Privacy Policy

    Last updated: January 24th, 2024

    Talivity Group, LLC ("Company", "we", "our", or "us") understands that privacy is important to our users. This Privacy Policy describes our practices regarding the collection, use, sharing, and protection of your personal information for: the website located at https://talivity.com (the "Website"); our technology platform, including the Talivity Community (the "Community") and B2B Marketplace (the "Marketplace"); and any other services provided by us or our affiliates which are not covered by a separate privacy policy (the "Services") (collectively, the "Properties"). This Privacy Policy also tells you about the rights and choices you have with respect to your personal information, how you can assert those rights, and how you can contact us to get answers to your questions.

    Please note that our privacy practices are subject to the applicable laws of the regions in which we operate. Accordingly, some additional region-specific terms will only apply to individuals in those locations, or as required by applicable laws.

    For more information about how users with disabilities can access this Privacy Policy in an alternative format, please contact us at info@talivity.com.

    IMPORTANT CONSENT NOTICE

    BY ACCESSING, USING OUR WEBSITE, OR AFFIRMATIVE ACTIONS (E.G., CHECKING A BOX), YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD OUR PRIVACY POLICY, INCLUDING OUR COLLECTION, USE, SALE, AND SHARING OF YOUR PERSONAL DATA. YOUR USE OF THE WEBSITE INCLUDES THE ACCEPTANCE OF COOKIES AND SIMILAR TECHNOLOGIES THAT ARE NECESSARY FOR ITS PROPER FUNCTIONING, AND YOU GRANT CONSENT FOR THE PROCESSING OF YOUR PERSONAL DATA IN ACCORDANCE WITH THIS POLICY. YOU HAVE THE CHOICE TO MANAGE YOUR COOKIES PREFERENCES AND MAY WITHDRAW YOUR CONSENT AT ANY TIME, BUT PLEASE BE AWARE THAT THIS MAY AFFECT THE AVAILABILITY AND FUNCTIONALITY OF OUR SERVICES. FOR DETAILED INFORMATION ON HOW WE PROCESS YOUR DATA, INCLUDING HOW TO WITHDRAW CONSENT, PLEASE REFER TO OUR COMPREHENSIVE PRIVACY POLICY.

    BY USING OR ACCESSING THE PROPERTIES, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH OUR POLICIES OR PRACTICES, YOU SHOULD NOT USE OR ACCESS THE PROPERTIES OR PROVIDE US WITH ANY PERSONAL INFORMATION.

    Table of Contents

    WHAT OUR PRIVACY POLICY COVERS

    This privacy policy applies to the personal information that we obtain in various contexts, including when you:

    • Access or use our Properties;
    • Engage with us on social media;
    • Participate in any of our programs or events, including sweepstakes, contests, or surveys; or
    • Communicate with us over email or text message, or otherwise via the Properties.

    We may provide different or additional privacy notices in connection with updates to the privacy policy, certain activities, programs, and offerings. Additionally, we may provide additional "just-in-time" notices or notices at collection that may supplement or clarify our privacy practices or provide you with additional choices regarding your personal information.

    PERSONAL INFORMATION WE COLLECT FROM YOU

    We use the term "personal information" – also called "personal data" or "personally identifiable information" in the laws of some jurisdictions – to refer to information that reasonably identifies, relates to, describes, or can be associated with you. Data that has been deidentified or that otherwise cannot reasonably be related back to a specific person is not considered personal information. The precise definition of personal information may vary depending on your place of residence, but we take the same general approach to protecting your privacy, subject to any additional measures that may be required by applicable laws.

    The following are the categories and types of personal information that we may collect from or about you, depending on how you interact with the Properties:

    • Identifiers and contact information, such as your name, email address, phone number, postal address, and login credentials (such as your User ID);
    • Professional or employment-related information, such as your company name, LinkedIn bio, and any personal information you submit to us as part of your application to become a contributor (such as links to your writing samples);
    • Device and online identifiers and related information, including internet protocol (IP) address, mobile ad identifiers, data collected from cookies, beacons, and pixel tags, and similar unique identifiers;
    • Internet or other electronic network activity information, including, but not limited to browsing history, search history, and information regarding your interaction with an internet website, application, mobile app, or advertisement;
    • Geolocation or other information that permits us to determine your location;
    • Voluntary Sharing: Any other personal information that you voluntarily provide us.

    HOW WE COLLECT YOUR PERSONAL INFORMATION

    Personal Information You Provide

    We collect personal information that you provide to us directly. This may include, but is not limited to:

    • Information you provide when you contact us via email, over the Properties, or through other Internet-enabled communications;
    • Information you provide when you register to use our Properties, create a profile or account, or subscribe to one of our Services;
    • Content that you post to or send to other users via the Properties;
    • Your responses to surveys that you choose to complete for us;
    • Information you provide when you enter a contest or other promotion sponsored by us;
    • Your search queries on the Properties;
    • Information you include on your Community directory profile;
    • Information you provide when you create an event, group, or project on the Community;
    • Information you provide when you register for an event;
    • Information you provide when you request information about third-party solution providers on the Marketplace; and
    • Any other information that you provide us on or through the Properties.

    Personal Information We Collect Automatically

    When you visit our Properties, open or click on emails we send you, or interact with our advertisements, we or third parties we work with may automatically collect certain information using technologies such as cookies and other tracking technologies described below.

    Cookies and Similar Technology

    "Cookies" are pieces of information that may be placed on your computer by a website for the purpose of collecting data to facilitate and enhance your communication and interaction with that website. Such data may include, for example, the address of the websites you visited before and after you visited our Properties, the type of browser you are using, your Internet Protocol (IP) address, what pages in the Properties you visited and what links you clicked on, the region where your device is located, and geographic information based on your IP data. We may store some information on your device or device hard drive as a cookie or similar type of file (such as clear gifs, web beacons, tags, and similar technologies that work on mobile devices) to collect data related to usage of the Properties. We may also use cookies to customize your visit to the Properties and for other purposes to make your visit more convenient or to enable us to enhance the Properties and Services.

    Clickstream Data

    As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as "clickstream data," can be collected and stored by a website's server. Clickstream data can tell us the type of computer and browsing software you use and the address of the website from which you linked to the Properties. We may collect and use clickstream data as a form of aggregate information to anonymously determine how much time visitors spend on each page of our Properties, how visitors navigate throughout the Properties, and how we may tailor our web pages to better meet the needs of visitors. This information will be used to improve our Properties and our Services.

    Analytics

    We may work with third-party vendors who use the technologies described in this section to conduct website analytics to help us track and understand how visitors use our Properties and other Services. One such provider is Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses cookies to help analyze how users use the Website. The information generated by these cookies about your use (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on activity for its staff, and providing other services relating to web page activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. You may refuse the use of cookies by selecting the appropriate settings in your browser. By using the Website and accepting cookies, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Please refer to the currently available opt-outs for Google Analytics by visiting https://tools.google.com/dlpage/gaoptout/.

    Social Media Platforms and Third-Party Tools

    If you interact with us on social media or use features, such as plugins, widgets, or other tools made available by social media platforms or other third parties (such as Google, Facebook, LinkedIn, Apple, Eventbrite, Zoom, or Microsoft) in connection with our Properties, we may collect information and personal information that you share with us on social media or that such platforms share with us. For example, if you connect to the Website through a social media account, we will receive and store your profile information and contacts. Please review the privacy policies and settings of the social media platforms and third parties that you use for more information about their privacy practices.

    From Other Sources

    We may obtain information about you from other sources, such as data analytics providers, marketing or advertising vendors, fraud prevention vendors, vendors that provide other services on our behalf, or publicly available sources.

    CALIFORNIA PRIVACY RIGHTS

    Rights to Your Information

    a. Right to Know

    As a California consumer, you have the right to request that we disclose certain information to you about our collection, use, disclosure or sale of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Your Rights, below), and subject to certain limitations that we describe below, we will disclose such information. You have the right to request any or all of the following:

    • The categories of personal information we collected about you.
    • The categories of sources from which the personal information is collected.
    • Our business or commercial purpose for collecting or selling that personal information.
    • The categories of third parties with whom we share that personal information.
    • The specific pieces of personal information we collected about you (see Data Portability Rights below).

    b. Right to Delete

    You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Your Rights, below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. However, we may retain personal information that has been de-identified or aggregated. Furthermore, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) in order to perform certain actions set forth under CCPA, such as detecting security incidents and protecting against fraudulent or illegal activity.

    c. Right to Data Portability

    You have the right to request a copy of personal information we have collected and maintained about you in the past 12 months. The CCPA allows you to request your information from us up to twice during a 12-month period. We will provide our response in a readily usable (and usually electronic) format.

    d. Right to Correct

    You have the right to request the correction of any personal information we maintain about you.

    e. Right to Opt Out of Selling or Sharing Your Personal Information

    Although the CCPA provides you with the right to opt out of the sale or sharing of your personal information, we have not sold or shared your personal information within the past 12 months.

    f. Right to Limit the Use of Your Sensitive Personal Information

    Although the CCPA provides you with the right to limit the use or disclosure of your sensitive personal information ("SPI") if we are using your SPI beyond what is reasonable and proportionate to provide the requested goods or services, we have not collected SPI within the past 12 months and, as of the date of this Privacy Policy, have no plans to do so.

    g. Right to Non-Discrimination

    We will not discriminate against you for exercising any of your CCPA rights, including but not limited to, by:

    • Denying you goods or services.
    • Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
    • Providing you a different level or quality of goods or services.
    • Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

    h. Exercising Your Rights

    To exercise the rights described above, please contact us by using the following methods:

    Emailing us at info@talivity.com.

    After submitting a request, we will take steps to verify your identity in order for us to properly respond and confirm that it is not a fraudulent request. In order to verify your identity, we will ask, at a minimum, that you provide your name, email address, phone number, address, and relationship to us, so that we can seek to match this information with the information existing in our systems. When providing us this information, you represent and affirm that all information provided is true and accurate. If we are unable to verify that the consumer submitting the request is the same individual about whom we have collected personal information, we may contact you for more information, or we may not be able to meet your request.

    Only you, or an agent legally authorized to act on your behalf, may make a verifiable request related to your personal information. If you are making a request as the authorized agent of a California consumer, we will ask you to also submit reliable proof that you have been authorized in writing by the consumer to act on such consumer's behalf.

    We will make every effort to respond to your request within 45 days from when you contacted us. If you have a complex request, the CCPA allows us up to 90 days to respond. We will still contact you within 45 days from when you contacted us to let you know we need more time to respond.

    California "Shine the Light"

    In addition to the above rights, under California Civil Code Section 1798.83 ("Shine the Light"), California residents may have the right to request in writing from businesses with whom they have an established business relationship: (a) a list of the categories of personal information, as defined under Shine the Light, such as name, email address, and mailing address, and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties' direct marketing purposes; and (b) the names and addresses of all such third parties. To request the above information, please contact us by email at info@talivity.com. If you do not want your personal information shared with any third party who may use such information for direct marketing purposes, then you may opt out of such disclosures by sending an email to us at info@talivity.com.

    EUROPEAN PRIVACY RIGHTS

    IF YOU ARE SITUATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, OR THE UNITED KINGDOM, THIS SECTION APPLIES TO OUR COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.

    Legal Basis

    We will only use your personal data, as that term is defined under the General Data Protection Regulation ("GDPR"), when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

    • Where we need to perform the contract we are about to enter into or have entered into with you.
    • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
    • Where you have consented to a certain use of your personal data.
    • Where we need to comply with a legal or regulatory obligation.

    To the extent permitted under applicable laws, we will also process, transfer, disclose, and preserve personal data when we have a good faith belief that doing so is necessary.

    Data Controller

    Talivity Group, LLC is the data controller of all personal data collected through our Properties. To contact us, please email us at info@talivity.com, or via the following:

    Talivity Group, LLC

    ATTN: Business Affairs

    230 East Ave suite 101

    Norwalk, CT 06855

    If you are situated in the EEA, Switzerland, or the UK and have any complaints regarding our privacy practices, you have the right to make a complaint at any time to your local supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority, so please contact us in the first instance. If you have a complaint, please contact our privacy manager by using the contact information set forth above.

    Provision of personal data and failure to provide personal data

    Where we need to collect personal data by law or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may not be able to provide certain services to you.

    Collection of personal data from third-party sources

    We may obtain personal data and other information about you through public sources and through our third-party partners who help us provide our products and services to you.

    Withdrawing your consent

    If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time by contacting us at info@talivity.com.

    Data Transfer

    We may transfer personal data from the EEA, Switzerland, and the UK to the USA and other countries, some of which have not been determined by the European Commission or the UK Secretary of State to have an adequate level of data protection. Where we use certain vendors, we may use specific contracts approved by the European Commission or the UK Secretary of State which give personal data the same protection it has in Europe. For more information about how we transfer your data, please contact us at info@talivity.com.

    Use of your personal data for marketing purposes

    We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising:

    Promotional offers from us: We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or used our services and, in each case, you have consented to our use of your personal data for marketing purposes.

    Data Subject Rights

    If you are situated in the European Union, Switzerland, or the UK, under the GDPR, as a data subject, you have the right to:

    • Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
    • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
    • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law.
    • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes.
    • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in specific scenarios.
    • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format.
    • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.

    To exercise your rights under the GDPR, please contact us at info@talivity.com. Please note that in order for you to assert these rights, we may need to verify your identity to confirm your right to access your personal data. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. In order to verify your identity, we may need to gather more personal data from you than we currently have.

    We will notify you of any changes by posting the new privacy policy on this page. You are advised to review this privacy policy periodically for any changes. Changes to this privacy policy are effective when they are posted on this page.

    CONTACTING US

    If you have any questions about our privacy or security practices, you can contact us at info@talivity.com, or via the following:

    Talivity Group, LLC

    ATTN: Business Affairs

    230 East Ave suite 101

    Norwalk, CT 06855

    Note: This privacy policy now includes complete sections covering California Privacy Rights (CCPA) and European Privacy Rights (GDPR). Additional sections covering How We Use Your Personal Information, How We Disclose or Share Your Information, Data Retention, Your Choices, and other compliance requirements may be added as needed.