BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THE TERMS OF USE – READ THEM CAREFULLY

  1. Introduction. These Terms of Use are entered into between you and HWC TECHNOLOGIES, LLC (“HWC,” “we,” or “us”), a Florida Limited Liability Company with offices located at 3400 SW 27TH AVE UNIT 1604, MIAMI, FL 33133.
  2. The Privacy Policy describes the types of Personal Information that Speaky may collect when you interact with or use the Speaky website and however else you may interact with us (collectively, the “Service(s)”), no matter the platform or device that you used. The Privacy Policy describes all Personal Information collected, used, transmitted, disclosed, stored, or maintained by us.
  3. This Privacy Policy applies to information that Speaky collects:
    1. On the Speaky Website;
    2. Through email, text, and other electronic messages between you and Speaky;
    3. Through mobile and desktop applications you download from the Speaky Website, which provide dedicated non-browser based interaction between you and the Speaky website;
    4. When you interact with Speaky advertising and applications on third party websites and services; and
    5. Any other source(s).
  4. This Privacy Policy does not apply to information collected by:
    1. Any third party, including through any application or content that may link to or be accessible from or through the Speaky website; or
    2. Speaky offline, or through any other means, including any other website operated by HWC or any third party, including our affiliates and subsidiaries.
  5. Please read this policy carefully to understand our policies and practices regarding your information and how Speaky will treat it. If you do not agree with our policies and practices, your choice is not to use or access the Speaky website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of the Speaky website after changes are made is deemed to be acceptance of those changes, so please check the policy periodically for updates.
  6. Speaky is not intended for children under 18 years of age. No individual under 18 may provide any personal information to or on the Speaky website. Speaky does not knowingly collect personal information from children under 18 years of age. If you are under 18, you may not use nor provide any information on the Speaky website or through any of its features. If you believe that Speaky may have collected or received personal information from a child under 18 years old, please email us at [email protected] and clearly specify the reason in the subject line.
  7. Information that Speaky collects and uses.
    1. Information You Give to us. Speaky may collect and store personal information provided by all Users, including:
      1. Personal Identifiers/Information and Personal Data. Speaky receives Personal Identifiers provided by you (i.e., your name, email, mailing address, telephone number, country of residence, etc.) and may use them to respond to and complete User requests, communicate with Users, marketing purposes, and other purpose(s) identified herein. Speaky may also create internal and confidential reference codes to identify specific users in its electronic systems.
      2. Communications. Speaky collects the information and content submitted by Users (including information transmitted that is related to Speaker/User Transaction(s)).
  • Financial Information. Speaky received financial information (i.e., payment card or bank information), and other related information to process and issue payments.
  1. Speaky Referral Information. Users that participate in Speaky’s referral program may be required to provide contact information for themselves and the individual(s) that they are referring to.
  2. Audio and Visual Information. Speaky receives digital photos shared through its Services. Speaky may also record customer service telephone calls for quality assurance purposes and to meet regulatory requirements. Speaky may also record and store communications between Users and Speakers.
  3. Device Information. Speaky may collect specific information regarding the device you use to access Speaky (i.e., hardware, unique device identifier, mobile network information, operating system version, and phone number).
  • Location Information. Speaky may collect and use real-time geolocation information.
  • IP Address. Speaky may collect and store your IP address (numbers associated with the device/local network that you use to access the internet.
  1. Anonymous and/or Aggregated Information. Speaky may strip information of personal identifiers and/or aggregate data that it receives and may use and disclose such information for any business purpose.
  2. Browsing Information. Speaky may collect and store the URL that referred each user to the Speaky website, the portion(s) of the website that you access, the time you access the site, and how long you access the site.
  3. Automatic Collection of Information from Cookies and Other Technology (i.e., cookies, mobile identifiers, and web beacons, etc.). Speaky and its partners and/or other third parties may use various technologies to collect and store information when you visit the Speaky website and/or utilize the Speaky services.
    1. Speaky may also use these technologies to collect information about your online activities over time and across third party websites or other online services.
    2. Some content or applications, including advertisements, on the Speaky website are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
    3. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
      1. Cookies are small files stored on your computer when you visit a website. When you revisit the website, the cookie acts as an identifier for the site to recognize your browser. You can reset your browser settings to refuse all cookies. Please note that some website features/services may not function properly without cookies.
      2. Web Beacons. Web Beacons are web programming code that may be included on the Speaky website and emails. Web Beacons, or similar technology, may be used for several purposes, including but not limited to keep count of Speaky website visitors, monitor how users navigate Speaky services, to improve effectiveness of cookies, and to analyze how Speaky emails, articles, and links are opened, viewed, and/or used.
      3. Mobile Identifiers. Speaky may use software development kits (“SDKs”) that utilize mobile advertising identifiers that function similar to cookies on mobile devices. You may reset your SDKs in the settings of your particular mobile device.
      4. Inferences from the Information Above. Speaky may draw inferences from the information listed herein about User preferences to assist Speaky in providing you with personalized content and offers that are intended to develop and provide better products/services.
    4. Information from Third Parties.
      1. Social Networks and Publicly Available Data.
      2. Information Collected from Marketing Partners and Data Providers.
      3. Information Collected from Affiliates.
  1. User Responsibility to Inform Speaky of Changes. It is imperative that the personal information Speaky has on file is accurate and current. If any personal data of yours changes at any point during your use of the Speaky website and any of its services, please keep Speaky informed of such changes. You may update or correct your personal information through your account settings on the Speaky website.
  2. How Speaky uses your information:
    1. To present the Speaky website and its content to you;
    2. To provide Users with information, products, or services;
    3. To fulfill any other purpose for which you provide said information;
    4. To provide Users with notice regarding their account;
    5. To carry out Speaky’s obligations to enforce all rights arising from any contract(s) entered into between Speaky and User(s), including but not limited to billing and collection;
    6. To notify Speaky Users of changes to the Speaky website or any products/services offered therein;
    7. To allow Users to participate in interactive features on the Speaky website;
    8. In any way we may describe following your disclosure of said information;
    9. For any other purpose with your consent; and
    10. Any other purpose(s) as required for business operations.
  3. Disclosure of User Information. Speaky may disclose aggregate information about its Users that does not identify any individual without restriction.
    1. Speaky may disclose Personal Identifiers/Information that it collects or Users provide as described in this Privacy Policy:
      1. To Speaky subsidiaries, affiliates, joint venture partner(s), and other entities under common control;
      2. To contractors, service providers, and other third parties Speaky uses to support its business;
      3. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or any other sale or transfer of some or all of HWC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceedings, in which personal information held by HWC about its Users is among the assets transferred;
  1. To third parties to market their products or services if you have not opted out of these specific disclosures. Third parties are required to keep personal information confidential and use it only for the purpose(s) for which Speaky disclosed said information to them;
  2. To fulfill the purpose for which you provided the information;
  3. For any purpose(s) disclosed to you when you provide the information;
  • With your consent;
  • To comply with any court order, law, or legal process;
  1. To enforce or apply our Terms of Service and any other agreements referenced and/or incorporated therein, including for billing and collection purposes; and
  2. If Speaky reasonably believes that disclosure is necessary to protect the rights, property, or safety of Speaky, its customers, or others, including for the purposes of fraud protection.
  1. Please refer to Section 7 of this Privacy Policy to review the categories of personal information that Speaky may disclose.
  1. Onboarding Process. Speaky has procedures in place intended to ensure that all Users and Speakers on the Speaky website: (1) are at least 18 years of age; and (2) verify their identity.
    1. Before creating a Speaker account, Speaky will:
      1. Require that you provide Personal Information as identified herein.
      2. Check your country of residence to ensure lawful access to the Speaky website and its services.
      3. Request Financial Information as identified herein.
      4. Require that all Speakers pass a Know Your Customer (“KYC”) check administered by a third party to be eligible to receive compensation from Speaky.
  1. Your Rights Regarding Personal Information. Under certain circumstances and subject to applicable exemptions, you have the right to:
    1. Withdraw your consent to the processing of your personal data.
    2. Request the correction of your personal information that Speaky holds.
    3. Request deletion and/or erasure of your personal information. If there is no legitimate reason for Speaky to continue to process your personal data, then you may request that Speaky delete your personal information, in writing. Keep in mind that Speaky may not always be able to erase personal information for specific legal reasons.
      1. All requests must include sufficient information to allow Speaky to properly identify you and evaluate your request.
      2. If your request is made by a third-party on your behalf, Speaky will require a signed document showing that the third-party is authorized to submit the request on your behalf.
  • California Residents must submit their first and last name and email address. Additional information such as telephone number or address may also be requested for verification purposes. Please provide as much information as possible to help Speaky verify your request. Speaky will only use such information for the purposes of responding and verifying said request.
  1. California law permits California residents to use an authorized agent to make privacy requests. Such an agent is required to provide proof of the California resident’s written permission that shows the agent has the authority to submit request(s) on behalf of the resident. The authorized agent may be required to verify his/her own identity as well.
  1. Modify and delete your personal data. Users may update their account settings on the Speaky website. Please note that some personal information is required to utilize Speaky services and properly access the Speaky website. Furthermore, changes to account settings may require a reasonable time to take effect.
  2. Email notification opt-out. Users may opt-out of receiving certain types of email communications from Speaky by changing your notification preferences on the Speaky website. You may also email Speaky directly – please include “Email notification opt-out” in the subject line and include your name and the email address associated with your Speaky account.
    1. Please note that Users may not opt-out of certain automated email notifications necessary to provide Speaky services that are otherwise required in accordance with applicable law and regulations (i.e., changes/updates to Speaky features, technical and security notices, account verification, etc.)
  3. Opting Out. Speaky offers its Users choices regarding the use, collection, and sharing of your personal Information. Upon written email request, Speaky will inform you about whether we hold any of your Personal Information.
    1. Account Information. Speaky users may verify, correct, update, or delete any personal information provided to us in connection with the user’s Speaky account by editing their account information through their account settings on the Speaky website. Please note that Speaky may be required by law to keep certain information and will comply with any deletion request once those requirements have been met.
    2. Tracking technologies and advertising. Users may set their browser settings to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable cookies, please note that some parts of this site may be inaccessible or function improperly.
  4. Please note that Speaky does not control third parties’ collection or use of your information to serve interest-based advertising. However, third parties may provide you with ways to opt-out of having your information collected or used in a particular manner. You can opt out of receiving targeted ads for members of the Network Advertising Initiative (“NAI”) on the NAI website.
  5. Speaky does not collect sensitive personal information such as medical condition(s), political opinions, religious beliefs, or sexual preference(s).
  1. Retention of Personal Information. Speaky will only retain User Personal Information for as long as reasonably necessary to fulfill the purposes for which it was collected as set forth in this Privacy Policy. Subject to exceptions, Speaky may retain personal information for six months after the deletion or deactivation of your Speaky account.
    1. Speaky may retain your personal information for longer to the extent that Speaky deems necessary – to be determined on a case-by-case basis. For example:
      1. Where necessary to comply with applicable laws and regulations.
      2. To identify illegal activity in order to protect the safety of Speaky users and third parties (e.g. Speaky has reason to believe that a User has violated the Speaky Terms of Use.
  • For legal proceedings involving Speaky and/or its User(s).
  1. To respond to requests from third parties relating to User account(s) (e.g. investigations by law enforcement or governmental authorities.
  1. California Privacy Rights.
    1. Under the California Privacy Act of 2018 (“CCPA”), California residents have the right to request:
      1. the deletion of Personal Information that Speaky has stored;
      2. specific pieces of Personal Information Speaky has; and
  • the deletion of Personal Information within Speaky’s possession.
  1. Relevant categories of Personal Information/Data that Speaky may collect and disclose to third parties or service providers:
    1. Identifiers. Name, address, phone number, email address, passport, or other government identification, account information, and/or other similar identifiers.
    2. Customer Records. Drivers license number, passport number, partial credit card number(s), bank account information, and/or other financial information.
    3. Protected Classification Characteristics. Age, date of birth, and gender.
    4. Commercial Information. About products/services that a User has purchased and/or a User’s use of Speaky services.
    5. Biometric Data. Face-recognition data used only by Speaky’s third-party providers for age and identity verification purposes.
    6. Internet & Network Information. Device information, log, and analytics data.
    7. Sensory Information. Pictures and videos uploaded to the Speaky website.
    8. Professional & Employment Information. Where applicable, your title with the business or organization that you are associated with and information relating to your role.
    9. Other Personal Data. i.e. communication preferences, customer service and communication history, personal data
    10. Inferences. Information generated from your use of the Speaky services.

      3. Speaky may disclose the above categories of personal information for various business purposes, as needed to provide Speaky’s services, and to third parties where you have consented and/or where we are required by law or regulation.

  1. Nevada Privacy Rights. Speaky does not sell consumers’ covered information for monetary consideration (as defined in Chapter 603A of the Nevada Revised Statutes). However, if you are a Nevada resident, you have the right to submit an email request directing us not to sell your Personal Information.
  2. Users Outside of the United States. Speaky is a United States company and its services are provided from the United States. If a User resides outside of the United States, be advised that the information Speaky collects will be transferred and processed in the United States which may have different data protection laws than your country. By using Speaky, its services, or providing us any information, you consent to the collection, processing, maintenance, and transfer of such information in and to the United States and other applicable countries.
  3. Information Protection. Speaky maintains technical, procedural, and physical protections to help protect and mitigate loss, misuse, or unauthorized access and/or destruction of your Personal Information. Any transmission of your Personal Information to Speaky is at your own risk.
  4. Updates. From time to time, Speaky may revise this Privacy Policy. Material revisions to this policy will be announced through the Speaky website. You agree that this form of notice is acceptable and that you will check our online terms and policies frequently. Any changes to this policy will become effective as of the Effective Date on the top of this page.
  5. Additional Terms. This Privacy Policy may be supplemented at any time by additional terms, privacy statements, or notices.
  6. Contact Us. If you have any questions regarding this Privacy Policy, please contact us at [email protected]. In the email subject line, please identify which portion(s) of the Privacy Policy are applicable to your question/request. You can also contact our customer service number at 786-239-7757.