Privacy Policy

1.         Introduction

We at [TempoTalk, LLC] (“we,” “us,” or “our”) respect your and your child’s privacy and are committed to protecting both through our compliance with this Policy.  This Policy describes the types of information we may collect in connection with our TempoTalk Mobile Application (the “App”), and our practices for collecting, using, maintaining, protecting and disclosing that information. 

The App is intended for use by parents or legal guardians to assist in teaching speech and language to their children with autism spectrum disorder or other similar developmental disabilities.   In this Policy “you” and “your” refer to the parent or legal guardian who is the primary account holder on the App.  Any children with which you may choose to use the App are referred to as “your child.”

This Policy applies to any information we collect through our App, including any information in any e-mails, posts, texts and other electronic messages between you and/or your child on the one hand and our App on the other hand, and information collected when you contact our customer help desk or support services personnel.  This Policy does not apply to any other information we collect by any other means.

Please read this Policy carefully to understand our policies and practices regarding your and your child’s information and how we will treat it.  If you do not agree with our policies and practices, you can choose not to use our App.  By accessing or using our App, you agree to this Policy. 

This Policy may change from time to time.  When we make changes to this Policy, we will post the updated Policy on our App and update the Policy’s “last modified” date.  We will also provide notice of any material changes as explained in the section below titled “Changes to Our Privacy Policy.”  Your continued use of our App after we make changes is deemed to be acceptance of those changes.

2.         Information Collected and How It Is Collected

Personal Information We Collect About You

We may collect several types of information from and about users of our App.  This information may include information by which users may be personally identified or other information about a user to the extent maintained in personally-identifiable form (collectively “Personal Information”).  Specifically, we (or our third party service providers acting on our behalf) may collect the following from you:

• Your name.
• A screen name or user name you choose to adopt.
• Your e-mail address.
• Your mailing or physical address.
• Images or photos of yourself that you may choose to upload to the App as part of creating your profile.
• Transactional data, such as your subscription settings and payment history in relation our App.
• The Mobile Device ID of the device on which you are using the App.
• Payment information such as your credit card number, debit card number, expiration dates and security codes, and other similar or related account and authentication data necessary to process payment transactions relating to our App (“Payment Information”), such as providing for payment of any subscription fees for use of the App. 

Please note: either Apple (if you have purchased the App on an Apple device) or Google (if you have purchased the App on an Android device) will securely process all payment transactions relating to our App.  Apple or Google (as applicable) will collect your Payment Information directly from you through the Apple App Store or Google Play Store and process this information on our behalf without sharing this information with us.  We do not at any time directly store or have access to any of your Payment Information.

Personal Information We Collect About Your Child

We may collect the following Personal Information from your child:

• Your child’s name.
• Your child’s screen name or user name that you or your child choose to adopt.
• Images or photos of the child that you may choose to upload to the App as part of creating your child’s profile.
• Audio files with your child’s voice, recorded as you child completes exercises on the App.
• Your child’s date of birth.
• The Mobile Device ID of the device on which your child is using the App.
• Responses you provide to the initial assessment questions regarding your child’s speech and language comprehension skills when you first begin using the App with your child (used to tailor and suggest curriculum content in the App for your child).
• Reports, information and records on your child’s performance and progress on the curriculum and exercises in the App. 
• The fact that the child is associated with your Personal Information (e.g., your e-mail address or mailing / physical address) described above.

How We Collect Information

With the exception of your Technical Information (which we collect automatically as you and your child navigate through or interact with our App, as described below in the section titled “Traffic, Usage and Device Information”), we primarily collect Personal Information directly from you or your child when you or your child provide it or submit it to us directly, such as in connection with registering an account on the App, completing curriculum or exercises on the App, contacting us for customer service inquiries or reporting a problem with our App, or otherwise contacting us about our App or our products and services.

Traffic, Usage and Device Information

Additionally, as you navigate through and interact with our App, we or our third party service providers may automatically collect certain traffic data, usage information, and information about your mobile device, such as your operating system, your wireless carrier, configuration data, clickstream analytics and your actions and patterns when you use our App (“Technical Information”).  The technologies we use for this automatic data collection may include cookies that are stored on your mobile device, small embedded electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) and other types of embedded code.  We collect this information to manage our content, curriculum and exercises and improve users’ use of our App; count and review the number of users of our App and their usage patterns; to track key performance indicators such as pages, curriculum or exercises accessed, frequency of access, and other statistical information related to our App (for example, recording the popularity of certain content and verifying system and server integrity); to identify the portion of users who accesses our App via different types of mobile devices; to recognize if a user is a return user of our App; to store information about a user’s visits; to remember a user’s preferences; and for similar purposes in connection with monitoring, operating, maintaining and improving our App.

3.         How We Use Your Information

Generally

We (or our third party service providers) may use the information collected about you or your child or that you or your child provide, including Personal Information, to:

• Provide our App and related customer support services to you.
• Provide you with information you request from us.
• Personalize your App experience, including by suggesting or directing you to relevant curriculum or exercises for your child.
• Process your purchases and payments relating to the App, including by transmitting certain of your Personal Information (including Payment Information) to the third party payment processor that we use for securely processing payment transactions, and to prevent transactional fraud.
• Create, maintain, customize, and secure your account with us.
• Authenticate or otherwise verify your identity in connection with your requests and payments relating to the App.
• Provide you with support and to respond to your inquiries and customer service and support requests, including to investigate and address your concerns and to monitor and improve our responses.
• Provide you with informational and promotional content and materials regarding the App.
• Provide you with informational and promotional content and materials regarding the products and services of affiliates or other third parties with whom we have partnered that we believe may be of interest to you.
• Help maintain the safety, security, and integrity of our App, databases and other technology assets and our business.
• Update and maintain customer, subscription or e-mail lists.
• Notify you about changes to our App.
• With respect to Technical Information, fulfill the purposes described in the section above titled “Traffic, Usage and Computer/Device Information.”
• Respond to lawful requests for information through court orders, subpoenas, warrants and other legal processes or obligations.
• Enforce any contracts between you and us, including for billing and collection, or for the establishment, exercise or defense of legal claims.
• Evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us is among the assets transferred.
• Fulfill any other purpose for which you provide the information.
• Serve any other purpose that we describe when you provide the information and for any other purpose with your consent.

Use of Personal Information for Marketing Purposes

We may use your Personal Information to provide you with marketing and promotional information about our App or the products or services of affiliates or third parties with whom we have partnered that we believe may be of interest to you.  If you do not want us to use your information in this way, see the section below titled “Your Rights and Choices” for more information about how to opt out of such use. 

Aggregated or De-Identified Data

We may convert or combine some Personal Information of users into de-identified or aggregated data that does not disclose any of the Personal Information of any individual user.  We may use and disclose to third parties any such de-identified or aggregated data (including traffic and usage data that does not identify you personally) for any lawful purpose.

Tracking and “DO NOT TRACK”

Tracking involves the use of cookies, web beacons, or other embedded code or tracking technologies to collect, analyze and store information on a user’s behavior over time on multiple sites, including information on the sites visited, products viewed, products purchased and other online interactions.  Tracking information can be used to enable companies to make interest-based (behavioral) advertising available to users on multiple sites that they visit.

We do not currently collect Personal Information about your or your child’s online activities over time and across third-party sites for tracking purposes.  We do not currently allow third parties to collect Personal Information through or using our App that could be used by them to analyze and store information about your or your child’s online activities over time and across third-party sites for tracking purposes.  Therefore, our App does not respond to any “do not track” signals sent by your mobile device, and if your mobile device sends a “do not track” signal to our App, our App will not treat you differently from users who do not send such signals.

4.         Disclosure of Your Information

Generally

We may share your or your child’s Personal Information with third parties in the following circumstances, which in each case are inherent in the operation and maintenance of our App and our business:

• We may disclose Personal Information to any contractors and other service providers who need to know such information to provide services to us that support our hosting, maintenance, operation and promotion of our App and our permitted uses of Personal Information under this Policy.  For example, we may use a third party cloud-hosting infrastructure service provider (e.g., Amazon Web Services, Google Cloud or Microsoft Azure) to store certain of your Personal Information securely.

• We may disclose Personal Information to a buyer or other successor to our business in the event of a sale of equity or assets, reorganization, merger or a similar corporate transaction, and any due diligence review with respect to any such proposed transaction.

• We may disclose Personal Information to comply with any court order, law or legal process, including to meet national security and law enforcement requirements and to respond to any government or regulatory request or audit.

• We may disclose Personal Information to enforce or apply any legal agreements between us and you, or if we believe disclosure is necessary or appropriate to protect the rights, property or safety of our customers or others.

• We may also disclose your Personal Information for any purpose disclosed when the information is provided, and for any other purpose with your consent.

The App does not currently enable your child to make any Personal Information publicly available.

5.         Your Rights and Choices

Generally

You have certain choices regarding the Personal Information collected from or about you or your child.  You can set your browser to refuse all or some browser cookies.  If you choose not to accept cookies, you may be unable to access certain parts or pages of our App, or certain parts or features of our App may not function properly.  To learn more about cookies and how to disallow or manage them, go to www.allaboutcookies.org/.

If you do not wish to have your Personal Information used by us to contact you for marketing purposes, you can opt out bysending us an e-mail with your request to info@tempotalk.com or by clicking on the “Unsubscribe” or similar link in the most recent e-mail you received from us and by following the prompts that appear.  This opt-out does not apply to information provided as a result of a subscription purchase, customer service or support service inquiry or other informational or transactional communications (e.g., an order confirmation or response to a specific inquiry or request you have made to us).

Accessing or Deleting Your Child’s Personal Information

With respect to the Personal Information about your child that we or our service providers have collected, you have the right to:

• Request a description of the specific types or categories of Personal Information collected from your child.
• Review any Personal Information collected from your child, so long as you are able to provide reasonable assurance to us that such request is being made by the parent or legal guardian of the child.
• Refuse to permit the further use or further online collection of Personal Information from your child.
• Direct us to delete your child’s Personal Information.

You may submit a request to exercise these rights relating to your child’s Personal Information by e-mailing us at info@tempotalk.com.  Please indicate in the subject line of your e-mail message that you are making a “COPPA Parental Rights Request” to assist us in promptly responding to your request. 

Given that our access to and use of certain Personal Information is essential to the proper functioning of the App, in certain cases we cannot cease the further use or collection of your child’s Personal information or delete your child’s Personal Information without also proceeding to delete the child’s progress within the App’s curriculum, delete certain personalized settings, delete the child’s account and/or delete your user account and terminate your access to the App. We will use reasonable endeavors to notify you at the time you indicate your refusal of the further use or collection of your child’s Personal Information or request a deletion of your child’s Personal Information whether such refusal or deletion will result in the above-described consequences.

Accessing or Deleting Your Own Personal Information

You can review, change and request the deletion of certain portions of your own Personal Information by logging into the App and visiting your account profile page.  You may also send us an e-mail at info@tempotalk.com to request access to your Personal Information or to correct or delete that Personal Information.  We will evaluate such requests on a case-by-case basis. 

In certain cases we cannot delete your Personal Information.  For example, we cannot continue to maintain your account and/or your subscriptions without retaining certain portions of your Personal Information, so a request to delete certain forms of Personal Information may require the deletion of your account and cessation of services to you.  We will use reasonable endeavors to notify you at the time you request deletion of your Personal Information whether such deletion will result in our termination of your account.  We also may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

As noted above, we do not store or otherwise handle your Payment Information—Apple or Google collect and process your Payment Information on our behalf (such as to process your payment of subscription fees to use the App) through the Apple App Store or Google Play Store.  To review or make changes to your Payment Information, you will need to access this information through your Apple or Google account (as applicable). Instructions for changing, adding or removing your Apple ID payment methods can be found here.  Instructions changing, adding or removing payment methods for Google Play purchases can be found here .

California “Shine The Light” Disclosure

The California Civil Code permits California residents with whom we have an established business relationship to request that we provide a list of certain categories of Personal Information that we have disclosed to third parties for their direct marketing purposes during the preceding year.  To make such a request, please send an email to info@tempotalk.com.  Please mention that you are making a “California Shine the Light” inquiry to assist us in promptly responding to your inquiry.  However, please know that we do not currently disclose Personal Information to third parties for their direct marketing purposes.

Nevada Residents: Sale Opt-Out Rights

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: info@tempotalk.com.  Please mention that you are making a “Nevada Sale Opt-Out Right” request to assist us in promptly responding to your request.  However, please know we do not currently sell data triggering that statute’s opt-out requirements.

6.         Users Outside of the United States

Our App is hosted in the United States and is provided from the United States.  The App is not intended to be used by individuals located outside of the United States at this time, and such use is prohibited by our TempoTalk Mobile Application End User License Agreement.  If you are a resident of any country other than the United States, please note that by providing your or your child’s Personal Information to us, you are consenting to the transfer of this Personal Information to the United States (where the laws pertaining to collection, use, maintenance, protection and disclosure of Personal Information may differ from the laws of your jurisdiction) and you are consenting to our use and disclosure of your Personal Information in accordance with this Policy.

7.         Third-Party Websites

Our App may include links to blogs, social media and third-party websites.  These third-party sites have their own privacy policies and terms of use and are not controlled by this Policy. You should carefully review any terms, conditions and policies of such third-party sites before visiting them or supplying them with any Personal Information.  If you follow a link on our App to any third-party site, any information you provide to that site will be governed by its own terms of use and privacy policy and not this Policy.

We are not responsible for the privacy or security of any information you provide to a third-party website or the information practices used by any third-party site, including links to any third-party site from our App.  We make no representations, express or implied, concerning the accuracy, privacy, safety, security, or the information practices of any third-party site.  The inclusion of a link to a third-party site on our App does not constitute any type of endorsement of the linked site by us.  We are not responsible for any loss or damage you may sustain resulting from your use of any third-party website or any information you share with a third-party website.

8.         Data Security

We have implemented measures designed to secure your and your child’s Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure.

The safety and security of your information also depends on you.  When we have given you (or when you have chosen) a password for access to certain parts of our App, you are responsible for keeping that password confidential.  We ask you not to share your password with anyone.  Unfortunately, the transmission of information over the Internet is not completely secure.  Although we have implemented security measures that we think are adequate, we cannot guarantee the security of your and your child’s Personal Information transmitted to or using our App.  Subject to our obligations under applicable law, any transmission of Personal Information is at your own risk and we are not responsible for the circumvention of any privacy settings or security measures contained on our App.

9.         Changes to Our Privacy Policy

We post any changes we make to our Policy on this page.  If we make material changes to how we collect and use Personal Information, we will notify you by e-mail to the primary e-mail address specified in your account and through a notice on the App home page. 

The date this Policy was last revised is identified at the top of the page.  You are responsible for ensuring we have an up-to-date, active and deliverable e-mail address for you, and for periodically visiting our App and this Policy to check for any changes.

10.       Contact Information

We are TempoTalk, LLC, a Florida limited liability company with headquarters in Orlando, Florida.  To ask questions or to submit comments about this Policy and our privacy practices, you may contact us:

• Via E-mail: [info@tempotalk.com]
• Via Postal Mail: [1414 Kuhl Ave., MP 189, Orlando, FL 32806]