PRIVACY POLICY

Introduction

This Privacy Policy sets forth the privacy practices of DesignTalks, LLC and affiliates and subsidiaries (collectively, "DesignTalks") with respect to all DesignTalks information, data, graphics, content, software applications (including, without limitation, mobile software and applications) (collectively, the “Application”); the DesignTalks website, located at www.getDesignTalks.com, (the “Website”); and other DesignTalks products or services provided or otherwise made accessible on or through the Software or the Website. Collectively, the Application, the Website, and any other DesignTalks services are hereinafter referred to as the “Service”.

In this Privacy Policy, “we”, “us”, “our” and other similar references mean DesignTalks and “you” and “your” and other similar references mean any particular user of the Service. This Privacy Policy describes how DesignTalks uses personal information of users collected through our Service (“Personal Information”).

This policy applies (i) immediately to users who utilize the Service on or after the Effective Date and (ii) on the Effective Date to users who utilize the Service before the Effective Date.

This Privacy Policy is part of DesignTalks’ Terms of Service and covers the treatment of user information, including personally identifying information, obtained by DesignTalks, including information obtained when you access the DesignTalks’ Site, use the DesignTalks Service or any other software provided by DesignTalks. This Privacy Policy does not apply to the practices of companies that DesignTalks does not own or control, or to individuals whom DesignTalks does not employ or manage, including any of the third parties to which DesignTalks may disclose user information as set forth in this Privacy Policy.

Any person who does not agree to be bound by this Privacy Policy should not utilize the Service. Each capitalized term not otherwise defined herein shall have the meaning set forth in Section 2.

Please contact us if you have any questions or comments about our privacy practices or this Privacy Policy. You can reach us online at Hello@getDesignTalks.com.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND TO ALL THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND OUR TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE EXIT, AND DO NOT ACCESS OR USE, THE SERVICE.

Definitions

a) “Contact Information” means (i) your name, (ii) your email address and (iii) your telephone number (if applicable).

b) “Effective Date” means the date set forth at the beginning of this document.

c) “DesignTalks Affiliates” means any parent, subsidiary, member, officer, director, employee, or agent of DesignTalks or any company under common control with DesignTalks.

d) “Privacy Policy” means the set of policies set forth in this document.

e) “User Account” means an account permitting access to the Service, with which is associated a user name and password.

f) “User Account Information” means information that identifies you to the Service, including your user name, password, Internet protocol address, and MAC address.

g) “User Content” means images, text comments, audio messages and other materials that you post to the Service.

Types of Personal Information We Collect

DesignTalksApp collects the following types of Personal Information through the Service:

a) Contact Information;

b) User Account Information; and

c) User Content.

Mechanisms for Collection of Personal Information

DesignTalks may obtain certain information from or concerning you or your mobile device, which may include information that can be used to identify you. DesignTalks collects Personal Information (i) upon a user’s creation of a User Account, (ii) upon logging into the Service, (iii) upon interactions with the Service, and (iv) upon uploading User Content to, or generating User Content on, the Service, and (v) when you communicate with DesignTalks through the Service.

When choosing to participate in various uses of the Service, such as registering as a user, or inviting your contacts to use the Service: You provide certain Personal Information, such as your email addresses, your contacts, push notification name (if applicable), and mobile device information to DesignTalks. In order to provide the Service, DesignTalks will access your address book or contact list, photo library, camera, mircophone and/or other apps on your mobile device. When you use the Service, our servers log certain general information that our application sends whenever a message is sent or received, including time and date stamps and the email address(es) the messages were sent from and to.

When you access our Website, we may place small data files on your device known as “cookies”. We use cookies to recognize you as a user of the Service. Cookies may remain on your device until you erase them or they expire. You are free to decline our cookies if your browser or browser add-on permits, but doing so may interfere with your use of the Service. You should refer to the help sections of your browser, browser extensions, or installed applications for instructions on blocking, deleting, or disabling cookies.

Purpose of Collection and Use of Personal Information

DesignTalksApp uses Personal Information to:

operate and improve the Service;

target offers to users;

administer the Service’s facilities for communications among and between users and the public in general;

evaluate eligibility of customers for certain offers, products or services;

evaluate the types of offers, products or services that may be of interest to users;

provide user support;

communicate with users regarding support, security, technical issues, commerce, marketing, and transactions;

facilitate marketing, advertising, surveys, contests, sweepstakes and promotions administer the Service with respect to User Accounts; and

administer and carry out our obligations under contracts and to comply with the law.

Disclosure of Personal Information

We may disclose your Personal Information to:

DesignTalks Affiliates, which may use the Personal Information for the purposes described in Section 5; service providers which act for us or provide services for us, such as for marketing or for data analyzing, and as to such service providers their use of Personal Information is subject to our agreements with them and any applicable laws;

vendors in connection with the investigation of possible fraud, or as part of legal proceedings affecting DesignTalks or the vendor;

any person or government agency in response to a subpoena;

to a government agency in response to an investigation, regardless of whether or not a subpoena has been issued;

any person to enforce our rights or protect our property;

to protect the rights, property or safety of others, investigate fraud; and

DesignTalks’ employees and outside professionals (such as lawyers and accountants) for the purpose of auditing, compliance, and corporate governance.

Storage and Security

We believe the security of your information is a serious issue and we are committed to protecting the information we receive from you. We use commercially reasonable security measures to protect against the loss, misuse and alteration of your information under our control. Notwithstanding such measures, please be aware that no security measures are perfect or impenetrable, and we cannot guarantee the security of any information transmitted to or from the Service. We also are not responsible for the actions of any third parties that may receive any such information.

We may transfer your information to, or maintain it on, computers located outside of your state or country, in a location having laws that are less protective of your privacy. If you are located outside the United States and choose to provide information to us, be advised that DesignTalks is located in the United States and processes your information in the United States. By using the Service under this Privacy Policy and the Terms of Service, you consent to the transfer of your information to the United States. We will retain Personal Information only as long as our business needs require. We will then destroy or render unreadable any such information upon disposal.

Email Policies

YDesignTalks reserves the right to send you emails relating to your account and to the Service. You cannot opt-out of receiving such emails, and you agree to receive them.

No Responsibility for Privacy Practices of Third Parties

This Privacy Policy applies only to the Service. It does not apply to sites or applications that have linked or are redirected to or from the Service (“Third Parties”), regardless of whether or not such link or redirection is authorized by DesignTalks. Third Parties may have their own policies regarding privacy, or no policy at all. DesignTalksApp is not responsible for Third Parties and you use them at your own risk.

Accessing and Correcting Personal Information

You may correct or update certain of your Personal Information via your “Account” on the DesignTalks App.

You may close an account, but DesignTalks will nevertheless retain your Personal Information so as to protect the business interests of DesignTalks, DesignTalks Affiliates, vendors and other users. Those interests include complying with our legal obligations, resolving disputes, and enforcing agreements.

In the Event of Merger, Sale, or Bankruptcy

In the event that DesignTalks is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

Notice to Residents of Countries outside the United States of America

DesignTalks is headquartered in the United States of America. Personal Information may be accessed by us or transferred to us in the United States or to DesignTalks Affiliates, business partners, vendors, or service providers elsewhere in the world. By providing us with Personal Information, you consent to this transfer. DesignTalks will adhere to its Privacy Policy, regardless of where the Personal Information is processed or stored.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of Personal Information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the proceeding calendar year. In particular, the law provides that companies must inform consumers about the categories of Personal Information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by DesignTalks pursuant to Section 1798.83 of the California Civil Code, please contact us via email to Hello@getDesignTalks.com.

Changes to the Privacy Policy

DesignTalks reserves the right to change this Privacy Policy. Such changes may be announced to you either by email or by the posting of the revised policy on the Service. You are responsible for reviewing both your own email and the Service to determine what is the then-current Privacy Policy. Your continued use of the Service constitutes your agreement to this Privacy Policy and any amendments.