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Terms and Conditions of Use

Last Revised: Jan 1, 2020

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE OR THE SERVICE OR DOWNLOADING AN OUTDOORS APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE OR ANY CONTENT OR SERVICES RELATED THERETO..

This Policy shall apply to the applications published in the Apple App Store by Hotfoot Films ltd and that are accessible from mobile devices(the “App“), and the use of the websites controlled by Hotfoot Films ltd in general (the “Website“; App, and Website together the “Services“).

1. GENERAL

Regarding the Services: Hotfoot Films ltd (“Talking Scripts“, “we“, “us” or “our“) is the Data Controller within the meaning of the General Data Protection Regulation (“GDPR“).

This privacy policy shall inform you on how we collect, process and use (“Use“) personal data in connection with the Services.

1.1 SUBSCRIPTION

Your payment will be charged to your iTunes Account at the confirmation of purchase. Your Subscription will automatically renew each 1 month or 12 months, 24-hours before the end of the current period, and your credit card will be charged through your iTunes account unless auto-renew is turned off at least 24-hours before the end of the current period. You can Turn off auto -renew at any time from your iTunes account settings. For limited time offers, standard pricing will be automatically initiated for the next pricing period. For offers that include a free trial period, if you cancel before the end of the trial you will not be charged. After the free trial period you will automatically become a paying subscriber. If you choose to upgrade  or downgrade during the free trial period you will forfeit the remainder of the free trial.

1.2 BACKUPS

We are not responsible for Content residing in the Mobile Application. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

1.3 LINKS TO OTHER MOBILE APPLICATIONS

Although this Mobile Application may link to other mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any mobile application which you access through a link from this Mobile Application. Your linking to any other off-site mobile applications is at your own risk.

1.4 INTELLECTUAL PROPERTY RIGHTS

This Agreement does not transfer to you any intellectual property owned by Mobile Application Developer or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Mobile Application Developer. All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of Mobile Application Developer or Mobile Application Developer licensors. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services may be the trademarks of other third-parties. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any Mobile Application Developer or third-party trademarks.

1.5 CHANGES AND AMENDMENTS

We reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes. 

1.6 ACCEPTANCE OF THESE TERMS

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services.

 

2. DATA WE COLLECT, PROCESS AND USE

2.1 In general, you can use the Services without providing any personal information such as e.g. your name, email address, postal address, telephone number, financial information (all such information concerning the personal or material circumstances of an identified or identifiable individual data subject together “Personal Data“). Therefore, if you do not provide us directly with Personal Data in another way or actively consent to the Use by us of certain Personal Data, we, in general, do not Use your data with the exception of the following:

2.1.1 Regarding the Website: if you participate in the competition, you will provide us with your script and Personal Data. Additionally, your browser transfers certain data so that it can access the Website, namely:

  • the IP address

  • the date and time of the request

  • the browser type

  • the operating system

  • the language and version of the browser software.

2.1.2 Regarding the App: certain data is transmitted by your mobile device: namely your IP address, the periods of time in which you use the App and the type of device you use (e.g. iPhone, iPad, Surface), as well as events within the application recorded with Firebase analytics in order to give us the possibility to continuously improve the App.

2.1.3 Regarding the email: we save a record of communication including attachments and information you voluntary decide to share with us for troubleshooting purposes whenever you communicate with our support team.

2.1.4 Email messages sent by us via third-party services like MailChimp or Intercom may contain tracking pixel which helps us collect statistics on delivery and opening rates of our correspondence. These pixels do not provide us with any additional personal data about you or your behavior online. You can disable image rendering in your email client which will deactivate this feature, however you will be unable to see any images within other received emails.

The legal basis for the processing of the data described above in section 2.1.1 through 2.1.3 (to the extent such data is to be considered Personal Data) is Art. 6 (1) sentence 1 lit. GDPR (legitimate interests; regarding section 2.1.1 the legitimate interests to Use such data arises from the fact that without such data the Website cannot be accessed by our customers and/or other users; regarding section 2.1.2 the legitimate interests to Use such data is that we have an interest to continuously improve the App; regarding section 2.1.3 the legitimate reason is that we need the information to provide you with the support you requested).

2.2 Only in cases in which you have given us prior consent we also use your Personal Data for other purposes but only to the extent needed in each specific case. The legal basis for the processing of the data described in this section 2.2 is Art. 6 (1) sentence 1 lit. a GDPR (consent).

2.3 We may disclose Personal Data to third parties where such disclosure is required by law (for example, upon request of a court or of law enforcement authorities). The legal basis for the processing of the data described in this section 2.3 is Art. 6 (1) sentence 1 lit. c GDPR (legal obligation).

2.4 We may also Use certain data as set forth in section 3 below.

3. TALKING SCRIPTS’S COOKIES POLICY

3.1 Talking Scripts’s websites use cookies to personalize your experience on our sites. Cookies tell us which parts of our websites people have visited, help us measure the performance of ads, and give us insights into user behavior so we can improve our communications and products.

You can disable cookies anytime in your web browser. Here is how it works in Google Chrome and Safari browsers:

Chrome:

  • Go to the Settings in the Chrome menu (Chrome toolbar).

  • Scroll down the page and click Advanced.

  • In the “Privacy” section, click the Content settings.

  • Click “Cookies” and change anything desired.

Safari:

  • Go to Preferences.

  • Click the Privacy tab.

  • Choose to Block all cookies.

For other browsers, please check the documentation your provider provides.

Talking Scripts’s cookies don’t collect information that personally identify you. Also, other sites or companies won’t be able to track you through our cookies.

When you disable cookies, our website can no longer provide you with the best user experience and you miss the opportunity to get more personalized information, such as displaying information in your language or displaying prices in your currency.

COOKIES: USE OF (FURTHER ANALYZING) TOOLS

Cookies are stored on your computer when using the Website. Cookies are small text files that are stored on your hard disk of the computer with which you visit a website and which are allocated to your browser and through which certain information is submitted to the cookies user that sets the cookie (in this case us). Cookies serve to make the website offering more user-friendly and effective overall.

The Website uses cookies to the following extent:

  • Transient / Session cookies

  • Persistent / Setting cookies

  • Analysis cookies

Transient cookies are automatically deleted when you close your browser. This includes in particular the session cookies. These store a so-called session ID, which identify user session in the browser. Session cookies are deleted when you log out or close your browser.

Persistent cookies help the Website remember your information and settings when you visit them in the future. They are automatically deleted after a specified period, which may differ depending on the cookie.

We also use cookies on our website which enable an analysis of the user’s surfing behavior.

3.2 The Website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help analyze how you use the Website. The information generated by the cookie about your use of the Website will normally be transmitted to and stored by Google on servers in the United States.

The IP address that your browser transfers within the scope of Google Analytics will not be associated with any other data held by Google.

You may refuse the use of cookies by selecting the appropriate settings in your browser, however please note that if you do so you may not be able to use all functions of the Website. You can also opt-out from the storage by Google of the data that is created by the cookie and is related to the use of the Website (including your IP address) and the processing of such data by Google by downloading and installing the Google Analytics opt-out Browser add-on available under https://tools.google.com/dlpage/gaoptout?hl=en.

As an alternative to the browser add-on or within browsers on mobile devices, you can click this link in order to opt-out from being tracked by Google Analytics within this Website in the future (this opt-out option applies only for the browser in which you set it and with regard to the Website). In this case an opt-out cookie is put on your device. In case you delete your cookies, you will have to use the aforementioned link again.

For further information on Google Analytics please refer to: http://www.google.com/analytics/terms, https://support.google.com/analytics/answer/6004245?hl=en and https://policies.google.com/privacy?hl=en&gl=en

3.3 Our Apps use Facebook SDK of Facebook 1 Hacker Way, Menlo Park (https://developers.facebook.com/docs/ios, https://developers.facebook.com/policy) to analyze sources of app installations and how you use the app. Facebook SDK and Analytics is a service which helps us to improve ours Service by better understanding general app usage patterns.

3.4 If you decide to deactivate (some of) the cookies and tools described above, please note that certain features and functionalities of the Services might not work or might not be accessible to you.

3.5 The legal basis for the processing of the data described in this section 3 (to the extent such data is to be considered Personal Data) is Art. 6 (1) sentence 1 lit. f GDPR (legitimate interests; the legitimate interests to Use such data is that we use and analyze the respective data to improve our Services, such as by gaining a better understanding of your interests and requirements regarding our Services and to help personalize your user experience).

4. TECHNICAL IMPLEMENTATION OF THE SERVICES BY SUBCONTRACTORS

We partly use service providers who process Personal Data on behalf of us to operate the technical platform for the Services (for example, the documents that you scan and send via the App are processed by a third party fax service provider (whereas the respective servers are exclusively situated in EU member states)). These service providers process the data exclusively according to our instructions (order processing). The legal basis for the data processing described in this section 4 is Art. 6 (1) sentence 1 lit. b GDPR (performance of contract and pre-contractual measures) and Art. 28 GDPR (order processing).

5. DURATION OF STORAGE OF PERSONAL DATA

Unless no shorter storage period is indicated in this privacy policy, we, in general, store Personal Data as long (i) as required for the provision of the Services to you, and/or (ii) as it is necessary with regard to the contractual relationship with you, thereafter only if and to the extent that we are obliged to do so by mandatory statutory retention obligations. If we no longer require the respective Personal Data for the purposes described above, such Personal Data will only be stored during the respective legal retention period and not processed for other purposes.

6. YOUR RIGHTS

You have the right to request information from us at any time about your Personal Data stored by us. If the legal requirements are met, you also have rights vis-à-vis us to request from us access to and rectification or erasure or restriction of processing concerning your Personal Data or to object the processing of your Personal Data as well as the right to receive your Personal Data provided to us in a structured, established and machine-readable format from us (you can transfer this data to other parties or have it transferred; data portability).

If you have given your consent to the use of personal data, you can revoke such consent at any time (for the future).

If you believe that the processing of your Personal Data by us is in breach of the applicable data protection laws, you can issue a complaint with the competent supervisory authority for data protection.

7. CONTACT

You can contact us (e.g. if you have any questions about data protection regarding Talking Scripts (including regarding the assertion of your rights further explained in section 6 above)),  via the following email: contact@talkingscripts.com

 

KEEPING YOUR PERSONAL DATA SECURE

  1. We have taken extensive technical and operational precautions to protect the Personal Data retained by us against unauthorized access and misuse. Our security procedures are revised regularly and adapted to reflect technological progress.

©2020 Talking Scripts Ltd.

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