Privacy Policy

Speakening® is committed to protecting your privacy and your personal information provided to us through the internet website www.speakening.com (“Website”). The purpose of this Privacy Policy (“Policy”) is to inform you concerning the types of information we gather about you when you visit the Website, how that information may be used, and how you may access information you provide to us.

For the purposes of this Policy, the term “Speakening” (or “we” or “us” or “our”) includes, individually and collectively, Speakening®, our officers, directors, agents, employees, representatives, shareholders, parents, partners, independent consultants, licensees, affiliates, subsidiaries, related entities, successors and assigns.

Your use of the Website constitutes your acceptance of this Policy and the terms and conditions described herein. If you do not agree with or accept this Policy or any of the terms and conditions contained herein, please do not use the Website. To the extent that any terms of this Policy conflict with the terms of any separate written agreement between you and Speakening® regarding the use of specific areas of the Website, the terms of such agreement shall govern. 

We may amend this Policy from time to time. If we make any significant changes in the way we use your personal information, we will post such changes on this page which should be checked periodically.

1.  Personal Information that is Collected.  Speakening only collects information via the Website that is voluntarily submitted including requests for information about our products, educational courses and services. Information collected may include your name, postal and e-mail addresses, and phone and fax numbers.

At various locations on the Website, such as when you contact us, register to use the Website, log in to a password protected area, subscribe to a newsletter or similar service, or make a purchase through the Website, we may request or present you with the option to provide certain information such as your first name and last name, e-mail address, home phone number, work phone number, cell phone number, postal address, home address, credit card number and billing address, last four digits of your social security number, company or employer name, company contact name, or other information from which your identity is discernible (“Personal Information”). As part of creating an account on the Website, you may also be requested to provide questions and secret answers which we will use to help verify your identity. We may use Personal Information to better understand your interests and needs and to improve and enhance the Website and our products and services. We may also use such information to contact you.

Speakening® may share or sell your Personal Information to any third party. If you do not want your Personal Information collected and stored, do not submit it to us. Please note that if you do not submit such information, you may be precluded from accessing certain services and features on the Website.

Keeping Personal Information secure is a top priority for us. The information provided by you is stored in a secure location and is accessible only by designated employees or agents of Speakening.  We make reasonable efforts to keep the information you submit confidential, but we are not responsible or liable for attacks by hackers or others on the Website that may compromise the Website or the information stored within. Requests, inquiries or comments/concerns sent via the Website are directed to the appropriate Speakening individual. To correct or update any information you have provided through the Website, please contact us at info@speakening.com.

We do not knowingly request, collect or store Personal Information from anyone under the age of 13 and will take the appropriate steps to delete any such information that has been submitted to the Website.

2.  Other Information that is Collected.  Non-personal information that by itself cannot be used to identify or contact you may be collected on the Website.  This can include your internet browser or the computer operating system you use, demographic information such as your age, gender, income, education, profession or zip code, as well as the date and time you visited the Website, the pages you accessed, the name of the website from which you linked to the Website, country of residence, country of birth, employment status, job title or description and other information that does not specifically identify you. This non-personal information may be used by us for demographic purposes, analysis of trends, interests and needs, and to improve and enhance the Website and our products and services.  Speakening reserves the right to use or disclose such non-personal information in any manner.

3.  Cookies.  Speakening may make use of "cookies", i.e., data or text files sent by a web server that are stored on your computer which contain information that can later be read by a web server in the domain that issued the cookie to you.  Any user IP logging information collected from visitors to the Website is used solely in aggregate Website traffic reports. No attempt is made to track individual visitors to the Website.

Two types of cookies may be used: session cookies and persistent cookies.  These enable us to collect aggregate information on the usage patterns of the Website, for example, which areas of the Website are visited most often. Session cookies exist only while your internet browser remains open. When the session ends, the internet browser is closed and the cookies are deleted. Persistent cookies remain from visit to visit and are saved on your computer by the internet browser – they are not deleted when you exit your internet browser.

Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are widely used and the information contained in cookies will enhance your experience on the Website. Cookies can store non-personal information, such as what Website pages you have previously accessed, and may be tied to the Personal Information you provide. Cookies enable our web servers to provide users of the Website with relevant and appropriate information, content and services.

Your internet browser may be set to refuse to accept cookies.  This may affect the functioning of the Website. Cookies can be erased from your computer and your computer may be able to block cookies or transmit a warning before a cookie is stored. The “Help” feature on your internet browser should have information regarding these functions.

4.  Embedded URLs and Pixels.  Speakening® may also use a tracking technique that employs embedded URLs which allow certain non-personal information to follow you as you navigate the Website, and which may also be used beyond the session.  We may also use embedded electronic images or pixel technologies (generally called “web beacons”) in order to identify unique visits to the Website. These technologies may also be used to assist in delivering cookies on the Website. In addition, web beacons may be used to provide information on when an e-mail is opened and acted upon.

5.  E-Mail.  Speakening uses senders’ e-mail addresses to answer the e-mails we receive. Such addresses and other personal information may be shared with third parties or used for unsolicited communications.  We may use the personal information you provide in an e-mail in order to respond to your questions or comments.  We may also save your questions or comments.

If you have subscribed to an e-mail list, electronic newsletter, or other forms of communications from Speakening, you may have your name removed by clicking the “unsubscribe” link which is included at the bottom of our e-mail communications. You may also opt out by contacting us via the e-mail address that is specified in the communication.  We will process your unsubscribe request as soon as reasonably possible.

6.  Information Sharing.  While Speakening makes all reasonable efforts to protect the privacy of our Website visitors and users, we may need to disclose information, including, but not limited to, your identity where required by law, rule or regulation, or where we have a good faith belief that disclosure is necessary to comply with a court order, if requested by a governmental or law enforcement authority, as part of a legal process, or otherwise to protect our rights. Disclosure may include sharing information with other companies and organizations to protect against fraud or credit risk. In addition, certain non-personal information may be disclosed to comply with federal laws or regulations, for example, your sex, race and ethnicity.

We reserve the right to disclose information from our access logs concerning any user of the Website when that user has violated our Terms of Service and Conditions of Use or other published guidelines or is participating, or is reasonably suspected of participating in an illegal activity. We reserve the right to report such suspected illegal activity to law enforcement personnel for investigation and possible prosecution.

7. Protecting Your Personal Information. Speakening® uses various technologies and procedures in our effort to protect your personal information from unauthorized access, use or disclosure, including storing such information on computer systems in controlled facilities with limited access. When you place an order, make a purchase, or use a service through the Website, your credit card information is protected by means of a third party service provider. It is not possible, however, for Speakening to guarantee the security of information disclosed online to us because no transmission of data over the internet is totally secure. You agree to assume all risk in connection with the information provided to us or collected by us when using the Website. It is your responsibility to keep confidential any password required to access certain areas or features of the Website.

We use a third party service provider to process credit card transactions and fulfill online purchases. In order to fulfill your order, our service provider may disclose your personal information and credit card number to a credit card processing company, and/or a shipping/fulfillment company.  These third party service providers are solely responsible for securely storing all such information and Speakening has no responsibility or liability with respect to the secure storage of such information.

8.  Your Access to Your Information – Deleting Your Information.  Speakening® may retain indefinitely all of the information collected from you, including any corrections, updates or other changes that you may make. In the event you are able to delete any information submitted by you or close your account, we may remove them from our online database except for backup and archival copies which cannot be accessed through the internet.

9.  Surveys and Polls.  Speakening® may offer interactive surveys, questionnaires and polls to visitors and users so they can share their opinions with other visitors and users and enable us to learn what our audience thinks about our products and services and to better target our products and services to our audience. Opinions or other responses to such surveys, questionnaires and polls are aggregated and are not identifiable to any particular user. We may use a system to "tag" users after they have voted so they can vote only once on a particular question.   We sometimes share the aggregated demographic information with our operational and service providers, subsidiaries, agents and affiliates.

10.  Links to Other Websites.  The Website may contain links to other websites. The fact that Speakening® has provided a link to a website is not an endorsement, authorization, sponsorship, or acknowledgement of affiliation with respect to such website, or with respect to any products, information or content on the website, or the website’s owners. When you use certain features or functions of the Website, your internet browser may automatically be directed and opened to a third party website and/or your information may be furnished to a third party service provider for processing and storage.  This Policy applies solely to the Website and, unless specifically stated on the Website, we are not responsible for such other websites or service providers. We encourage you to thoroughly review the privacy policy of any website you visit before disclosing any personal information on that website.

11.  Transfer of Information.  If Speakening sells assets (or the assets of a division or subsidiary) to another entity or if we are acquired by or merged with another entity, you agree that without obtaining your consent we may transfer to such entity information that has been collected on the Website, including your personal and non-personal information, which is related to that part of our business that was sold to or merged with the other entity.

12.  California Privacy Rights.  Pursuant to California Civil Code Section 1798.83, a California resident who has provided personal information to a business with whom he/she has established a business relationship has the right to request from that business information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California resident, the business is required to provide a list of all third parties to whom such personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. However, under the law, a business is not required to provide the lists described above if the business adopts and discloses to the public (in its privacy policy) a policy of not disclosing personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost free means to exercise that right.

13.  Choice of Law and Forum.  This Policy and all matters relating to your access to, and use of, the Website shall be governed by the laws of the State of New York without regard to its conflict of laws. Any dispute arising out of or relating to this Policy or your access or use of the Website shall be subject to the exclusive jurisdiction of the federal courts in Kings County, New York or the state courts in Richmond County, New York, and you hereby submit to the personal jurisdiction of such courts. If any provision in this Policy is held invalid or unenforceable, that provision shall be construed in a manner consistent with the applicable law to reflect the original intent of the provision, and the remaining provisions of this Policy shall continue in full force and effect.

14.  Contacting Us and Additional Assistance

If you do not understand any of the terms of this Policy or if you have any questions, comments or suggestions concerning any aspect of this Policy, or if you would like to access any Personal Information, please contact us at info@speakening.com.

Dated: March 19, 2013

© 2013 Speakening®