1.1 This Policy sets out how we at TalkPoint process personal information collected or received from you on TalkPoint’s website www.talkpoint.com (the “Website”), personal information we use for marketing purposes, or personal information processed in the course of managing our relationship with our customers. It does not apply to: (a) information our customers collect or receive from you, or (b) personal information processed by TalkPoint in the course of facilitating the delivery of our products and services to our customers. For this reason, we encourage you to consult the privacy policies on our customers’ websites before disclosing any personal information to them and through those customers´ websites.
1.2 ‘You’ or ‘your’, in this Policy, means you as an individual, rather than any legal entity which is our customer (such as your employer) which you may represent when you order a product or service from us via the Website.
2. Information we collect from you
We may collect the following personal information from you on our Website: your name, company name, title, telephone number and email address that you enter. Your browser may tell us your IP address and the type of browser and device you used, which pages you searched and key words that you entered into a search engine. We collect information about your choices and preferences by using cookies and similar technologies. We collect information on whether you opened our emails or clicked a link on our email by using web beacons.
3. How we use personal information
The purposes for which we collect personal information include, but are not limited to, the following: (a) to provide you information you request, and to give you a customized interactive experience; (b) to measure interest in various TalkPoint solutions and services; (c) to inform you about new TalkPoint solutions and services or features and functionalities; and (d) to help us develop new services, solutions or features that meet your needs. It is solely your choice whether or not you provide this information. However, should you choose not to provide the information, we may be unable to process a request or display certain content on the Website. We also may occasionally send you push notifications, which you may opt-out of by turning them off at the device level through your settings, and when you download and use our mobile applications, we may automatically collect certain information such as the type of device you use, operating system version and app version.
4. Information we receive from our customers
TalkPoint collects personal information of employees of its customers, which it uses to communicate with and manage its customer relationships.
This personal information is processed under the direction of any of its customers and without a direct contractual relationship with the individuals’ users whose personal data it processes. Therefore, if users have any concerns about how their personal information is processed by TalkPoint in the course of their use of TalkPoint services, they should contact their employer.
We may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Customers.
TalkPoint acknowledges that individuals have the right to access their personal information. TalkPoint has no direct relationship with the individuals whose personal data it processes as a data processor. If an individual would seek access, or seek to correct, amend, or delete inaccurate data, such individual should direct his/her query to their employer (the data controller). If requested to remove data TalkPoint will respond within a reasonable timeframe.
We will retain personal data we process on behalf of our customer for as long as needed to provide services to our customer. TalkPoint will retain this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
5. Use made of personal information and legal basis for this use
TalkPoint processes personal information for the following purposes:
a) As required by us to conduct our business and pursue our, or third parties´ legitimate interests. In particular, we collect, use and store your personal data: (i) to communicate and manage our relationship with our customers; (ii) to maintain contact data about you or a third party (such as, your employer); and (iii) to inform you of products, services, marketing plan and other business related items from TalkPoint or third parties which may be of interest to you;
c) For purposes which are required by law: in response to requests by government or law enforcement authorities conducting an investigation.
6.3 Other Third Party Tracking and Advertising
We partner with third parties to display advertising on our Website or to manage our advertising on other sites. For our Website, we may use web analytic cookies, including the use of Google Analytics, Remarketing with Google Analytics and Google Display Network Impression Reporting to advertise online. Website and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s past visits to a website. Our Website also use third-party vendors, including Google and third-party cookies (such as the DoubleClick cookie) together to report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our Website. This helps us make our service to you better.
7. Mobile Analytics
We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. To the extent we automatically link any collect data to other information we collect about you, we do so to for reasons such as to improve TalkPoint services we offer you, to improve marketing, analytics, or Website functionality.
To the extent we employ any framing techniques on our Website, please be aware that you are providing your personal information to TalkPoint and not to a third-party site.
9. When, where and with whom we share personal information
9.1 We do not sell or rent personal information, including personally identifiable information, to unrelated third parties. We do not share your personal information with others for marketing purposes unless you agree to this.
9.2 We share your personal data with third party service providers that helps us run our business, who process it on behalf of TalkPoint for the purposes identified above. They are not permitted to use your information for their own purposes. Such third parties include providers of website analytics, online chat service and online advertising.
9.3 We also share your personal data with other TalkPoint affiliates in the United States.
9.4 In the event that the business is sold or integrated with another business, your personal information will be disclosed to our advisers and any prospective purchaser’s adviser and will be passed to the new owners of the business.
9.5 Some of our vendors are located in the United States. Your personal information is stored on TalkPoint´s servers and the servers of third party vendors located in different parties in the world. Where information is transferred outside the EEA or Switzerland, to a non-EEA country or a country that is not subject to an adequacy decision by the EU Commission, we rely on one or more of the following legal mechanisms: EU Commission approved standard contractual clauses, EU-US Privacy Shield, Swiss-US Privacy Shield, a vendor’s Processor Binding Corporate Rules or where we have explicit consent of the individual. A copy of the relevant mechanism can be provided for your review on request to the contact details on our Privacy Contact Information section below.
9.6 We disclose personal information provided to us in limited circumstances as may be described in this Policy. These circumstances include, but are not limited to, the following: (a) to the extent required by law or to respond to judicial or governmental process or a good faith belief that such action is necessary to comply with law or legal process; (b) to protect the security and integrity of the Website and our Services; (c) to protect our rights and property and the rights and property of others; (d) to respond to claims that submitted information that violates the rights or interests of third parties or to defend against other legal claims or; (e) in connection with a merger, consolidation or sale of all or substantially all of the stock or assets of one or more of our businesses.
10. Access to Personal Information; Opt-Out Preferences
Upon request TalkPoint will provide you with information about whether we hold any of your personal information. Individuals seeking access to their personal information that we collected directly from an individual, whether to confirm such information, update it or request removal or other changes, may contact us at the Privacy Contact Details set forth below. We will respond to your request within a reasonable timeframe.
11. Communication Preferences
You can select your communication permissions in our TalkPoint Marketing Preference Center, update your contact information or opt-out from receiving any further communication through any email sent from us, or you can send an email to firstname.lastname@example.org confirming your email address and we can make appropriate changes. These choices do not apply to transactional service communications that are part of the TalkPoint services or informational communications that have their own unsubscribe option included in the message.
12. Your rights
a. In some countries and in particular if you reside in the European Union, you have the right to ask us of a copy of your personal information; to correct or to delete or restrict (stop any active) processing of your personal information and to obtain the personal information you provide to us with your consent in a structured, machine readable format, and to ask us to share (port) this information to another controller.
b. In addition, if you reside in the European Union, you can object to the processing of your personal information in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement, or where we are using the data for direct marketing).
c. To the extent TalkPoint contacts you with any promotional and advertising materials, you can opt-out or update your email preferences through any email sent from us, or you can send an email to email@example.com confirming your email address and we can make appropriate changes.
d. These rights may be limited, for example if fulfilling your request would reveal personal information about another person, or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping.
e. To exercise any of these rights or to obtain other information, such as copy of a legitimate balancing test described in section 5 above, you can get in touch with us using the “Privacy” contact details set out below. If you reside in the European Union and you have unresolved concerns, you have the right to complain to an EU data protection authority where you live, work or where you believe a breach may have occurred.
13. Retention of Personal Information
a. Where we process our customer employee personal information to communicate and manage our customers relationship, we do this for as long as we provide our products and services to our customer and for a maximum of fourteen (14) months after this.
b. Where we process personal information for marketing or business analytic purposes or with your consent, we process the data until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a record of the fact that you have asked us not to send you direct marketing or to process your data so that we can respect your request in future.
We will retain your personal information to fulfill the purposes for which it was collected or as required for legitimate purposes, to resolve disputes, to enforce our agreements, or as required by law, regulation, or contractual requirements.
To the extent TalkPoint posts customer testimonials/comments/reviews on our Website, we obtain any required consent(s) prior to posting the testimonial.
15. Social networking and Public Forums
To the extent TalkPoint offers certain publicly accessible blogs and/or community forums on our Website, you should be aware that any information you provide in these areas may be broadly available to others, and can be read, collected, and used by others who access them, potentially inside or outside TalkPoint. This information could also be used to send you unsolicited messages. Also, please recognize that individual blogs and/or forums may have additional rules and conditions. Each participant’s opinion on a blog or forum is his or her own and should not be considered as reflecting the opinion of TalkPoint. We are not responsible for the personal information or any other information you choose to submit in these forums.
(a) When you sign in to a TalkPoint app or website using a social networking account;
(b) When you use a TalkPoint app on a social networking site or choose to join (or “like”) a TalkPoint page on a social networking site. In these situations, the social networking site may make some information about you available to TalkPoint;
(d) When you make information publicly available on your social networking page
We use this information for purposes described in this Policy.
We use a chat feature to help you with any questions or concerns. If our chat feature is offline we may still collect your name, email address and telephone number so that we may reply to your request.
We provide reasonable technical and organizational security controls to protect your personal information. However, despite our efforts, no security controls are fully effective and TalkPoint cannot ensure or warrant the security of your personal information. We recommend you to take every precaution in protecting your personal information when you are on the Internet. For example, change your passwords often, use a combination of letters and numbers when creating passwords, and make sure you use a secure browser.
We do not knowingly collect any personal information from children under 13 years old through our Website. However, if the parent or guardian of a child under 13 believes that the child has provided us with personal information, the parent or guardian of that child should contact us through the “Privacy” contact information provided further below if they want this information deleted from our files. If we obtain knowledge that we have personal information about a child under 13 in retrievable form in our files, we will delete that information from our existing files.
19. Third Party Websites and Cookies
20. Review of Compliance
We review our compliance with this Policy on a periodic basis, and we reserve the right to update this Policy to reflect changes to our information practices. Please check this Policy on our Website periodically for changes. If we make any material changes, for new users it will become effective upon posting, for existing users we will notify you by posting a notice of such an update on this website prior to the change becoming effective.
21. Privacy Contact Information
Should you have any privacy-related questions or comments relating to this Policy, please contact us through the contact information provided below:
Email: Privacy@talkpoint.com or Europe.Privacy@pgi.com
Contact Office: TalkPoint Holdings LLC
100 William Street, Suite 800, New York, New York 10038
Date: Last Revised May 17th, 2018