Privacy Policy

Effective Date: 28 January 2020

Last Updated: January 28, 2021

WE AT TALKLET VALUE YOUR PRIVACY AND ARE COMMITTED TO KEEPING YOUR PERSONAL DATA CONFIDENTIAL. WE USE YOUR DATA SOLELY IN THE CONTEXT OF PROVIDING A SECURE PLATFORM THAT CONNECTS QUALIFIED LISTENERS TO USERS WHO WANT TO TALK AND FEEL HEARD. USERS CAN BOOK SESSIONS ON THE PLATFORM, AND WILL HAVE 30 MINUTES TO VOICE THEIR THOUGHTS TO A TRAINED LISTENER VIA A VIDEO CALL.

THIS PRIVACY POLICY APPLIES TO PERSONAL DATA TALKLET COLLECTS FROM USERS OF THE TALKLET PLATFORM (THE “PLATFORM”). “PERSONAL DATA” INCLUDES ANY INFORMATION THAT CAN BE USED ON ITS OWN OR WITH OTHER INFORMATION IN COMBINATION TO IDENTIFY OR CONTACT ONE OF OUR USERS. WE BELIEVE THAT TRANSPARENCY ABOUT THE USE OF YOUR PERSONAL INFORMATION IS OF UTMOST IMPORTANCE. IN THIS PRIVACY POLICY, WE PROVIDE YOU DETAILED INFORMATION ABOUT OUR COLLECTION, USE, MAINTENANCE, AND DISCLOSURE OF YOUR PERSONAL DATA. THE POLICY EXPLAINS WHAT KIND OF INFORMATION WE COLLECT, WHEN AND HOW WE MIGHT USE THAT INFORMATION, HOW WE PROTECT THE INFORMATION, AND YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION.

SOME OF THE PERSONAL DATA WE COLLECT AND TRANSMIT WILL, IN SOME CIRCUMSTANCES, BE CONSIDERED “HEALTH DATA” (data related to a user’s physical or mental health). THEREFORE, OUR PRIVACY PRACTICES ARE INTENDED TO COMPLY WITH STATE LAW RELATED TO HEALTH DATA, WHERE APPLICABLE. FOR ADDITIONAL INFORMATION RELATED TO YOUR HEALTH DATA, PLEASE CONTACT OUR PRIVACY OFFICER AT [INSERT CONTACT INFORMATION – PHONE AND EMAIL.]

BY SUBMITTING YOUR PERSONAL DATA THROUGH THIS PLATFORM, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND AGREE TO THE TERMS OF THIS POLICY. IF YOU DO NOT AGREE, PLEASE DO NOT LOG INTO OR ACCESS THE PLATFORM AND DO NOT SUBMIT ANY PERSONAL DATA TO US.

PLEASE NOTE THAT WE OCCASIONALLY UPDATE THIS PRIVACY POLICY AND THAT IT IS YOUR RESPONSIBILITY TO STAY UP TO DATE WITH ANY AMENDED VERSIONS. IF WE MODIFY THE PRIVACY POLICY, WE WILL POST A LINK TO THE MODIFIED TERMS ON OUR WEBSITE AND WILL ALSO NOTIFY YOU VIA EMAIL. YOU CAN STORE THIS POLICY AND/OR ANY AMENDED VERSION(S) DIGITALLY, PRINT IT, OR SAVE IT IN ANY OTHER WAY. ANY CHANGES TO THIS PRIVACY POLICY WILL BE EFFECTIVE IMMEDIATELY UPON PROVIDING NOTICE, AND SHALL APPLY TO ALL INFORMATION WE MAINTAIN, USE, AND DISCLOSE. IF YOU CONTINUE TO USE THE PLATFORM FOLLOWING SUCH NOTICE, YOU ARE AGREEING TO THOSE CHANGES.

In case you have any questions or concerns after reading this Privacy Policy, please do not hesitate to contact us at [email protected]. We appreciate your feedback. If you do not agree or no longer agree to the processing of personal information as described in this Privacy Policy, you can delete your account by notifying us by email at [email protected].

Responsible Entity

Talklet Inc. (“We”, “Us”, “the Company”) is the controller of Your Personal Data and may process this data in accordance with the Privacy Policy. If We are processing Personal Data on behalf of a third party that is not an agent or affiliate of Company, the terms of this Privacy Policy do not apply—instead, the terms of that third party’s privacy policy will apply. You can contact Us with any questions about our Privacy Policy at [email protected].

Links to Other Sites

Our Platform may contain links to websites and services that are owned or operated by third parties (each, a “Third-party Service”). Any information that You provide on or to a Third-party Service or that is collected by a Third-party Service is provided directly to the owner or operator of the Third-party Service and is subject to the owner’s or operator’s privacy policy. We’re not responsible for the content, privacy or security practices and policies of any Third-party Service. To protect Your information, We recommend that You carefully review the privacy policies of all Third-party Services that You access.

What Personal Data do we collect?

We collect Personal Data, which includes the following types of data, and we and may include Health Data. The types of Personal Data We collect are described below.

Demographic Data

We collect demographic information, such as Your name, birth year, gender, phone number, physical address, and email address. Primarily, the collection of Your Personal Data assists us in creating your User Account and for payment purposes, which You can use to securely to receive the Services.

Listener Data

If You are providing services as a listener on the Platform, in addition to demographic data, We will also collect information regrading Your education, Your work and field placement history, the state in which You currently reside, Your transcript, Your resume, and Your availability to provide listening services. Primarily, the collection of this data allows Us to evaluate Your eligibility to provide listening services on the Platform.

Audio and Video Recording

We may record and retain audio and video recordings of listening sessions solely for conducting quality assurance reviews and for reference purposes.

Payment Data

If you make payments via our Platform, We may require that You provide to Us Your financial and billing information, such as billing name and address, credit card number or bank account information.

Support Data

If you contact Us for support or to lodge a complaint, We may collect technical or other information from You through log files and other technologies, some of which may qualify as Personal Data. (e.g., IP address). Such information will be used for the purposes of troubleshooting, customer support, software updates, and improvement of the Platform and related services in accordance with this Privacy Policy. Calls with Talklet may be recorded or monitored for training, quality assurance, customer service, and reference purposes.

Device, Telephone, and ISP Data

We use common information-gathering tools, such as log files, cookies, web beacons, and similar technologies to automatically collect information, which may contain Personal Data, from Your computer or mobile device as you navigate our Platform or interact with emails We have sent You. The information We collect may include your Internet Protocol (IP) address (or proxy server), device and application identification numbers, location, browser type, Internet service provider and/or mobile carrier, the pages and files You viewed, Your searches, Your operating system and system configuration information, and date/time stamps associated with Your usage. This information is used to analyze overall trends, to help Us provide and improve our Services and to guarantee their security and continued proper functioning.

How will We use Your Personal Data?

We process your Personal Data for purposes based on legitimate business interests, the fulfillment of our Services to You, compliance with Our legal obligations, and/or Your consent. We only use or disclose Your Personal Data when it is legally mandated or where it is necessary to fulfill the purposes described herein. Where required by law, we will ask for your prior consent before doing so.

Specifically, we process Your Personal Data for the following legitimate business purposes:

To fulfill our obligations to You under the Terms of Use
To communicate with You about and manage Your User Account
To properly store and track Your data within our system
To respond to lawful requests from public and government authorities, and to comply with applicable state/federal law, including cooperation with judicial proceedings or court orders.
To protect Our rights, privacy, safety or property, and/or that of You or others by providing proper notices, pursuing available legal remedies, and acting to limit Our damages
To handle technical support and other requests from You
To enforce and ensure your compliance with Our Terms of Use or the terms of any other applicable services agreement We have with You
To manage and improve Our operations and the Platform, including the development of additional functionality
To manage payment processing
To evaluate the quality of service You receive, identify usage trends, and thereby improve Your user experience
To keep Our Platform safe and secure for You and for Us
To send You information about changes to our terms, conditions, and policies
To allow Us to pursue available remedies or limit the damages that We may sustain
If you are a User, to provide access to the Listeners with whom you choose to connect on the Platform, to enable that individual to connect with you and to follow up with you, as they deem appropriate.

Where is your Personal Data processed?

Personal Data Talklet collects through the Platform will be stored on secure servers in the United States. Personal Data may be transmitted to third parties, which parties may store or maintain the data on their secure servers. These third parties are not permitted to transfer your Personal Data outside of the United States.

Will We share your Personal Data with anyone else?

If you are a User, Yes, with the Listener(s) with whom you choose to connect on the Platform (“Listener”).

We will share Your User Name as well as Your name with the Listener with whom connect via the Platform. If, at any point, you want to deny access to one or more Listeners, you can do so by emailing [email protected].

Yes, with third parties that help us power our Platform.

Talklet has a limited number of service providers and other third parties (“Business Partners”) that help Us run various aspects of Our business, including Stripe (for payment), and Twilio (for hosting video sessions). These Business Partners are contractually bound to protect Your Personal Data and to use it only for the limited purpose(s) for which it is shared with Us. Business Partners’ use of Personal Data may include, but is not limited to, the provision of services such as data hosting, IT services, customer service, video hosting, and payment processing.

Yes, with third parties and the government when legal or enforcement issues arise.

We may share Your Personal Data, if reasonable and necessary, to (i) comply with legal processes or enforceable governmental requests, or as otherwise required by law; (ii) cooperate with third parties in

investigating acts in violation of this Agreement; or (iii) bring legal action against someone who may be violating the Terms of Use or who may be causing intentional or unintentional injury or interference to the rights or property of Talklet or any third party, including other users.

Yes, with third parties that provide advisory services.

We may share your Personal Data with Our lawyers, auditors, accountants, or banks, when We have a legitimate business interest in doing so.

Yes, with third parties in the event of a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of Talklet’s corporate entity, assets, or stock (including in connection with any bankruptcy or similar proceedings).

If We share Your Personal Data with a third party other than as provided above, You will be notiﬁed at the time of data collection or transfer, and You will have the option of not permitting the transfer.

How long do We retain Personal Data?

We will retain your Personal Data for as long as You maintain a User Account and up to sixty (60) days after the account is closed. The exact period of retention will depend on the type of Personal Data, Our contractual obligation to You, and applicable law. We keep Your Personal Data for as long as necessary to fulfill the purpose for which it was collected, unless otherwise required or necessary pursuant to a legitimate business purpose outlined in this Privacy Policy. At the end of the applicable retention period, We will remove Your Personal Data from our databases and will request that our Business Partners remove Your Personal Data from their databases. If there is any data that We are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further processing of such data. We retain anonymized data indeﬁnitely.

NOTE: Once we disclose your Personal Data to third parties, we may not be able to access that Personal Data any longer and cannot force the deletion or modiﬁcation of any such information by the parties to whom we have made those disclosures. Written requests for deletion of Personal Data other than as described should be directed to [email protected].

How do We protect Your Personal Data?

Talklet is committed to protecting the security and conﬁdentiality of Your Personal Data. We use a combination of reasonable physical, technical, and administrative security controls to maintain the security and integrity of Your Personal Data, to protect against any anticipated threats or hazards to the security or integrity of such information, and to protect against unauthorized access to or use of such information in our possession or control that could result in substantial harm or inconvenience to you. However, Internet data transmissions, whether wired or wireless, cannot be guaranteed to be 100% secure. As a result, We cannot ensure the security of information You transmit to Us. By using the Platform, You are assuming this risk.

Safeguards

The information collected by Talklet and stored on secure servers in the United States, is protected by a combination of technical, administrative, and physical security safeguards, such as authentication, encryption, backups, and access controls. If Talklet learns of a security concern, We may attempt to notify You and provide information on protective steps, if available, through the email address that You have provided to Us or your physical address, if provided. Depending on where You live, You may have a legal right to receive such notices in writing.

You are solely responsible for protecting information entered or generated via the Platform that is stored on Your device and/or removable device storage. Talklet has no access to or control over Your device’s security settings, and it is up to You to implement any devicelevel security features and protections You feel are appropriate (e.g., password protection, encryption, remote wipe capability, etc.). We recommend that You take any and all appropriate steps to secure any device that You use to access Our Platform.

NOTWITHSTANDING ANY OF THE STEPS TAKEN BY US, IT IS NOT POSSIBLE TO GUARANTEE THE SECURITY OR INTEGRITY OF DATA TRANSMITTED OVER THE INTERNET. THERE IS NO GUARANTEE THAT YOUR PERSONAL DATA WILL NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED DESPITE THE IMPLEMENTATION OF OUR PHYSICAL, TECHNICAL, OR ADMINISTRATIVE SAFEGUARDS. THEREFORE, WE DO NOT AND CANNOT ENSURE OR WARRANT THE SECURITY OR INTEGRITY OF ANY PERSONAL DATA YOU TRANSMIT TO US AND YOU TRANSMIT SUCH PERSONAL DATA AT YOUR OWN RISK.

How can You Protect Your Personal Data?

In addition to securing Your device, as discussed above, We will NEVER send You an email requesting conﬁdential information such as account numbers, usernames, passwords, or social security numbers, and You should NEVER respond to any email requesting such information. If You receive such an email purportedly from Talklet, DO NOT RESPOND to the email and DO NOT click on any links and/or open any attachments in the email, and notify Talklet support at [email protected].

You are responsible for taking reasonable precautions to protect Your user ID, password, and other User Account information from disclosure to third parties, and You are not permitted to circumvent the use of required encryption technologies. You should immediately notify Talklet at [email protected] if You know of or suspect any unauthorized use or disclosure of Your user ID, password, and/or other User Account information, or any other security concern.

Your rights

You have certain rights relating to your Personal Data, subject to local data protection laws. These rights may include:

to access Your Personal Data held by Us
to erase/delete Your Personal Data, to the extent permitted by applicable data protection laws
to receive communications related to the processing of Your personal data that are concise, transparent, intelligible and easily accessible;
to restrict the processing of Your Personal Data to the extent permitted by law (while we verify or investigate Your concerns with this information, for example);
to object to the further processing of Your Personal Data, including the right to object to marketing;
to request that Your Personal Data be transferred to a third party, if possible;
to receive Your Personal Data in a structured, commonly used and machine-readable format
to lodge a complaint with a supervisory authority
to rectify inaccurate Personal Data and, taking into account the purpose of processing the Personal Data, ensure it is complete
to not be subject to a decision based solely on automated processing, including profiling, which produces legal effects ("Automated Decision-Making"); and

Where the processing of Your Personal Data by Talklet is based on consent, You have the right to withdraw that consent without detriment at any time or to exercise any of the rights listed above by emailing Talklet at [email protected].

If you are a California resident, the California Consumer Privacy Act (“CCPA”) may apply to you. To the extent it applies, please see the CCPA attachment.

If you are an EU data citizen, the GDPR may apply to you. To the extent it applies, please see the GDPR attachment.

How can You update, correct, or delete Personal Data?

You can change your email address, other contact information or other information in the Platform by accessing the User dashboard in the Platform. Please note that in order to comply with certain requests to limit use of Your Personal Data, We may need to terminate Your account and Your ability to access and use the Services, and You agree that We will not be liable to You for such termination or for any refunds of prepaid fees paid by You. You can deactivate your account by emailing Us at [email protected].

Although We will use reasonable efforts to do so, You understand that it may not be technologically possible to remove from our systems every record of Your Personal Data. The need to back up our systems to protect information from inadvertent loss means a copy of Your Personal Data may exist in a nonerasable form that will be diﬃcult or impossible for Us to locate or remove.

Can You “OPTOUT” of receiving communications from Us?

We pledge not to market third party services to You without Your consent. We only send emails to You regarding Your Talklet account and services unless We have Your express consent to do so. You can choose to ﬁlter these emails using Your email client settings, but We do not provide an option for You to opt out of these emails. If you consent to Our sending You marketing or other commercial emails not related to your account and services, we will provide you with the option to opt out of such marketing emails within the applicable message.

Information submission by minors

We do not knowingly collect Personal Data from individuals under the age of 18 and the Platform is not directed to individuals under the age of 13. We request that these individuals not provide Personal Data to Us. If We learn that Personal Data from users less than 18 years of age has been collected, We will deactivate the account and take reasonable measures to promptly delete such data from our records. If You are aware of a user under the age of 13 using the Platform, please contact us at [email protected]

If You are a resident of California, under the age of 18 and have registered for an account with Us, You may ask Us to remove content or information that You have posted to Our Platform.

California Residents

California residents may request and obtain from Us, once a year, free of charge, a list of third parties, if any, to which We disclosed their Personal Data for direct marketing purposes during the preceding calendar year and the categories of Personal Data shared with those third parties. If You are a California resident and wish to obtain that information, please submit Your request by sending Us an email at [email protected] with “California Privacy Rights” in the subject line.

If You have any questions about this Privacy Policy, please contact Us by email at [email protected] or please write to: Talklet Inc. via Registered Agents Inc., 2501 Chatham Rd, Suite R, Springfield, IL 62704. Please note that email communications are not always secure; so please do not include sensitive information in Your emails to Us.

CALIFORNIA CONSUMER PRIVACY ACT PRIVACY RIGHTS

To the extent that the California Consumer Privacy Act applies to you, you have the following additional data privacy rights:

Privacy; Confidential Information

If you are an individual user and your employer purchased the online service to which this Privacy Policy applies, all of the information described in this Privacy Policy is subject to your employer’s policies regarding deletion, encryption, export, monitoring, passwords, and retention of data associated with the service.

Talklet may aggregate or deidentify any Personal Data that we collect in connection with our services, such that the information is no longer personally identifiable or attributable to you. Talklet may use such aggregated information for our own legitimate business purposes without restriction.

Sale of Information

Talklet has not disclosed and/or sold Personal Data of anyone to third parties for a business or commercial purpose in the preceding 12 months. Talklet does not sell the personal information of minors under 16 years of age without the express written authorization of a parent or legal guardian.

Your Rights:

You have the right

1. to request that Talklet disclose what information it collects, uses, discloses, and sells.

2. to request that Talklet delete any Personal Data it has collected about you.

3. to direct Talklet not to sell your Personal Data.

To submit a request for (1) or (2) or (3) above, you may e-mail Talklet at [email protected]

For your protection, any request you send to Talklet to delete your Personal Data is subject to the following verification procedure: E-mail Talklet at [email protected] with the subject header “Request to Delete Personal Data” and verifying your name and username information in the email body. You should send this e-mail through the same account we have on record, meaning the one you used to create your Talklet account.

We reserve the right to deny your request if we cannot verify your identity. If We deny your request in whole or in part, We will notify you of the denial and provide the reasons for the denial.

Talklet will not discriminate against you for exercising any of your above rights.

You may designate an authorized agent to make a request to exercise your rights on your behalf. Your authorized agent must be able to provide to Talklet proof of your authorization. For your protection, we reserve the right to deny any request from an agent who does not submit proof that they have been authorized to act on your behalf.

GENERAL DATA PROCESSING REGULATION RIGHTS

If you are an EU data citizen, the GDPR may apply to the Personal Data Talklet collects from you. If applicable, you have the following rights:

to access Your Personal Data held by Us
to erase/delete Your Personal Data
to receive communications related to the processing of Your Personal Data that are concise, transparent, intelligible and easily accessible;
to restrict the processing of Your Personal Data to the extent permitted by law (while we verify or investigate Your concerns with this information, for example);
to object to the further processing of Your Personal Data, including the right to object to marketing;
to request that Your Personal Data be transferred to a third party, if possible;
to receive Your Personal Data in a structured, commonly used and machine-readable format
to lodge a complaint with a supervisory authority
to correct inaccurate Personal Data and, taking into account the purpose of processing the Personal Data, ensure it is complete
to not be subject to a decision based solely on automated processing, including profiling, which produces legal effects ("Automated Decision-Making"); and