1. Introduction

TalkWisely (hereinafter, "we", "our", "us") value the privacy of our users. This Privacy Policy outlines the type of personal information we collect, how it is used, stored, and shared when you use our cross-platform Pulse application (the "Service"). By using our Service, you agree to the collection and use of your Personal Information in accordance with this policy.

TalkWisely Platforms, encompassing TalkWisely Pulse, TalkWisely Application, and other related services, are developed and provided by TalkWisely Platforms. This SERVICE is intended for use as is.

We understand that most Privacy Policy documents can be complex and hard to understand. Therefore, we have made an effort to present our terms in plain English to make them as straightforward as possible.

Whenever you see 'TalkWisely', 'TalkWisely Services', 'TalkWisely Pulse', or ' talkwisely.com', it refers to all services made available at https://talkwisely.com.

The term 'Pulse server' refers to the services configured within TalkWisely that store the user account and personal conversation history, provide additional functionality such as bots and integrations, and (where enabled by the Customer) communicate via third-party application services.

'The Service' refers to the TalkWisely Pulse app instances exposed on https://talkwisely.com (or subdomains or customer’s domain) by TalkWisely Platforms. 'TalkWisely' or 'we' or 'us' refers to TalkWisely Pulse, a trading name of TalkWisely Platforms and their agents.

2. Scope

2.1. This document explains how we process personal data as it relates to:

For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to Name, Email Address, Phone Number. The information that we request will be retained by us and used as described in this privacy policy.

TalkWisely Customers: TalkWisely Customers use the TalkWisely Pulse app to connect to servers hosted by TalkWisely on the cloud or self-hosted on customer premises. This document does not address data protection issues relating to the Pulse and file data submitted by Users to the hosted server instances, as this is the customer’s legal responsibility.

• Your name, email address, and phone number when you create an account.

• Profile picture if you choose to provide one.

• Status messages and connection status.

• Information related to your device, including IP address, operating system, browser type.

• Messages and files exchanged through our Service, in case they need to be restored.

2.2. This document does not cover the following:

Your account details and preferences, messages, files and any other data you share via the TalkWisely application are the user’s responsibility. It is the customer’s job to ensure that your data is handled appropriately and that you are well informed.

2.3. The Customer and the user

This document explains data protection issues relating to TalkWisely Customers and Users. You’re a Customer if you’re paying (or otherwise compensating) TalkWisely to provide a dedicated hosted Pulse service. If you have an account registered on a TalkWisely server that you use to send and receive messages or use the TalkWisely Pulse application to connect any server within the TalkWisely network, you are a User.

It is possible to be both a Customer and a User, but we encourage you to consider these roles separately when considering data protection concerns.

2.3. Legal Basis for Processing of your data

TalkWisely Platforms has a different legal basis for processing based on which product you are using:

• TalkWisely Pulse users: we collect your IP address when you request access to the TalkWisely client from our web server. This data is collected under Legitimate Interest to support operational maintenance and to protect against malicious actions against our infrastructure.

• TalkWisely customers: your data is processed under Performance of Contract under the lawful basis of processing under the GDPR act. This means that we process your information only as necessary to meet our contractual obligations to you or to engage with you to do something before entering into a contract.

3. Data Ownership - Pulse and File data hosted on TalkWisely servers

The customer can use TalkWisely Services to provision and manage hosted TalkWisely servers. The customer owns and controls all messages and files submitted to their server by User accounts registered natively on their server. This ownership does not extend to messages and files submitted over federation or bridging.

This means that, in addition to the usual data access controls defined by the core protocol, all unencrypted messages and files can be accessed by the customer, and that access is retained even if no User account within the system retains access to the data.

What Information Do we collect and Why?

The information we collect is for the purpose of supporting your management of hosted servers through TalkWisely Pulse Services or to support the operations of the TalkWisely client. We do not profile server Users or their data. However, we might profile metadata pertaining to the configuration and management of hosted TalkWisely servers to improve our products and services.

Information you provide to us:

We collect information about you when you input it into the TalkWisely Dashboard or TalkWisely apps or otherwise provide it directly to us.

TalkWisely Dashboard Home Customer Account and Profile Information

We collect information when you register for an account. This information is kept to a minimum on purpose and is restricted to the following:

• Email Address
• Domain
• Billing Details

Your authentication identifier is used to authenticate your access to TalkWisely Dashboard at https://dashboard.talkwisely.com and uniquely identify you.

4. TalkWisely Account Transaction and Billing Information

Paying for hosted server services via TalkWisely is handled entirely by our payment processor, Stripe and RazorPay. The processor stores your credit card information and billing contact information to process your monthly or annual automatic renewals or upgrade or downgrade your subscription without re-entering a credit card number.

We never have access to, nor store your full credit card information. The payment processor code we use also sets a cookie in your browser, to remember your info for future purchases. You can delete or block that cookie if you wish; our website will continue to work.

We require you to enter your billing information. This data, as well as the last four digits of your credit card, which is sent to us by our payment processor, is stored in our transaction database in order to maintain our financial records. This information appears on your invoice, which can be accessed by anyone who has been sent the url link to your invoice. We make the invoice links purposefully long and hard to guess for added security, and we prevent search engines from indexing them. The history of changes to the billing contact information on the invoice made by you or our team are logged and stored in our transaction database.

The data we collect in our transaction database, including Personal Data, is not shared with third parties, except for the purposes of determining the validity of payment. In this case, we may share the name and email address associated with the purchase with the credit card holder, your company’s accounting department, or with our payment processor when responding to a chargeback.

5. Lead generation and marketing information

We might collect information about you through adverts placed on third-party platforms such as LinkedIn, Twitter or Google. Whenever you click an advert on these platforms, you may be asked to provide details such as:

• Email Address

• Organisation

• Number of employees

• Job Title

• Phone Number

Within each of these adverts you will be notified of the legal basis under which your data will be processed. This information will be stored on our CRM provider Pipedrive, and will be processed in accordance with this policy.

5. Information we collect automatically as you use the service:

5.1 Connection Information

We log the IP addresses of everyone who accesses TalkWisely Pulse and its services. This data is used in order to mitigate abuse, debug operational issues, and monitor traffic patterns.

5.2 Our logs are kept for:

1. 30 days, for TalkWisely Services and Products
2. 180 days, for TalkWisely Pulse application
3. Location Information

We may collect location data if you use the static or live location-sharing features within the TalkWisely Pulse app. This includesthe GPS coordinates of the location you share and any text you include with the location share. This data is encrypted and only shared with the users you specify. We do not use your location data for any other purpose.

6. Cookies

We use cookies to operate and provide our Services, including to provide our Services that are web-based, improve your experiences, understand how our Services are being used, and customize our Services. For example, we use cookies to provide TalkWisely for web and desktop and other web-based services. We may also use cookies to understand which of our FAQs are most popular and to show you relevant content related to our Services. Additionally, we may use cookies to remember your choices, such as your language preferences, and otherwise to customize our Services for you.

7. Third-Party Information

We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Services. For example, we work with companies to distribute our apps, provide our infrastructure, delivery, and other systems, supply map and places information, process payments, help us understand how people use our Services, and market our Services. These providers may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues.

8. How We Use Information

We use all the information we have to help us operate, provide, improve, understand, customize, support, and market our Services.

9. Our Services

We operate and provide our Services, including providing customer support, and improving, fixing, and customizing our Services. We understand how people use our Services, and analyze and use the information we have to evaluate and improve our Services, research, develop, and test new services and features, and conduct troubleshooting activities. We also use your information to respond to you when you contact us.

10. Communications About Our Services

We communicate with you about our Services and features and let you know about our terms and policies and other important updates. We may provide you marketing for our Services.

11. No Third-Party Banner Ads

We still do not allow third-party banner ads on TalkWisely. We have no intention to introduce them, but if we ever do, we will update this policy.

12. Third-Party Providers

We work with third-party providersto help us operate, provide, improve, understand, customize, support, and market our Services. When we share information with third-party providers, we require them to use your information in accordance with our instructions and terms or with express permission from you.

13. Third-Party Services

When you use third-party services that are integrated with our Services, they may receive information about what you share with them. If you interact with a third-party service linked through our Services, you may be providing information directly to such third party. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

14. Deleting Your TalkWisely Account

You may delete your TalkWisely account at any time (including if you want to revoke your consent to our use of your information) using our in-app delete my account feature. When you delete your TalkWisely account, your undelivered messages are deleted from our servers as well as any of your other information we no longer need to operate and provide our Services. Be mindful that if you only delete our Services from your device without using our in-app delete my account feature, your information may be stored with us for a longer period. Please remember that when you delete your account, it does not affect the information other users have relating to you, such as their copy of the messages you sent them.

15. Law And Protection

We may collect, use, preserve, and share your information if we have a good-faith belief that it is reasonably necessary to:

• (a) respond pursuant to applicable law or regulations, to legal process, or to government requests;
• (b) enforce our Terms and any other applicable terms and policies, including for investigations of potential violations;
• (c) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues;
• (d) or protect the rights, property, and safety of our users, TalkWisely, or others.

16. Updates To Our Policy

We may amend or update our Privacy Policy. We will provide you notice of amendments to this Privacy Policy, as appropriate, and update the “Last Modified” date at the top of this Privacy Policy. Your continued use of our Services confirms your acceptance of our Privacy Policy, as amended. If you do not agree to our Privacy Policy, as amended, you must stop using our Services. Please review our Privacy Policy from time to time.

17. Contact Us

If you have questions about our Privacy Policy, please contact us at privacy@talkwisely.io

This Privacy Policy applies to all of our Services unless specified otherwise.

Please also read TalkWisely's Terms of Service, which describes the termsunder which you use our Services.

This Privacy Policy was last modified on May 11,2023.