Terms & Conditions
Effective Date: June 12, 2018
Before accessing and using the Services, please read this Agreement carefully because it is a legal agreement between TalkMeUp and you.
BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:
YOU HAVE READ AND UNDERSTAND THIS AGREEMENT;
YOU WILL COMPLY WITH THIS AGREEMENT; AND
YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO A LEGAL AGREEMENT
Please read carefully the sections titled “ DISCLAIMER OF WARRANTIES,” “LIMITATIONS OF LIABILITY” and “DISPUTE RESOLUTION.” These provisions limit TalkMeUp’s liability to you andaffect how disputes are resolved.
If you do not agree to any term of this Agreement, please do not use the Services.
1. CHANGES TO TERMS
The Effective Date of this Agreement is set forth at the top of this webpage. As we add new features, we may revise or supplement this Agreement. We will provide you with advance notice of material revisions to this Agreement. We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other users of the Services. Your continued use of the Services after the Effective Date constitutes your acceptance of this Agreement, as amended. As of the Effective Date, t he amended Agreement supersedes all previous versions of oragreements, notices or statements about this Agreement.
2. ADDITIONAL TERMS
Certain features of the Services may be subject to additional terms (“ Additional Terms ”) presented in conjunction with them . Regardless of how they are presented to you, y ou must agree to Additional Terms before using the features of the Services to which they apply. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into this Agreement. If you do not agree to Additional Terms, then you may not use the Services to which they relate. This Agreement and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of this Agreement, the Additional Term will prevail for the Services to which the Additional Terms apply.
3. TALKMEUP CONTENT
TalkMeUp and its licensors retain full and complete title to all information and materials provided on or through or submitted to the Services, including any artwork, graphics, text, video and audio clips, trademarks, logos and other content (collectively, “ TalkMeUp Content ”). The name “TalkMeUp “and the TalkMeUp, Inc. Logo, and other trademarks used in the Services are trademarks of TalkMeUp or its affiliates and may not be used in connection with the products or services of others in any manner that is likely to cause confusion. All other trademarks not owned by TalkMeUp that appear in the Services are the property of their respective owners.
If you agree to this Agreement (as well as any Additional Terms), then you may download, print and/or copy TalkMeUp Content solely for your own personal use.
Except for content that is in the public domain or unless TalkMeUp provides you with written authorization to do so, you may not:
Incorporate any TalkMeUp Content into any other work (such as your own website) or use TalkMeUp Content in any public or commercial manner;
Copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit, transfer, license or sell TalkMeUp Content in any form or by any means;
Change any of the notices about copyright, trademarks or other intellectual property rights that may be part of the TalkMeUp Content; or
‘ Deep link’ to any of the Services (i.e., link to any page other than the home page of one of the Services).
EXCEPT FOR TALKMEUP CONTENT PROVIDED BY TALKMEUP OR TALKMEUP’S AGENTS, TALKMEUP DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY THIRD PARTY. TALKMEUP IS AN INDEPENDENT, NONPARTISAN ORGANIZATION. TALKMEUP TAKES NO INSTITUTIONAL POSITIONS ON POLICY ISSUES. ALL STATEMENTS OF FACT AND EXPRESSIONS OF OPINION CONTAINED IN ANY BLOG POSTS ON THIS SITE ARE THE SOLE RESPONSIBILITY OF THE AUTHOR. REFERENCES TO SPECIFIC NONPROFIT, PRIVATE, OR GOVERNMENT ENTITIES ARE NOT AN ENDORSEMENT.
4. USING THE SERVICES
Age of Eligibility : You must be the age of legal majority or older in your place of residence to use the Services.
Your Account : Y ou are required to create an account (“ Account ”) to use certain features of the Services. You agree that you will maintain your Account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete, misleading or inaccurate information, you understand that we have the right to terminate your Account and use of the Services.
You agree to protect the security of your Account. You are responsible for all use of your Account, including your login credentials (i.e., username and password) and activation codes and passwords. TalkMeUp t reats access to the Services through your account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. TalkMeUp may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. Please immediately notify TalkMeUp using the contact information provided below if you believe that information you provided to us is no longer secure or if you need to deactivate your account or password.
Accessing the Services : You are responsible for the software, hardware and Internet service needed to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device (“ Mobile Device ”), y ou are solely responsible for any and all data and other fee s related to use of the Services through your Mobile Device.
Certain Services may offer text messaging (SMS or MMS) services. Message and data rates may apply. Once you opt-in to receive text messages from us, the frequency of text messages that we send to you depends on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. Text message services are provided on an “as is” basis and may not be available in all areas at all times.
by agreeing to receive text messages, you understand and agree that TalkMeUp may use an automatic dialing system to deliver text messages to you and that your consent to receive text messages is not required as a condition of purchase for any goods or services .
We do not guarantee availability of the Services at all times of the day. TalkMeUp may from time to time perform upgrades, updates or otherwise make the Services unavailable. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Services at any time and without notice. Except as provided in our customer agreements, TalkMeUp has no obligation to provide access to or support for the Services.
Restrictions on Your Use of Services : You may use the Services for lawful, non-commercial purposes only.
You agree that you will not (and you agree not to encourage or allow any third party to):
Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Services or otherwise attempt to gain unauthorized access to the Services, other users’ Accounts or TalkMeUp’s computer systems or networks,
Copy, modify , translate, adapt or otherwise create derivative works or improvements (whether or not patentable) of any part of the Services;
Decompile, reverse engineer, disassemble or decode the Services or otherwise attempt to derive or gain access to the source code of any part of the Services (unless applicable laws specifically prohibit such restriction);
Remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Services ;
Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Services;
Use the Services to advertise, buy or sell any products or services;
Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any features or functionality of the Services includingthough time-sharing, use of service bureau or by otherwise making the Services available on a network on which it is accessible by more than one device at any time ;
Reformat or frame any portion of the web pages that are part of the Services without TalkMeUp’s written consent;
Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services ;
Create more an Account under fraudulent pretenses; or
TalkMeUp may from time to time offer areas in the Services where you and other users can share suggestions, ideas or other information or materials (collectively, “ Submissions ”). You are the owner of and are responsible for your Submissions.
By submitting a Submission, you represent and warrant that:
Your Submission is true and accurate;
You own or otherwise control all of the rights to your Submission, including copyrights and trademarks, necessary to meet your obligations to TalkMeUp under this Agreement;
Your Submission is not defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive or unlawful; and
Your Submission does not violate the privacy, publicity, intellectual property or other rights of any other person or entity.
You acknowledge and agree that TalkMeUp has the right (but not the obligation) to monitor Submissions and to alter, remove or refuse to post or allowing posting of any Submission. TalkMeUp TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY SUBMISSION, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT IN SUBMISSIONS.
By sharing your Submissions, you grant TalkMeUp and our designees a worldwide, perpetual, irrevocable, transferrable, royalty-free license (with the right to sublicense) to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise use your Submission in all formats and distribution channels now known or hereafter devised (including on third-party sites and services) to provide, expand or promote the Services and TalkMeUp’s products without further notice to or consent from you. Under no circumstances are you entitled to payment for your Submissions. All Submissions are deemed non-confidential and non-proprietary.
TalkMeUp encourages you not to disclose any personal information in your Submissions because other people may see and use the personal information in your Submissions.
From time to time, TalkMeUp may offer you the opportunity to participate in challenges or other promotions (collectively, “ Promotions ”). You may not be transfer, assign, sell, trade or barter any prize, premium of other benefit you receive through a Promotion. ANY PRIZE, PREMIUM OR OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM TalkMeUp, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials. We may disqualify any individual who tampers with any Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to be bound by our decisions, which are final and binding in all matters relating to Promotions . Promotions are subject to all applicable federal, state and local laws, rules and regulations. Promotions are void where that they are prohibited, restricted or taxed.
BY PARTICIPATING IN A PROMOTION, YOU AGREE TO RELEASE TALKMEUP AND ITS AGENTS FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE OR MISUSE OF ANY PRIZE OR PREMIUM THAT YOU MAY RECEIVE.
7. DISCLAIMER OF WARRANTIES
TalkMeUp warrants that TalkMeUp has validly entered into this Agreement and has the legal power to do so. You warrant that you have validly entered into this Agreement and have the legal power to do so.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE TALKMEUP SERVICES ARE PROVIDED “AS IS “AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TalkMeUp specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. TalkMeUp does not warrant that (a) the Services will meet your requirements, (b) operation of the Services will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by TalkMeUp or its authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
8. LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES
YOU FURTHER WAIVE AND AGREE NOT TO ASSERT AGAINST TALKMEUP ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF TALKMEUP KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EACH CASE, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE OR TO THE CONDUCT OF YOU OR ANY OTHER REGISTERED USER IN CONNECTION WITH THE USE OF THE SERVICE.
The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms and that TalkMeUp would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability.
9. DISPUTE RESOLUTION
If you have a complaint about the Services, please contact TalkMeUp via email at email@example.com .
To the maximum extent permitted by applicable law, you and TalkMeUp agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, this Agreement is governed by and construed and enforced in accordance with the internal laws of the State of Pennsylvania, without giving effect to the principles of conflicts of laws of such state, and is binding upon the parties hereto in the United States and worldwide.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.
If you are a resident of the US : Any dispute between you and TalkMeUp and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to this Agreement and its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement is subject to the exclusive jurisdiction of the federal and state courts in the Commonwealth of Pennsylvania, other than for actions to enforce any order or judgment entered by such courts.
If you are not a resident of the US : If local law requires, you may bring an action against TalkMeUp in the local courts of your place of domicile and nothing in this Agreement is intended to limit your rights to do so. All disputes arising under the Terms between you and TalkMeUp are subject to the non-exclusive jurisdiction of the courts located in your place of domicile and you and TalkMeUp hereby submit to the personal jurisdiction and venue of these courts.
10. NOTICE TO CALIFORNIA RESIDENTS
BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
The provider of the Services is:
c/o Swartz Center for Entrepreneurship
5000 Forbes Avenue
Pittsburgh, PA 15213
If the Services are deemed as electronic commercial service, you may file a complaint regarding the Services or to receive further information regarding use of the Services by sending a letter to the attention of “Legal Department” at the above address.
11. INTERNATIONAL USE
If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your home country to us and that you will follow all the laws that apply to you.
TalkMeUp’s servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information (including Submissions and Personal Data) to and in the United States and/or other countries; (ii) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Services; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject TalkMeUp or its affiliates to any registration requirement within such jurisdiction or country.
You may terminate your Account at any time for any reason effective upon written notice to TalkMeUp. TalkMeUp reserves the right immediately to suspend or terminate your account and access to the Services without notice if TalkMeUp believes you violated this Agreement.
Termination will not limit any of TalkMeUp’s other rights or remedies. The sections Client Content, Submissions, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution, Mobile Applications, General Terms and any other provision that is intended to survive termination shall survive termination of this Agreement.
13. DMCA COPYRIGHT NOTICE AND TAKEDOWN POLICY
If you are a copyright owner and you believe your work has been copied and used improperly on the Services, please contact our copyright compliance officer. Pursuant to 17 U.S.C. § 512(c), to be effective, the notification to us must include the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the description and location of the alleged infringement the Services; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.
Contact our copyright agent at: Jiaojiao Xu, c/o Swartz Center for Entrepreneurship, 5000 Forbes Avenue, Pittsburgh, PA 15213, firstname.lastname@example.org .
Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Services is infringing, we suggest that you contact an attorney prior to sending notice.
14. LINKS TO OTHER WEBSITES AND SERVICES
The Services contain links to other websites and services that we think may interest you, including social networking (collectively, “ Linked Services ”). Linked Services are not under the control of TalkMeUp and TalkMeUp is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by TalkMeUp of the Linked Services or any association with the operators of the Linked Services. TalkMeUp does not investigate, verify or monitor the Linked Services. TalkMeUp provides links to Linked Services for your convenience only. You access Linked Services at your own risk.
15. MOBILE APPLICATIONS
If you download our applications from a third-party app store (the “ App Provider ”), you acknowledge and agree that:
This Agreement is an agreement between us and not with the App Provider. As between TalkMeUp and the App Provider, TalkMeUp is solely responsible for the applications;
The App Provider has no obligation to provide any maintenance and support services with respect to the applications;
In the event of any failure of the applications to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider may refund the purchase price for the applications to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the applications, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is, as between TalkMeUp and the App Provider, TalkMeUp’s responsibility;
The App Provider is not responsible for addressing any claims you have relating to the applications or your possession and use of the applications;
If a third party claims that an application infringes another party’s intellectual property rights, as between the App Provider and TalkMeUp, TalkMeUp is responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement;
The App Provider and its subsidiaries are third-party beneficiaries of this Agreement as it relates to your license to the applications. Upon your acceptance of the terms and conditions of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the applications against you as a third-party beneficiary thereof; and
You must also comply with all applicable third-party terms of service when using the applications.
16. GENERAL TERMS
This Agreement (i) inures to the benefit of and will be binding upon TalkMeUp’s and you and your successors and assigns, respectively and (ii) may be assigned by TalkMeUp but you may not assign them without the prior express written consent of TalkMeUp.
If any provision of this Agreement is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.
If TalkMeUp fails or you fail to perform any term of this Agreement and you do not enforce the term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
Nothing contained in this Agreement will be deemed to constitute TalkMeUp or you as the agent or representative of the other or as joint venturers or partners.
If TalkMeUp is or you are prevented from performing or unable to perform any obligation under this Agreement due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence.
The headings and captions contained herein are for convenience only.
This Agreement and all related documentation will be drafted in English. While certain text in this Agreement may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls.
17. QUESTIONS ABOUT THE SERVICES
If you have a question about the Services, please contact TalkMeUp via email at email@example.com .
Effective Date: June 12, 2018
PLEASE BE AWARE THAT TALKMEUP AND ALL ASSOCIATED SERVICES AND SYSTEMS ARE HOUSED ON SERVERS IN THE UNITED STATES. IF YOU ARE LOCATED OUTSIDE OF THE UNITED STATES, INFORMATION WE COLLECT (INCLUDING COOKIES) ARE PROCESSED AND STORED IN THE UNITED STATES, WHICH MAY NOT OFFER THE SAME LEVEL OF PRIVACY PROTECTION AS THE COUNTRY WHERE YOU RESIDE OR ARE A CITIZEN. BY USING THE SERVICES AND PROVIDING INFORMATION TO US, YOU CONSENT TO THE TRANSFER TO AND PROCESSING OF THE INFORMATION IN THE UNITED STATES.
2. INFORMATION WE COLLECT
Personal Data is information that directly or indirectly identifies you, such as your name, email address mailing address, and phone number.
Other Information is information that, by itself does not individually identify you, such as browser type, operating system, the webpages you viewed and how long you viewed them.
We may link together different types of Other Information or link Other Information to Personal Data. If linked information directly or indirectly identifies an individual person, TalkMeUp treats the linked information as Personal Data.
3. HOW WE COLLECT INFORMATION
TalkMeUp collects information:
When you register for the Services : When you register for the Services, we collect your name, email, phone number, address, school, industry, job, profile picture, biographical information, username, password, and account names and profile information from your social media accounts if you choose to sign up for the Services using those accounts.
When you use the Services: We may ask for contact information such as your name, address, telephone number, email address, contact preferences, employer/company, and other information related to your interests. We collect this information so that we may: keep you informed about the TalkMeUp, provide you with information on our products and services, or invite you to upcoming events in your area.
Audio and Video Consent &Release
When you participate as either a learner or coach we will collect audio and video recordings (collectively, “Recordings”) of each practice job interview or presentation as well as Recordings of one-on-one meetings between learners and coaches. Users can disable the camera but not the audio during one-on-one meetings.
By using the Services you agree to TalkMeUp collecting and using Recordings of your practice job interviews, presentations and one-on-one meetings.
You understand and consent to the use and release of the Recordings by TalkMeUp. You understand that the Recording are used:
to provide you with personal graded feedback on your job interview and presentation technique;
to train TalkMeUp’s artificial intelligence to give better personal feedback; and
for TalkMeUp’s internal research purposes
Your name and image in connection with the Recordings will not be used for any other purpose. Recordings will be stored on TalkMeUp systems until you decide to delete them.
You relinquish any rights to the recording and understand the recording may be copied and used by TalkMeUp without further permission.
Through Server Logs : A server log is a list of the activities that a server performs. TalkMeUp’s servers automatically collect and store in server logs your search queries, Internet Protocol (IP) address, hardware settings, browser type, browser language, the date and time of your request and referral URL and certain cookies that identify your browser or TalkMeUp account.
From Your Computer, Tablet or Mobile Telephone : We collect information about your computer, tablet or mobile telephone (“ Device ”), such as model, operating system version, mobile network information, telephone number, internet service provider and similar identifiers. TalkMeUp may associate your Device information with your TalkMeUp account. We may collect and store information (including Personal Data) on your Device through browser web and web application data caches.
We may collect information from sensors that provide TalkMeUp with information on nearby devices, Bluetooth address, Wi-Fi access points and information made available by you or others that indicates the current or prior location of the user. We also may collect IP address and MAC address. How we collect this data depends on how you access the Services. Certain Services may collect this data even when you are not actively using the Services.
4. DATA COLLECTION TECHNOLOGY
Data Collection Technology collects all sorts of information, such as how long you spend on various webpages in the Services, which webpages you view, your search queries, error and performance reports, as well as Device identifier or IP address, browser type, time zone and language settings and operating system.
Data Collection Technology deployed through the Services includes cookies and web beacons.
Web Beacons : A web beacon (also called a pixel tag or clear GIF) is computer code that communicates information from your device to a server. Some of TalkMeUp’s content and emails may contain embedded web beacons that allow a server to read certain types of information from your Device, allow us to count the number of people who have viewed content, to know when you opened an email message and the IP address of your Device. Web beacons help TalkMeUp develop statistical information to provide better and more personalized content.
Cookies : Cookies are small text files that are sent to or accessed from your web browser or your computer’s hard drive. A cookie typically contains the name of the domain (internet location) from which the cookie originated, the “lifetime” of the cookie (i.e., when it expires) and a randomly generated unique number or similar identifier. A cookie also may contain information about your computer, such as user settings, browsing history and activities conducted while using the Services.
The Services use the following cookies:
Strictly necessary cookies, which are required for the operation of the Services. Without them, for example, you would not be able to register or log in for the Services that TalkMeUp offers.
Analytical/performance cookies, which allow TalkMeUp to recognize and count the number of visitors, learn how visitors navigate the Services and improve the Services.
Functionality cookies, which TalkMeUp uses to recognize you when you return to the Services.
To learn more about cookies and web beacons, visit www.allaboutcookies.org .
TalkMeUp also uses analytics services, such as Google Analytics, to collect Other Information. Generally analytics services do not identify individual users. Many analytics services allow you to opt out of data collection. For example, to learn more about Google Analytics practices and to opt out, visit www.google.com/settings/ads or by downloading the Google Analytics opt-out browser add-on at https://tools.google.com/dlpage/gaoptout .
How TalkMeUp Uses Data Collection Technology: Some Data Collection Technology is deployed by TalkMeUp when you visit the Services. Other Data Collection Technology is deployed by third parties with which TalkMeUp partners to deliver the Services.
Data Collection Technology helps us improve your experience of the Services by, measuring the success of marketing campaigns, compiling statistics about use of the Services and helping us analyze technical and navigational information about the Services.
We also may use Data Collection Technology to collect information from the device that you use to access the Services, such as your operating system type, browser type, domain and other system settings, as well as the language your system uses and the country and time zone in which your computer or device is located.
Your Control of Cookies : Some web browsers (including some mobile web browsers) provide settings that allow you to control or reject cookies or to alert you when a cookie is placed on your device. Although you are not required to accept cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the Services.
Do Not Track : Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (“ DNT ”) or similar feature that signals to websites that a user does not want to have his or her online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about the browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many website operators, including TalkMeUp, do not respond to DNT signals.
5. HOW WE PROCESS PERSONAL DATA
TalkMeUp processes Personal Data :
To set up and maintain your registration with the Services;
To evaluate your interview and presentation skills;
To communicate with you;
To deliver relevant content to you;
To provide features through the Services;
To prevent and investigate fraud and other misuses of the Services;
To protect our rights and property;
To operate, manage and improve the Services; and
To ensure the technical functionality and security of the Services.
TalkMeUp processes Other Information:
To administer and improve the Services and your experience on the Services;
To analyze trends and gather broad aggregate demographic information;
To statistically monitor how many people are using the Services or opening our emails;
To develop, improve and protect the Services;
For audience research;
To audit and analyze the Services; and
To ensure the technical functionality and security of the Services.
6. HOW WE SHARE INFORMATION
We may share Personal Data collected via the Services with:
TalkMeUp may aggregate information collected though the Services and remove identifiers so that the information no longer identifies or can be used to identify an individual (“ Anonymized Information ”). TalkMeUp shares Anonymized Information with third parties (our sponsors) and does not limit third parties’ use of the Anonymized Information because it is no longer Personal Data.
A pplicable law may require TalkMeUp to disclose your Personal Data if: (i) reasonably necessary to comply with legal process (such as a court order, subpoena or search warrant) or other legal requirements; (ii) disclosure would mitigate TalkMeUp’s liability in an actual or threatened lawsuit; (iii) necessary to protect legal rights of TalkMeUp, users, customers, business partners or other interested parties; or (iv) necessary for the prevention or detection of crime (subject in each case to applicable law).
California Shine the Light Law: California Civil Code Section 1798.83 permits users who are California residents to obtain from us once a year, free of charge, a list of third parties to whom we have disclosed personal information (if any) for direct marketing purposes in the preceding calendar year. If you are a California resident and you wish to make such a request, please send an e-mail with “California Privacy Rights” in the subject line to firstname.lastname@example.org or write us at: TalkMeUp, Inc., c/o Swartz Center for Entrepreneurship, 5000 Forbes Avenue, Pittsburgh, PA 15213.
7. CHILDREN’S PRIVACY
The Services are not directed to or intended for use by minors. Consistent with the requirements of applicable law, if we learn that we have received any information directly from a minor without his or her parent’s verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the minor that he or she cannot use the Services and subsequently will delete that information.
California Minors: While the Service is not intended for anyone under the age of 18, if you are a California resident who is under age 18 and you are unable to remove publicly-available content that you have submitted to us, you may request removal by contacting us at: email@example.com . When requesting removal, you must be specific about the information you want removed and provide us with specific information, such as the URL for each page where the information was entered, so that we can find it. We are not required to remove any content or information that: (1) federal or state law requires us or a third party to maintain; (2) was not posted by you; (3) is anonymized so that you cannot be identified; (4) you don’t follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the Content or information. Removal of your content or information from the Service does not ensure complete or comprehensive removal of that content or information from our systems or the systems of our service providers. We are not required to delete the content or information posted by you; our obligations under California law are satisfied so long as we anonymize the content or information or render it invisible to other users and the public.
8. SECURITY OF PERSONAL DATA
TalkMeUp takes precautions intended to help protect information that we process but no system or electronic data transmission is completely secure. Any transmission of your Personal Data is at your own risk and we expect that you will use appropriate security measures to protect your Personal Data.
You are responsible for maintaining the security of your account credentials for the Services. TalkMeUp will treat access to the Services through your account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. We may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. If you believe that information you provided to us is no longer secure, please notify us immediately using the contact information provided below.
If we become aware of a breach that affects the security of your Personal Data, we will provide you with notice as required by applicable law. To the extent permitted by applicable law, TalkMeUp will provide any such notice that TalkMeUp must provide to you at your account’s email address. By using the Services, you agree to accept notice electronically.
We retain Personal Data in identifiable form only for as long as necessary to fulfill the purposes for which the Personal Data was provided to TalkMeUp or, if longer to comply with law legal obligations, to resolve disputes, to enforce agreements and similar essential purposes.
9. YOUR CHOICES ABOUT YOUR PERSONAL DATA
Accessing or Updating Your Personal Information – The easiest way to correct or delete certain Personal Data that you have provided to the Services is to log in to your account and enter the necessary changes in your profile settings. If you have additional questions regarding access to your Personal Data or to correct and error or omission in your Personal Data by contacting us firstname.lastname@example.org or write us at: TalkMeUp, Inc., c/o Swartz Center for Entrepreneurship, 5000 Forbes Avenue, Pittsburgh, PA 15213. We will make good faith efforts to resolve requests to correct inaccurate information except where the request is unreasonable, requires disproportionate technical effort or expense, jeopardizes the privacy of others, or would be impractical. If you are not a registered user, TalkMeUp may take reasonable steps to verify your identity before providing access to Personal Data.
10. NOTICE TO INTERNATIONAL USERS
12. HOW TO CONTACT US
If you have any questions, comments, or concerns about how we handle your Personal Data, then you may contact us at email@example.com or write to us at: