Privacy policy

Talking Tree, Inc. (“Talking Tree” or “us” or “we”) is committed to respecting and protecting your privacy. This privacy policy covers the collection and use of information for each Talking Tree website and any websites or mobile applications that link to it, as well as the information we collect when you interact with us through social media, events, apps or other websites and online services.

Talking Tree understands that privacy is important to our users. This privacy policy covers the collection and use of personal information for any Talking Tree product, content, media or Products (collectively, the “Products”), including but not limited to the website https://talkingtree.app, as well as the information you provide to us through social media or other websites and online services, attend one of our webinars and other live or virtual events hosted or managed by Talking Tree, or use any other service provided by us (the “Services”).

Please note that our privacy practices are subject to the applicable laws of the regions in which we operate. Accordingly, some additional region-specific terms will only apply to individuals in those locations, or as required by applicable laws.

For more information about how users with disabilities can access this privacy policy in an alternative format, please email connect@talkingtree.app.

BY USING OR ACCESSING THE PRODUCTS OR SERVICES, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH OUR POLICIES OR PRACTICES, YOU SHOULD NOT USE OR ACCESS THE PRODUCTS OR SERVICES, OR PROVIDE US WITH ANY PERSONAL INFORMATION.

We may provide different or additional privacy notices in connection with certain activities, programs, and offerings. Additionally, we may provide additional “just-in-time” notices or notices at collection that may supplement or clarify our privacy practices or provide you with additional choices regarding your personal information.

What Information We Collect

We use the term “personal information” – also called “personal data” or “personally identifiable information” in the laws of some jurisdictions – to refer to information that reasonably identifies, relates to, describes, or can be associated with you. Data that has been de-identified or that otherwise cannot reasonably be related back to a specific person is not considered personal information. The precise definition of personal information may vary depending on your place of residence, but we take the same general approach to protecting your privacy, subject to any additional measures that may be required by applicable laws.

How We Collect Your Information

Information you give us: We collect information that you choose to provide to us when you create any account with us, use or license our Products and Services, request customer service, sign up for email newsletters, participate in surveys, or otherwise submit to us through our website, via a social media platform, email or text message, in person, over the telephone, or by mail. In order to use our Products and Services, we may request certain contact information and demographic information about you such as your name, email address, phone number, company name, size of company and professional title. We also may receive information about you from other sources and add it to the information you have provided to us. If you choose to subscribe to our Product through our website, you may also be asked to provide your credit card information to fulfill your registration or purchasing requests, as well as other financial transaction data. We also collect audiovisual information, including recordings of online events. By attending an Event, you acknowledge and agree that you may be recorded.

Information collected automatically: When you use the Services, we or third parties we work with may automatically collect certain information using technologies such as cookies and other tracking technologies described below.

• Cookies and Similar Technology: We may automatically collect information and data through the use of log files, “cookies” or other information storage and tracking technology. These technologies allow us to track usage behavior and compile website usage information that will allow for the improvement of content. This information may include your internet protocol (IP) address, associated company name, if any, browser type, platform, internet service provider (ISP), time and date stamp, general geographic information, referring pages and exit pages. We may store some information on your device or device hard drive as a cookie or similar type of file (such as clear gifs, web beacons, tags, and similar technologies that work on mobile devices) to collect data related to usage of the Services. We may also use cookies to customize your visit to the website and for other purposes to make your visit more convenient or to enable us to enhance the Services.
• Analytics: The Services incorporate various tracking technologies, including, but not limited to, Google Analytics, Meta, and Twitter, all of which have their own privacy policies.
• Clickstream Data: As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. Clickstream data can tell us the type of computer and browsing software you use and the address of the website from which you linked to the Services. We may collect and use clickstream data as a form of aggregate information to anonymously determine how much time visitors spend on each page of our website or app, how visitors navigate throughout the Services, and how we may tailor our web pages to better meet the needs of visitors. This information will be used to improve our Services.

How We Use Information

Talking Tree may use your personal information for any of the following reasons:

• To provide, maintain, personalize, optimize, and improve the website, including research and analytics regarding use of the website, or to remember you when you leave and return to the website;
• To provide and improve our products and services, to provide you with customer service, to process any transactions you request, or authenticate you as a customer;
• To deliver promotional messages, notices, and other information about products, events and services of ours to which you have consented;
• To offer you customized content and other personalization to make the Service more relevant to your interests and geography;
• To provide you with e-newsletters you have requested;
• To send you notices for subscription renewal;
• To support core business functions, including internal audits;
• To comply with legal and compliance obligations;
• For security and fraud prevention;
• To support health and safety at our events; and/or
• For any additional purposes that you specifically consent to.

We reserve the right to develop and derive aggregate data (meaning information that relates to a group or category of individuals, from which individual identities have been removed) from personal information in order to enhance and maintain the Services, and such aggregate data will be treated as non-personal information.

How We Share and Disclose Information

Business partners: From time to time, Talking Tree may also share your contact information with other organizations, such as Strategic Partners offering complementary products, for marketing and other business purposes. If you do not wish for your information to be shared, please send an email to connect@talkingtree.app.

Vendors and service providers: We contract with third party vendors and service providers to provide us with specialized services. These companies or individuals may be provided with access to information about you, but only as needed to perform their functions. These vendors are required to maintain the confidentiality, security, and integrity of such information.

Corporate affiliates: We share personal information with our corporate affiliates and subsidiaries, who process personal information on our behalf, where necessary to provide a product or service that you have requested, or in other circumstances with your consent or as permitted or required by law.

Legal and compliance: Notwithstanding any other provision of this privacy policy, we may disclose information about you to any third party when disclosure is required by law, or desirable to permit us to exercise or preserve our legal rights or take action regarding potentially illegal activities, to enforce our Terms of Use or to protect the safety of any person.

Business transfers: In the event we are acquired by or merged with a third-party entity or in the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected through the Services as part of such merger, acquisition, sale, or other change of control.

Do Not Track

Talking Tree collects limited information for analytics purposes. Talking Tree does not sell or share your data with advertisers without your consent. Your browser or device may include “Do Not Track” functionality. The information collection and disclosure practices and the choices that we provide to you will continue to operate as described in this privacy policy, whether or not a Do Not Track signal is received. However, where required by applicable law, we treat Global Privacy Control signals as a means of opting out of the sale or sharing of personal information, or of opting out of the processing of personal information for targeted advertising, as applicable.

We may combine information you give us or that we collect automatically with our business records, information from third parties, or information collected from another browser or device to personalize our communications with you.

Cross-Device Matching

We may use your information to help us, or our third-party vendors, determine if you have interacted with the Services across multiple devices and to match such devices. To accomplish this, we may rely on information (including demographic, geographic and interest-based data) from third parties such as data vendors, pursuant to their own privacy policies, or we may use information we collect in conjunction with such third-party data.

Your Choices

Consistent with applicable law, you may exercise the choices described in this section regarding your personal information and communications from us. You may also have certain additional rights available depending on laws in your state or country of residence, as described further below in the privacy policy.

Links to Other Sites and Social Media Services

We may create links to other websites that we think may be of interest to you, such as providers of various products and services. We may also provide links that allow you to send or forward a post from our Services through or to third-party social media sites, or other means of electronic communication, such as an email or text messaging service. We do not endorse any other websites, providers, or services by providing such links, and this privacy policy applies only to your use of our Services. We are not responsible for the privacy policies of any websites and services we link to on our Services, and you should read the privacy policies of each site you visit to determine what data that site may collect about you.

Our Services may also integrate with social media services. We do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our Services, we are doing so merely as accommodation and, like you, are relying upon those third-party services to operate properly and fairly.

You should be aware that any personal information which you voluntarily include and transmit online in a publicly accessible blog, forum, social network, or otherwise may be viewed and used by others. By using such features, you assume the risk that the personal information provided by you may be viewed and used by third parties.

Children This website is not directed at children under the age of 13 and does not knowingly collect any personal information from children under the age of 13. If a parent or guardian believes that this website has collected the personal information of a child under the age of 13, please email connect@talkingtree.app.

Data Retention

We will retain the personal information we hold about you for as long as we have a legitimate business need or as needed to provide you with the Products and Services, and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your information, we may continue to retain and use anonymous or aggregate data, or any other data that constitutes non-personal information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

Cross Border Data Transfers

We may store this information in the United States or we may transfer it to any other country. If you are located outside of the United States and voluntarily submit information to us, we may transfer that information to and store that information in the United States. The data protection laws in countries to which personal data are transferred may or may not provide a level of protection equivalent to the laws in your home country. Wherever we hold the data, we will apply the terms of this privacy policy and any applicable data protection law. Where applicable, we may use model clauses approved by the laws of your jurisdiction (such as Standard Contractual Clauses approved by the European Commission) for cross-border data transfers.

Data Security

We maintain certain procedures to protect the confidentiality, security and integrity of information you submit to us or that we collect while it is controlled by us. We also use reasonable and appropriate physical, technical, and organizational safeguards designed to promote the security of our systems and protect the confidentiality, integrity, availability, and resilience of personal information. However, the storage and communication of such information cannot always be completely secure. Also, we cannot and do not guarantee that data transferred to third parties in accordance with this privacy policy will be protected against intentional or accidental misuse or loss.

California Privacy Rights

The California Consumer Privacy Act of 2018 (“CCPA”), as amended by the California Privacy Rights Act of 2020, provides you with specific rights regarding your personal information. This section describes the rights that California consumers have and explains how to exercise those rights. For the purposes of this section, personal information does not include: (i) information that is lawfully made available from federal, state or local government records; (ii) de-identified or aggregated data; or (iii) information excluded from the scope of the CCPA.

To be clear, these rights are granted only to the extent that you are a California consumer and we are acting as a “business” under the CCPA with respect to your personal information. The rights in this section are not intended to grant you additional rights, but only your rights under the CCPA.

In the past 12 months, we have collected the categories of personal information described below for the business or commercial purpose(s):

• Identifiers
• Customer records information
• Characteristics of protected classifications under California or federal law
• Commercial information
• Internet or other similar network activity information
• Sensory data
• Professional or employment-related information.

Depending on your level of interaction with us, we may not have collected your personal information from all of these categories. The sources from which we collect your personal information are described above in the section “How We Collect Your Information”. Depending on your level of interaction with us in the past 12 months, we have disclosed one or more of the above categories of personal information to our service providers for a business purpose, as set out in the section “How We Share and Disclose Information”.

Rights to Your Information

a. Right to Know

As a California consumer, you have the right to request that we disclose certain information to you about our collection, use, disclosure or sale of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Your Rights, below), and subject to certain limitations that we describe below, we will disclose such information. You have the right to request any or all of the following:

• The categories of personal information we collected about you.
• The categories of sources from which the personal information is collected.
• Our business or commercial purpose for collecting or selling that personal information (Please note that Talking Tree does not sell or share your information without your consent).
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (see Data Portability Rights below).

b. Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Your Rights, below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. However, we maybe retain personal information that has been de-identified or aggregated. Furthermore, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) in order to perform certain actions set forth under CCPA, such as detecting security incidents and protecting against fraudulent or illegal activity.

c. Right to Data Portability

You have the right to request a copy of personal information we have collected and maintained about you in the past 12 months. The CCPA allows you to request your information from us up to twice during a 12-month period. We will provide our response in a readily usable (and usually electronic) format.

d. Right to Correct

You have the right to request the correction of any personal information we maintain about you.

e. Right to Opt Out of Selling or Sharing Your Personal Information

Talking Tree does not sell or share your information without your consent. If you have previously given consent but would like to withdraw your consent, you have the right to opt out of the sale or sharing of your personal information, along with the right to opt in to the sale of such information. To exercise the right to opt out, you (or your authorized representative), please email connect@talkingtree.app with “Do Not Sell or Share My Personal Information”.

f. Right to Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights, including but not limited to, by:

Denying you goods or services.

Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

Providing you a different level or quality of goods or services.

Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

g. Exercising Your Rights

To exercise the rights described above, please email connect@talkingtree.app.

After submitting a request, we will take steps to verify your identity in order for us to properly respond and confirm that it is not a fraudulent request. In order to verify your identity, we will ask, at a minimum, that you provide your name, email address, phone number, address, and relationship to us, so that we can seek to match this information with the information existing in our systems. When providing us this information, you represent and affirm that all information provided is true and accurate. If we are unable to verify that the consumer submitting the request is the same individual about whom we have collected personal information, we may contact you for more information, or we may not be able to meet your request.

Only you, or an agent legally authorized to act on your behalf, may make a verifiable request related to your personal information. If you are making a request as the authorized agent of a California consumer, we will ask you also submit reliable proof that you have been authorized in writing by the consumer to act on such consumer’s behalf.

We will make every effort to respond to your request within 45 days from when you contacted us. If you have a complex request, the CCPA allows us up to 90 days to respond. We will still contact you within 45 days from when you contacted us to let you know we need more time to respond.

California Civil Code Section 1798.83 (“Shine the Light”) permits California residents to request certain information regarding our disclosure of your personal information to third parties for their direct marketing purposes.

Nevada Privacy Rights

If you are a resident of Nevada, you have the right to opt out of the sale of certain personal information that we have collected (or may collect) from you to data brokers or other third parties and to which you have previously consented. To make such a request, please email connect@talkingtree.app with “Nevada Do Not Sell Request” in the details section of the form.

Virginia, Colorado, Connecticut and Utah Privacy Rights

Residents of Virginia, Colorado, Connecticut and Utah have certain rights with respect to their personal information.  These rights are established through the Virginia Consumer Data Protection Act (“VCDPA”), Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act (“CTDPA”), and the Utah Consumer Privacy Act (“UCPA”) (collectively, the “State Laws”). The rights available to residents of these states are explained below.

The categories of personal information we process, our purposes for processing your personal information, the categories of personal information that we share with third parties, and the categories of third parties with whom we share it are set forth in the privacy policy above.

Rights to Your Information

In addition to the rights set forth in this privacy policy, the State Laws provide you with the following rights, except where indicated otherwise below:

a. Right to know

You have the right to know whether we process your personal information and to access such personal information.

b. Right to data portability

You have the right to obtain a copy of your personal information that you previously provided to us or that we have obtained in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another business without hindrance, where the processing is carried out by automated means. Subject to certain exceptions, you may request such personal information free of charge once annually, except for Virginia residents, who may request such personal information up to twice annually.

c. Right to delete

Residents of Virginia, Colorado and Utah have the right to delete personal information that you have provided to us or that we have obtained about you. Requests from Utah residents cover only personal information that you have provided directly to us. Please note that we may deny requests to delete if the requested deletion falls under an exception as set forth in the applicable State Laws. Additionally, if you request deletion of your personal information and we have obtained such information from a third-party source, we may retain such data by keeping a record of the deletion request and the minimum data necessary to ensure that your personal information remains deleted from our records and that such retained data is not used for any other purpose, or we may opt you out of the processing of such personal information for any purpose except for those allowed under the applicable State Laws.

d. Right to opt out

Residents of Virginia, Colorado, Connecticut and Virginia have the right to opt out of the processing of the personal information for purposes of: (i) targeted advertising; (ii) the sale of personal information; or (iii) profiling that produces legal or similarly significant effects concerning you. Utah residents may opt out of the processing for the purposes described in (i) and (ii) of this paragraph. As of the latest date of this privacy policy:

We do not process personal information for the purposes of targeted advertising;

We do not sell your personal information in exchange for monetary consideration; and

We do not engage in profiling decisions based on your personal information that produce legal or similarly significant effects concerning you.

If you wish to opt out of the processing of your personal information for any of the above purposes, and your state of residence provides for such opt-out right, please email connect@talkingtree.app.

e. Right to correct

Residents of Virginia, Colorado and Connecticut have the right to correct inaccuracies in their personal information, taking into account the nature of the personal information and the purposes for which we process it.

f. Right to nondiscrimination

You have the right not to receive discriminatory treatment by us for the exercise of your privacy rights under State Laws. Unless permitted by applicable State Law, we will not:

Deny you goods or services;

Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;

Provide you a different level or quality of goods or services; or

Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

How to Exercise Your Rights; Verifying Your Identity

To exercise any of your privacy rights under State Laws, please email connect@talkingtree.app.

After submitting a request, we will take steps to verify your identity in order for us to properly respond and/or confirm that your request is not fraudulent. We may contact you for additional information as reasonably necessary to authenticate your request, but if we are ultimately unable to authenticate your request using reasonably commercial efforts, then we may not be able to comply with it.

Only you may make a verifiable request related to your personal information. If you are making a request as the parent or legal guardian of a known child regarding the processing of that child’s personal information, we may ask you to submit reliable proof of your identity.

Response Time; Your Right to Appeal

We will make every effort to respond to your request within 45 days from when you contacted us. If you have a complex request, certain State Laws allow an extension of our time to respond. We will contact you within 45 days from when you contacted us to inform you of the need for additional time and the reason for such extension. We may charge you a reasonable fee to cover administrative costs if your requests are manifestly unfounded, excessive, or repetitive.

If we decline to take action on a request that you have submitted, we will inform you of our reasons for doing so, and, for Virginia, Colorado and Connecticut residents, provide instructions for how to appeal the decision. Residents of those states will have the right to appeal within a reasonable period of time after you have received our decision. Within the time provided by your State Law of our receipt of your appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If we deny your appeal, we will provide you with a method for contacting your state’s regulatory authority to submit a complaint.

Sensitive Data

The VCDPA, CPA, and CTDPA each require companies to obtain a consumer’s affirmative consent before processing “sensitive data,” which may vary depending on the specific statute. We will not process any such sensitive data from Virginia, Colorado, or Connecticut residents without first obtaining your consent. Additionally, for Colorado residents, we will not process any sensitive data inferences without first obtaining your consent.

Currently, we do not process any “sensitive data” that is protected under applicable State Laws.

European Privacy Rights

If you are a resident of the EEA, United Kingdom, or Switzerland, the following information applies with respect to our collection, use, and disclosure of your personal data and additional rights you have under applicable law.

Data Controller: Talking Tree X, LLC is the data controller of all personal data collected through the Services.

Purposes of processing and legal basis for processing: We process personal data for the purposes described in “How We Use Your Information” above. We process personal data on the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide the Services; (3) as necessary for our legitimate interests in providing the Services where those interests do not override your fundamental rights and freedoms related to data privacy; and (4) where we need to comply with a legal or regulatory obligation. To the extent permitted under applicable laws, we will also process, transfer, disclose, and preserve personal data when we have a good faith belief that doing so is necessary.

If you are situated in the EEA, Switzerland, or the UK and have any complaints regarding our privacy practices, you have the right to make a complaint at any time to your local supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority, so please contact us in the first instance. If you have a complaint, please email connect@talkingtree.app.

Failure to provide personal data: Where we need to collect personal data by law or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may not be able to provide certain services to you.

Third party sources: We may obtain personal data and other information about you through public sources and through our third-party partners who help us provide our products and services to you.

Withdrawing your consent: If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time by contacting us using the information below.

Marketing: We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or used our services and, in each case, you have consented to our use of your personal data for marketing purposes.

Transfers: Personal data we collect from the EEA, UK, and Switzerland may be transferred to, and stored and processed in, the United States or any other country in which we or our affiliates or processors maintain facilities. We will ensure that transfers of personal data to a third country or an international organization are subject to appropriate safeguards.

Individual Rights: If you are a resident of the EEA, UK or Switzerland, under the EU General Data Protection Regulation, as a data subject, you have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

In order to verify your identity, we may require you to provide us with personal information prior to accessing any records containing information about you. Please contact us using the information below to exercise your rights under the GDPR.

Changes to This Privacy Policy

We may change this privacy policy and our data collection and management practices. We reserve the right to update changes to this privacy policy and to our practices in collecting and handling personal information. If we make material changes, we will post a notice at this website and indicate at the top of this statement when it was most recently updated. Any updated version of this privacy policy will be effective immediately upon posting unless otherwise specified. Your continued use of the Services after the effective date of the revised privacy policy will constitute your consent to those changes. However, we will not, without your consent, use your personal information in a manner materially different from what was stated at the time your personal information was collected. We encourage you to periodically review the website for the latest information on our privacy practices.

Contact

Please contact us if you have questions or wish to take any action with respect to information to which this privacy policy applies. You can reach us by emailing connect@talkingtree.app.