Last Updated: February 4th, 2022
(a) TERMS OF SERVICE AND END USER LICENSE AGREEMENT
CHILDREN UNDER THE AGE OF 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on our Website or on or through any of its features, make any purchases through our Website, use any of the interactive or public comment features of our Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org .
(b) CONSENT AND AGREEMENT TO BE BOUND
(ii) YOU MAY ALSO HAVE PROVIDED CONSENT THROUGH THE SPEAK PLATFORM. There are certain types of device data that the Product cannot access without Your consent. The various application marketplace platforms that Speak Ai Inc. serves the Product through will notify You the first time the Product requires permission to access certain types of data and will let You decide to consent to that request. You further agree to abide by all the terms in the Speak Platform end user licensing agreement, or any other applicable application store (“Digital Distributor”) agreement, so long as such agreement does not conflict with the terms herein or the Terms of Service.
(iii) CHANGES WILL REQUIRE YOUR CONSENT. In the case of a material change to the Product as described in the amendment provision set out in the Terms of Service, and in accordance with the amendment requirements set out therein, Speak Ai Inc. will provide written notice to inform You and will obtain consent from You for any new purposes not previously identified.
(c) CONSENT TO THE COLLECTION AND ANALYSIS OF THE INFORMATION YOU PROVIDE TO US
(ii) CONSENT TO PROCESS THIRD PARTY DATA YOU SEND TO US IS YOUR RESPONSIBILITY. Any data sent to Speak Ai Inc. for processing by You is considered to be third party data (“Third Party Data”). For all Third Party Data, consent required upon collection of third party data shall be obtained by You (“Third Party Data Consent”).
(iii) CONSENT TO RECEIVING COMMUNICATIONS FROM US: When You sign up for an account, You are opting in to receive emails from the Product for administrative or technical issues and You may occasionally receive Speak Ai Inc. newsletters.
- WE WILL NOT REQUEST CONFIDENTIAL PERSONAL INFORMATION: Speak Ai Inc. will never send emails to customers requesting confidential information such as passwords, credit card numbers, or social security or social insurance numbers. Please do not act on any such emails as You may compromise Your Personal Information by replying or by following links to a fraudulent website.
(g) CONTACT INFORMATION
If You have questions or concerns regarding Speak Ai Inc.’s policy or practices, please contact Speak Ai Inc.’s privacy officer by email at email@example.com or at the following address: 201 King Street, London, Ontario, N6A 1C9
(h) EFFECTIVE DATE.
2. COLLECTION OF USER INFORMATION INCLUDING PERSONAL INFORMATION
(a) DISCLOSURE OF COLLECTION
(b) COLLECTION OF PERSONAL INFORMATION
We collect and use several types of information from and about You when using our Products, including:
(i) REGISTRATION INFORMATION: Your user registration information which includes the following personal information (“Personal Information”): first and last name, email address, billing address, credit card or payment information, phone number, and photograph if You supply one to Speak Ai Inc. as Your personal avatar;
(ii) TECHNICAL INFORMATION: technical information about Your device such as the type of device, OS version, location, IP address, and other browser type and information (e.g., size, connection speed and connection type;
(iii) USER PREFERENCES COLLECTED AUTOMATICALLY: Your User Preferences (as defined below) which Speak Ai Inc. will collect and determine automatically through Cookies (as defined below) and traffic data as described below;
(iv) USER PREFERENCES SUPPLIED BY YOU: Your user experience preferences and settings (time zone, language, etc.), as well as content and usage preferences (collectively, the “User Preferences”); and
(v) CONTENT SUPPLIED BY YOU: Speak Ai Inc. collects content that You upload, post, and/or share to Speak Ai Inc.’s Product which includes Speak Ai Inc.’s Social Media Services. This content may also include facial recognition data.
(c) METHODS OF COLLECTION
We may collect electronic information from You from the following sources:
(i) COLLECTION OF INFORMATION AT REGISTRATION. Registration is required if You want to use the Product. As part of this registration, Speak Ai Inc. will require that You submit certain information that is relevant to the purposes of the Product (e.g. by filling in forms or corresponding with us by phone, email, or otherwise purchasing our Products).
(ii) COLLECTION THROUGH SOCIAL MEDIA: If You are logged into social media websites or applications (such as Facebook, Instagram, Twitter, among others, and individually and collectively, “Social Media Services”) on pages and/or locations that are related to Speak Ai Inc.’s Product, Speak Ai Inc. may receive information from such Social Media, in which case Speak Ai Inc. may collect and store information identifying Your account with the Social Media Services;
(iv) COLLECTED AUTOMATICALLY THROUGH ANALYTICS TOOLS: Speak Ai Inc. may collect and store information (including Personal Information) locally on Your device using mechanisms such as Product data caches, “Cookies” (cookies, pixel tags or other similar technologies which are small data files that are stored on an End-User’s device for record-keeping purposes that track where You travel on the Product and what You look at, on single sessions or accumulated over time. Although Cookies are used by most major Products and are accepted by default by most Products, it may be possible to disable Cookies via Your settings), and through “traffic data” which collects the, route and destination of users and information on and through Speak Ai Inc.’s Product, as well as cookies that are stored temporarily on Your device. Other information that may be automatically collected about you may include usage details, IP addresses, and information collected through web beacons and other tracking technologies.
(d) PROCESSING OF COLLECTED INFORMATION
3. DATA MANAGEMENT
(a) VALIDATION AND CHANGES TO SPEAK AI INC.’S END USER-INFORMATION
(i) VALIDATION: Speak Ai Inc. will validate the Personal Information to the best of its ability. Speak Ai Inc. will validate Personal Information wherever possible and any discrepancies discovered shall be corrected.
(ii) CLIENTS COLLECTING INFORMATION ON BEHALF OF THEIR END-USERS. In the case that the End-User Personal Information is provided to Speak Ai Inc. by one of Speak Ai Inc.’s clients Speak Ai Inc. will accept that database as verified and accurate. If Speak Ai Inc. is collecting the data on behalf of Speak Ai Inc.’s client, Speak Ai Inc. will work with the Client to ensure that processes will be put in place to ensure that end users are given the chance to review and correct any data issues.
(iii) REVIEW OF INFORMATION AND INDIVIDUAL ACCESS. Speak Ai Inc. relies on You to ensure that the Personal Information You enter into Speak Ai Inc.’s system is as accurate, complete and up-to-date as necessary for the purposes for which it is to be used. Until the Personal Information Removal Date (as defined below), You may review or update Your Personal Information by submitting a request to review or update Your Personal Information to firstname.lastname@example.org indicating that You are requesting such review or update, subject to the identity verification process set out below, and with the understanding that the Speak Ai Inc. may make changes to Your Personal Information to meet the technological requirements of Speak Ai Inc.’s networks and media. Unless required to comply by law, Speak Ai Inc. may reject access or modification requests that are unreasonably repetitive, require disproportionate technical effort, risk the privacy of others, or would be extremely impractical. Where Speak Ai Inc. can provide information access and correction, and when required by law, Speak Ai Inc. will do so for free.
(iv) REMOVAL OF YOUR PERSONAL INFORMATION BY US OR BY YOU: At any time and up to 30 days after Your account with Speak Ai Inc. has been terminated or the maximum time period allowed by Applicable Law as described below, whichever is longer (this is the “Personal Information Removal Date”) the End User may request a copy of all of the End-User’s User Data from the Product. After the Personal Information Removal Date, or upon Your specific request to email@example.com to delete the Personal Information, such Personal Information shall be deleted by Speak Ai Inc. within a reasonable period, unless:
(a) INFORMATION MAY BE RETAINED UNTIL A SYSTEM-WIDE BACKUP IS PURGED: such data may continue to temporarily persist in Speak Ai Inc.’s system-wide business recovery back-ups (if any) until such time as the system-wide business recovery backup is deleted and replaced with data that does not include data collected during Your agreement term; however, You have no expectation of data retention whatsoever and acknowledge that backing up of Your own data is Your responsibility; or
(b) INFORMATION MAY BE RETAINED IF REQUIRED TO COMPLY WITH LAW: such data may continue to temporarily persist to the extent that such information is required to be retained for compliance with Applicable Law (for example, to prevent, investigate, or identify possible wrongdoing in connection with the Product or to comply with legal obligations) and until such time as such information is no longer required for this purpose, however, You acknowledge that recovery of data is not permitted by You from within this system under these circumstances unless Speak Ai Inc. is required and compelled to do so by law, and in such event, at Your sole expense.
(v) CHANGE REQUESTS MAY REQUIRE IDENTITY VERIFICATION ON YOUR PART: When updating Your Personal Information, Speak Ai Inc. may ask You to verify Your identity before Speak Ai Inc. can act on Your request.
(vi) TRACKING YOUR PREFERENCES. Speak Ai Inc. will capture and manage all End-User and Client privacy preferences. The preferences will be tracked in the database and attached to Your End-User records. If the preferences are changes, the modifications will be incremental, and added to an audit log. Tracking of Your consent to the collection, storage and use of Your Personal Information will also be recorded for the purposes of an audit log for consent. To ensure that the data is traceable, the source of the data will be logged, as well as a timestamp for the transaction.
(b) STORAGE AND RETENTION
(ii) DATA RETENTION:
- OF NON-PERSONAL INFORMATION: Data that is non-Personal Information may be kept by Speak Ai Inc. for an indefinite period however, this does not constitute a guarantee that Speak Ai Inc. will keep the data indefinitely. If a User or Client would like to ensure that data is indefinitely kept, that can be requested, upon written agreement of the parties of a custom services plan. This data will primarily be used in aggregate and anonymized format to drive business intelligence and analytics.
- OF PERSONAL INFORMATION: Personal Information data will be kept until the Personal Data Removal Date (as defined above), with such deletion to be initiated by Speak Ai Inc. or by the User, in the manner described above in the section entitled “Removal of Personal Information By Speak Ai Inc. or by You.”
- DATA RECOVERY BY YOU: Other than information that Speak Ai Inc. is required to retain and provide to You by law, Speak Ai Inc. will not restore data unless it is available and then only if Speak Ai Inc. determines, in its sole discretion that a data recovery is necessary.
- PERIODIC AUDIT. Speak Ai Inc. will perform routine audits at its sole discretion or on a schedule as required by Applicable Law to confirm deletion of the data has occurred in the manner described above in the section entitled “Removal of Personal Information By Speak Ai Inc. or By You.”
(c) SECURITY MEASURES: Speak Ai Inc. takes Your privacy very seriously. If You have a security related concern, please contact Speak Ai Inc. at firstname.lastname@example.org. Speak Ai Inc. will work closely with You to ensure a quick and personal response to Your concerns. In addition, Speak Ai Inc. restricts unauthorized access through protective policies, procedures, and technical measures, including:
- SAFEGUARDS PROVIDED BY YOU: To keep Your Personal Information secure, You are required to safeguard Your End-User name and password information in accordance with the Terms of Service .
- SAFEGUARDS PROVIDED BY US: Speak Ai Inc. will provide physical and electronic safeguards with regard to the storage of Personal Information as required by law, however, and pursuant to disclaimer provided in the Terms of Service, You understand that in order for Speak Ai Inc. to operate the Product, End-User Data may be transmitted by You to Speak Ai Inc. over the internet, public networks or otherwise, and You acknowledge that no such data transmission can be guaranteed to be completely secure, and that, beyond Speak Ai Inc.’s requirements to provide a warranty on information security [as required by law or in accordance with the security protocols agreed to by the parties hereto in writing], Speak Ai Inc. cannot warrant the security of any information You transmit to us, and that You do so at Your own risk.
- ACTIONS IN THE EVENT OF DATA BREACH. A “Data Breach” is defined as any non-authorized access to the storage locations of the data, or access to a storage location by an individual that is potentially suspected of having performed non-authorized activities. In the case where a Data Breach has occurred, if Speak Ai Inc. believes that the breach creates a real risk of significant harm to the end-users, the End-User and Client will be notified in the manner as required by law, and all the details regarding the impact to the End-User and Client will be shared.
(d) TRAINING SPEAK AI INC.’S STAFF IN DATA MANAGEMENT:
- TRAINING OF SPEAK AI INC.’S STAFF FOR HANDLING PERSONAL INFORMATION: Speak Ai Inc.’s employees and contractors are required to adhere to standards and policies to ensure that Personal Information is secure and treated with the utmost care and respect. Furthermore, Speak Ai Inc. limits access to Your Personal Information to those employees or contractors who Speak Ai Inc. reasonably believe need to come into contact with that information in order to do their jobs and Personal Information will only be reviewed if anonymize of otherwise accessed on a “need-to-know” basis.
4. DATA USAGE SCHEDULE TO THE PRODUCT TERMS OF SERVICE
(a) USE AND DISCLOSURE OF PERSONAL INFORMATION. Speak Ai Inc. will not use or disclose Personal Information other than the purposes identified below (individually and collectively, the “Purpose”):
(i) TO COMMUNICATE WITH YOU AND TO PROVIDE CUSTOMER SERVICE: To Provide Customer Service and support, administrative messages, updates, and security alerts, to resolve disputes, and to troubleshoot problems;
(ii) TO IMPROVE SPEAK AI INC.’S PRODUCT: To fulfill Your requests or Speak Ai Inc.’s product roadmap for certain features of the Product, to customize, measure, and improve the Product including by analyzing trends, tracking user movements on the Product, gathering demographic statistics about Speak Ai Inc.’s user base as a whole, and to assist Speak Ai Inc. to measure Speak Ai Inc.’s performance and effectiveness of Speak Ai Inc.’s content, and to share Speak Ai Inc.’s performance information with others;
(iii) TO IMPROVE SPEAK AI INC.’S CONTENT: Speak Ai Inc. may post Your social media content, testimonials, and other information provided by you;
(iv) TO FULFIL SPEAK AI INC.’S BUSINESS GOALS: to directly or indirectly offer or provide You with products and services that are based on Speak Ai Inc.’s analysis of Your needs as determined by Speak Ai Inc.’s analytics and the analytics of Speak Ai Inc.’s third-party processors, unless You opt out;
(vi) IN THE EVENT OF AN ACQUISITION OF SPEAK AI INC.’S COMPANY. In the event that Speak Ai Inc., or all or a portion of Speak Ai Inc.’s business, or one or more of its divisions, is acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation, liquidation or other similar transaction, Your Personal Information shall be one of the transferred assets. To the extent that Speak Ai Inc. is required to do so by law, You will be notified of any changes in ownership or use of Your Personal Information.
[(ix) TO PROCESS PAYMENTS: To use certain services on the Product, Speak Ai Inc. may require debit or credit card account information (“Debit or Credit Card Information”). By submitting Your Debit or Credit Card Information through the Product, You expressly consent to the sharing of Your information with third-party payment processors.
(x) And to fulfill other purposes related to Speak Ai Inc.’s Product, subject to Your explicit consent if consent is required by law.
(d) RIGHTS TO CONTENT PROVIDED BY THE END-USER
(i) FOR INFORMATION YOU PROVIDE. By posting content on the Application (the “User Data”), the End-User and Client jointly hereby grants to Speak Ai Inc. a worldwide, non-revocable, non-exclusive, perpetual, royalty-free, and sub-licensable right to use, create derivative works of, modify, and distribute (including without limitation, distribution online, through multiple channels, and bundled with other applications or materials) such content, and further, agrees to waive any moral rights to such User Data, and agrees that Speak Ai Inc. may modify or adapt the User Data in order to transmit, display or distribute it over other applications and in various media. The Client and/or End-User agrees that the Client and/or End-User will individually and jointly defend, indemnify and hold harmless Speak Ai Inc. from and against any Claims (as defined in the Agreement) arising from the nature of the content submitted and/or the ownership of End-User Data and any claims of infringement of third party intellectual property related to such End-User Data.
(ii) FOR INFORMATION WE AUTOMATICALLY COLLECT. Speak Ai Inc. Collection and Analysis of Data. Speak Ai Inc. creates benefit to all of its Clients and End-Users by analyzing Speak Ai Inc. Data for the purposes of Product improvements. The Client and/or End-User agrees that Speak Ai Inc. shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of Speak Ai Inc. products and related systems and technologies, and Speak Ai Inc. will be free (during and after the Initial Term or subsequent Renewal Term) to (i) use such information and data to improve and enhance Speak Ai Inc. products generally, (ii) for other development, diagnostic and corrective purposes in connection with the Products and Services, and (ii) disclose such data solely in aggregate, anonymous, and non-identifiable form that is in no way connected Client and/or End-User or its business.
5. LIST OF THIRD PARTY PROVIDERS AND END-USER DATA STORAGE PROVIDERS
- Microsoft Corp.
- Amazon.com Inc.
- Google Analytics