Metalk Privacy Policy

Last modified: 5th September 2014

1. INTRODUCTION

We value your privacy. This Privacy Policy informs you of your choices and our practices regarding any Information you provide to us.

The use of the Service may involve the collection and use of your Information (as defined in the “The Information We Collect and How We Collect It” section below) on the Service (including our website: www.immetalk.com and mobile application: Metalk). It is important for you to understand how this happens and how you may control it, so please read this Privacy Policy carefully.

By using the Service, you agree that we may collect, use and share your Information in accordance with this Privacy Policy, as revised from time to time.

If you wish to contact us regarding this Privacy Policy or any privacy-related matters, please contact us via email at support@immetalk.com.

2. SCOPE OF THIS PRIVACY POLICY

This Privacy Policy applies across all of the Service as defined above.

This Privacy Policy is incorporated into and form part of the Metalk Terms of Service that you have agreed to in order to use the Service. Any terms used in this Privacy Policy will have the same meaning as the equivalent defined terms in the Metalk Terms of Service, unless otherwise defined in this Privacy Policy or the context requires otherwise.

Please also note that this Privacy Policy does not apply to Information collected: (i) through third party services (including any third party websites) that you may access through the Service; or (ii) by other companies and organizations who advertise their services on the Service.

3. CHANGES TO THIS PRIVACY POLICY

We may from time to time revise or add specific instructions, policies and terms to this Privacy Policy. These instructions, policies and terms form part of this Privacy Policy.

Where we consider that any changes to this Privacy Policy are reasonably material, we will notify you (via http://www.immetalk.com), direct communication to you, or other means) prior to the change becoming effective. By continuing to use the Service after any changes to this Privacy Policy, with or without notice from us, you are agreeing to the revised Privacy Policy.

4. THE INFORMATION WE COLLECT AND HOW WE COLLECT IT

In providing the Service, we collect, store and use the following Information relating to you:

Information” is Personal Information and Non-Personal Information;

Personal Information” is any information or combination of information that relates to you, and can be used to identify you. Personal Information may include the following:

  • information you make available to us when you open an account or use the Service, such as your name, telephone number and email address;
  • information which you make available to the Service as you use them, including Shared Information you make available to others through the Service and information you store using the Service;
  • Shared Information that others using the Service make available about you, such as information contained in posts they make and communications they make to you and others using the Service; and
  • information we collect as you use the Service, such as certain Location Data and Log Data.

Location Data” is information that we collect regarding your location (when you use a location-enabled service), including:

  • the location of your device when you use the Service, such as from the GPS, WiFi, compass, accelerometer or other sensors in your mobile device;
  • the IP address of the device or internet service you use to access the Service,
  • other information made available by you or others that gives an indication as to where you are or have been located, such as account information that indicates where you are located and Shared Information you or others post indicating your location, such as any geotag information that is embedded in any photos you make available to us; and
  • if you have provided us with your location data previously and would like us to delete such existing location data, you may be able to do so via the Service.

Log Data” is technical information that is automatically collected by us when you use the Service, whether through the use of cookies, web beacons and log files (as explained in more detail in the “Cookies, Web Beacons and Log Files” section below) or otherwise, including:

  • technical information such as your mobile carrier, configuration information made available by your web browser or other programs you use to access the Service, your IP address and your device’s version and identification number, information about what you have searched for and looked at while using the Service, such as web search terms used, social media profiles visited and details of other information and content accessed or requested by you in using the Service;
  • information about communications you have made using the Service, such as the people you’ve communicated with and the time, data and duration of your communications; and
  • metadata, which means information related to items you have made available through the Service, such as the date, time or location that a shared photograph or video was taken or posted.

Non-Personal Information” is any information that relates to you but from which it is not practicable to directly or indirectly identify you, including Personal Information in aggregated, anonymised or pseudonymised form.

Shared Information” is information about you or relating to you that is voluntarily shared on the Service, including postings that you make on the Service (including your public profile, the lists you create), any postings from others that you re-post and including Location Data and Log Data associated with these postings. Shared Information also includes information about you (including Location Data and Log Data) that others who are using the Service share about you.

5. HOW WE USE YOUR INFORMATION

We may use your Information for any of the following purposes:

  • to provide the Service to you;
  • for customer service, security, fraud-detection, archival and backup purposes in connection with the provision of the Service;
  • to provide you with advertising and direct marketing that is more relevant to you;
  • to better understand how you access and use the Service, for the purposes of trying to improve the Service and to respond to customer desires and preferences, including language and location customisation, personalised help and instructions, or other responses to your and other customers’ usage of the Service;
  • to help us develop our new services and improve our existing services;
  • to assess the effectiveness of and improve advertising and other marketing and promotional activities on or in connection with the Service when your account is subscribed to an official account; and
  • to allow you to participate in surveys about our products and services. If you participate in a survey, we may request certain personally identifiable information from you. Participation in these surveys is voluntary and you therefore have a choice whether or not to disclose this information. We use may use a third party service provider to conduct these surveys and such third party service provider will be prohibited from using your personally identifiable information for any other purpose.

Please note that for the purposes of seeking to provide our users with a better experience, to improve the Service or otherwise where you have consented, Personal Information collected through our site or service may, subject to user privacy controls (where available), be used by our other services (including in an aggregated or individualised manner).

For example, Personal Information collected during your use of one of the Service may be used to suggest particular content that can be made available to you on another service or be used to try to present more relevant advertising to you in another service. You may also from time to time ask us to migrate or export your Personal Information contained in one of the Service to another of the Service, where such migration option is available.

If any of your Personal Information comprises Your Content (as defined in the Metalk Terms of Service), we and our affiliate companies may (subject to this Privacy Policy) use such Personal Information in accordance with the “Your Content” section of the Metalk Terms of Service.

6. COOKIES, WEB BEACONS AND LOG FILES

We may use cookies, web beacons and log files to collect, and store Information about you or relating to you. When you visit the Metalk Site, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser. Metalk uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Metalk Site may not function properly if the ability to accept cookies is disabled.

7. SHARING OF YOUR PERSONAL INFORMATION

Other than as permitted under this Privacy Policy or as otherwise consented to by you, we will not transfer your Personal Information to any other third parties for their processing for any purposes.

We and our affiliate companies may share your Personal Information within our group of companies and with joint venture partners and third party service providers, contractors and agents (such as communication service providers who send emails or push notifications on our behalf, and mapping services providers who assists us and you with location data), in each case, for the purposes of: (i) providing the Service to you; (ii) assisting us in carrying out the purposes set out under the “How We Use Your Information” section above; (iii) carrying out our obligations and enforcing our rights under the Metalk Terms of Service or this Privacy Policy; and/or (iv) help understand and improve the Service. These third parties may be located, and use and store your Personal Information, outside of your jurisdiction for these purposes.

Where we or our affiliate companies do share your Personal Information with any third parties, we will use reasonable efforts to ensure that such third parties only use your Personal Information: (i) in compliance with this Privacy Policy; and (ii) subject to any other instructions we give them, including any appropriate confidentiality and security measures that we implement.

You consent to the third party use, sharing and transfer of your Personal Information (both inside and outside of your jurisdiction) as described in this section.

We allow third parties such as analytics providers and advertising partners to collect your Personal Information over time and across different websites or online services when you use the Service.

As we continue to develop our business, we or our affiliate companies may be acquired by a third party or re-organise our group structure. In these circumstances, it may be the case that your Information is transferred within our group and/or transferred to a third party who will continue to operate the Service or similar services under either this Privacy Policy or a different privacy policy which will be notified to you. The party to which your Personal Information is transferred may be located, and use your Information, outside of your jurisdiction.

You agree that we or our affiliate companies may be required to retain, preserve or disclose your Personal Information: (i) in order to comply with applicable laws or regulations; (ii) in order to comply with a court order, subpoena or other legal process; (iii) in response to a request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); or (iv) where we believe it is reasonably necessary to comply with applicable laws or regulations. You also agree that we or our affiliate companies may need to disclose your Personal Information in order to enforce the Metalk Terms of Service or this Privacy Policy, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of the Service.

8. COMMUNICATIONS FROM US

8.1 Newsletters and other types of communications

When you use our service, we may use your Information to send you emails, newsletters or push notifications to your device. If you no longer wish to receive these communications, you can do so by following the unsubscribe instructions in the emails we send to you or opting out of notifications at the device level (if available).

8.2 Service-related announcements

We may from time to time send you service-related announcements when we consider it necessary to do so (such as when we temporarily suspend one of the Service for maintenance). You may not opt-out of these service-related announcements, which are not promotional in nature.

9. A WORD ABOUT SENSITIVE PERSONAL INFORMATION

In some jurisdictions, certain Personal Information, such as information about your race or ethnic origin, religious or philosophical views or personal health, is characterised as “sensitive” and is subject to stricter regulation than other personal information. Please note that content and information that you input to the Service, such as photographs or information about your school or social activities, may reveal your sensitive Personal Information to others.

We urge you to consider whether it is appropriate to communicate Personal Information of a sensitive nature in the manner you are proposing to communicate it using the Service.

You consent to all processing of sensitive Personal Information for the purposes and in the manner described in this Privacy Policy.

Please note that we do not use your sensitive Personal Information for the purpose of serving advertising to you.

10. THIRD PARTY SERVICES ON THE SERVICE

Our service may link you to, social media or other services (including websites) provided by a third party. For example:

  • you may be able to share content on, or login to, the Service using services provided by third parties. The third parties who provide such services may be able to collect your Information and Personal Information (including your Log Data), and may set cookies on your computer to enable such feature to function properly; and
  • we may (whether in advertisements or otherwise within the Service) provide you with links that allow you to access third party services or websites.

These third party social media or other services may be hosted by the relevant third party or us. Your use of any such third party services (whether social media services or otherwise), including any Personal Information you provide to such third parties, are subject to the relevant third party’s own terms of services and privacy policies and not the Metalk Terms of Service or this Privacy Policy, so please review their terms carefully. This Privacy Policy only applies to any Information collected by us, does not apply to any services offered by or information practices of any third parties, and we bear no liability for any third party use of any Information provided by you to them.

11. TRANSFER, STORAGE AND SECURITY OF YOUR PERSONAL INFORMATION

We operate and may continue to operate servers in a number of jurisdictions around the world, so the server on which your Personal Information is used and stored may not be in your jurisdiction.

You consent to the transfer of your Personal Information (both inside and outside of your jurisdiction) for the purposes described in this Privacy Policy.

We use a variety of security technologies and procedures for the purpose of preventing loss, misuse, unauthorised access or disclosure of Information.

In our service, we will use encryption technology (such as SSL) to protect certain sensitive Information (such as location data) provided by you to us. Please be aware that despite our efforts, no data security measures can guarantee 100% security at all times. Our systems and the communications networks through which you access the Service may be subject to security breaches and failures which are due to circumstances beyond our reasonable control.

12. PERIOD OF USE OF YOUR PERSONAL INFORMATION

Subject to applicable laws and regulations (including as set out under the “Sharing of your Personal Information” section above), we will only use your Personal Information for so long as is necessary to fulfil the purposes as set out under the “How We Use Your Information” section above.

Should your account be terminated by you or us for any reason, we will (subject to the above paragraph) take steps to ensure that your Personal Information is no longer available through the Service, or otherwise used by us, within a reasonable period of time (subject to technical limitations) after such account termination. However, it is important to note that communications made by you using the Service may put your Personal Information in the hands of third parties that we cannot control.