HOME SECURITY TERMS AND CONDITIONS AND END USER LICENSE AGREEMENT
iTalk Global Communications, Inc. (“iTalk,” “us,” or “we”) offers select smart home monitoring products, including under the brand “AIjia®” (each, a “Product”), associated software (including the Mobile Application (defined below)) (“Software”) and related services (the “Services” ). The Product, Software and Services are collectively referred to in this Agreement as the “iTalk Solution.” This Home Security Terms and Conditions and End User License Agreement and any documents referenced herein (collectively, this “Agreement” ) sets forth the terms and conditions pursuant to which we will provide you, as an end user of the iTalk Solution, with access to the iTalk Solution.
By clicking to accept this Agreement or by otherwise using the iTalk Solution, you agree to be bound by this Agreement as of that date (the “Effective Date” ). YOUR ACCESS TO, AND USE OF, THE ITALK SOLUTION AND ITALK’s OBLIGATIONS WITH RESPECT THERETO ARE EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THIS AGREEMENT, INCLUDING ARBITRATION ON AN INDIVIDUAL BASIS IN SECTION 20.
BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT THE ITALK SOLUTION IS NOT A MONITORED HOME SECURITY SERVICE AND SHOULD NOT BE RELIED UPON FOR LIFE SAFETY. ITALK MAKES NO GUARANTEES REGARDING AVAILABILITY OF THE ITALK SOLUTION.
Not a Monitored Service.
You acknowledge that your use of the iTalk Solution does not guarantee that your premises, or persons or property on your premises, will be safe or secure. YOU ACKNOWLEDGE AND AGREE THAT THE ITALK SOLUTION, OR ANY PART THEREOF, IS NOT A MONITORED EMERGENCY NOTIFICATION SYSTEM, IS NOT A LIFE SAFETY PRODUCT, AND IS NOT A SUBSTITUTE FOR EMERGENCY SERVICES. ITALK WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. All emergency events should be directed by you to the appropriate emergency response services.
E911 Features.
If you are an existing iTalkBB Home Phone Customer, the Services include an E911 feature. Through the E911 feature, you may report suspicious activity captured through our smart video monitoring technology. The E911 feature is designed to place a call to the emergency dispatchers closest to the address that you previously registered for E911 dispatch purposes. The E911 feature only supports one address per account. iTalkBB purchases 911 services from third parties.
If you are not an iTalkBB Home Phone Customer, this Services includes a special E911 Feature as follows: When you subscribe you will be required to provide (1) a E911 address for E911 dispatch purposes; and (2) a call back number for emergency responders to call you back if they have any questions – the call back number may be your mobile phone number or your home number. This special feature will allow you to call E911 by pressing the Emergency button on your Home Security App.
FOR ALL E911 FEATURES DESCRIBED ABOVE, YOU UNDERSTAND THERE ARE CIRCUMSTANCES UNDER WHICH AN E911 SERVICE USING A VOICE OVER INTERNET PROTOCOL SYSTEM MAY NOT BE AVAILABLE OR MAY BE IN SOME WAY LIMITED BY COMPARISON TO USING TRADITIONAL WIRELINE TELEPHONE SERVICE. SUCH CIRCUMSTANCES INCLUDE, BUT ARE NOT LIMITED TO, RELOCATION OF THE END USER’S DEVICE, USE OF A NON-NATIVE OR VIRTUAL TELEPHONE NUMBER, FAILURE IN THE BROADBAND CONNECTION AND/OR LOSS OF ELECTRICAL POWER. IN ADDITION TO THE OTHER DISCLAIMERS SET FORTH IN THIS SECTION, iTALK MAKES NO WARRANTY THAT E911 CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION. iTALK WILL NOT BE LIABLE FOR ANY DAMAGES RELATING TO ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING E911 CALLS). IF YOU CANCEL ANY ITALK SOLUTION PLAN (CONTRACT OR MONTH-TO-MONTH) YOU WILL NOT BE ABLE TO USE THE E911 FEATURE.
Disclaimer of Liability.
We do not have any control over whether, or the manner in which, calls using our E911 Service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing iTalk Solution E911 Service communications to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route communications is incorrect or yields an erroneous result. Neither iTalk nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our iTalk Solution Service unless such claims or causes of action arose from our gross negligence or willful misconduct.
1.Limited License
During the Term and subject to the terms and conditions of this Agreement, iTalk hereby grants you a limited, non-exclusive, revocable and non-transferable license, under intellectual property rights owned or licensed by iTalk, to use the Software (in object code form) embedded on the Product.
2.Provision of the Services
During the Term and subject to the terms and conditions of this Agreement, iTalk hereby grants you a non-exclusive, revocable and non-transferable right to access and use the Services solely in connection with your use of the Products installed on your property (including monitoring and controlling such Products) and solely for your personal, non-commercial use.
3.Representations About You.
As a condition to using the iTalk Solution, you represent and warrant that: (a) you have read and understand this Agreement, (b) you are 18 years of age or older, (c) the information that you provide to us about you or your account will be current, true, accurate, supportable and complete, (d) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (e) you are not listed on any U.S. Government list of prohibited or restricted parties.
4.Restrictions
Except as expressly permitted herein, you may not: (a) rent, lease, lend, sell, redistribute, or sublicense the iTalk Solution; (b) modify, disassemble, de-compile, reverse engineer, or otherwise attempt to derive the source code of the iTalk Solution or knowingly permit or encourage any third party to do so (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Software), (c) use the iTalk Solution in any manner to provide service bureau, time-sharing or other computer services to third parties, (d) use the iTalk Solution, or allow the transfer, transmission, export, or re-export of the iTalk Solution or portion thereof in violation of any export control laws or regulations administered by any government agency, or (e) resell, distribute or otherwise transfer the iTalk Solution, and code comprising the same, or any iTalk trademark, logo or likeness. You may not use the iTalk Solution for any use other than its intended use. In addition, you agree (i) that your placement and/or installation of any Product that takes video recordings will be placed and/or installed at such an angle that it does not take any recordings beyond the boundary of your personal property; (ii) to prominently display appropriate signage advising others that video recording are taking place; and (iii) if you use your property as a workplace, to comply with applicable laws governing the monitoring of employees and customers.
5.Beta Services
iTalk may invite you to test “Beta” services at no charge. Beta services will be designated as test, beta, pilot, limited release, developer preview, non-production, evaluation or with a similar description. Beta services are for evaluation purposes and not for production use, are not supported, and may be subject to additional terms. iTalk may terminate a Beta service at any time, for any or no reason. iTalk may discontinue Beta Services at any time in its sole discretion and may never make the Beta Services generally available. If a generally available version is released, there may not be an automatic update path from the Beta version to the generally available version. If not earlier terminated, any Beta services trial period will expire on the date that the Beta service is released on a generally available basis. Beta Services are provided AS IS, and iTalk has no liability for any harm or damage arising out of or in connection with a Beta Service.
6.Trial Period
Notwithstanding any provision in this Agreement, iTalk offers each new customer a “Trial Period” of thirty (30) days from the date of purchase. If you are not satisfied with the iTalk Solution you may, at any time during the Trial Period, return all devices in their original condition for a full refund of the device fee, if applicable, the monthly service fee and sales taxes. All other signup fees and shipping fee are non-refundable. Failure to return the devices during the Trial Period will result in a charge of $179 per camera device and $29 per base station device (“Unreturned Device Fee”), along with any applicable taxes. All refunds agreed to by iTalk shall be refunded to the authorized credit card used to subscribe to the Services or by Company check payable to the person whose name appears on the account.
7.Fees and Payment.
7.1 Fees.
In exchange for our provision of the iTalk Solution at the service level for which you have subscribed, you agree to pay iTalk the subscription fees listed on the pricing plan for your service level or otherwise agreed to by you during the subscription process (“Fees”). All Fees are due and payable in United States dollars, are non-cancelable and non-refundable. If you cancel your subscription prior to the expiration of the Initial Subscription Term, you agree to immediately pay us an early termination fee equal to $119 USD per camera device (“Early Termination Fee”).
7.2. Invoicing and Payment
You will provide iTalk with valid and updated credit card information. If you provide credit card information to iTalk, you authorize iTalk to charge such credit for all Fees due hereunder. Such charges shall be made as specified at the time you subscribe to the Services. You are responsible for maintaining complete and accurate billing and contact information in your account.
7.3. Suspension or Cancelation of Access to the Platform.
If you fail to pay any Fees or other amounts owed by you when due, whether under this or any other Agreement with iTalk or its affiliates, iTalk may, at its option and without limiting its other rights and remedies, suspend or cancel your access to the iTalk Solution on the date the payment is past due until such amounts are paid in full.
7.4. Taxes and Shipping Fees.
Unless otherwise stated, Fees do not include any shipping charges or any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). You are solely responsible for paying all Taxes associated with this Agreement. If iTalk has the legal obligation to pay or collect Taxes for which you are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by you.
8.Shipping, Title and Risk of Loss.
The Products will be shipped F.O.B McLean, VA or FOB shipping point (if different from McLean), meaning that title and risk of loss for the Products will transfer from us to you when the Products are placed on the delivery vehicle at our shipping point. We are not responsible for Products during delivery. If you purchase a Product in a retail store, title and risk of loss will pass at the time the purchase is made in the retail store.
9.Ownership
9.1. Retention of Rights.
Other than the express licenses granted by this Agreement, neither party grants a right or license to the other party, expressly, by implication, estoppel, or otherwise, to the Intellectual Property (as defined below) of the other party. As between the parties, iTalk retains all ownership rights, title, and interest in and to its own products and services (including the Software, Services and Products, applicable documentation and all technology used to provide the iTalk Solution) and all rights to its Intellectual Property and in each case, all modifications, improvements, enhancements and derivative works of the same.
9.2. Proprietary Notices
You may not remove or destroy any proprietary, confidentiality, trademark, service mark, or copyright markings or notices placed upon or contained in any materials or documentation provided by iTalk, whether in connection with this Agreement or otherwise.
9.3. "Intellectual Property"
means all of the following, and in each case all related intellectual property rights: (i) trademarks and goodwill associated therewith; (ii) know-how, methodologies, interfaces, templates, techniques, utilities, tools, designs, concepts, patents, patentable inventions, computer programs, and software; (iii) databases; (iv) trade secrets and the right to limit the use or disclosure thereof; (v) copyrights in all works, including software programs; and (vi) domain names and other media identification associated with the party.
9.4. Feedback.
The parties agree that any feedback or suggestions regarding the iTalk Solution or iTalk’s other products or services is voluntary. iTalk is entitled to reproduce, license or otherwise distribute any such feedback without any obligations or restrictions of any kind, including any Intellectual Property Rights.
10.Installation and Maintenance
You are solely responsible for the installation of the Product, including without limitation complying with all applicable laws, rules, regulations and standards with respect to the installation, placement and maintenance of the Product. iTalk offers limited installation services in certain geographical locations through a third party contractor. Except for this limited installation service, you acknowledge that we do not provide any installation or repair services for the Products. Each Product comes with a re-chargeable battery. You are solely responsible for maintaining an adequate power supply for the Product, including charging the battery as necessary. IF YOU INSTALL THE PRODUCT, ITALK WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO PROPERLY INSTALL. FURTHER, ITALK WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO CHARGE, MAINTAIN OR REPAIR THE PRODUCT.
11.Content and Privacy
The features and functionality of the iTalk Solution may enable you to create, capture, record, store or share certain content, such as video or audio recordings and images (collectively, “Content”). We do not claim ownership of your Content. By posting, uploading, sharing, transmitting, or otherwise disseminating the Content, you grant to us the limited right use the Content to provide the iTalk Solution to you and to monitor and improve our products and services, including the iTalk Solution. You expressly agree that by sharing Content via the iTalk Solution (e.g. providing another user with access to your motion-triggered video Content), we have the right to provide that Content to third-parties designated by you, such as individuals with whom you invite to join your iTalk Solution account via email. You acknowledge that by inviting such individuals, they will have the ability to access the camera view and other functions of the iTalk Solution. You represent and warrant that: (a) you own your Content or otherwise have the right to grant the license set forth in this section, and (b) transmitting your Content on or through the iTalk Solution does not and will not violate applicable law or the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity. YOU ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY TRANSMISSION OF CONTENT BY YOU (INCLUDING WITHOUT LIMITATION PERSONALLY IDENTIFIABLE INFORMATION) IN VIOLATION OF APPLICABLE LAW, THIRD-PARTY TERMS, PRIVACY SETTINGS OR PRIVACY POLICIES. You acknowledge that iTalk does not have any control over the Content that passes through iTalk’s systems and networks through the iTalk Solution. iTalk is not responsible for monitoring your Content, and collects such Content automatically under your direction when providing the iTalk Solution to you. We may, but do not have any obligation to, remove any of the Content from the iTalk Solution in our sole discretion, including if we determine that it may violate another person’s privacy rights, publicity rights, intellectual property rights, this Agreement, any applicable third-party terms, or applicable law. You acknowledge that iTalk will have access to the Content as it is being transmitted via the iTalk Solution (and for a short period thereafter and may need to reformat or otherwise modify technical elements of the Content to make it more appropriately visualized) and will have access to the Content if it is being stored in your iTalk cloud storage account. You hereby represent that you have obtained, and during the Term covenant that you will obtain, all necessary rights and consents to allow iTalk to collect, process, use, store, disclose and transfer Content. iTalk’s provision of the iTalk Solution to you is specifically conditioned upon you obtaining such consents and approvals. For more information regarding iTalk’s collection, use and sharing of information, please see our Privacy Policy, which is hereby incorporated into and governed by this Agreement.
12.Back-up.
Motion-triggered video Content will be stored in the cloud for thirty (30) days. During that thirty (30) day period, you can view and download such Content any time. However, you understand that it is your sole responsibility to back-up your Content. You acknowledge and agree that after such thirty (30) day period and after termination of this Agreement, you may not have access to the Content via the iTalk Solution.
13.Data Ownership and the Digital Millennium Copyright Act (“DMCA”)
We may collect usage data, meta data, performance data and other data related to how you use and interact with the iTalk Solution, including information verifying whether Content was successfully transmitted via the iTalk Solution (“Usage Data”), provided that such Usage Data will be aggregated, anonymized and will not identify you as the source of such Usage Data. To the extent we collect or generate Usage Data, it will be owned by us and we may use it for any lawful purpose.
We take claims of copyright infringement seriously. iTalk Global Communications, Inc. is registered with the United States Copyright Office as a Service Provider (refer to the Digital Millennium Copyright Act, 17 USC 512, or “DMCA”). If you believe any materials accessible on or from the iTalk Solution infringe your copyright, you may request removal of those materials (or access to them) from the iTalk Solution by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
We take claims of copyright infringement seriously. iTalk Global Communications, Inc. is registered with the United States Copyright Office as a Service Provider (refer to the Digital Millennium Copyright Act, 17 USC 512, or “DMCA”). If you believe any materials accessible on or from the iTalk Solution infringe your copyright, you may request removal of those materials (or access to them) from the iTalk Solution by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the iTalk Solution, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and e-mail address).
Your physical or electronic signature.
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
DMCA Agent
iTalk Global Communications, Inc.
Attn: Legal Department
1120 South Capital of Texas Highway, Bldg. 3, Suite 110
Austin, Texas, 78746
E-mail: iTalklegal@iTalkglobal.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the iTalk Solution is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
14.Maintenance and Availability
iTalk provides 24x7 support in connection with the iTalk Solution in both English and Mandarin by calling 1-877-482-5503. The parties acknowledge that the iTalk Solution relies upon computer network-based services that may be subject to outages and delays. iTalk shall use its commercially reasonable efforts to diligently and promptly remedy any and all material interruptions within the iTalk Solution. We make no representation that the iTalk Solution will be available or permitted in any particular location. Use of the iTalk Solution is void where prohibited. iTalk may also impose limits on the use or access to the iTalk Solution as required by law.
15.Term and Termination.
15.1.Term.
Unless earlier terminated, this Agreement will begin on the Effective Date and will continue for as long as you have an active subscription to the iTalk Solution (the “Term”).
15.2.Duration and Non-Renewal or Cancellation of Subscription.
iTalk currently offers the service plan option for a contract subscription period (the “Initial Subscription Term”). Please refer to the Initial Subscription Term on the webpage of the AIjia Home Security System and in the confirmation email you received for your order. After the expiration of the Initial Subscription Term, the subscription will automatically renew for successive month-to-month periods (“Renewal Subscription Term ”). The Initial Subscription Term and any Renewal Subscription Terms are collectively referred to herein as the “Subscription Term. ” If you elect to cancel, or not to renew, a subscription, you must contact iTalk. iTalk reserves the right to suspend or terminate your access to the iTalk Solution and terminate this Agreement at any time upon notice to you, including without limitation if you are in violation of this Agreement. On any subscription, you are given a Trial Period of 30 days from the day that the Home Security App is first paired with the camera, or the 6th day after shipment or store pickup (“Activation Date”) to cancel service for a refund of the device fee, if applicable, monthly service fee and sales taxes. All other signup fees and shipping fee are non-refundable. To receive a refund of the device fee, if applicable, monthly service fee and sales taxes, you must notify iTalk Support within 30 days of the Activation date, and return the devices in their original condition. If you fail to return the devices, a Unreturned Device Fee of $179 per camera device and $29 per base station, along with any applicable taxes, will be charged. Please contact iTalk Support 877-482-5503 for instructions on product return. If you continue to use the iTalk Solution beyond the Trial Period, you are no longer eligible to receive a refund, and you will be responsible to fulfill the remainder of the subscription terms. For California Online Subscribers Only: You received an email Confirmation after your subscription to retain in your records. That email describes online cancellation processes.
15.3.Effect of Termination.
In no event shall termination of this Agreement or any subscription relieve you of the obligation to pay any Fees payable to iTalk for the period prior to the effective date of termination. If you cancel your subscription prior to the expiration of the Initial Subscription Term, you agree to pay an Early Termination Fee of $119 USD per camera device, along with any applicable taxes. The introductory paragraphs and Sections 9-13, 15.3, 16, 17, 18 and 20-24 shall survive any termination or expiration. All other rights and obligations shall be of no further force or effect. If you cancel any iTalk Solution plan or elect not to renew your plan, your Mobile Application will be disabled within 30 days. After it is disabled, you will not be able to use any feature in the Mobile Application.
If you cancel any iTalk Solution plan or elect not to renew your plan, your Mobile Application will be disabled within 30 days. After it is disabled, you will not be able to use any feature in the Mobile Application.
15.4.Activation of the Bundled Products.
If Customer purchases the iTalk Solution and one or more other iTalk products/services (or products/services sold by iTalk) WITHIN A 24 HOUR PERIOD, the purchase is considered a “Bundled Purchase”. For all Bundled Purchases, the “Activation Date” for all products in the Bundle shall be the Activation Date for the first product/service in the Bundle to activate.
For all products/services in a Bundled Purchase, the Trial Period, if applicable, will commence on the Activation Date for the Bundled Purchase as described in the immediately preceding paragraph.
15.5. Master and Sub Accounts.
When a Customer purchases any iTalk product/service (or product/service sold by iTalk), a Master Account will be established for that Customer. If the Customer purchases additional iTalk products/services a Sub Account will be established for each separate products/services.
16.Warranties; Disclaimers.
16.1.Limited Warranty
The Security Cameras shall be referred to herein as the “Products”. If the Products fail to conform to the respective Limited Warranties during the respective Warranty Periods, iTalk will repair or replace the Product(s), at its sole expense with a new Product or parts of equal or better quality, as its sole obligation and your sole remedy for such failure. Please contact iTalk Support 877-482-5503 to return the defective product(s) with a valid RMA. These Limited Warranties do not cover the following (collectively “Ineligible Products”): (i) products marked as “Beta,” “sample” or “Not for Sale”, or sold “AS IS”; (ii) products that have been subject to: (a) modifications, alterations, tampering, or improper maintenance or repairs; (b) handling, storage, installation, testing, or use not in accordance with any User’s Guide, Placement Guidelines, or other instructions provided by iTalk; (c) abuse or misuse of the product; (d) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or (e) Acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane; or (iii) all Solar Panels, accessories and components such as cover case, mount, charging cables or any non-iTalk branded hardware products, even if packaged or sold with iTalk hardware. These Limited Warranties do not cover consumable parts, including batteries, unless damage is due to defects in materials or workmanship of the product, or Software (even if packaged or sold with the product). iTalk recommends that you use only authorized service providers for maintenance or repair. Unauthorized use of the Products or Software can impair the Product’s performance and may invalidate these Limited Warranties.
16.1.a. Camera Limited Warranty
iTalk represents and warrants that, for a period of one year from the date of delivery (the “Cameras Warranty Period”) the Security Cameras will be free from material defects in materials and workmanship (the “Camera Limited Warranty”).
16.1. b. Solar Panel Limited Warranty
iTalk represents and warrants that, for a period of thirty (30) days from the date of delivery (the “Solar Panels Warranty Period”) the Solar Panels will be free from material defects in materials and workmanship (the “Solar Panel Limited Warranty”). Except as provided in Section 6, this Solar Panel Limited Warranty is an exchange only warranty, no refunds or credits to account will be given.
16.1. c. Base Station Limited Warranty
iTalk represents and warrants that, for a period of thirty (30) days from the date of delivery (the “Base Station Warranty Period”) the Base Stations will be free from material defects in materials and workmanship (the “Base Station Limited Warranty”). Except as provided in Section 6, this Base Station Limited Warranty is an exchange only warranty, no refunds or credits to account will be given.
16.2.WARRANTY DISCLAIMERS.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ITALK SOLUTION IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE ITALK SOLUTION, THAT THE FUNCTIONS CONTAINED IN OR PERFORMED OR PROVIDED BY THE ITALK SOLUTION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE ITALK SOLUTION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ITALK SOLUTION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE THAT WE GIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY.
17.Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL ITALK BE LIABLE FOR PERSONAL INJURY, PROPERTY DAMAGE OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE ITALK SOLUTION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ITALK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ITALK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY CAUSED BY ITALK) EXCEED THE GREATER OF (I) THE TOTAL AMOUNT THAT YOU PAID FOR THE ITALK SOLUTION IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (II) $1,000.00. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
18.Compliance with Law.
Each party shall comply with all applicable international, national, state, regional and local laws and regulations in performing its obligations and exercising its rights under this Agreement. You acknowledge that applicable laws in your jurisdiction may impose certain responsibilities on you and your use of the iTalk Solution, including without limitation laws, rules and regulations regarding: (i) the privacy of individuals, (ii) home security solutions, (iii) recording or sharing of Content. Depending on the jurisdiction, these laws may require that notice be given to or that consent be obtained from individuals prior to recording or sharing Content. You further acknowledge that it is solely your responsibility, and not the responsibility of iTalk, to ensure that you are in compliance with any such laws when you use the iTalk Solution. You may not use or otherwise export or re-export any part of the iTalk Solution except as authorized by United States law and the laws of the jurisdiction in which the iTalk Solution was accessed. You agree not to export or re-export the iTalk Solution in violation of any applicable export control restrictions, laws or regulations.
19.Additional Terms for Mobile Applications
19.1.Mobile Applications
As part of the iTalk Solution, iTalk may make available Software to access the Services via a mobile device (each, a “Mobile Application”). To use any Mobile Application you must have a compatible mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. iTalk hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one account on one mobile device owned or leased solely by you, for your own personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that iTalk may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license, if any, authorizing use of such code. The foregoing license grant is not a sale of a Mobile Application or any copy thereof, and iTalk or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). If Mobile Applications are being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement. The Mobile Applications originate in the United States, and is subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Service.
19.2.Mobile Applications from Apple App Store.
The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and iTalk, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to iTalk as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to iTalk as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, iTalk, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and iTalk acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon you acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
19.3.Mobile Applications from Google Play Store.
The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that this Agreement are between you and iTalk only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) iTalk, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or this Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to iTalk’s Google-Sourced Software.
19.4.Account Deletion in Mobile Applications.
Users of the Mobile Application have ability to delete their accounts in the Mobile Application at any time. If you have any (i) overdue Fees; (ii) pending payment; or (iii) remaining balance, you must PAY THE BALANCE FISRT BEFORE DELETING YOUR ACCOUNT IN THE MOBILE APPLICATION.
You may continue to use the Mobile Application after deleting your account, but will lose the following features and functionalities after deletion:
a. You cannot log in, visit, use or reactivate your account;
b. The information, data, records, including historical record, device information and family group, under your account will be deleted by iTalk and cannot be recovered.
c. Your contact information, including name, user name, email, phone number and all other contact information, will be deleted by iTalk. Third party accounts, if any, that were associated with user’s account will be disconnected;
d. The Products and Services under your account will not be available to use. If there are any family members in the family group under your account, they cannot use the Products and Services after you delete your account.
e. Your payments will not be refunded. You may subject to cancellation fee if you are still on your Initial Subscription Term.
f. All information about user that was collected by iTalk prior to deletion of the account will be deleted, except as otherwise required by laws and regulations or national administrative, judicial, or law enforcement agencies.
20.Arbitration.
Any dispute, controversy or claim arising out of this Agreement will be settled by binding arbitration pursuant to the Commercial Rules (or Consumer Rules, to the extent applicable) of the American Arbitration Association (“Rules”) then in effect. Notwithstanding those Rules, the following provisions will apply to such arbitration: (a) the arbitration will be conducted by a single arbitrator, (b) the fees of the arbitrator(s) shall be equally borne (50/50) by the parties, and (c) the proceedings shall be in the English language and shall take place in Austin, Texas or another location reasonably convenient to both parties. If, within thirty (30) days after one party makes a demand upon the other to proceed to arbitration, the disputing parties remain unable to agree upon selection of an arbitrator to resolve their dispute, then either party may request the American Arbitration Association to appoint an arbitrator to hear their dispute and the selection of an arbitrator by the American Arbitration Association shall be conclusive and binding upon the parties. The arbitrator shall reach a binding decision regarding the issues presented as it deems fair, reasonable and appropriate, and such decision shall have the full force and effect of a binding judgment, which may be entered in any court having proper jurisdiction. Each party may seek injunctive relief in any court of competent jurisdiction. You and iTalk agree to resolve any dispute in arbitration on an individual basis only, and not on a class or collective basis. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. If at any point this provision is determined to be unenforceable, the parties agree that this provision shall not be severable, unless it is determined that the arbitration may still proceed on an individual basis only.
21.Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas, USA, without regard to any principles of conflict of laws.
22. Assignment.
iTalk may freely transfer or assign this Agreement and any of its rights or obligations hereunder. You shall not assign this Agreement, directly or indirectly without the prior written consent of iTalk. Any such attempted assignment shall be void.
23.Changes.
iTalk reserves the right to modify this Agreement, iTalk Solution services or plan at any time ("Changes"). The Changes will be published on iTalk's website thirty days before the effective date of the Changes, Once published, you will be considered notified and the Changes will be binding on you on the effective date of such Changes. You are deemed to have accepted the Changes unless you cancel the iTalk Solution prior to the effective date of the Changes. If you elect to cancel the iTalk Solution, you will be liable for any outstanding balances and an Early Termination Fee if applicable.
24.Force Majeure
iTalk shall not be liable for any failure or delay in the performance of its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, accidents, strikes, riots, war, government actions, equipment or power failures or any other unforeseen events.
25.General.
If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Failure or delay in enforcing any right or provision of this Agreement shall not be deemed a waiver of such right or provision with respect to any subsequent breach. This Agreement constitutes the complete agreement between the parties and supersedes all prior or contemporaneous discussions, representations, and proposals, whether in writing or oral, with respect to the subject matter of this Agreement.
Updated: October 7, 2023
© iTalk Global Communications, Inc., September 2023 – All Rights Reserved
v.HS230901US
Privacy Policy
iTalk Global Communications, Inc. (“iTalk®”, “iTalkBB®” “we”, “us”, or “our”) recognizes the value of privacy of our customers and website users. In this Privacy Policy (“Policy”), we describe how we and our affiliates (including iTalkBB Media, Inc. and Digital Technology Marketing and Information, Inc.) collect, use, and disclose personal information that we obtain about subscribers to and customers of iTalkBB services, as well as users of our websites (“Sites”), mobile Applications (“Apps”) and the services available through our Sites and Apps (collectively, the Sites, Apps and the services available therein are the “Services”). This Policy also outlines your rights and choices with regard to the personal information collected about you related to the Services.
Applicable Terms. Your use of our Services, and any dispute over privacy, is subject to this Policy, the respective terms of use (the “Terms”), between you and iTalkBB, such as our Terms and Conditions , and any other relevant agreements, which are available. The applicable Terms are incorporated by reference into this Policy, including any of their applicable limitations on liability and the resolution of disputes. By disclosing your personal information to us or using our Services, you understand and agree that iTalkBB may collect, use, and disclose your personal information in accordance with this Policy and the applicable terms.
If you are a resident of California (USA) please see the Additional information for California Residents section below for important information about the categories of personal information we collect and disclose and your rights under California privacy laws.
- • Information We Collect
- • How We Use Your Information
- • How We Disclose Personal Information
- • Cookies and Tracking Information
- • Interest Based Advertising
- • Third-Party Sites and Services
- • Security
- • Rights and Choices
- • Children
- • Contact Us
- • Changes to this Policy
- • Additional information for California Residents
We generally collect information about you directly from you, from third parties, and automatically through your use of our Services as further described below.
Information We Collect Directly from You. The type of information that we collect from you depends on your interaction with our Services. While you can browse most parts of our website freely, certain areas and features of our Services require you to create an account with us. To create an account, you must provide us with certain information, such as your name and username or nick name, email or phone number, and other contact information. If you subscribe to any of our Services, we will also collect your payment and billing information. We may also ask or allow you to submit additional profile information, such as authorized users, preferences and interests, and additional contact information. If you apply to become one of our Dealers or Sales Agents, we will collect information from you, including your first and last name, email address, contact address, phone number, occupation, whether you are a user of our Services, business ownership, desired sales model, hourly commitment to iTalk sales, other similar survey information, and information you choose to provide to us. If you decide to make a purchase with us or subscribe to our Services, we also collect information in order to process your order, such as payment and billing information, residential addresses, and shipping address. We also collect information about items in your online shopping cart and other order information that you submit.
Information We Collect Regarding Your Use of Our Services. We collect information about your use of our Services, such as your order and subscription history and purchases, as well as your credit bonus, for example when you earn credits and rewards by referring a friend to iTalk. We may also collect other information depending upon the services you subscribe to or use. For example, if you subscribe to our Aljia (CCTV) services we collect CCTV footage, including audio, (which is stored in accordance with the applicable terms) from your cameras. We also collect and maintain records about the services you use for purposes of administering, operating and billing for those services and as otherwise explained herein. For example, if you subscribe to our mobile communication or phone services, we will collect transactional information such as call logs and related usage records,or in the case of the iTalkBB Prime App, mobile device contact list information to enable shared contact lists.
Information We Collect to Enable Customer to Import Customer’s Contact List. As a courtesy to Customers, and with Customer’s consent, iTalkBB allows Customers to import Customer’s entire contact list to the iTalkBB Prime App utilizing iTalkBB’s software to accomplish the import. The import of Customer’s Contact List is solely for Customer’s convenience and at Customer’s request. iTalkBB does not save, store, use or disclose to a thirty-party any of Customer’s information required for the import process.
Information We Collect About You from Third Parties. We may also collect information about you from third parties, which we append to the information we have collected. If you refer another customer to as part of a referral program or offer, we make available, we may collect information (when provided by the referred customer), in order to process and credit you with the referral. If you sign up for or purchase our Services through a Dealer or Agent, or otherwise interact with a Dealer or Agent related to the Services, we may receive information about you from the Dealer, such as name, nickname, contact information, and subscription and payment details.
Communications and support. If you contact us by email, mail, phone, chat or otherwise regarding the Services, we collect and maintain a record of your contact details, communications and our responses. If you call us, we may also record calls and maintain logs and records of those calls.
Inquiries and requests. We also collect personal information when you submit information to or request information from us or sign up for marketing and communications from us (such as related to iTalkBB products, subscriptions, special offers and upcoming product releases). The information we may collect includes your name, contact information, and other information.
ITalkBB Chinese TV. If you subscribe to our Chinese TV services, we collect additional personal information about you. Depending on how you use the Chinese TV services, we may collect information such as information related to your registered Set-Top-Box device, geolocation, IP address, and contact details (including email). If you actively initiate contacting us for customer support purposes through one of our WeChat corporate accounts, WeChat and we may collect additional information such as for example your name, WeChat username, profile image, phone number used with WeChat, and conversation records related to your inquiry. For more information about WeChat’s privacy practices, please visit WeChat’s privacy policy.
Apps. In some cases, information about you is collected and combined through your interaction with the Apps we may offer related to our Services. For example, we collect information on the device and the App you are using, including IP Address, date, time and requests submitted through the App, unique identifiers and other information such as the type of device you use (including your operating system, language, network settings, telephone operator or internet provider, installed third-party applications and plug-in lists).
Other Information We Collect Automatically Through Our Services. We may also collect personal information about how you use the Services (e.g. using cookies and pixel tags), such as IP address, advertising ID, location information, browser type, device type, domain name, the website that led you to our Services, the website to which you go after leaving our Services, the dates and times you access our Services, and the links you click and your other activities within the Services. We may also use pixels in HTML emails to understand if individuals read the emails, we send to them (“usage data”). We may combine this information with other information that we have collected about you, including, where applicable, your name and other personal information. (For more information, see the Cookies and Other Tracking Information section below.)
2. How We Use Your Information
We process your information and content, including your personal information, for the following purposes:
Providing and Improving Our Services. To provide you with and maintain our Services; to fulfil your orders and requests, or otherwise to improve our Services; to develop new features, products, or services; to authenticate users; to perform technical operations, such as updating software; and for other customer service and support related purposes.
Communicating with You. To provide you with the information or services that you have requested from us; to communicate with you about your use of our Services, to respond to your inquiries, and for other customer service purposes; and to administer surveys and questionnaires, such as for market research or user satisfaction purposes.
Dealers and Sales Agents. To provide you with the information or services that you have requested from us; to administer your application and communicate with you about your application to become an iTalk sales agent or dealer, and to respond to related inquiries.
Rewards. To assign, track, issue and post subscription rewards and credits to your account, for example if you participate in our referral program.
Personalizing Content and Ads. We may use the information we collect about you to personalize the information and content we display to you, including marketing, promotional and sponsored content, as well as providing you with more relevant ads.
Marketing and Communications. To communicate with you about your account and use of our Services via email, or phone, including to inform you about product updates; to respond to your inquiries; to provide you with news and newsletters, special offers, promotions, and other information we think may interest you; and for other informational, marketing, or promotional purposes. Please see the Rights and Choices section further below for more information about how to change your communications preferences.
Research and Analytics. To better understand how users access and use our Services and products, for other research and analytical purposes, such as to evaluate and improve our Services and business operations, develop new features, products, or services, to otherwise improve our Services and user experiences, and for other research, analytical, and statistical purposes.
In Support of Our General Business Operations. Relating to audits and assessments of our business operations, security controls, financial controls, records and information management program, and otherwise relating to the administration of our general business, accounting, record keeping and legal functions. These purposes are based on our legitimate interest in operating our business and maintaining adequate internal records and safeguards.
Securing and Protecting Our Assets and Rights. To protect our business operations, secure our network and information technology, assets and services; to prevent and detect fraud, unauthorized activities, access and other misconduct; where we believe necessary to investigate, prevent or take action regarding suspected violations of our Terms and other agreements, as well as fraud, illegal activities and other situations involving potential threats to the rights or safety of any person or third party; and as necessary to defend our legal interests and rights.
Complying with Legal Obligations. To comply with the law or legal proceedings. For example, we may disclose information in response to subpoenas, court orders, and other lawful requests
by regulators and law enforcement, including responding to national security or law enforcement disclosure requirements.
We may also use your personal information for other purposes, where you have
consented.
Aggregate and De-identified Information. We may also use aggregate and deidentified information for various research, development, product improvement, analytics and other purposes.
We may use, store or transfer personal information outside your jurisdiction. In providing our services to you, we may also provide your personal information to subsidiaries and affiliates, service providers and/or third parties who may be located outside your jurisdiction. Please refer to “Contact Us” below to find out information about (i) our practices with respect to the use of third parties and service providers outside your jurisdiction, and (ii) questions you may have about the collection, use, disclosure or storage of personal information by parties located outside your jurisdiction.
3. How We Disclose Personal Information
We may share or disclose the information (including personal information) that we collect as follows:
Subsidiaries and Affiliates. With our subsidiaries and affiliated companies (i.e., companies under common ownership, control or management with us); their use and disclosure of such personal information is subject to this Policy.
Service providers. With our third-party service providers who use this information to perform services on our behalf, such as hosting providers, payment providers, auditors, advisors, consultants, customer service and/or support providers.
Third Parties. With third parties that provide advertising, campaign measurement, online and/or mobile analytics and related services. These third parties may receive or access browsing history and/or other data about your use of the Sites, in order to help us better reach individuals with relevant ads, measure our ad campaigns and/or to better understand how individuals interact with our Sites over time and across devices. Where you initiate and request interaction with us through a third-party platform, we may also share certain information with these third parties that provide the platform services for certain of our customer support channels (such as for example our WeChat corporate account). For more information on WeChat’s privacy practice, please refer to WeChat’s terms and privacy policy.
Legal Compliance. In response to a valid court order, subpoena, government investigation, or as otherwise required by law. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful.
Business Transfers. As part of any actual or contemplated merger, sale, transfer of assets, acquisition, financing and/or restructuring of all or part of our business, bankruptcy or similar event, including related to due diligence conducted prior to such event where permitted by law.
Protection of Rights. Where we believe it necessary to respond to claims asserted against us, to enforce or administer our agreements and terms, for fraud prevention, risk assessment, investigation, to protect the rights, property or safety of iTalkBB, our affiliates, clients, customers and/or others, and/or as evidence in litigation in which we are involved.
Aggregated and De-identified Data. We may share aggregate or de-identified information with third parties for research, marketing, advertising, analytics and/or other purposes.
We may use, store or transfer personal information outside your jurisdiction. In providing our services to you, we may also provide your personal information to subsidiaries and affiliates, service providers and/or third parties who may be located outside your jurisdiction. Please refer to “Contact Us” below to find out information about (i) our practices with respect to the use of third parties and service providers outside your jurisdiction, and (ii) questions you may have about the collection, use, disclosure or storage of personal information by parties located outside your jurisdiction.
4. Cookies and Tracking Information
We and our third-party providers use cookies, clear GIFs/pixel tags, JavaScript, local storage, log files, and other mechanisms to automatically collect and record information about your browsing activities and use of the Sites and other Services. We may combine this “usage data” with other personal information we collect about you. We use this usage data to understand how our Services are used, track bugs and errors, provide and improve our Services, verify account credentials, allow logins, track sessions, prevent fraud, and protect our Services, as well as for targeted marketing and advertising, to personalize content and for analytics purposes.
Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site, while others are used to enable a faster log-in process or to allow us to track your activities while using our Site. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Some of the Services may not work properly if you disable cookies.
Pixel Tags. Pixel tags are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use pixel tags (also referred to as web beacons, web bugs or clear GIFs), in connection with our Services to, among other things, help us manage ads and content, and compile statistics about usage of our Services. We may also use pixel tags in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
Cookie Preferences. You can adjust your cookie preferences for our Site, using our cookie preference manager. You can also block or disable cookies for the device and browser you are using, through your browser settings; however, certain features on our Sites may not be available or function properly if you block or disable cookies. Our Sites currently do not respond to “do not track” signals. Please note, that your preferences are applied on a browser and device basis. So, you may need to set your cookie preferences for each browser and device you use to access our Site. Further, if you subsequently delete cookies, your preferences may be lost and need to be reset.
We may work with third-party ad networks, channel partners, measurement services and others (“third party ad companies”) to display advertising on our Services, and to manage our advertising on third-party sites, and online services. We and these third-party ad companies may use cookies, pixels tags, and other tools to collect activity information on our Services (as well as on third-party sites and services), as well as IP address, device ID, cookie and advertising IDs, and other identifiers, general location information (e.g., derived from your IP address), and, with your consent, we may collect your device’s geolocation information through our Apps; we and these third-party ad companies use this information to provide you more relevant ads and content and to improve and evaluate such ads and content.
Cookie Preferences. As explained above, you can adjust your cookie preferences for our Site, including to opt out of advertising cookies, using our cookie preference manager, and you can also block or disable cookies for the device and browser you are using.
Industry Ad Choices. You can learn more about the information collection practices and "opt-out" procedures of many third-party ad companies by visiting www.networkadvertising.org/optout_nonppii.asp. Opting out of participating ad networks does not opt you out of being served advertising. You may continue to receive generic or “contextual” ads on our Services. You may also continue to receive targeted ads on other websites, from companies that do not participate in the above programs. If your browser is configured to reject cookies when you visit one of the above referenced opt-out pages, and you later erase your cookies, use a different computer or change web browsers, your preference may also need to be reset
6. Third-Party Sites and Services
Our Services may link to other websites or online services (including those operated by our parent, affiliates, or others) that are not covered by this Policy. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.
We have implemented safeguards designed to protect the information we collect from loss, misuse, unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security.
In this section we describe the choices you have regarding our collection, use and handling of your personal information.
Access and Update Information. You may access, update, and delete certain of your personal information by accessing and adjusting your account settings. You may also contact us using the information in the Contact Us section below to make an access, correction or other privacy request. Please note that we may maintain copies of information that you have updated, modified or deleted, in our business records and in the normal course of our business operations, as permitted or required by applicable law. For example, if you request that we delete your information, but we believe that you have violated our Terms , we may retain information about you in order to attempt to resolve the issue before deleting it. Your access to or correction of your personal information is subject to applicable legal restrictions and the availability of such information. Further, we may take reasonable steps to verify your identity before granting such access or making corrections.
Marketing Communications. You may opt-out of receiving email marketing communications from us by using the unsubscribe link in any such email we send to you. Or alternatively, by emailing your request to Privacy.Legal@italkbb.com. Please note that we may still send you transactional emails, such as emails related to your account or subscriptions.
Third-Party Ads and Cookies. As noted above, you can control your cookie preferences on our Sites and opt out of most third-party advertising tags and cookies on our Sites.
Our Services are not targeted and directed at children and we do not knowingly collect any personal information from a child under 16. If you believe we have inadvertently collected personal information about a child, please contact us and we will take steps to delete this information.
If you have any questions about this Policy or our privacy practices, please email us at Privacy.Legal@italkbb.com or contact us at:
iTalk Global Communications, Inc.
William A. Burge, General Counsel
1120 S Capital of Texas Hwy, Bldg. 3, Suite 110, Austin, TX, 78746
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Services. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Services.
12. Additional information for California Residents
PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
Last updated: November 10, 2020
This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Policy of iTalk Global Communications, Inc. and its affiliated companies (collectively, “iTalk” “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” “user” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA have the same meaning when used in this PRIVACY NOTICE FOR CALIFORNIA RESIDENTS.
If you are located elsewhere, please see iTalk Privacy Policy here .
While our collection, use and disclosure of personal information varies based upon our relationship and interactions with you, in this section we describe, generally, how we have collected and disclosed personal information about consumers in the prior 12 months (from the Last Updated date above).
Categories of Personal Information Collected and Disclosed. The table below identifies the categories of personal information (as defined by the CCPA) we have collected about consumers, as well as how we have disclosed such information for a business purpose. For more information about the business and commercial purposes for which we collect, use and disclose personal information, please see the How we Use Information and the How we Disclose Information sections above.
Categories | Description | Categories of Third Parties to Whom We May Disclose this Information |
Identifiers | Includes direct identifiers, such as name, alias user ID, username, account number or unique personal identifier; email address, phone number, address and other contact information; set top box identifier; IP address; MAC address, app ID, advertising ID, and other online or device identifiers; and other similar identifiers. | • service providers • advisors and agents • government entities and law enforcement • affiliates and subsidiaries • advertising networks • data analytics providers • social networks • internet service providers • operating systems and platforms • dealers and agents |
Customer Records | Includes personal information, such as name, account name, user ID, contact information, education and employment information, communications preferences, account number, and financial or payment information, that individuals provide us in order to purchase or obtain our products and services. For example, this may include information collected when an individual registers for an account, purchases or orders our products and services, or enters into an agreement with us related to our products and services. | • service providers • advisors and agents • government entities and law enforcement • affiliates and subsidiaries • internet service providers • operating systems and platforms • dealers and agents |
Commercial Information | Includes records of personal property, products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies. For example, this may include demographic information that we receive from third parties in order to better understand and reach our customers. | • service providers • advisors and agents • government entities and law enforcement • affiliates and subsidiaries • operating systems and platforms • dealers and agents |
Usage Data | Includes browsing history, clickstream data, search history, access logs and other usage data and information regarding an individual’s interaction with our websites, mobile apps and other Services, and our marketing emails and online ads. | • service providers • advisors and agents • government entities and law enforcement • affiliates and subsidiaries • advertising networks • data analytics providers • social networks • internet service providers • operating systems and platforms • dealers and agents |
Audio, Video and Electronic Data | Includes audio, electronic, visual, thermal, olfactory, or similar information such as, CCTV footage (e.g., collected from visitors to our offices and premises, or as part of our Aljia (CCTV) services, photographs and images (e.g., that you provide to us) and call recordings (e.g., of customer support calls). | • service providers • advisors and agents • government entities and law enforcement • affiliates and subsidiaries • internet service providers • operating systems and platforms |
Professional information | Includes professional and employment-related information [(such as current and former employer(s) and position(s), business contact information and professional memberships)]. | • service providers • advisors and agents • government entities and law enforcement • our affiliates and subsidiaries |
Inferences | Includes inferences drawn from other personal information that we collect to create a profile reflecting an individual’s preferences, characteristics, predispositions, behavior, attitudes, intelligence, abilities or aptitudes. For example, we may analyze personal information in order to identify the offers and information that may be most relevant to customers, so that we can better reach them with relevant offers and ads. | • service providers • advisors and agents • government entities and law enforcement • our affiliates and subsidiaries • advertising networks • data analytics providers • internet service providers • operating systems and platforms • dealers and agents |
Sources of Personal Information. As further described in the Information We Collect section above, we may collect personal information from the following sources
• directly from the individual and subscribers
• advertising networks
• data analytics providers
• social networks
• internet service providers
• operating systems and platforms
• government
entities
• dealer and agents
Do We “Sell” Personal Information? Under the CCPA, a “sale” includes disclosing or making available personal information to a third party in exchange for monetary compensation or other benefits or value. While we do not disclose personal information to third parties in exchange for monetary compensation, we may disclose or make available certain categories of personal information to third parties in order to receive certain benefits or services, such as when we make browsing information available to third-party ad companies (through third party-tags on our websites) in order to improve and measure our ad campaigns and reach users with more relevant ads and content. As defined by the CCPA, we may “sell” Usage Data and Identifiers to third party advertising networks and data analytics providers. You may opt out of a sale of personal information as described in the Exercising Your Rights section below.
CCPA Rights
You may request to review, make amendments, have deleted, or otherwise exercise your rights, under applicable privacy laws, with respect to your personal information that we hold by emailing us at the contact information below. Please note that we may maintain copies of information that you have updated, modified, or deleted, in our business records and in the normal course of our business operations, as permitted or required by applicable law.
The CCPA provides California residents consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access Rights: with respect to the personal information we have collected about them in the prior 12 months, to require that we disclose the following to them (up to twice per year and subject to certain exemptions):
• categories of personal information collected;
• categories of sources of personal information;
• categories of personal information about them we have disclosed for a business purpose or sold;
• categories of third parties to whom we have sold or disclosed for a business purpose their personal information;
• the business or commercial purposes for collecting or selling their personal information;
and
• a copy of the specific pieces of personal information we have collected about them.
Deletion Rights: to request deletion of their personal information that we have collected about them and to have such personal information deleted (without charge), subject to certain exceptions.
Right to Non-Discrimination: the right not to be subject to discriminatory treatment for exercising their rights under the CCPA.
Do Not Sell (opt out): to opt-out of our sale of their personal information. While we may “sell” personal information as defined by the CCPA, we do not sell personal information about California consumers who we know are younger than 16 years old.
Exercising Your Rights. California residents may submit CCPA requests to opt out of sales, requests to know (access), and requests to delete their personal information through any one of the following methods:
• By submitting the request through our Contact Us form or by phone at 1888-254-8827 (toll free).
When you submit a request to know or a request to delete, we will take steps to verify your request by matching the information provided by you with the information we have in our records. You must provide us with this information by logging into your account or via email or the above toll-free number to verify your request. In some cases, we may request additional information in order to verify your request or where necessary to process your request. If we are unable to adequately verify a request, we will notify the requestor. Authorized agents may initiate a request on behalf of another individual through the above-listed methods; authorized agents will be required to provide proof of their authorization and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent.
Your Privacy Rights Under California Shine the Light Law. Under California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), California residents who provide us certain personal information are entitled to request and obtain from us, free of charge, information about the personal information (if any) we have shared with third parties for their own direct marketing use. Such requests may be made once per calendar year for information about any relevant third-party sharing in the prior calendar year. To submit a “Shine the Light” request, email us at Privacy.Legal@italkbb.com, , and include in your request a current California address and your attestation that you are a California resident.
Changes to This Policy
This policy is current as of the date set forth above. We may change this policy from time to time, so please be sure to check back periodically. We will post any changes to this policy on our website. If we make any changes to this policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our website.
Contacting Us
For more information about our privacy practices, please do not hesitate to contact us at:
Email: Privacy.Legal@italkbb.com
Toll Free: 1888-254-8827
Postal Address: iTalk Global Communications, Inc.William Burge, General Counsel ,1120 S Capital of Texas Hwy, Bldg. 3, Suite 110, Austin, TX, 78746
© iTalk Global Communications, Inc., May 2022 – All Rights Reserved
Legal
iTalk Legal Department
1120 S. Capital of Texas Hwy
Bldg 3, Ste 110 Austin, Texas 78746
512-637-1453
512-637-1454
Email: italklegal@italkbb.com
Business Area |
Contact Person or Group |
The following office contact numbers are available during normal business hours Mon. - Fri. from 8:30 am - 5:00 pm (Eastern) unless otherwise noted |
Subpoenas, Court Orders & Search Warrants for Records Production |
Records Production 24 x 7 x 365 |
Office: 877-510-4357 |
Court Orders for Electronic Surveillance: |
Law Enforcement Liaison Division (LELD): for all LAES matters 24 x 7 x 365 |
Office: 720-231-5735 |
24x7 Emergency Requests: |
To be used by LEAs only Please call after sending an emergency fax or e-mail |
Record Production Office: 877-510-4357 (Opt 1) |