The Conversationalist

Privacy policy

The Conversationalist SM Privacy Policy

The Conversationalist, LLC (“Company”, “we”, and/or “us”), uses and stores information that you provide to Company when you use or access: (i) The Conversationalist SM website (the “Website”), found at www.theconversationalist.com; and (ii) The Conversationalist SM sites, social media accounts, podcasts, videos, articles, services, products, instructions, software, and content provided by Company to its community (singly and collectively, the “Services”).  Company is committed to ensuring that your privacy is protected.  Please read The Conversationalist SM Privacy Policy (“Privacy Policy”) before using the Website or Services (collectively, “The Conversationalist SM Products”).  By using The Conversationalist SM Products, you consent to this Privacy Policy and agree to The Conversationalist SM Terms of Use Agreement (the “Terms”), found here

  1.  Information We Collect & How We Use It


Company may collect personal information in order to make The Conversationalist SM Products work as well as possible.  To give you the best possible experience in using The Conversationalist SM Products, we may collect information directly from you and/or your interactions with our Website and Services.  Such information may include records of your interactions, your Internet Protocol address, information about your device (such as device or browser type), and referral information (how you got to a particular page).

We use this information to: (i) provide, test, improve, promote, and personalize The Conversationalist SM Products; (ii) fight spam and other forms of abuse; and (iii) conduct research and generate information about how people use The Conversationalist SM Products.

For example, the following is some of the personal information we may collect: 

  • First and Last Name (including Display Name)
  • Age
  • School
  • Phone Number
  • E-mail address
  • IP Address 
  • Usage Data
  • Current Occupation
  • Description of user’s racial, ethnic, cultural, and religious backgrounds
  • Political affiliation
  • Audio and Visual Information
  • Inferences drawn from the above categories to create a profile for you


By consenting to this Privacy Policy and using The Conversationalist SM Products, you authorize Company to transfer, store, and use your information within the United States and any other country where we operate. 


  1. Marketing and Advertising 


From time-to-time we may contact you with information about The Conversationalist SM Products, as well as other brands’ products and services who have retained Company to perform research and/or coordinate focus groups in a consulting role for such brands.  Such correspondence may include sending you marketing or advertising messages and asking for your feedback on The Conversationalist SM Products other brands’ products and services. For some marketing or advertising messages, we may use personal data we collect about you to help us determine the most relevant marketing or advertising information to share with you. We will only send you marketing or advertising messages if you have given us your consent to do so, including, but not limited to, accepting the terms of this Privacy Policy when requesting to be part of The Conversationalist community.  You may opt-out of receiving marketing or advertising messages at any time by clicking on the unsubscribe link at the bottom of our marketing or advertising emails, texting STOP to any SMS message (messaging and data rates may apply), or by contacting Company at contact@theconversationalist.com.


  1. Information Disclosure


Sharing Data 

Users of The Conversationalist SM Products agree that Company can share your user data and information with our partners, affiliates, service providers, and/or other third parties with a contractual relationship with Company.  For example, The Conversationalist uses service providers and/or third parties to assist Company in providing The Conversationalist SM Products to you.  Such service providers include:

If Company is sold or participates in a merger or consolidation, and Company’s user data is one of the assets involved in the sale, your personal information will be part of this sale or transfer. 

Company may also share your information to third parties in some circumstances, including: (i) with your consent; (ii) to a service provider, partner, and/or third party who meets our data protection standards and/or Company has a contractual relationship with; (iii) when Company has a legitimate interest in sharing the information; (iv) when we have a good faith belief it is required by law, such as pursuant to a subpoena or other legal process; (v) to enforce or apply the Privacy Policy and the Terms, including collection purposes; and/or (vi) when we have a good faith belief that doing so will help protect the rights, property, or safety of Company, Company’s customers, or others.   

If we are going to share your information in response to legal process, we will give you notice so you can challenge it, unless we are prohibited by law or believe doing so may endanger others or cause illegal conduct.  We will object to legal requests for information about users of The Conversationalist SM Products that we believe are improper. 

Selling Data

Users of The Conversationalist SM Products agree that Company can sell your user data and information to third parties with a contractual relationship with Company.  Company has shared some of its user’s personal information with third parties Company has a contractual relationship with for monetary value within the past twelve (12) months.   

Do Not Sell My Personal Information

You may direct us to not sell your personal information at any time by emailing us at contact@theconversationalist.com the subject line “Opt-Out Request”.  Please find our “Do Not Sell My Personal Information” page here.  

  1. Data Storage


Our customers’ data resides in different databases depending on which The Conversationalist SM Product is being used.  Company also uses third-party vendors and hosting partners for hardware, software, networking, storage, and related technology we need to operate The Conversationalist SM Products.  

  1. Data Retention


Company will usually store the personal data we collect about you for no longer than necessary for the purposes for which it was collected, including (i) during the duration of your use of The Conversationalist SM Products, unless you request that we delete your information sooner; (ii) for the purposes of satisfying any legal or reporting requirements; and/or (iii) in accordance with our legal obligations and legitimate business interests. 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 the applicable legal requirements.

  1. Third Party Materials & Services


Other materials and services provided by third parties are governed by separate agreements accompanying such materials and services. Company offers no guarantees and assumes no responsibility or liability of any type with respect to the third-party materials and/or services, including, without limitation, any liability resulting from incompatibility between a third-party service or material and The Conversationalist SM Products. You agree that you will not hold Company responsible or liable with respect to any third-party materials and/or services.

  1. Links to Third-Party Sites


The Conversationalist SM Products may include links that will take you to other third-party sites. The linked sites are provided by Company to you as a convenience and the inclusion of the links do not imply any endorsement by Company of any linked site. Company has no control of the linked sites and you agree that Company is not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to a linked site. You further agree that Company is not responsible for any form of transmission (e.g. webcasting) received from any linked site.  Company encourages you to exercise caution and look at the privacy policy applicable to the website in question.

  1. Social Media Integration


The Conversationalist SM Products may contain links to and from social media platforms. On occasion, you may choose to connect to us through a social media platform, such as Facebook, Twitter, Instagram, Google, etc. When you do, we may collect additional information from or about you, such as your screen names, profile picture, contact information, contact list, and the profile pictures of your contacts, through the social media platform.  Please be advised that social media platforms may also collect information from you. When you click on a social plug-in, such as Facebook’s “Like” button, Twitter’s “tweet” button, or the Google+, that particular social network’s plugin could be activated and your browser may directly connect to that provider’s servers. We do not have control over the collection, use, or sharing practices of social media platforms. We therefore encourage you to review their usage and disclosure policies and practices, including their data security practices, before using the social media platforms.


  1. Third-Party Embeds


When commenting on a post, story, or other transmission on The Conversationalist SM Products, you may not embed a form that allows submission of personal information by users. 

Some of the content that you may see displayed on The Conversationalist SM Products is not hosted by Company.  These “embeds” are hosted by a third party and embedded in a The Conversationalist SM Product, so that it appears to be part of the The Conversationalist SM Product.  For example: YouTube or Vimeo videos, Imgur or Giphy gifs, SoundCloud audio files, Twitter tweets, GitHub code snippets, or Scribd documents may appear within a The Conversationalist SM Product.  These files send data to the hosted site just as if you were visiting that site directly (for example, when you load a The Conversationalist SM post with a YouTube video embedded in it, that video appears because of a pointer to files hosted by YouTube, and in turn YouTube receives data about your activity, such as your IP address and how much of the video you watch).

Company does not control what data third parties collect in cases like this, or what they ultimately do with it.  Third-party embeds on The Conversationalist SM Products are not covered by this Privacy Policy or the Terms.  Instead, they are covered by the privacy policy of the applicable third-party service. 

Some embeds may ask you for personal information, such as submitting your email address, through a form linked to a The Conversationalist SM post or other transmission.  We do our best to keep bad actors off of The Conversationalist SM Products.  However, if you choose to submit your information to a third party this way, we do not know what they may do with it.  Please be careful when you see embedded forms on The Conversationalist SM Products asking for your email address or any other personal information.  Make sure you understand who you are submitting your information to and what they say they plan to do with it.  We suggest that you do not submit your email address or other personal information to any third party through an embedded form.

  1. Tracking & Cookies


Company may use browser cookies and similar technologies to recognize you when you return to The Conversationalist SM Products. A cookie is a small file of information placed on your computer.  Company uses cookies to understand site analytics to improve features of our The Conversationalist SM Products, tailor content, and enhance user experience.

Some third-party vendors and services that we use to provide The Conversationalist SM Products may place their own cookies in your browser. The Privacy Policy and Terms cover use of cookies by Company only, if applicable, and not the use of cookies by third parties.

  1. Who Can Access My Content?


By default, all stories and other content that you create and submit to Company are private.  Once Company uploads your stories and other content to any The Conversationalist SM Product, it will become public and other users will have access to view those specific stories and content.     


  1. Accessing and Correcting Your Information

You can review and change your personal information by logging into your profile through the applicable The Conversationalist SM Product or service provider used by Company and visiting your account profile page or settings page.


You may also send us an e-mail at contact@theconversationalist.com to request access to, correct, or delete any personal information that you have provided to us. We may not be able to delete your personal information except by also deleting your user account. We also may not accommodate a request to change information if we believe the change would violate any law or legal requirement, or cause the information to be incorrect.


  1. Children Under the Age of 13

The Conversationalist SM Products are not intended for children under 13 years of age. No one under the age of 13 may provide any personal information to, or on, any The Conversationalist SM Product. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on The Conversationalist SM Products, or on or through any of the features/functionality, make any purchases through any The Conversationalist SM Product, use any of the interactive, transmittal, or public comment features that may be available on any The Conversationalist SM Product, or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or username you may use. 


If we learn that we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at

contact@theconversationalist.com.


  1. Do Not Track

Do Not Track is a preference you can set in your browser to let websites you visit know that you do not want them collecting certain information about you. We do not currently respond to, or honor, Do Not Track signals or requests from your browser.


  1. EU-Specific Disclosures

For individuals located in the European Union (“EU”), we are committed to processing your personal data in compliance with the General Data Protection Regulation (“GDPR”) and other applicable privacy laws. This section contains disclosures on how we collect, store, process, transfer, share, and use data that identifies or is associated with residents of EU member states. These EU Disclosures apply solely to residents of EU member states. Unless otherwise expressly stated, all terms in this section have the same meaning as defined in the GDPR. Company is the controller of the personal data we hold about you in connection with your use of The Conversationalist SM Products.


Data We Collect and How We Use It


We collect personal data as set out in Section A Information We Collect & How We Use It above.  We will indicate to you where the provision of certain personal data is mandatory.  If you choose not to provide such personal data, we may not be able to provide those parts of The Conversationalist SM Products to you or respond to your other requests.


Information We Collect About You Automatically 


Please see Section A Information We Collect & How We Use It above.


How Long Will We Store Your Personal Data

 

Please see Section E Data Retention above.

Lawful Basis of Processing 


We collect and process your personal data for purposes set forth in this Privacy Policy. Where required by law, we obtain your consent to use and process your personal data for these purposes. Otherwise, we rely on another authorized legal basis (including, but not limited to, the (i) performance of a contract or (ii) legitimate interest) to collect and process your personal data.


Recipients of Personal Data 


We may share your personal data with the recipients as set out in Section C Information Disclosure above.


Marketing and Advertising

 

From time-to-time we may contact you for promotional purposes as set out in Section B Marketing and Advertising above.


International Transfers of Your Personal Data


The personal data we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we and our third-party service providers have operations, including in the United States.  If you are accessing our Website from your country, your personal data will be processed outside your jurisdiction.  The Conversationalist closely monitors developments and guidance from both European and U.S. regulatory authorities and will update these EU Disclosures as needed. If you wish to enquire further about these safeguards used, please contact us at contact@theconversationalist.com.

 

Your Privacy Rights 


In accordance with applicable privacy law, you have the following privacy rights in connection with your personal data that we hold: (i) Right of access; (ii) Right of portability; (iii) Right to rectification; (iv) Right to erasure; (v) Right to restriction; (vi) Right to withdraw consent; and (vii) Right to object.  You also have the right to lodge a complaint to your local data protection authority. 


If you wish to exercise one of these rights, please submit a request to The Conversationalist by emailing contact@theconversationalist.com with the subject line “European Rights Request”.


Due to the confidential nature of data processing we may ask you to provide proof of identity when exercising the above rights.


  1. California Residents

If you are a California resident, you may have certain rights under California law, including the California Consumer Privacy Act (“CCPA”).  All phrases used in this Section P California Residents have the same meaning as those phrases used under relevant California law, including the CCPA.

Right to Know

You have a right to know:

  • The categories of personal information we have collected about or from you;
  • The categories of sources from which we collected your personal information;
  • The business or commercial purpose for collecting or sharing your personal information;
  • The categories of third parties with whom we have shared your personal information; and
  • The specific pieces of your personal information we have collected.


Process To Submit A Request. To submit a verified request for this information you may email contact@theconversationalist.com with the subject line “California Rights Request”. You may also designate an authorized agent to submit a request on your behalf by emailing contact@theconversationalist.com with the subject line “California Rights Request” and then also submitting written proof of such authorization via e-mail to  contact@theconversationalist.com.  

Verification Method. In order to ensure your personal information is not disclosed to unauthorized parties, and to protect against fraud, we will verify your identity before responding to your request. To verify your identity, we will generally match the identifying information provided in your request with the information we have on file about you. Depending on the sensitivity of the personal information requested, we may also utilize more stringent verification methods to verify your identity, including requesting additional information from you and/or requiring you to sign a declaration under penalty of perjury.

Right of Deletion

You have a right to request that we delete the personal information we have collected from or about you.

Process To Submit A Request. To submit a verified request to delete your personal information, you may email contact@theconversationalist.com with the subject line “California Rights Request”. You may also designate an authorized agent to submit a request on your behalf by emailing contact@theconversationalist.com with the subject line “California Rights Request” and then also submitting written proof of such authorization via e-mail to  contact@theconversationalist.com

Verification Method. In order to ensure we do not inadvertently delete your personal information based on a fraudulent request, we will verify your identity before we respond to your request. To verify your identity, we will generally match the identifying information provided in your request with the information we have on file about you. Depending on the sensitivity of the personal information requested to be deleted, we may also utilize more stringent verification methods to verify your identity, including but not limited to requesting additional information from you and/or requiring you to sign a declaration under penalty of perjury.


Disclosure and Sharing; Sales

Occasionally, we may sell or disclose your personal information to a third party when we are engaged to perform services for that third party.  For example, Company may be engaged to conduct focus groups or research on behalf of the third party pursuant to an agreement. You have the right to opt-out of such sales and request Company not to share your information.  We request the third party to use commercially reasonable efforts and best practices to protect your personal information from improper use, unsecure storage, data breaches, and/or further disclosure not contemplated permitted under applicable privacy laws.  

In the preceding twelve (12) months, Company has disclosed the following categories of personal information for business purposes: (i) identifiers; (ii) customer records; (iii) protected classification characteristics under California or federal law; (iv) commercial information; (v) internet or other similar network activity; (vii) geolocation data; (viii) professional or employment-related information; and (xi) inferences drawn from other personal information. We share your personal information for business purposes with certain types of third parties, including our service providers, vendors, and clients, which include Airtable, Geneva, Mailchimp, Typeform, and SimpleTexting.

You may direct us to not sell your personal information at any time by emailing us at contact@theconversationalist.com the subject line “Opt-Out Request”.  You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.  Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales.  Please find our “Do Not Sell My Personal Information” page here.  

Opt-Out and Opt-In Rights

Age 16 and Older.  If you are 16 years of age or older, please see the opt-out information in the Disclosure and Sharing; Sales Section immediately above. 

Under Age 16.  We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. If you or your parent or guardian choose to opt-in to personal information sales, you or your parent or guardian may still opt-out of future sales at any time. To opt-out, you (or your authorized representative) may submit a request to us by emailing us contact@theconversationalist.com with the subject line “Opt-Out Request”.  Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Right of Non-Discrimination

Company will not discriminate against you if you choose to exercise your rights under the CCPA.  Unless permitted by the CCPA, Company will not:

  • Deny you goods or services, unless providing some personal information is necessary for us to perform a contract with you or provide Services that you requested
  • Charge you different prices for goods or services
  • Provide you with a different level or quality of goods or services 
  • Make suggestions that we may do any of the above

California Minors

If you are a California resident under the age of 18, California Business and Professions Code § 22581 permits you to request and obtain removal of content or information you have publicly posted on any of our applications, Website, or social media accounts. To make such a request, please send an email with a detailed description of the specific content or information to contact@theconversationalist.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and there may be circumstances in which the law does not require or allow removal even if requested.

Collection Notice

The following is a list of the categories of personal information we may have collected about California residents in the twelve months preceding the date this Privacy Policy was last updated, including (i) the business or commercial purpose for said collection, (ii) the categories of sources from which we may have collected the personal information, and (iii) the categories of third parties with whom we may have shared the personal information:

Categories of Personal Information Collected.  The categories of personal information we have collected include, but may not be limited to:

  • First and Last Name (including Display Name)
  • Age
  • School
  • Phone Number
  • E-mail address
  • IP Address (for general statistics on usage and abuse prevention)
  • Current Occupation
  • Description of user’s racial, ethnic, cultural, and religious backgrounds
  • Political affiliation
  • Audio and Visual Information
  • Inferences drawn from the above categories to create a profile about a consumer


Categories of Sources.  Categories of sources from which we’ve collected personal information include, but may not be limited to:

  • you directly
  • public records
  • governmental entities
  • non-affiliated third parties
  • social media networks
  • affiliated third parties


Business Purpose for Collection.  The business purposes for which we’ve collected personal information include, but may not be limited to:

  • To fulfill the reason you provided the information; to provide you with support; and to respond to your inquiries.
  • To provide, support, personalize, and develop The Conversationalist SM Products.
  • To maintain the safety, security, and integrity The Conversationalist SM Products, databases and other technology assets, and business.
  • To create, maintain, customize, and secure your account with Company.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To personalize your experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
  • For testing, research, analysis, and product development, including to develop and improve The Conversationalist SM Products.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental
  • As described to you when collecting your personal information or as otherwise set forth in the
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company is among the assets transferred.


Categories of Third Parties Shared.  The categories of third parties with whom we’ve shared personal information include, but may not be limited to:

  • advertising networks
  • internet service providers
  • data analytics providers
  • service providers
  • government entities
  • operating systems and platforms
  • social media networks
  • non-affiliated third parties
  • affiliated third parties


Response to Your Request


Once verified, we will work to respond to your request within forty-five (45) days of receipt. If we require more time (up to ninety 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

  1. Other Privacy Regulations

Company is located in the United States (US).  When you provide us with your personal data, you consent to its transfer from your location to the US.


For individuals located in countries with privacy regulations granting them additional rights over their personal data, we strive to honor the following rights with respect to your personal data: (i) to access and receive a copy of your personal data; (ii) to correct it if it contains errors; (iii) to erase it in certain circumstances; (iv) to limit the processing of your personal data; (v) to transfer it to a third-party; (vi) to object or revoke consent to the processing of your personal data; (vii) to file a complaint if you believe your rights have been violated.  Please contact us at contact@theconversationalist.com if you would like to exercise any of your rights.


  1. Changes and Updates to Our Privacy Policy

If we decide to change our privacy policy, we will post those changes on the Website and/or send electronic notice of upcoming changes.


  1. Questions?

If you still have questions after our review this Privacy Policy and the Terms, feel free to email us at contact@theconversationalist.com.