TalkingCV Privacy Policy

AGREEMENT BETWEEN USER AND TalkingCV Limited

The TalkingCV Web Site is comprised of various Web pages operated by TalkingCV Limited.

The TalkingCV Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the TalkingCV Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

TalkingCV Limited reserves the right to change the terms, conditions, and notices under which the TalkingCV Web Site is offered.

LINKS TO THIRD PARTY SITES

The TalkingCV Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of TalkingCV Limited and TalkingCV Limited is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TalkingCV Limited is not responsible for webcasting or any other form of transmission received from any Linked Site. TalkingCV Limited is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TalkingCV Limited of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the TalkingCV Web Site, you warrant to TalkingCV Limited that you will not use the TalkingCV Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the TalkingCV Web Site in any manner which could damage, disable, overburden, or impair the TalkingCV Web Site or interfere with any other party’s use and enjoyment of the TalkingCV Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the TalkingCV Web Site.

USE OF COMMUNICATION SERVICES

The TalkingCV Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

TalkingCV Limited has no obligation to monitor the Communication Services. However, TalkingCV Limited reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.

TalkingCV Limited reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. TalkingCV Limited reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TalkingCV Limited’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. TalkingCV Limited does not control or endorse the content, messages or information found in any Communication Service and, therefore, TalkingCV Limited specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized TalkingCV Limited spokespersons, and their views do not necessarily reflect those of TalkingCV  Limited.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO TalkingCV Limited OR POSTED AT ANY TalkingCV Limited WEB SITE

TalkingCV Limited does not claim ownership of the materials you provide to TalkingCV Limited (including feedback and suggestions) or post, upload, input or submit to any TalkingCV Limited Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting TalkingCV Limited, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. TalkingCV Limited is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in TalkingCV’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TALKINGCV WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TalkingCV Limited AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TALKINGCV WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE TALKINGCV WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TALKINGCV LIMITED AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE TALKINGCV WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TALKINGCV LIMITED AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TALKINGCV LIMITED AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE TALKINGCV WEB SITE, WITH THE DELAY OR INABILITY TO USE THE TALKINGCV WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE TALKINGCV WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE TALKINGCV WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TALKINGCV LIMITED OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TALKINGCV WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TALKINGCV WEB SITE.

SERVICE CONTACT : admin@TalkingCV.com

TERMINATION/ACCESS RESTRICTION

TalkingCV Limited reserves the right, in its sole discretion, to terminate your access to the TalkingCV Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of England and you hereby consent to the exclusive jurisdiction and venue of courts in England in all disputes arising out of or relating to the use of the TalkingCV Web Site. Use of the TalkingCV Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TalkingCV Limited as a result of this agreement or use of the TalkingCV Web Site. TalkingCV Limited’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TalkingCV Limited’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the TalkingCV Web Site or information provided to or gathered by TalkingCV Limited with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TalkingCV Limited with respect to the TalkingCV Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TalkingCV Limited with respect to the TalkingCV Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the TalkingCV Web Site are: Copyright 2018 by TalkingCV Limited and/or its suppliers. All rights reserved.

TalkingCV Privacy Statement

INTRODUCTION

Welcome to the TalkingCV Ltd Privacy Statement.

TalkingCV Ltd respects your privacy and is committed to protecting your personal data. This privacy statement will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

  1. PURPOSE OF THE PRIVACY STATEMENT

Purpose of this privacy statement

This privacy statement aims to give you information on how TalkingCV Ltd collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter, purchase a product or service or take part in a survey.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy statement together with any other privacy statement or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy statement supplements the other notices and is not intended to override them.

Data Controller and Data Processor 

TalkingCV Ltd Limited is both a controller and processor of your personal data (collectively referred to as the ”Company”, “we”, “us” or “our” in this privacy statemeny). The TalkingCV Ltd refers to the Company and any subsidiaries or holding companies.

For personal data collected on this website we act as data controller. For personal data collected during an interview or as part of your use of our automated video interviewing software “TalkingCV” we act as a data processor and the data controller is the company with whom you are interviewing.

Definitions:

Contact Details

Our full details are:

Full name of legal entity: TalkingCV Ltd Limited

Attn: Data Controller

Email address: datacontroller@talkingcv.com

Postal address: TalkingCV Ltd Ltd, Penhurst House, 352-356 Battersea Park Road, London, SW11 3BY

Telephone number: +44 20 7978 0114

ICO Registration Number: Z1036702

You have the right to make a complaint at any time to the Information Commissioner’s Office  (ICO) however we would value the opportunity to deal with you concerns in advance so would request you make contact with us using the contact details above.

Changes to the Privacy Statement and Your Duty to Inform us of Changes

This version was last updated on 7th July 2018.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-Party Links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy statement of every website you visit.

  1. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

  • Identity Dataincludes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
  • Contact Dataincludes billing address, delivery address, email address and telephone numbers.
  • Transaction Dataincludes details of products and services you have used.
  • Technical Dataincludes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  • Usage Dataincludes information about how you use our website, products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect or facilitate the collection of Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data unless you yourself voluntarily provide such information in an interview). Nor do we collect any information about criminal convictions and offences.

If you Fail 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 provide you with the TalkingCV Ltd services. In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

  1. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

  • TalkingCV Ltdclients use the TalkingCV application as a facility to interview people remotely. During interviews, candidates are asked to answer questions provided by the interviewing company. These answers will be recorded by audio and video and these recorded answers will be made available to TalkingCV Ltd clients and their authorised employees or contractors. These recorded interviews will also be made available to you via the “MyTalkingCV” login where this is enabled. If this service is not enabled and you wish to view or delete a copy of the TalkingCV interview this can be done by request to the client for whom you undertook your interview and if this is not successful by contacting our Data Controller using the contact details provided above. Interviews are stored for an initial 12 months or longer where the interviewing company has chosen to extend this period.  TalkingCV Ltd is not a data controller of any information recorded in an interview. TalkingCV Ltd simply acts as a data processor and facilitates the recording of the video interview. TalkingCV Ltd transmits the content contained in the interview from the candidate to the interviewer. We maintain a copy of the interview on the hosting servers of our hosting partners for secure access by the nominated representatives of the interviewer. As the interviewing company is the Data Controller of the recorded video interviews, candidates must contact the company in question should they wish to discuss anything pertaining to the video interview.
  • Direct interactions.You may give us your Identity and, Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
    • Use the TalkingCV Ltd services;
    • create an account on our website;
    • subscribe to our service or publications;
    • request marketing to be sent to you;
    • enter a competition, promotion or survey; or
    • give us feedback.
  • Automated technologies or interactions.As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy https://www.talkingcv.com/cookie_policy for further details.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
  • Contact and Identity Datafrom the company organising the interview for the purposes of enabling you to access the TalkingCV service.
  1. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the TalkingCV services or a contract we enter 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 we need to comply with a legal or regulatory obligation.
  • We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If you have any questions relating to how we use your personal data please contact us.

  1. DATA SECURITY

We have put in place security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

  1. DATA RETENTION

How Long Will You Use My Personal Data For? 

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting 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 unauthorised 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.

In some circumstances you can ask us to delete your data: see Request erasure below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

  1. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please:

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. 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 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. 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 of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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 (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

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.

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. If you withdraw your consent, we may not be able to provide certain products 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.

No Fee 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 these circumstances.

What We May Need From You

We may 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 try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

  1. GLOSSARY

Lawful Basis

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party including where you agree to use the TalkingCV service or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.