Privacy Policy

This Privacy Policy describes how Reference360, Inc. (“Reference360”) collects personal information in connection with our wholly owned WEBTALKX solution platform and website located on the internet at www.platform.webtalkx.com and at www.webtalkx.com (the “Site”) on which this Privacy Policy is posted or linked to, and how this information may be used, shared and safeguarded. Personal information is information about you as an identifiable Site visitor.

Reference360 operates the Site and provides its users with access to an on-line interview service platform, a replay service to selected third parties and / or messaging services (the “Services”). This page is used to inform both registered users and non-registered visitors to the Site of our policies and procedures for the collection, processing, storage, transfer and disclosure of certain personally identifiable information from visitors to the Site. If you choose to use the Services, then you agree to the collection and use of information in relation with this policy. Under applicable law, Reference360 is the “data controller” of personal data collected through the Services.

By visiting our Site or otherwise providing us with personal information, you agree that we may collect, use and share your personal information as described in this Privacy Policy. If you do not agree, please do not use our Site in any way and do not provide us with any personal information. We may at any time and at our sole discretion update this Privacy Policy by posting the updated Privacy Policy on our Site along with the date on which the Privacy Policy was changed. Any changes will be effective immediately upon the posting of or linking to the revised Privacy Policy on our Site. Thus, we advise you to review this location on the Site periodically for any changes.

Information we collect

In general, you may visit our Site without providing any personal information. However, in order to use certain features of our Site, such as the Services, we may need to collect your personal information. For example:

We collect your username, email address or telephone number, and password when you create an account or public user profile. You may be required to provide additional information such as your date of birth and a password hint question and / or answer. We collect additional information that you choose to add to your account or public user profile, such as a profile picture or information about your hobbies and interests.

We collect your name, contact information and payment card information when you view media or purchase a product or service through our Site (such as a subscription or an advertisement).

If you use a social media account to create an account on our Site, or if you otherwise interact with a social media service through our Site (such as by using a third party messaging platform plug-in), we may receive personal information from the social media service, such as your username, email address, gender, public profile information and any other information that you have agreed to share with us, whether explicitly or through your privacy settings.

Our Site may offer public forums or communication services that allow you to communicate with other users, post information, content, images, photos or videos, post your opinions on surveys, or submit reviews or ratings (collectively, your “Content”). Your Content will be associated with your public user profile. Your Content and public user profile is public, unencrypted and non-confidential. This means that it can be read and used by others, including advertisers. We are not responsible for the information you choose to submit in any public or non-public areas of our Site. You should exercise caution when deciding to disclose personal information in public or non-public areas of our Site.

We collect both coarse and fine geographical location information if the browser you are using is location-enabled and your computer or device using the browser transmits location data and/or your IP address, so we can provide location-specific information to you.

In some instances, we also collect SMS information such as the information within the SMS and whether not the message or messages have been received and / or read so we can verify information about your identify and / or your device. We also collect data from your browser such as to indicate your preferred or default language setting or to indicate that you have changed your language settings.

We may collect personal information when you participate in a survey, poll, contest or promotion, such as your name and contact information and responses to survey or poll questions or the information you provide on a contest entry form.

We may collect other personal information with your consent or where required or permitted by law.

We use service providers and third-party advertising partners to collect information about Site users sometimes automatically using cookies and other tracking technologies. You can read more about how we use cookies, tracking technologies and interest-based advertising below.

How we use the information we collect

We generally use the personal information we collect to provide the product, service, feature or information you have requested and for our reasonable business purposes, including:

to manage our Site and provide our Services, such as to create and administer accounts and facilitate the use and enjoyment of discussion forums and our communication platform;
to enable geographic-specific features, such as geographic-specific pricing and information;
to process payments;
to notify you of changes to your account or our Site’s services, terms, conditions or policies and to provide you with administrative messages, updates, legal notices, technical notices or security alerts;
to customize your user experience, including by tailoring the advertisements that are displayed to you to make them more useful and relevant to you;
to conduct research and development, analyze and understand trends and user behavior and to improve our Site along with our Services and products that we may offer;
to respond to your inquiries and provide you with technical and any other needed support;
to ensure compliance with our Terms of Use and prevent fraud;
to provide you with newsletters, information, promotional offers and other advertising about us or our advertising partners;
to facilitate your participation in a contest or similar promotion, or a survey or poll;
to meet contractual obligations; and

for other purposes with your consent or as permitted or required by statute or any other law.

Cookies, tracking technologies and interest-based advertising

We, along with our service providers and our third-party advertising partners, use technologies that automatically collect information about users of our Site and Services.

We automatically collect information about how you access, navigate and leave our Site, including a website or other service you came from before visiting our Site, the device, browser type and operating system you are using, the internet protocol (IP) address you are accessing the site from, your mobile device ID or Advertising ID if you visit our site from a mobile device, the screens or pages of our Site that you are navigating through, the date and time of your visit, how long you spend on our Site or certain areas of our Site, and what website you go to after you have ended your session on our Site. This information may be used to determine how many visitors we have to our Site or how many visitors view or interact with certain areas of our Site, how long they remain on our Site, whether they use the links we provide or respond to advertising and for tailoring advertisements to you. We may share this information with partners who referred you to our Site, and with our advertising partners, whom may use the information to optimize the traffic they send to us and for delivering targeted ads to you when you visit third party websites or other Site and services.

We, our service providers and third-party advertising partners collect information about Site visitors using cookies and other tracking technologies (including but not limited to cookies, pixels and Adobe Flash). We use these technologies to remember your preferences and facilitate your navigation of our Site. We and our service providers and third-party advertising partners also use these technologies to track your activities on our Site and other websites, including the areas of our Site that you visited, the ads or content that you clicked on and the search terms you used, in order to deliver tailored advertising to you. We may also share a hashed or encrypted version of your email address or telephone number with advertising partners so that you may be served with tailored advertising on our Site or other third-party websites and services. These advertising partners are not permitted to use your hashed or encrypted email address for any other purpose.

If you would prefer not to accept cookies, most browsers will allow you to:

change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it;
disable existing cookies; or
set your browser to automatically reject any cookies. You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it. If you don’t want us to share your hashed or encrypted email address with advertising partners, simply opt-out of our promotional communications.

Currently we do not respond to browser “do not track” signals. However, you may also opt-out of network advertising programs that track your activities across multiple websites to deliver personalized advertising content to you.

We use Google Analytics to help us understand how our site visitors use the Site, and as well as certain features of Google Analytics Display Advertising to advertise online, sell advertising and to develop content. You can opt out of Google Analytics and customize Google’s Display Network ads. Please visit Google’s Ad Settings and Google Analytics Opt-out Browser Add-on.

How we share your information

We may share information we collect about you in the following circumstances.

Advertising partners

We share information with our third-party advertising partners and via cookies. If you do not wish to receive personalized advertising that is delivered by third parties outside of the control of Reference360, you may be able to exercise that choice through opt-out programs that are administered by third parties, including the Network Advertising Initiative (NAI) and the Digital Advertising Alliance (DAA). If you choose to opt-out of personalized advertisements, you will, instead, receive generalized advertisements from our partners. Please visit Digital Advertising Alliance of Canada Opt-Out Page, NAI Opt-Out Page and the Ad Choices Opt-Out Page.

Service Providers

We may use service providers (including affiliates acting in this capacity) to provide services to us or to you on our behalf. For example, our service providers may host our Site, analyze data collected from our Site platform, provide customer service on our behalf, administer our promotions, facilitate and process transactions and payments, provide marketing or promotional assistance, distribute emails and other communications, post our advertisements (including online through targeted advertising campaigns), and collect your feedback on our Site and the advertisements displayed in our Site. We share your personal information with our service providers solely for the purposes of providing services to you. Our service providers are not permitted to use your personal information for other purposes. Some of our service providers are located outside of United States. While your personal information is located outside the United States it will be subject to legal requirements applicable to our service providers, for example, lawful requirements to disclose personal information to national security agencies or government authorities.

Aggregate or de-identified information

We may use your personal information to create aggregate statistics and de-identified data. We may use, share and sell this information for any purpose.

Your personal information is shared with your consent which is given when you provide it to us.

We may share your personal information with third parties with your consent which is given when you provide that information to us. For example, if you provide us with your contact information, such as your e-mail address, for the purposes of signing up for information, newsletters, contests, or marketing offers from a third party, or for receiving business offers or service quotes from a third party, we can share your personal information for that purpose. Once shared, your personal information will be subject to the privacy policy of that third party.

Business Transactions

We may disclose personal information to third parties in connection with the proposed or actual financing, securitization, insuring, sale, assignment or other disposal of all or part of Reference360 or our business or assets. These third parties may use the information, for the purposes of evaluating and/or completing the proposed transaction. We will use reasonable efforts to ensure that our successors or assigns process the personal information we transfer to them in a manner that is consistent with this Privacy Policy.

Other

We may disclose your personal information in other circumstances where permitted or required by law or other legal process. For example, we may disclose your personal information:

to collect a debt owed to us;
as necessary to comply with a subpoena, warrant, court order or other legal process;
if disclosure is requested by an investigatory body, law enforcement official or governmental authority which has lawful authority to request the disclosure of the information in respect of an investigation or other legal process; or
if we have reasonable grounds to believe that the information relates to a breach of an agreement or contravention of a law, or to protect the personal safety of our users or defend our rights or property.

How we store and protect personal information

Personal information is maintained on our servers (or those of our service providers). In an effort to protect your personal information against unauthorized access or disclosure. For example, any accounts you create on our Site are password protected. In identified areas of our Site, we may use SSL-encryption to protect data transmission. We limit access to personal information to employees, representatives and service providers who require access in connection with their job responsibilities. Please note it is not possible to transmit data with absolute security over the internet, and we cannot and do not guarantee the security of your personal information or any other person’s information.

Security

We value your trust in providing us your personal data, thus we are striving to use commercially acceptable means of protecting it. But please be aware that that no method of transmission over the internet, or method of electronic storage is completely secure and reliable, and we cannot guarantee complete security.

Links to external content

Our Site may link or direct you to other applications, websites, services or external content provided by third parties. If you click on a link to a third-party destination such as a third part website or messaging service, you will be directed to that destination. Note that these external third-party destinations are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these third-party destinations. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party destinations including applications, sites and / or services.

Children

Our Site is not directed to and we do not knowingly request or collect personal information from children (which are persons under 18 years of age, or another age if required by applicable law) without parental consent which we must verify prior to any children using out Site. If we become aware that we have unknowingly collected personal information about any child without parental consent, we will delete this information from our records or, if that is not reasonable, we will take reasonable available steps to de-identify the applicable information. If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us at support@webtalkx.com so that we will be able to take the necessary actions to remove your child’s personal data.

Accessing or correcting your personal information

We encourage you to keep your personal information accurate and up to date. You can access and correct the information in your account or public user profile by logging in to your account or profile on our Site and making the necessary edits.

You can request access to or correction of your personal information in our custody or control by contacting us as set out below in the Contact Us section. We may take reasonable steps to authenticate your identity before providing you with access to your personal information or making corrections. Please also note that in some cases we may not be able to provide you with the personal information you have requested (for example, if the information is subject to confidentiality or contains personal information of others.)

Your Choices

You may opt out of receiving promotional communications from us at any time by following the unsubscribe instructions included in each communication and/or by selecting your communication preferences in an account or profile.

You may be able to control the information we received from your device or from third parties (such as social media networks) by changing your device settings, browser settings or privacy settings.

You may withdraw your consent to our collection, use or disclosure of your personal information, subject to contractual or legal restrictions and reasonable notice. However, if you withdraw your consent to certain collections, uses or disclosures of your personal information, we may not be able to provide you with use of our Site or any of our Services or other products.

International Transfers of Information

Information collected in the European Economic Area (“EEA”) may be transferred, stored and processed by us and our service providers in the United States and other countries whose data protection laws may be different than the laws of your country. Whenever we transfer your Personal Data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented. In particular, we will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for Personal Data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries. Where we use providers based in the U.S., we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to Personal Data shared between the Europe and the U.S. For further details, see European Commission: EU-US Privacy Shield on https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en. Please contact us at the e-mail address in the Contact Us section below if you want further information on the specific mechanism used by us if and when we transfer your Personal Data out of the EEA.

Your Rights under International Laws

Under certain circumstances, you have the following rights under Data Protection laws. To protect your privacy and security, we may take reasonable steps to verify your identity before any exercise of the following rights according to applicable law:

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 your Personal Data. 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. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your Personal Data. You may object to processing of your Personal Data wherein we are relying on a legitimate interest (or those of a third-party) but 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. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing your Personal Data. You may request a restriction of certain processing of your Personal Data. This request provision enables you to ask us to suspend the processing of your Personal Data in the following scenarios:
- if you want us to establish your data’s accuracy;
- where our use of the data is unlawful but you do not want us to erase it;
- where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
- you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request transfer of your Personal Data. You may 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. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Right to withdraw consent. You may withdraw your 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. If you withdraw your consent, we may not be able to provide certain features of our Site or Services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us at the e-mail address in the Contact Us section below.

Additional information about your rights

No fee is usually required.

You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in certain circumstances.

What we may need from you.

We will need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond.

We make every attempt to respond to all legitimate requests within one to two months. Occasionally it may take us longer if your request is particularly complex or you have made more than one request. In this case, we will notify you and keep you updated as to the progress of your request.

E.U. Residents and E.U. U.S. Privacy Shield Framework

We comply with the E.U. U.S. Privacy Shield Framework and are committed to ensuring that we adhere to the following principals: Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. To learn more about the E.U. or U.S. Privacy Shield Framework, please visit the U.S. Department of Commerce website located at: privacyshield.gov/welcome. We are committed to working with you to address questions, concerns or complaints you may have about this Privacy Policy or your Personal Data. For the avoidance of doubt, in the event there is a conflict between the Privacy Policy and the E.U. U.S. Privacy Shield Framework the terms of the E.U. U.S. Privacy Shield Framework shall govern. Please contact us at the e-mail address in the Contact Us section below if you have any questions or have an issue that you’d like to resolve.

Dispute Resolution (E.U. Residents)

If you reside in E.U. and have any questions or concerns regarding the use or disclosure of Personal Data, you should first contact us for assistance. We will promptly investigate and attempt to resolve all complaints regarding our use of Personal Data. In the event we are unable to mutually resolve a complaint, we will work with you and agree to refer your complaint to an independent dispute resolution mechanism. In the event we are unable to resolve your claim, you should contact our U.S. based third-party dispute resolution provider free of charge at JAMS in San Diego, California, USA. In certain instances, conditions, described on the Privacy Shield’s website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted. You agree that any dispute arising out of this Privacy Policy shall be resolved exclusively through final and binding arbitration conducted by JAMS. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of this Privacy Policy, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in San Diego, California, and the arbitrator will decide the substance of all claims in accordance with the laws of the State of California. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS rules, unless otherwise stated in this Privacy Policy. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this Privacy Policy shall still apply.

Questions and concerns.

Any questions or concerns regarding the use or disclosure of Personal Data should first be directed to us. We will promptly investigate and attempt to resolve all complaints regarding our use of Personal Data. In the event we are unable to mutually resolve a complaint; we will work with you and agree to refer your complaint to an independent dispute resolution mechanism. If you are a resident of the EU, you may also work with the Data Protection Authority in your country http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm to assist with this process as well.

Data Protection Officer

We have appointed a Data Protection Officer to ensure continued commitment to privacy and security practices. For further information please contact us at the e-mail address in the Contact Us section below.

Data Retention

How long will you use my Personal Data for?

We will only retain your Personal Data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, audit, reporting and/or corporate compliance requirements.

To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Notice to certain international members

If you are a citizen of Canada, Brazil or Mexico and have questions about the accuracy of information that we have collected about you, you can have access to that information in order to verify and update it, unless we are permitted or required under applicable laws to refuse your access to such information. You may write or email us the e-mail address in the Contact Us section below

California Privacy Rights

California Consumer Privacy Act Privacy Statement (“CCPA Statement”)

This CCPA Statement is provided pursuant to the California Consumer Privacy Act (“CCPA”) and applies to California residents and supplements our overall Statement with additional disclosures and rights.

As of January 1 2020, California law permits residents of California to request certain details about how their personal information is shared with third-parties or affiliated companies for direct marketing purposes.

California residents may also take advantage of the following rights:

You may request, up to two times each year, that we disclose to you the categories and specific pieces of personal information that we have collected about you, the categories of sources from which your personal information is collected, the business or commercial purpose for collecting your personal information, the categories of personal information that we disclosed for a business purpose, any categories of personal information about you that we sold, the categories of third-parties with whom we have shared your personal information, and the business or commercial purpose for selling your personal information, if applicable.
You may request that we delete any personal information that we have collected from or about you. As described in more detail in our Statement, there are some reasons we will not be able to fully address your deletion request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, or to comply with a legal obligation. You can also access, update, and remove your information by visiting your Settings page on our website.
You may request to opt out of our sale of your personal information to third-parties for their direct marketing purposes. This means that, if you opt out, going forward, we will not share your information with such third-parties to use for their purposes unless you change your mind later and elect to opt-in again. To opt out, please submit a request in writing to the contact information below.

To take advantage of your disclosure and deletion rights, please contact us via our email below. We will need to verify your identity to enable us to process your request and we will respond to your request within 45 days of receipt of your request, after proper verification, unless we need additional time, in which case we will let you know.

For purposes of compliance with the CCPA, in addition to the further details as described in the Statement, we make the following disclosures:

We collect the following categories of personal information: Identifiers/Contact Information, transactional information, Internet or other electronic network activity information, geolocation, visual and audio information, and any additional data gathered from your interactions with our Site.
We sell the following categories of personal information: Identifiers/Contact Information, Internet or other electronic network activity information, and inferences drawn from the above.
We disclose the following categories of personal information for a business purpose: Identifiers/Contact Information, commercial information, Internet or other electronic network activity information, geolocation, visual and audio information, and inferences drawn from the above.

Contact Us

If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at support@webtalkx.com or via postal first-class mail at:

Privacy Officer Address:

1013 Centre Rd. 403-A, Wilmington, Delaware, 19805, USA.
Reference360, Inc. Privacy Policy

Last Revised September 28, 2020. Effective September 28, 2020.