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SpeakinMotion Privacy Policy

Last Updated: 11/15/2011

Table of Contents

  1. General
  2. Changes to Privacy Policy
  3. The Information We Collect
  4. Use of the Information We Collect
  5. Disclosures of Personal Information
  6. Use of Web Technologies
  7. Protecting Your Content
  8. Network and Information Security
  9. Updating Your Personal Information
  10. Opt-Out
  11. Protecting the Privacy of Children
  12. Third Party Sites
  13. International Users
  14. California Privacy Rights
  15. Contacting Us

1. General

SpeakinMotion respects your right to privacy. We provide the following privacy policy (“Policy”) to inform you (the “User”) of our policies and procedures regarding the collection, use and disclosure of information we receive from Users of our Web site www.speakinmotion.com (the “Site”). By using the Site or the services available through the Site (the "Service"), either provided directly by SpeakinMotion or by any of our authorized service providers ("Service Providers"), you consent to the terms of this Policy.

2. Changes to Privacy Policy

We reserve the right to change this Policy at any time. If we make any material changes to our Policy, we will post a new policy on our Site and update the “last updated” date set forth above. If we are going to use or disclose your personally identifiable information in a manner materially different from that stated at the time we collected the information, we will give you a choice as to whether or not we use or disclose your information in this new manner.

3. The Information We Collect

We collect three basic types of information through our Service: Personal Information, System Usage Information regarding your video content and external device(s) and Aggregate Information.

  1. Personal Information. As used herein, the term "Personal Information" means information that specifically identifies an individual (such as a name, e-mail address or mailing address), and demographic and other information about an individual when directly linked to personally identifiable information. A user name may be Personal Information if it includes personally identifying information such as a first and last name.

    You are not required to provide Personal Information to visit the Site or to try some sample Services for the purpose of evaluating the suitability of our Service for your needs. If you wish to further evaluate our Service through a free registration account, a trial account or wish to establish a full membership account, you may be required to provide the following types of Personal Information:

    • For site registration, you will be required to provide a working email address that will also serve as a unique username that identifies your personal account and a password that allows access to your account
    • Your name
    • Your address
    • Your email address
    • Your phone number (may be required only for professional Users)
    • Payment information that may include credit/debit card information
    • Other demographic information relevant to your use of our Services
    • Information that validates your professional credentials (for professional Users only)

    While we are in the process of further developing our Site and our Service, we offer interested Users the ability to sign up for progress updates so that we may contact them as new features of our Service become available. To provide this service, we ask users for the following Personal Information:

    • Name
    • Contact information (either email or an address)
    • Limited demographic information

    Any Personal Information that you may provide to SpeakinMotion in association with our Custom Recording Service is at your sole discretion and will be handled in accordance with the Personally Identifiable Information section listed within the Custom Recording Section of the Terms of Use Agreement.

  2. System Usage Information. System Usage Information may include any information relating to a particular User’s use of our Services, but relates only to Users that have established a membership account. System Usage Information may include, but is not limited to the following types of information:

    • Logged diagnostic information
    • Count, type and frequency of video content associated with, viewed by or created by our Users through the general use of our Service
    • Information associated with software or hardware external to SpeakinMotion such as information relating to Users’ mobile devices, Users’ IP addresses or Users’ personal computer systems

    System Usage Information is linked to a user name and thus linked to Personal Information. Use of this information allows us to tailor our Service to better serve our Users and to ensure the ongoing reliability of our technology platform.

  3. Aggregate Information. Aggregate Information is data we collect about a group or category of Services or Users from which individual User identities have been removed. In other words, information on how you use our Service may be collected and combined with information about how others use the Service, but no Personal Information will be included in the resulting data. Aggregate data helps us understand trends in our Users’ needs so that we can evaluate new features or otherwise tailor our Service.

    This Aggregate Information may come from sources such as server log files, environmental variables (such as your MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version) and from scanning navigational data. Such information could include the web site you were on before coming to SpeakinMotion, IP addresses, or areas of the Site clicked on most frequently. We and our Service Providers may also use "cookies" as well as so-called "pixel tags," "web beacons," "clear GIFs" and other similar technologies further explained in Section 6 (“Use of Web Technologies”).

4. Use of the Information We Collect

  1. Personal Information. When you create your own membership account, SpeakinMotion will use your Personal Information to generally operate, maintain and provide you with the features and functionality of our Services. Specifically, your Personal Information may be used in the following ways:

    1. Fulfillment of Requests. We may use Personal Information to fulfill the purpose for which such Personal Information was provided (e.g., to fulfill your request for a membership account or other transaction). We may also provide your contact information to your credit card issuer or to credit card processors for their purposes. No other use of your financial information will be made except to satisfy any law, regulation, governmental request or judicial order. When you make a purchase through the Site, or register with the Site, you will provide us with an email address or mailing address where we, or the relevant Service Provider, may contact you for the purposes described in this paragraph.
    2. Professional Communications. Your Personal Information may be shared with one or more designated speech professionals for the purpose of helping you to manage your account and all associated content. If your account was established by or in conjunction with a professional, then this professional will, by default, have access to your Personal Information, with the exclusion of any financial or payment related information. Users have the ability to associate or disassociate their account with one or more professional accounts at their discretion.
    3. Administrative Communications. From time to time, we may send you service announcement updates with important information about our Service. Service announcements may contain information vital to your account, so members may not unsubscribe from service announcements.
    4. Customer Service. Any Personal Information obtained through your contact with our Customer Service team or communications with us, such as chat or emails, may be recorded to help us provide better service.
    5. Other Communications. We may notify you via email or through the mail about new features, products and promotions. We may also send you information on carefully screened third parties whose products or services may be of interest to you. SPEAKINMOTION WILL NOT RENT OR SELL YOUR PERSONAL INFORMATION FOR USE BY THIRD PARTIES. If you wish to unsubscribe from these mailings, please review the instructions in Section 10 ("Opt-Out").
    6. Testimonials. Testimonials are used to show the benefits provided by our Service. SpeakinMotion will always seek consent prior to posting any testimonial in which Personal Information is included.
    7. Internal Business Purposes. We may also use Personal Information about you for our internal business purposes, such as data analysis, audits and so forth.
    8. Combining Information. At times, we may combine Personal Information collected from our Service and other information you shared with us to customize our Service to you and improve your experience. For example, we may recommend products or offers you may be interested in based on what you have liked in the past. Additionally, in order to provide certain Service to you, we may on occasion, supplement the Personal Information you submitted to us with information from third party sources. For example, we may use the US Postal Service's national change of address database in order to verify customer mailing addresses. We also reserve the right to purchase additional marketing data and add it to our existing User database, to better target our advertising and to provide pertinent offers in which we think you would be interested. To enrich our profiles of individual Users, we may also tie this information to the Personal Information that our Users have provided to us.
  2. System Usage Information. We may retain System Usage Information for the purpose of facilitating the delivery of our Service, evaluating User patterns, enforcing account usage terms or monitoring system performance. For example, we may look at how often a particular feature is used to determine whether or not to improve the feature or add different features. We may use logged diagnostic information to fix bugs and track down problems. In the course of customer support, we may look at system logs to try to understand what Users were doing when they had a problem.

  3. Aggregate Information. As Aggregate Information does not personally identify our Users, this policy in no way restricts or limits our collection and use of Aggregate Information. We may look at aggregate demographic information to better understand our Users and to guide product development. We may share Aggregate Information about our Users with third parties for various purposes. These include, but are not limited to, helping us better understand and improve our Service, advertising purposes and marketing purposes.

5. Disclosures of Personal Information

We make safeguarding the information we gather about you a priority. We do not share your Personal Information with outside parties except to the extent necessary to provide our Services, deliver products requested by our Users, or as required by law (Paragraph c).

  1. SpeakinMotion Product/Service Development Partners. SpeakinMotion has partnered with several Speech Language Professionals, including the Stroke Comeback Center of Vienna, Virginia to further develop products and services. Personal Information may be shared with the Stroke Comeback Center or any other Development Partners in circumstances where it is required to provide Users with our Service. We do not provide any credit card or other payment related information to any Development Partners. Any Personal Information received by a Development Partner will be treated in accordance with this Policy.

  2. Other Third Party Service Providers. SpeakinMotion may share Personal Information with other carefully screened third-party service providers to provide you with the products, services and information you have requested or to execute marketing related programs on behalf of SpeakinMotion. Examples of such third-party service providers are credit card authorization companies, merchandise distributors, shippers or outbound email vendors. SpeakinMotion has instructed these service providers not to store, retain or access your Personal Information except to provide our Service to you.

  3. Law Enforcement; Emergencies; Compliance. SpeakinMotion may disclose Personal Information in the following situations as we believe to be appropriate, even though you might have requested that we do not share your information: (a) under applicable law; (b) to comply with legal process; (c) to respond to governmental requests, including requests from law enforcement and regulatory authorities; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect the rights, privacy, safety or property of SpeakinMotion, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose Personal Information to law enforcement agencies and regulatory authorities to assist them in identifying individuals who have been or may be engaged in unlawful activities.

  4. Assignment. We reserve the right to transfer Personal Information to a new entity or third party as part of a merger, acquisition, reorganization, sale of some or all of our assets, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings). We will notify you via email and/or prominent notice on our Site if the third party's or new entity's treatment of Personal Information will materially differ from the treatment described in this Policy; this notice will be provided at least 30 days before such material changes take effect.

6. Use Web Technologies

  1. Cookies. A "cookie" is a small file that we save on your computer's hard drive that contains non-personal information. These cookies help to give you faster access to pages you have already visited. They also allow you to personalize your pages, and optimize your experience at our sites. We also use cookies to help us analyze site usage (e.g., to track site visits, visit durations or page views. This information helps us improve our Service. You can disable cookies on your computer by indicating this in the preferences or options menus in your browser. Most browsers accept cookies automatically, but allow you to disable them. Disabling cookies may prevent you from properly using our Service or accessing our Site.

  2. Session IDs. "Session IDs" allow us to identify a particular User across multiple web page requests. This Session ID is maintained within your cookie file, where possible. If cookies are not enabled, or if the User's internet browser program does not support cookies then we may place the Session ID in the requested web page. This allows Users to avoid continually re-entering certain information such as account name and password for every web page request.

  3. Web Site Tracking, Reporting. Our web pages may also contain special electronic images (called a "single-pixel gif" or "gifs") that allow us to gather only non-personally identifiable traffic statistics and other aggregate information about visitors to our Site. SpeakinMotion (through itself or third parties) uses this technology to collect and accumulate anonymous data that helps us understand and analyze the experience of people visiting our Site. For example, we may capture data on the type of browser used, operating system software (e.g. Windows 95 vs. 98 or Macintosh), cookie preferences (whether the user has them turned on or off), and search engine keywords (what key words did a visitor use to get to our Site). We also record number of visits, paths taken and time spent on our Site.

  4. Google Analytics. SpeakinMotion uses Google Analytics to help analyze how Users use our Site. This analytical tool uses cookies to collect standard internet log information and visitor behavior information in an anonymous form. The information generated by the cookie about your use of the Site (including your IP address) is transmitted to Google. This information is then used to evaluate Users’ use of the Site and to compile statistical reports on website activity for SpeakinMotion. SpeakinMotion will not use (and will not allow any third party to use) the statistical analytics tool to track or to collect any Personal Information of Users. We will not associate any data gathered from this Site with any personally identifying information from any source as part of our use of the Google statistical analytics tool. Google will not associate your IP address with any other data held by Google. Google will not link, or seek to link, an IP address with the identity of a User.

  5. Banner Ads. The Services may include the use of ad banner partners for the serving and/or targeting of ads, promotions and other marketing messages. These ads may be provided, in some cases, by a third party ad service provider. The ad service provider may place or utilize their own, unique cookie on your browser, and may use non-personally identifiable information about your visit to our Site, such as the number of times you have viewed the ad. SpeakinMotion is not responsible for the collection of these cookies and is not responsible for the actions of the ad service providers. SpeakinMotion does not sponsor, endorse or guarantee any products or services advertised by third parties on its Site. These companies may use information (not including your Personal Information) about your visits to this and other web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and your choices about not having this information used by these companies, visit http://networkadvertising.org/consumer/opt_out.asp.

7. Protecting Your Content

The SpeakinMotion Site is designed to allow member Users access to personal and public video content. Any personal video content that was created by, uploaded by or created specifically for a member User will only be accessible by that User unless that User designates the content as publicly shared or explicitly shares the content with other individual users. SpeakinMotion is not responsible for any undesired use of your content to the extent that a User downloads or otherwise removes certain video content from the SpeakinMotion Site. SpeakinMotion reserves the right to screen any User-generated content for appropriateness and to ensure that it abides by the terms of use.

8. Network and Information Security

Reasonable effort will be taken to prevent unauthorized release, corruption or loss of your personal content data. We limit which employees at SpeakinMotion have access to your Personal Information. Specifically, only employees who require your Personally Information to perform a specific task are granted access to such information.

Your account information and access to our Service is accessible only through the use of an individual user name and password. To protect the confidentiality of Personal Information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of our Site and Service by any person using your account user name and password. Please advise us immediately if you believe your account user name and password have been misused. Please note that we will never ask you to disclose your password in an unsolicited phone call or email.

SpeakinMotion seeks to have reasonable security measures in place to help protect against the loss, misuse and alteration of the information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. As a result, although we strive to protect Personal Information about you, we cannot ensure or warrant the security of any information you transmit to us through or in connection with the Service or that is stored by us. You acknowledge and agree that any information you transmit through the Service or upload for storage in connection with the Service is so transmitted or stored at your own risk. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with Section 15 ("Contact Us").

9. Updating Your Personal Information

SpeakinMotion will make an effort to keep all your Personal Information up to date when you provide it to us. You can update your account information and change your password at any time. You can access this information through the ‘MyAccount’ tab once logged into the Site. If you have forgotten your password, you can set a new one by contacting us in accordance with Section 15 ("Contact Us").

10. Opt-Out

By using our Service, you understand that we may send you communications or data regarding the Service, including but not limited to (i) notices about your use of the Service, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding our products and services, via electronic mail. We give you the opportunity to opt-out of receiving any non-essential electronic or postal mail from us by unsubscribing. The process of unsubscribing may vary depending on the nature of the correspondence. All bulk emails will include an ‘unsubscribe’ link. Other unsubscribe options may be offered through the ‘Account’ section for registered users of the Site. Finally, you may always opt out of any undesired communications by contacting us in accordance with Section 15 ("Contact Us").

11. Protecting the Privacy of Children

We do not knowingly collect Personal Information from children under the age of 13. Please do not register at SpeakinMotion if you are under the age of 13. In the event we discover we’ve collected information from a child under age 13 without verification or parental consent, we will delete the information as quickly as possible. We recommend that minors over the age of 13 seek their parents’ permission before sending any personal information about themselves.

12. Third Party Sites

The Service may contain links to third party websites. These linked sites are not under our control and we are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site. We provide such links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of the linked site by us. If you provide any Personal Information through any such third party website, your transaction will occur on such third party's website (not the Service) and the Personal Information you provide will be collected by, and controlled by the privacy policy of, that third party. We recommend that you familiarize yourself with the privacy policies and practices of any such third parties. PLEASE NOTE THAT THIS PRIVACY POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.

13. International Users

By using our Site and providing us with data, you acknowledge and agree that due to the international dimension of SpeakinMotion, we may use the data collected in the course of our relationship for the purposes identified in this policy or in other communications with you, including the transmission of information outside your resident jurisdiction. Please note that your personal information will be stored and processed on our computers in the United States. The laws on holding personal data in the United States may be less stringent than the laws of your country. If you object to your personal information being transferred or used as described in this Policy, please do not register for the Service.

14. California Privacy Rights

California Civil Code section 1798.83 permits customers who are California residents to request certain information regarding disclosure of personal information to third parties for their direct marketing purposes. We do not provide your personal information to any third party for their direct marketing purposes. If you would like more information with respect to your privacy rights under California law, you may contact us at the contact point below. Please reference your request as “California Disclosure Information.”

15. Contacting Us

Any questions about this Policy should be addressed to support@speakinmotion.com.