Privacy Policy

Last Updated: June 20, 2024

Overview

Speakly AI (“Speakly”, “we”, “our” or “us”) provides our Clients with customer-communication analytical services through the use of our smart badges and the corresponding B2B SaaS (together as “our products”).

This privacy policy decrees how and why we and our affiliates collect, store, use, and/or share certain personal information to facilitate the provision of our services. Please take a moment to familiarize yourself with our privacy protection practices. By accessing or using our website, you are indicating your agreement to this privacy policy. If you still have any questions or concerns, please contact us at support@speaklyai.com.

Scope of Data Processing

We only collect and process personal information in connection to the provision of our services on behalf of our Clients. In jurisdictions that distinguish between a “controller” and a “processor” (or similar terms), we are the “processor” that collects and process certain data on behalf of our Clients, which are the “controllers”. Pursuant to the service agreement between us and our Clients, our Clients are responsible for obtaining Data Subjects’ valid consent before using our products and services to collect and process their data.

Unless otherwise defined:

• • “Clients” refers to the legal persons that purchases our products and/or subscribe to our services as provided in the service agreement.
  • “Data Subjects” refers to End-users and customers.
  • “End-user” refers to Client’s employees, representatives, and Client’s customers who interacts with the Client’s employees or representatives.
  • “Customers” refer to individuals who are out Clients’ customers and interacts with End-users through our service platform or while the End-users are wearing or using our products.
  • “Smart Badge” refers to the device worn by our Client’s employees or representative, which collects audio information on communications between the wearer and another person(s).

We note that our Clients may collect and use your information beyond the scope of our services. End Users are encouraged to review their privacy policies to understand their data processing practices. Any queries about data processing practices should be directed to the respective Clients.

How We Collect Personal Information

1. Information Provided by Clients and Data Subjects

We collect personal information on Data Subjects that are necessary for the provision of our services. Information we collect and process includes:

• • Account information: End-users’ name and/or role in the company, End-users’ corresponding teams, account usernames, contact information, and preference settings.
  • Content of Data Subjects’ communications: content of communications made between Data Subjects when at least one Data Subject is wearing a smart badge.
  • Contents of communications to us: contents of messages (including attachments), along with any additional and/or optional information provided.
  • Any other information Clients and Data Subjects may choose to provide.

2. Information Automatically Generated and Collected

The following information may be automatically generated and/or collected during the provision and utilization of our smart badges and services:

• • Account information: user ID, login credentials, traffic data, and usage history.
  • Smart badges information: model, operating system, and information regarding the connection between the smart badge to the system.
  • Chat information: End-users’ ID, chat duration, content of communication, Data Subjects’ voice print.
  • System information: usage logs, crash reports.

3. Cookies and Similar Technologies

We use “cookies” and other technologies such as web beacons. A cookie is a small file placed on the hard drive of your computer when you browses our website. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website and service portal. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

4. Categories of Personal Data Processed (for California Residents)

In such cases where the California Consumer Privacy Act of 2018 (CCPA) and California Privacy Rights Act (CPRA) are applicable to Speakly AI in accordance with the law, the information and the rights specified in this section are available to users residing in California.

We collected the following categories of personal information within the last twelve (12) months:

• • Identifiers: real name, alias, unique personal identifier, online identifier, email address, account name.
  • Commercial information: Order history and related information
  • Sensory information: Audio, electronic, visual, thermal, olfactory, or similar information.
  • Behavioral analysis: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
  • Content of communications: The contents of mail, email, and text messages unless we are the intended recipient of the communication.

How We Use Your Information

We process personal information as necessary for the provision of our Services and the performance of our contract with our Clients. For example, we need to process personal information to enable the following:

• • Provision of our Services: account registration, identifying and authenticating Clients and End-users, setting up smart badges, connecting smart badges to the network, operating smart badges, checking the status of smart badges, and allowing any customization settings;
  • Customer support service: information required to communicate with Client, which includes account information, End-users’ information, contents of the communication between Data Subjects, and other functions enabling reviews of our products and feedback;
  • Log reports which include device data, usage history, device settings, crash and error records, abnormal activities records, and account information;
  • Operate, evaluate and improve our business: including developing software updates, developing new products and services, analyzing our Services, aggregating and anonymizing data, performing data analytics, auditing and other internal functions;
  • Network security: specifically for the prevention, detection, and protection against fraud, abuse, criminal activities, and other abnormal activities；
  • Comply with regulation requirements: enforcement and compliance with legal requirements, for the execution of claims, including relevant industry standards, and our policies;
  • For administrative purposes: including quality assurance purposes and internal training;
  • Marketing and advertising: such as sending promotions and offers on services and goods. You may also contact us at market@speaklyai.com to opt out of marketing.

We may combine information we obtain about End-users for the purposes described above. We may also use the information we obtain for other purposes for which we provide specific notice at the time of collection or otherwise with consent.

How We Share Information

1. With Our Clients

The provision of our services necessitate the sharing of End-users’ information with our Clients and other personnel authorized by our Clients, which may include their employees and representatives. The information disclosed may include End-user’s name, user ID (if applicable), contact information, and content of communications made between Data Subjects while at least one Data Subject is wearing our smart badges or using our services.

For more information on how our Clients may process and use the information disclosed, please consult the corresponding Client’s internal policies to understand how your information may be used.

2. With Third-party Service Providers

We may engage selected third-party service providers to support our services. These service providers may only use the data as determined in our agreements with them. Additionally, our clients may direct us to give third parties access to Data Subjects’ information and account – for example, via third party CRM platforms. Such third party’s use of personal information will be governed by their privacy policies and terms and we are not responsible for their acts or omissions.  

3. To Comply with Regulations

We may share Data Subjects’ personal information in certain circumstances, including:

• • To law enforcement authorities, government or public agencies or officials, regulators, and/or any other person or entity with appropriate legal authority or justification for receipt of such information, if required or permitted to do so by law or legal process;
  • When we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity;
  • When the information is required for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, or for the enforcement of civil law claims.

4. Business Purposes

We may share Data Subjects’ information with our subsidiaries and affiliates for business support, marketing, or other specified purposes that are communicated to you at the time.

5. Transfers

If the ownership of all or substantially all of our company’s business, or individual business units or assets owned by our company that is related to the Services, were to change, or a bankruptcy or other change were to occur, personal information may be transferred to the new owner or may be shared during such transaction (such as during due diligence) even if such transaction is not completed. In any such transfer of information, the personal information will remain subject to this Privacy Policy unless and until changed according to the terms herein.

Security and Data Retention and Security

We have implemented measures dedicated to keep your information secure and will continue to work on features to keep your information safe. While we strive to employ commercially reasonable means to safeguard personal information, it is essential to acknowledge that no internet transmission or electronic storage method is entirely secure. We cannot guarantee absolute security. If you access our services via a third-party platform you should also protect your account with secure account credentials and prevent unauthorized access to your account and personal information.

Subject to the rights of users set forth in this policy, we’ll retain information for as long as we need it to provide you the Services or to comply with applicable law. When we no longer require your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. If we anonymize your personal information (so that it can no longer be associated with you), we may use this information indefinitely without further notice to you.

Notice for Data Subjects Residing in California

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes Data Subjects’ CCPA rights. To exercise any of these rights or to appeal a decision regarding a consumer rights request, please contact market@speaklyai.com.

1. Access to Specific Information and Data Portability Rights

Data Subjects have the right to request that the Company disclose certain information to you about our collection and use of Data Subjects’ personal information over the past 12 months. Once we receive and confirm a verifiable Data Subject request, we will disclose to Data Subjects:

• • The categories of personal information we collected about Data Subjects.
  • The categories of sources for the personal information we collected about Data Subjects.
  • Our business or commercial purpose for collecting or sharing that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about Data Subjects (also called a data portability request).
  • If we disclose Data Subjects’ personal information for a business purpose, we will identify the personal information categories that each category of recipient obtained.

2. Deletion Request Rights

Data Subjects have the right to request the deletion any of Data Subjects’ personal information that we collected from Data Subjects and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) Data Subjects’ personal information from our records, unless an exception applies.

3. Personal Information Sales Opt-Out Rights

We do not knowingly sell Data Subjects’ personal information, yet our use of tracking technologies may be considered a “sale”/ “sharing” under California law. Email us or click on the link on our webpage opt-out of sale on this website. 

4. Limit the Use of Sensitive Personal Data Rights

We do not knowingly collect or use any sensitive personal data. For any inquiries, please contact us at market@speaklyai.com

5. Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• • Deny you goods or services.
  • Charge you different prices or rates for like-goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you with a different level or quality of like-goods or services.
  • Suggest that you may receive a different price or rate for like-goods or services or a different level or quality of like-goods or services.

6. Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our websites, other products, services and platforms that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights. To exercise any of these rights, email us at support@market.com.

Children’s Data Protection

Our services are not intended for children under 16 years of age and we do not have reasonable grounds to believe that any of our Data Subjects are children. We do not knowingly collect personal information from children under 13. If we learn that we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at market@speaklyai.com.

International Transfer of Data

Data Subjects’ information may be processed where we have facilities or where we have service providers, including mainland China. The data protection rules in these countries may be different from those in the country where End-users reside. For further inquiries regarding data transfer, please contact us at market@speaklyai.com.

Updates to the Privacy Policy

We may modify or update this Privacy Policy from time to time to reflect the changes in our business and practices, and so you should review this page periodically. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account or through a notice on the Website home page.  The date the privacy policy was last revised is identified at the top of the page.

Contact Us

If you have any questions or comments about this Privacy Policy or our privacy practice, please contact us at support@speaklyai.com.