Publish Date: 8/3/2020
All references to "us," "we," or "our" refer to TalkingChalks.com.
All references to "child" or "children" refer to children under the age of 13.
By accessing or otherwise using any of our sites & services, you consent to the terms contained in this privacy statement, including the collection, use, and disclosure of data as described below.
I. Information We May Ask You To Provide
Through our Sites & Services, we collect information about you and/or your student when you choose to provide it to us. For example, we collect information from you so you can use Sites & Services, purchase products and services, register for and obtain an account, request information, apply for a job, register for one of our programs, or verify your age. In general, we may ask you to provide us with the following types of information about you and/your student:
Contact information such as name, email address, mailing address, phone numbers (note to parents/guardians of children: if we have actual knowledge that a user is under 13 years old, the child will be asked to have his or her parent or guardian continue the registration process); Month, day, and year of birth; Gender preference; Course interests; Billing information such as credit card number and billing address; User names to third-party systems (for example, Facebook); Information provided on forums or chat rooms within our sites & services (note to parents/guardians of children: forums and chat rooms permit a child user to enter comments through which the child could provide personal information that would be visible to other users); Information included in résumés and job applications; and Health, any participation limitations or needs, immunization and allergy information. Note to Parents/Guardians: We only collect the information described above, from someone we know to be a child, after the child's parent or guardian provides us with verifiable consent, unless one of the limited exceptions discussed below applies. For more information and/or to review these limited exceptions, please see the "Our Commitment to Children’s Privacy" section below.
II. Information Collected Automatically
Cookies and other Tracking Technologies
sites & services do not recognize “Do Not Track” headers or similar mechanisms.
We may also collect geolocation information from your device so we can customize your experience on our sites & services. In most cases, you are able to turn off such data collection at any time by accessing the privacy settings of your device and/or through the settings in the applicable GPS application.
When we interact with you through our content on third party websites, applications, integrations or platforms, we may obtain any information regarding your interaction with that content, such as content you have viewed, and information about advertisements within the content you have been shown or may have clicked on.
Information from Third Party Services
We may also obtain other information, including personal information, from third parties and combine that with information we collect through our Websites. For example, we may have access to certain information from a third party social media or authentication service if you log in to our Services through such a service or otherwise provide us with access to information from the service. Any access that we may have to such information from a third party social media or authentication service is in accordance with the authorization procedures determined by that service. If you authorize us to connect with a third party service, we will access and store your name, email address(es), current city, profile picture URL, and other personal information that the third party service makes available to us, and use and disclose it in accordance with this Policy. You should check your privacy settings on these third party services to understand and change the information sent to us through these services. For example, you can log in to the Services using single sign-in services such as Facebook Connect or an Open ID provider.
III. Your Ability To Control Cookies And Similar Technologies
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. Check the “Tools” or “Help” tab on your browser to learn how to change your cookie and other tracking preferences.
If you choose to decline cookies, you may not be able to fully experience the functions of sites & services and/or some of our services will function improperly, in particular the inability to log in or manage items in your shopping cart. We do not share cookie data with any third parties.
IV. How We May Use Your Information
We may use the information we collect from and about you and/or your student for any of the following purposes:
Allow you to register yourself or your student with sites & services, or to otherwise register and open an account with us; Allow you and/or your student to use sites & services; Fulfill orders, process payments, and prevent transactional fraud; Respond to your or your student’s requests or inquiries; Provide you or your student with information about our products and services; Consider you for employment or a volunteer opportunity; Register you or your student in one of our programs; Verify your student's age; Monitor and improve sites & services, support the internal operations of sites & services, personalize your online experience, and for internal analysis; Protect the security or integrity of sites & services and our business; Facilitate the sale or potential sale of our business or any of our assets; or As required by law. V. How We Share Information
We do not sell or otherwise share your or your student’s information with any third parties, except for the limited purposes described below. Parents/guardians of children under the age of 13 have the option of consenting to the collection and use of their child's personal information without consenting to the disclosure of that information to certain third parties.
1. Law Enforcement And Safety
We may access, preserve, and/or disclose the information we collect and/or content you and/or your student/child provides to us (including information posted on our forums) to a law enforcement agency or other third parties if required to do so by law or with a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms and Conditions of sites & services; (iii) respond to claims that the content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of the owners or users of sites & services, a third party, or the general public. We also may disclose information whenever we believe disclosure is necessary to limit our legal liability; to protect or defend our rights or property; or protect the safety, rights, or property of others.
2. Service Providers
Information collected through sites & services may be transferred, disclosed, or shared with third parties engaged by us to handle and deliver certain activities, such as housing, meals, payment processing, mail/email distribution, software providers, and to perform other technical and processing functions, such as maintaining data integrity, programming operations, user services, or technology services. We may provide these third parties information collected as needed to perform their functions, but they are prohibited from using it for other purposes and specifically agree to maintain the confidentiality of such information. Some of these providers, such as payment processors, may request additional information during the course of offering their services. Before you provide additional information to third party providers, we encourage you to review their privacy policies and information collection practices.
3. Business Transfer
During the normal course of our business, we may sell or purchase assets. If another entity may acquire and/or acquires us or any of our assets, information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties. Should a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information provided through our sites & services in a manner that is consistent with this privacy statement.
VI. Our Commitment To Children’s Privacy
Protecting the privacy of children is paramount. We understand that users and visitors of our sites & services who are under 13 years of age need special safeguards and privacy protection. It is our intent to fully comply with the Children's Online Privacy Protection Act (COPPA).
Our sites & services are intended for general audiences. We do not knowingly permit anyone under 13 years of age to provide us with personal information without obtaining a parent's or guardian’s verifiable consent, except where:
the sole purpose of collecting the name or online contact information of a parent or child is to provide notice and obtain parental consent; the purpose of collecting a parent’s online contact information is to provide voluntary notice to, and subsequently update the parent about, the child’s participation in our sites & services that do not otherwise collect, use, or disclose childrens' personal information; the sole purpose of collecting online contact information from a child is to respond directly on a one-time basis to a specific request from the child, and where such information is not used to re-contact the child or for any other purpose, is not disclosed, and is deleted by us promptly after responding to the child’s request; the purpose of collecting a child’s and a parent’s online contact information is to respond directly more than once to the child’s specific request, and where such information is not used for any other purpose, disclosed, or combined with any other information collected from the child; the purpose of collecting a child’s and a parent’s name and online contact information, is to protect the safety of a child, and where such information is not used or disclosed for any purpose unrelated to the child’s safety; we collect a persistent identifier and no other personal information and such identifier is used for the sole purpose of providing support for the internal operations of sites & services; or otherwise permitted or required by law. If we receive the verifiable consent of a child's parent or guardian to collect, use, and/or disclose the child's information, we will only collect, use, and disclose the information as described in this privacy statement. Some features of our sites & services permit a child user to enter comments, such as forums and chat rooms, through which the child could provide personal information that would be visible to other users. If you are the parent or guardian of a child user, please advise your child of the risks of posting personal information on this sites & services or any other site.
VII. Parental/Guardian Rights
If you are a parent or guardian, you can review or have deleted your child's personal information, and refuse to permit further collection or use of your child's information. To exercise any of these rights, please email us at [email protected] or call us at: 1-425-458-2880
VIII. Restrictions On Child Users
Children under 13 years of age are prevented from accessing areas of sites & services which include, but are not restricted to, client account information, unless approved by their parent or guardian and any course content defined as age inappropriate by the Entertainment Software Rating Board (ESRB).
IX. Forums And Chats
We may offer forums and chat rooms. Please be aware that anyone may read postings on a forum or in a chat room. Furthermore, any information which is posted to a forum or chat room could include personal information, which would be disclosed and available to all users of that forum or chat room, and is therefore no longer private. We cannot guarantee the security of information that any user discloses or communicates online in public areas such as forums and chat rooms. Those who do so, do so at their own risk. We reserve the right to monitor the content of the forums and chat rooms. If age-inappropriate content or potentially identifiable information is seen, it may be removed or edited by us for security, privacy, and/or legal reasons. We will not republish postings from forums or chat rooms anywhere on the Web.
X. Links And Third Parties
At our discretion, we may include or offer third-party websites, products, and services on sites & services. These third-party sites, products, and services have separate and independent privacy policies. You should consult the respective privacy policies of these third parties. We have no responsibility or liability for the content and activities of linked sites, products, or services.
Our sites & services may contain links to other third-party websites, chat rooms, or other resources that we provide for your convenience. These sites are not under our control, and we are not responsible for the content available on other sites. Such links do not imply any endorsement of material on our part and we expressly disclaim all liability with regard to your access to such sites. Access to any other websites linked to from sites & services is at your own risk.
XI. International Visitors
Our sites & services are operated and managed on servers located in the United States. If you choose to use our sites & services from the European Union or other regions of the world with laws governing data collection and uses that differ from the United States, then you recognize and agree that you are transferring your personal information outside of those regions to the United States and you consent to that transfer.
XII. Data Security Commitment
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place reasonable physical, electronic, and managerial procedures to safeguard and secure the information we collect. We also use Secure Sockets Layer (SSL) protocol on your account information and registration pages to protect sensitive personal information. Sensitive data is encrypted on our sites & services and when stored on the servers.
XIII. How You Can Access, Request A Copy, Correct, Or Ask For Information To Be Deleted
Access to certain personal Information that is collected from our Services and that we maintain may be available to you. For example, if you created a password-protected account within our Service, you can access that account to review the information you provided.
You may also send an email or letter to the following email or call the number provided to ask for a copy, correct, or ask us to delete your personal Information. Please include your registration information for such services, such as first name, last name, phone and email address in the request. We may ask you to provide additional information for identity verification purposes, or to verify that you are in possession of an applicable email account.
Email: [email protected] Phone: 1-425-458-2880
XIV. How To Contact Us/Opting Out Of Electronic Communications
If you have signed up to receive text messages from us and no longer wish to receive such messages, you may call or email us at the address provided below. Please provide your name, account email, and the number(s) you want removed.
Email: [email protected] Phone: 1-425-458-2880
XIII. Terms And Conditions
Your use of our sites & services, and any information you provide on our sites & services, are subject to the terms of the TalkingChalks.com Terms and Conditions.
XIV. Privacy Statement Changes
We will occasionally amend this privacy statement. We reserve the right to change, modify, add, or remove portions of this statement at any time. If we materially change our use of your personal information, we will announce such a change on relevant sites & services, and will also note it in this privacy statement. The effective date of this privacy statement is documented at the beginning of the statement. If you have any questions about our privacy statement, please contact us in writing at [email protected]
XV. Your Credit Card Information And Transactions
For your convenience, you may have us bill you or you can pay for your orders by credit card. If you choose to pay by credit card, we will keep your credit card information on file, but we do not display that information at the online registration site. For your security, your credit card security number is not stored in our system.
We use state-of-the-art Secure Socket Layer (SSL) encryption technology to safeguard and protect your personal information and transactions over the internet. Your information, including your credit card information, is encrypted and cannot be read as it travels over the Internet.
XVI. Social Networking Disclaimer
Talking Chalks provides several opportunities for social networking for both participants and staff on sites such as Facebook, Instagram, Twitter, Flickr, and YouTube. These sites are not affiliated with Talking Chalks and offer their own individual social networking services. Please read the following Terms and Conditions carefully, as well as the Terms and Conditions of the sites in which Talking Chalks has created a forum ("Group"). These Terms and Conditions are a legal agreement between you and Talking Chalks and apply to you whether you are a visitor to these sites or any site with an official Talking Chalks affiliation.
Talking Chalks is a member of several pre-existing sites (as mentioned above). There may be, however, portions of www.talkingchalks.com that include areas where participants can post submissions. Any of the above-mentioned "Sites" (or other similar sites) have their own distinct rules and regulations. Talking Chalks reserves the right to take action to remove any content deemed inappropriate by the sites or by Talking Chalks standards. Talking Chalks will not be held liable for any loss of content or disagreements that may arise between the individual social networking site and the user.
You understand that by registering for an Talking Chalks program, your participant(s) may access and upload content to social networking sites. In order to access certain features of the social networking sites or pages on iDTech.com, and to post Member Submissions, the majority of these sites require that the user open an account with them. Please note that these sites have their own individual Terms and Conditions that must be followed. Age requirements are outlined within each Site's Terms and Conditions. You hereby authorize your participant to access social networking sites while at camp and create an account if they choose to do so and if they meet the requirements listed by each site to create an account.
Interaction with other users:
Talking Chalks is merely providing a medium in which to socialize online with fellow participants. Users are solely responsible for interactions (including any disputes) with other Members and any volunteers that may advise and assist participants with projects and activities via your use of the iD Site & Services. You understand that Talking Chalks does not in any way screen Members or review or police: (i) statements made by Members in their Member Submissions or the Member Submissions in general; or (ii) statements made by Users or any information a User may provide via the iD Site & Services. You understand that your participant(s) is solely responsible for, and will exercise caution, discretion, common sense, and judgment in using the various sites & services and disclosing personal information to other Members or Users. On behalf of your participant(s), you agree that they will take reasonable precautions in all interactions with other Members, particularly if they decide to meet a Member offline or in person. Your participant's use of the social networking sites with which Talking Chalks is affiliated, their services, and/or Content and Member Submissions, is at your sole risk and discretion and Talking Chalks hereby disclaims any and all liability to you or any third party relating thereto. On behalf of your participant(s), you agree that they will not harass, threaten, intimidate, bully, stalk, or invade the privacy of any individual in connection with your use of the social networking sites with which Talking Chalks is affiliated and their services, whether or not an individual is an Talking Chalks Member; and you further agree not to advocate such activities or to encourage others to engage in any such activities. On behalf of your participant(s), you agree they will not give their social networking information to a Talking Chalks staff member. You and your participant(s) should also be aware that under no circumstances are Talking Chalks employees allowed to give personal contact information for social networking sites. This must be arranged by the participant's parent/guardian through the People Services Department. XVII. Copyright & Intellectual Property Policy:
You agree that you and your participant will not use the social networking sites to offer, display, distribute, transmit, route, provide connections to, or store any material that infringes copyrighted works, trademarks, or service marks or otherwise violates or promotes the violation of the intellectual property rights of any third party. Talking Chalks has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the intellectual property or proprietary rights of others.
BY USING THE SOCIAL NETWORKING SITES OR SUBMITTING A MEMBER SUBMISSION, YOU AGREE THAT TALKING CHALKS IS NOT RESPONSIBLE, AND WILL IN NO EVENT BE HELD LIABLE, FOR ANY: (A) LOST, ILLEGIBLE, MISDIRECTED, DAMAGED, OR INCOMPLETE MEMBER SUBMISSIONS; (B) COMPUTER OR NETWORK MALFUNCTION OR ERROR; (C) COMMUNICATION DISRUPTION OR OTHER DISRUPTIONS RELATED TO INTERNET TRAFFIC, A VIRUS, BUG, OR WORM OR NON-AUTHORIZED INTERVENTION; OR (D) DAMAGE CAUSED BY A COMPUTER VIRUS OR OTHERWISE FROM YOUR ACCESS TO THE SITE OR SERVICES. THE SITE, SERVICES, TALKING CHALKS CONTENT AND MEMBER SUBMISSIONS ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. TALKING CHALKS, AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE SITE, SERVICES, TALKING CHALKS, CONTENT AND MEMBER SUBMISSIONS, WHETHER THE PROVISION OF SERVICES OR YOUR SUBMISSION OF A MEMBER SUBMISSION WILL PRODUCE ANY LEVEL OF PROFIT OR BUSINESS FOR YOU OR LEAD TO ECONOMIC BENEFIT, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, TALKING CHALKS MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.