote will not discriminate against Client, in terms of price or the Services that Spokenote offers, if Client submits one of the rights requests listed in this Section 10. To exercise Client's rights to Client's Personal Information or for instructions on how to exercise Client's rights, please contact Spokenote at legal@Spokenote.com.
If Client is located in the European Union (“EU”) and/or European Economic Area (“EEA”), to process Client's Personal Information lawfully Spokenote needs to rely on one or more valid legal grounds. The grounds Spokenote may rely upon include: (a) Client's consent to particular processing activities (for example, where Client has consented to Spokenote using Client's Personal Information for marketing purposes); (b) Spokenote's legitimate interests as a business except where Client's interests or fundamental rights override such interests (for example, it is within Spokenote's legitimate interests to use Client's Personal Information to send Client Spokenote's electronic newsletter and updates unless Client has unsubscribed); (c) Spokenote's compliance with a legal obligation to which Spokenote is subject (for example, Spokenote has a duty to investigate and respond to complaints made against Spokenote and may need to process Client's Personal Information as part of such investigation); or (d) if Client is a client, or is representing a client, because processing Client's Personal Information is necessary for the performance of a contract.
Please contact Spokenote at legal@Spokenote.com at any time to exercise any of Client's data protection rights. Data protection law applicable to individuals in the EU and/or EEA provides individuals with certain rights, including the right to access, rectify, withdraw consent, erase, restrict, transport, and object to the processing of Client Personal Information. Client also has the right to lodge a complaint with the relevant information protection authority if Client believes that Client's Personal Information is not being processed in accordance with the law. Specifically, Client may have the right to: (a) obtain a copy of the Personal Information Spokenote has about Client; (b) request that Spokenote rectify any inaccurate Personal Information and/or complete any incomplete Personal Information (if Spokenote disagrees and believes such information to be accurate and complete, Spokenote will advise Client and include a notation on the record that Client disputes the information's accuracy. Spokenote will respond to Client's request to correct or supplement Client's Personal Information within a reasonable time period or within any time period specified in relevant laws); (c) as permitted by law, withdraw Client's consent to the processing of Client's Personal Information at any time (such withdrawal will not affect the lawfulness of processing based on Client's previous consent. Please note that if Client withdraws Client's consent, Client may not be able to benefit from certain features of the Services for which the processing of Client's Personal Information is essential); (d) as permitted by law, request that Spokenote stop processing Client's Personal Information (Client also has the right to ask Spokenote not to process Client's Personal Information for marketing purposes); and (e) request that Spokenote erase Client's Personal Information for which Spokenote must comply, unless there is a lawful reason for not doing so. Spokenote suggests that Client contact Spokenote regarding any questions relating to this Section 11 or if Client has a complaint in relation to how Spokenote processes Client's Personal Information. However, Client does have the right to contact the relevant supervisory authority in such relevant country directly.
Individuals in the EU should be aware that Spokenote may transfer Client's Personal Information to a third-party in countries outside the EU for further processing in accordance with the purposes set forth in this Privacy Policy. In particular, Client's Personal Information may be transferred to Spokenote's outsourced service providers located abroad. In these circumstances, Spokenote will, as required by applicable law, ensure that Client's privacy rights are adequately protected by appropriate technical, organization, contractual or other lawful means. Individuals in the EU, EEA, or Switzerland with inquiries or complaints regarding this Privacy Policy should first contact legal@Spokenote.com.
Spokenote may periodically update this Privacy Policy. The most current version of this Privacy Policy will govern Spokenote's use of Client's Personal Information and will always be available on the website and mobile application. Spokenote will notify Client about material changes in the way Spokenote treats Personal Information by sending a notice to the email address specified in Client's membership account or by placing a prominent notice on the website and mobile application.