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Welcome to www.talkpoint.com, a website provided by TalkPoint Holdings, LLC ("TalkPoint"), (www.talkpoint.com, plus all other websites provided by TalkPoint, are collectively referred to in this policy as the “Site”). TalkPoint recognizes the importance of protecting your privacy, and this policy covers TalkPoint’s handling of personal information collected by it through the Site or from other sources in the ordinary course of business (including, but not limited to, personal information relating to employees of TalkPoint). A list of all websites covered by this policy can be obtained from TalkPoint by contacting it as set forth in Section 19.
1. Safe-Harbor Frameworks
In connection with collecting, using and retaining certain personal information, TalkPoint has certified to its compliance with (a) the U.S.-E.U. Safe-Harbor Framework, including its safe harbor privacy principles and 15 “frequently asked questions,” regarding personal information from European Union member countries (the “E.U. Safe-Harbor Framework”) and (b) the U.S.–Swiss Safe-Harbor Framework, including its safe harbor privacy principles and 15 “frequently asked questions,” regarding personal information from Switzerland (the “Swiss Safe-Harbor Framework”). The safe harbor privacy principles of both the E.U. Safe-Harbor Framework and the Swiss Safe-Harbor Framework cover, with respect to applicable personal information, notice, choice, onward transfer, security, data integrity, access and enforcement. TalkPoint’s certifications of compliance with the E.U. Safe-Harbor Framework and the Swiss Safe-Harbor Framework can be found at https://safeharbor.export.gov/list.aspx. For more information regarding the E.U. Safe-Harbor Framework and the Swiss Safe-Harbor Framework, please see the U.S. Department of Commerce’s website at http://export.gov/safeharbor/.
Any personal information collected by TalkPoint is controlled by TalkPoint at 100 William Street, 8th Floor, New York, New York 10038. All questions, complaints and requests for additional information regarding TalkPoint’s handling of personal information, or otherwise relating to this policy, should be promptly sent to TalkPoint as set forth in Section 19.
3. Service Terms
4. Personal Information Collected
TalkPoint may collect your personal information (including, but not limited to, name, e-mail address, phone number, employer’s name and responses to customized questions) through the Site and from other sources in the ordinary course of business. It does not, however, collect any personal information from you through the Site or otherwise, unless it is provided voluntarily. If you provide your personal information to TalkPoint, regardless of the method used to provide such information, TalkPoint will only retain such information to the extent appropriate to meet the purposes for which it was provided and for TalkPoint's other legitimate business purposes (including, but not limited to, marketing). If you refuse to provide your personal information when requested to do so by TalkPoint or on the Site, you may not be able to access, or otherwise enjoy the benefits of, certain services from TalkPoint or features of the Site.
TalkPoint complies with all applicable laws relating to your personal information (including, but not limited to, the Children's Online Privacy Protection Act, if applicable to the Site). While the Site is not intended for children under 13 years of age, if the parent or guardian of a user who is a minor discovers that the minor’s personal information has been submitted to TalkPoint through the Site without the parent’s or guardian's consent, TalkPoint will use commercially reasonable efforts to remove such personal information from the Site and TalkPoint's servers at the parent’s or guardian's request. To request the removal of personal information of a minor, the parent or guardian must contact TalkPoint as set forth in Section 19, and provide all information requested by TalkPoint to assist it in identifying the information to be removed.
6. Protection of Personal Information
Except as provided in the immediately following sentence, TalkPoint will use commercially reasonable efforts to protect your personal information from unauthorized access, disclosure and use. Certain personal information posted by you on the Site may be accessible to the general public, and TalkPoint is not responsible for protecting such information from unauthorized access, disclosure or use. Also, since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that your personal information could be accessed, disclosed or used without authorization, even if TalkPoint uses such efforts. In providing personal information to TalkPoint, you must assume the risk that unauthorized access, disclosure and use could occur.
7. Use and Disclosure of Personal Information
Any personal information collected by TalkPoint may be used by it for any legitimate business purpose (including, but not limited to, marketing), unless expressly stated otherwise in this Section. Personal information that TalkPoint expressly states is collected for a specific purpose will only be retained and used for such purpose, unless you subsequently consent to its being used for another purpose.
When you provide personal information to TalkPoint, whether or not for a specific purpose, TalkPoint may disclose such information to third parties (including, but not limited to, vendors of TalkPoint) that TalkPoint has engaged to assist it in the ordinary course of its business for any purposes for which TalkPoint could use such information. In addition, certain personal information collected by TalkPoint will be (a) disclosed to clients of TalkPoint (including, but not limited to, any such clients publishing webcasts (or other on-line broadcasts) through the Site), plus sponsors of such webcasts (or other on-line broadcasts), and (b) used by such clients and sponsors for their business purposes. TalkPoint has no control over how such clients or sponsors use any personal information they may receive from TalkPoint and is not responsible for such use.
TalkPoint may also at any time, in its sole discretion, disclose and use any personal information (including, but not limited to, your computer’s Internet protocol addresses), whether or not you furnished such information for a specific purpose, to (a) comply with any applicable law or government request, (b) cooperate with law enforcement and other third parties in investigating a claim of fraud, illegal activity, or infringement of intellectual property rights, (c) protect the rights, property or legitimate business interests of TalkPoint or a third party, or (d) transfer such information to a third party purchasing all, or substantially all, of TalkPoint’s assets.
8. Analytical Information Collected
When you access the Site, TalkPoint may collect from you through the use of “cookies” certain analytical information (including, but not limited to, your computer’s Internet protocol address, location, access date and time, connection speed, language, browser, operating system and manufacturer), which is generally not personally identifiable, (collectively “Analytical Information”). Cookies are code placed on your computer by the Site that enable the Site to, among other things, (a) recognize you as a prior user of the Site, (b) provide the Site with details of your prior use and (c) otherwise assist TalkPoint in making the Site more useful to you. TalkPoint may use permanent cookies that are saved on your computer until you delete them, and session cookies that are automatically deleted when your browser is closed. Your browser may provide you with the ability to not accept cookies, as well as the ability to delete already-existing cookies. If you refuse, or delete previously-existing, cookies from the Site, you may not be able to enjoy some of the Site’s features.
9. Use of Analytical Information
Analytical Information will only be used by TalkPoint (a) to record your use of the Site, (b) to diagnose problems with the Site, (c) to improve the Site and make it more useful to users, and (d) for other legitimate business purposes of TalkPoint (including, but not limited to, marketing). However, Analytical Information will not be used by TalkPoint to examine other websites visited by you before or after you use the Site.
10. Third-Party Sites
You may from time to time send TalkPoint an e-mail message in connection with your use of the Site or in the ordinary course of business. If you do, TalkPoint may collect and store your e-mail address and the contents of your message. Your e-mail address and the contents of your message will be used by TalkPoint to respond to you or for other legitimate business purposes (including, but not limited to, marketing).
Upon your written request, you will be granted access to your personal information retained by TalkPoint solely for the purpose of correcting or deleting any of such information that is inaccurate, except where the burden of providing such access would be disproportionate to the risks to your privacy or where the rights of a third party would be violated. You should contact TalkPoint for this purpose as set forth in Section 19.
13. Applicable Law
This policy will be governed by, and construed in accordance with, the laws of the state of New York, without regard to principles of conflict of laws, the E.U. Safe-Harbor Framework and the Swiss Safe-Harbor Framework. To the extent there is any conflict between any provision of this policy and any provision of applicable law, the E.U. Safe-Harbor Framework or the Swiss Safe-Harbor Framework, the latter shall control.
Unless the E.U. Safe-Harbor Framework or the Swiss Safe-Harbor Framework requires otherwise, you must (a) submit any dispute relating to this policy exclusively to a federal, state or local court located in New York County, New York and having subject matter jurisdiction over such dispute, and (b) consent to any such court being a proper venue, and waive any objection to its not being a proper venue (including, but not limited to, any such objection based on convenience), for such dispute. For any dispute relating to personal information covered by the E.U. Safe-Harbor Framework or the Swiss Safe-Harbor Framework, you should follow the procedure set forth in Section 15.
15. Independent Recourse Mechanism
Any dispute relating to personal information covered by the E.U. Safe-Harbor Framework or the Swiss Safe-Harbor Framework must first be submitted to Talkpoint as set forth in Section 19. Talkpoint and you must then attempt, in good faith, to resolve such dispute. If Talkpoint and you are unsuccessful at resolving such dispute within a reasonable period of time, in compliance with the E.U. Safe-Harbor Framework and the Swiss Safe-Harbor Framework, TalkPoint offers an independent recourse mechanism to resolve such dispute. You may file a complaint with the BBB EU Safe Harbor, which is operated by the Council of Better Business Bureaus, Inc., (“BBB”) at http://www.bbb.org/us/european-dispute-resolution/consumer/ regarding such dispute. After receiving your complaint, BBB will resolve such dispute by following the BBB EU Safe Harbor Rules, which are located at http://www.bbb.org/us/european-dispute-resolution/rules/.
16. Entire Agreement
This policy contains the entire agreement, and supersedes all prior oral and written proposals, understandings and agreements, between you and TalkPoint, with respect to your personal information collected by TalkPoint.
Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.
TalkPoint may revise any provision of this policy from time to time by posting the revised provision on the Site, with the revised provision taking effect as of the date of such posting. It is your responsibility to periodically check this policy on the Site for such revisions. Your use of the Site following the posting of any revision to this policy on the Site will be deemed an irrevocable acceptance by you of such revision.
19. Additional Information
If you have any questions or complaints, or desire additional information, regarding TalkPoint’s handling of personal information or otherwise relating to this policy, please promptly contact:
TalkPoint Holdings, LLC
Attn: Privacy Manager
100 William Street, 8th Floor
New York, New York 10038
We self-certify compliance with: