Words capitalized but not defined herein shall have the meanings attributed to them in a separate instrument that governs delivery, access and use of the Site and uSpeek (the “Terms & Conditions”).
2. Information We Collect And Receive.
Generally, you are under no obligation to provide any information or data, other than the information we require from you to log in. However, if some information or data is not provided, you may be unable to access the Site or use uSpeek.
2.1. Content Data.
The processing by uSpeek of Uploads to obtain the Results constitutes a critical element of uSpeek services. Uploads and any other data shared with uSpeek will be used in accordance with the Terms & Conditions, and as required by applicable law.
2.2. Service Data.
uSpeek also collects, generates and/or receives Service Data:
(a) Account Information: When you create or update an account, you supply to uSpeek your name, address, phone number, email address, details about the expected use of the Site and uSpeek and other details as appearing in the Client Profile. In addition, if you purchase a Subscription Term you provide uSpeek (or its payment processors) with billing details such as credit/ debit card information, banking information and/or (in some circumstances) a billing address.
(b) Usage Information:
2.3. Cookie Information.
2.4. Third Party Services.
uSpeek uses third party services in connection with this Site. The providers of the third party services may share certain information with uSpeek. You should check the privacy settings and notices in these third party services to understand what data may be disclosed to uSpeek.
2.5. Additional Information Provided to uSpeek.
We receive Service Data if you request support, interact with our personnel or our social media accounts or otherwise communicate with uSpeek.
3. Other Use of Data.uSpeek also uses Service Data and Content Data (together “User Data”) in furtherance of our legitimate interests in operating the Site and uSpeek and our business. More specifically, uSpeek uses User Data:
4. Data Retention.
The deletion of an Account may result in the deletion and/or de-identification of certain associated User Data.
uSpeek may retain User Data pertaining to you for as long as uSpeek deems necessary or useful. This may include keeping for any purpose your User Data after you have deactivated your account.
5. How We Share and Disclose Information.
This section describes how uSpeek may share and disclose Information.
5.1. Third Party Service Providers and Partners. We may engage third party companies or individuals as service providers or business partners to process User Data and support our business.
5.2. Corporate Affiliates. uSpeek may share User Data with its corporate affiliates, parents and/or subsidiaries.
5.3. During a Change to uSpeek’s Business. If uSpeek engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of uSpeek’s assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), some or all User Data may be shared or transferred.
5.4. Aggregated or De-identified Data. We may disclose or use aggregated or de-identified User Data for any purpose. For example, we may share aggregated or de-identified Service Data with prospects or partners for business or research purposes.
5.5. To Comply with Laws. If we receive a request for information, we may disclose User Data if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process.
5.6. To enforce our rights, prevent fraud, and for safety. We may disclose User Data to protect and defend the rights, property or safety of uSpeek or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
uSpeek takes security of data seriously. uSpeek works hard to protect User Data from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the User Data we collect, process and store, and the current state of technology.
Given the nature of communications and information processing technology, uSpeek cannot guarantee that User Data, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others.
7. Age Limitations.
uSpeek does not allow use of this Site and uSpeek by anyone younger than 18 years old. You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
9. Data Transfers.
Whenever we transfer your Personal Data, we will comply with applicable data protection laws.
10. Identifying the Data Controller and Processor.
Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. uSpeek is both the controller and processor of User Data you have provided to us.
11. Your Rights.
Individuals located in certain countries, including the Laws of India, have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to Personal Data, as well as to seek to update, delete or correct this Personal Data. Please contact: email@example.com for additional access and assistance.
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. To make such a request, please contact us at the information provided in CONTACT US section.
Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to Personal Data and to receive a copy of the Personal Data, as well as to seek to update, delete or rectify this Personal Data. You may do so by contacting us as outlined in Section 15.1.
EU General Data Protection Regulation (GDPR) has provided the below rights to the EU residents:
EU residents can exercise these rights by raising a request at the information provided in CONTACT US section.
To the extent that uSpeek’s processing of your Personal Data is subject to the General Data Protection Regulation, uSpeek relies on its legitimate interests, described above, to process your data. uSpeek may also process Service Data that constitutes your Personal Data for direct marketing purposes and you have a right to object to uSpeek’s use of your Personal Data for this purpose at any time.
12. Data Protection Authority.
Subject to applicable law, you also have the right to (i) restrict uSpeek’s use of User Data that constitutes your Personal Data and (ii) lodge a complaint with your local data protection authority. You may direct questions or complaints to: firstname.lastname@example.org
13. Contacting uSpeek