Last Updated: May 2, 2022
Speakfully Inc. (“we,” “us,” or “our”) owns, operates, and provides this website (the “Site”) and the software as a service made available by us, accessible via the Internet, for managing certain information regarding inappropriate behavior (collectively, “Speakfully”).
If you are consenting to this Policy on behalf of another individual or business, you represent and warrant that you have full authority to act for and to bind that individual or business to this Policy, in which case “you” and “your” refer to such individual or business. If you do not have such authority, you shall not use or access Speakfully or the Site.
In this Policy, we use the capitalized terms “Speakfully User,” “Individual User”, “Employee User,” “SpeakfullyNow User”, and “Organization.” Those capitalized terms used in this Policy have the meaning defined in the Terms.
What Information Do We Collect?
We collect information when you use or access the Site or Speakfully. You provide information when you post or transmit content (including any text, graphic, audio, video, or other content) to us, respond or subscribe to surveys, newsletters or mailing lists, or otherwise use or access the Site or Speakfully. The information you provide may include your name, address, phone number, email address, company name, job title, IP address, content of messages transmitted to us via the Site or Speakfully, and other information that personally identifies you or can otherwise be linked to you.
When you access or use the Site or Speakfully, we may send one or more cookies – small files – to your computer or other devices. We may be able to uniquely identify your browser with such cookies. We may use session cookies and persistent cookies. Session cookies provide information to us while your browser is open. Persistent cookies provide information to us after you close your browser and later re-open it. If you disable cookies in your browser, some features of the Site or Speakfully may not function.
We may also record certain information that your device sends or makes available whenever you use or access the Site or Speakfully. Such information may include your location, your device and its specifications, your referring page or service and URL, IP address, browser type and language, operating system specifications, pages viewed, the time you spend on each page, the order in which you view pages, the date and time of your use or access, the exit page or service and URL, application crashes, and similar information.
We may also use technology such as web beacons and clear gifs to track your use of and access to the Site. We may also use this technology in emails we send to you to track whether you opened the email.
Some web browsers and devices permit you to broadcast a preference to websites and online services that they “do not track” your online activities. At this time, we do not modify what information we collect or how we use that information based upon whether we receive such a signal.
We also collect additional information when you use Speakfully. Depending on how you decide to use Speakfully or the version of Speakfully used, the information we collect from you may vary. When you use or access Speakfully as an Employee User or SpeakfullyNow User, certain metrics and other information regarding your use of and access to Speakfully will be made available to the associated Organization via that Organization’s Speakfully dashboard, as described in the Terms and in this Policy. When you answer questions or submit other information to Speakfully, you may elect to provide Speakfully certain personal information.
For example, if you are an Employee User or SpeakfullyNow User and wish to submit log an entry, you will be required to answer certain questions posed by the Organization regarding that entry as described in the Terms. At the point when you submit log the entry, we do not permit the Organization to ask you for the following:
As another example, if you are an Employee User the Organization associated with your Employee User account may perform employee surveys by sending an email or other notice via Speakfully to all Employee Users associated with the Organization’s Speakfully account. You may view or complete such survey as described in the Terms. These surveys are voluntary, and you are not required to view or complete them.
We do not require you to complete or view any such survey in order to use or access Speakfully. Unless different terms apply by separate contractual agreement, we do not permit the Organization to ask you for your name in any such survey, and Organizations are prohibited from engaging in that activity under the Terms. Unless you choose to disclose your name when you complete the survey, we do not disclose your name to the Organization when you view or complete a survey.
The Organization can see aggregate statistics about survey answers and view rates via Speakfully, whether or not you or any other Employee User or SpeakfullyNow User views or completes any survey. We do not control, and are not responsible for, how the Organization recipient uses or discloses such aggregate statistics. Such statistics will not be deleted from our systems if you delete your account.
As another example, if you are an Employee User or SpeakfullyNow User we may also provide you with the ability to submit via Speakfully feedback directly to the Organization. You may or may not choose to identify yourself in any such feedback. We do not control, and are not responsible for, how the Organization recipient uses or discloses such feedback.
As another example, if you are an Employee User and wish to make a submission to the Organization associated with your Employee User account, you will be required to answer additional questions regarding that submission folder as described in the Terms . For more information about folder submissions made as an Employee User, see Section 7 of the Terms As an Individual User who exports submissions a folder, however, these questions are optional, as described in the Terms
The information you submit enter as a Speakfully User is “Speakfully User Data”.
For more information about how to use Speakfully, participate in surveys, make submissions to an Organization, export folders, or delete certain information, please see the Terms. In the Terms, we also provide a description of the information made available to Organization administrators via Speakfully about the Employee Users associated with the Organization’s Speakfully account. Such information may include information regarding your use of Speakfully, as described in the Terms, so please read them carefully.
If you are an Organization, we also collect additional information when you use and access Speakfully. The additional information we collect from you includes the information described below (collectively with other information we collect from you described above, “Organization Data”):
May Educational Institutions Consent as Agents?
When an Educational Institution contracts with us to offer SpeakfullyNow solely for the use and benefit of the Educational Institution, and for no other commercial purpose, the Educational Institution may consent to the collection of a child’s personal information on his or her parents’ behalf.
How Do We Use The Information?
We use Speakfully User Data and Organization Data, and the other information we collect through your use of and access to the Site and Speakfully, and share such information with our affliates, third party IT systems providers (email, server, and other IT administration providers), data storage, providers, website hosting providers, and customer relationship management system providers, to operate, maintain and provide the features and functionality of the Site and Speakfully, including to:
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce the Terms and this Policy, including investigation of potential violations of the Terms; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) cooperate with law enforcement authorities; (v) respond to user support requests; or (vi) protect our, our users' or the public's rights, property or safety.
In the event that we are involved in a merger, acquisition, sale, bankruptcy, insolvency, reorganization, receivership, assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, or a change of control, there may be a disclosure related to such event to another entity of your Speakfully User Data, your Organization Data, and any other information you submit to us or we collect from you.
Except to the extent otherwise permitted or described in the Terms or this Policy, we will not intentionally disclose your unencrypted Speakfully User Data or your unencrypted Organization Data to any third party.
What Are Your Controls and Choices?
You have the right to exercise certain controls and choices regarding our collection, use and sharing of your information. Your controls and choices include the following:
You may, of course, decline to submit personal information to us, in which case we may not be able to provide certain services to you.
We reserve the right to take reasonable steps to verify your identity before complying with your requests.
How Do We Protect Your Information?
We’re committed to protecting the security of your personal information and take reasonable precautions to protect it. We use industry-standard encryption to protect your data in transit and while it is stored on our servers. This is commonly referred to as transport layer security (TLS) or secure socket layer (SSL) technology. However, Internet data transmissions are not guaranteed to be 100% secure, and we cannot ensure the security of information during its transmission between you and us. Accordingly, you acknowledge that when you transport such information, you do so at your own risk.
We protect your personal information in our systems using technical and administrative security measures designed to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. However, you acknowledge and agree that we have no responsibility for adequate security, protection, and backup of information in our possession or control or the possession or control of any recipient to whom you send a report, of our service providers, of Speakfully Users, or of Organizations. In addition, we do not control, and are not responsible for, how you or anyone else use or disclose the information you submit to an Organization or you otherwise export from Speakfully.
If we learn of a Speakfully system breach, we will notify you and provide information on protective steps, if available, using the information that you have provided to us. We may also post a notice on the Site and/or notify you via Speakfully or via the email address associated with your account at the time.
We recommend that you do not use or access Speakfully or the Site from any device or network you do not trust. We cannot prevent, nor be held responsible for, you being monitored by others, particularly if you communicate using computing devices or networks owned or controlled by third parties.
If you received suspicious reports via a Speakfully email address, please contact us at firstname.lastname@example.org. If you believe you’ve discovered a potential security vulnerability with our systems, we appreciate your help in disclosing the issue to us at email@example.com.
Governing Law and Jurisdiction
The Site and Speakfully are hosted in the United States. If you are using or accessing the Site or Speakfully from outside the United States or any other region with laws or regulations governing information collection, use, and disclosure that differ from the United States laws, please be advised that through your use of or access to the Site or Speakfully, which are governed by U.S. law, you are transferring information to the United States and you consent to that transfer.
The laws of the State of Wisconsin and applicable United States law govern all matters arising out of or relating to this Policy, the Site, and Speakfully, including, without limitation, interpretation, construction, performance, and enforcement, without giving effect to such state’s conflicts of law principles or rules of construction concerning the drafter hereof. You hereby irrevocably and unconditionally submit to the jurisdiction of the federal and state courts located in Eau Claire County, Wisconsin for the purpose of any suit, action, or other proceeding arising out of or based upon this Policy and your access to or your use of the Site and Speakfully, which courts are the exclusive forum for any such suit, action, or other proceeding.
If you have any questions or suggestions regarding this Policy, please contact us.
312 South Barstow Street, Suite 2
Eau Claire, WI 54701