CLICK HERE FOR PRIVACY POLICY

 Effective Date: October 25, 2018

Welcome to VocaliD®. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (including the mobile applications) related to VocaliD and The Human Voicebank (collectively, the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@vocaliD.ai or write to us at 50 Leonard Street, Belmont, MA 02478.

These Terms of Use (the “Terms”) are a binding contract between you and VocaliD, Inc. (“VocaliD,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS YOU ARE AGREEING TO MANDATORY ARBITRATION AND YOU AND VOCALID® ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

What do I need to know about contributing my vocal content?

Once you record your vocal content, your contribution is irrevocable and it may be used by VocaliD® or its affiliates for scientific research, the development of products (including those intended for speech impaired individuals) and for other commercial purposes not yet known. We’re excited about the science behind VocaliD’s Human Voicebank, but please note that there can be no guarantee as to any outcome from any use of your vocal content. Contributing your vocal content does not guarantee that VocaliD® will use it to create a synthetic voice for another individual; however, if we do, we will endeavor to blend your recordings with other audio samples or use algorithms so that your voice may not be readily personally identifiable when used by such individual. If you want to learn more about the process of contributing your vocal content, visit http://www.vocalid.ai/voicebank.

Because your Vocal Content is personally identifying, it is particularly unique to you, and it is considered biometric data. We take special precaution when dealing with your biometric data because we understand its importance. Your rights regarding use and disclosure of your Vocal Content are further described in the Biometric Written Consent that you will need to sign prior to contributing your vocal content.  

Voice is a multidimensional signal that reflects aspects of personality and well-being. As science advances, there may be information in your recordings related to your health and wellness, such as indicators that you have or are developing a speech and/or voice impairment. We have no obligation to notify you of the presence of any such information.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the www.vocalid.co website, by sending you an email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

VocaliD® takes the privacy of its users very seriously. For the current VocaliD Privacy Policy, please visit https://vocalid.ai/terms-privacy/#privacy.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from a child under 13 without obtaining verifiable consent from that child’s parent or guardian (“Parental Consent”), except for the limited amount of personally identifiable information we need to collect in order to obtain Parental Consent (“Required Information”). Additionally, we do not knowingly collect or solicit personally identifiable  information from anyone under the age of 16 in countries subject to the EU General Data Protection Regulation (the “GDPR”), unless exempted by individual country exceptions, without obtaining verifiable Parental Consent, except for the limited amount of Required Information we need in order to obtain Parental Consent. Until we have received Parental Consent, we will only use Required Information for the purpose of obtaining Parental Consent. If you are a child under 13, or under 16 where applicable, please do not attempt to send any personal information about yourself to us before we obtain Parental Consent, except for the Required Information in the context of the Parental Consent process. If you believe that a child under 13, or under 16 where applicable, has provided us with Personal Data (beyond the Required Information) without our obtaining Parental Consent, please contact us at support@vocalid.ai. We do not condition participation in our Services on disclosure of more Personal Data from a child under 13, or under 16 where applicable, than is reasonably necessary for that participation, and we do not retain Personal Data from children under 13, or under 16 where applicable, longer than is reasonably necessary in order to fulfill the purpose for which it was disclosed.

What are the basics of using VocaliD®?

You may be required to sign up for an account, and select a password and username (“VocaliD® User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your VocaliD® User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). You will only use the Services for your own internal, personal, non-commercial use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Personal Data or Vocal Content (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

• (a) Infringes or violates the intellectual property rights or any other rights of anyone else (including VocaliD®);
• (b) Violates any law or regulation, including any applicable export control laws;
• (c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• (d) Jeopardizes the security of your VocaliD® account or anyone else’s (such as allowing someone else to log in to the Services as you);
• (e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
• (f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
• (g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
• (h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
• (i) Copies or stores any significant portion of the Content;
• (j) Decompiles, reverse engineers or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in VocaliD®?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, Vocal Content (as defined below), and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. For clarity, our Content includes the words, phrases, and sentences (the “Script”) that we ask you to speak in connection with using the Services to provide your Vocal Content to VocaliD®. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including VocaliD®’s) rights.

You understand that VocaliD® owns all rights, title, and interests in and to the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

VocaliD®, the VocaliD® logos and all VocaliD® product and service names including The Human Voicebank are trademarks of VocaliD®.

Do I have to grant any rights or licenses to VocaliD®?

When you record vocal content using the Services or provide us with other content or information, you grant us certain rights in that content.

For all vocal content you record and upload through the Services (“Vocal  Content”) and for all other content or information you provide through the Services (“Personal Data ”, and collectively with Voice Content, “Submitted Content”), you hereby grant VocaliD® a royalty-free, perpetual, sublicensable, irrevocable, and worldwide license to perform, modify, adapt, create derivative works, reproduce, and distribute, as well as all other rights necessary to use and exercise all rights in that Submitted Content  and otherwise fully utilize and exploit such Submitted Content, in each case to enable us to operate the Services, as described in more detail below, and always subject to our Privacy Policy located at https://vocalid.ai/terms-privacy/#privacy. The rights you grant will remain in effect even if you stop using the Services or terminate these Terms or your account.

You grant the above rights notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world and expressly authorize VocaliD® (and its agents, consultants, and employees) to: (i) record, tape, and otherwise record you and your voice, (ii) use your voice and likeness, in connection with its business, products and services and to allow others to do the same and (iii) use, reproduce, disseminate, alter, edit, dub, modify, distort, add to, subtract from, and otherwise exploit your Vocal  Content or derivatives or extensions or imitations thereof in any manner that VocaliD® sees fit, in any medium or technology now known or hereinafter invented in perpetuity. Without limiting the scope of any license or release you grant to VocaliD® you acknowledge and agree that VocaliD® may combine your Vocal Content with the vocal content of other individuals to create one or more “synthetic voices” and the results of that combination may be used by others to facilitate their public and private communications. Your Vocal Content, however, will not be disclosed or distributed on a standalone (i.e., uncombined) basis without your prior consent.

In addition to the foregoing, you also agree as follows: VocaliD®’s rights and license to use your Vocal Content shall apply and be binding on you regardless of the manner in which your Vocal Content is recorded and delivered to VocaliD® (such as, for example, by using our mobile Application or web-based Services and/or by using your own or any third party’s equipment or facilities); you will not (and you will not permit any third party to) make, retain or use any copy of the Vocal Content that you are recording using our Application or other Services; you will not use our Script in connection with making any recording of your voice, except in connection with using the Services to provide your Vocal Content to VocaliD®; and VocaliD® has no obligation to provide you with a copy of your Vocal Content, in whole or in part, except and only to the extent expressly agreed otherwise by VocaliD® in writing.

YOU RELEASE VOCALID®, ITS EMPLOYEES, AGENTS, LICENSEES AND ASSIGNS AND ALL ENTITIES ASSOCIATED WITH VOCALID® (INCLUDING ITS THIRD PARTY PARTNERS, LICENSORS AND SUPPLIERS) FROM, AND AGREE NOT TO SUE OR BRING ANY PROCEEDING AGAINST ANY OF THE SAME FOR, ANY CLAIM OR CAUSE OF ACTION, WHETHER KNOWN OR UNKNOWN, FOR DEFAMATION, LIABLE, SLANDER, INVASION OF RIGHT OF PRIVACY, PUBLICITY OR PERSONALITY OR ANY SIMILAR MATTER BASED UPON OR RELATING TO THE EXERCISE OF ANY OF THE RIGHTS REFERRED TO HEREIN.

Who is responsible for what I see and do on the Services?

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

If there is a dispute between users on this site, or between users and any third party, you agree that VocaliD® is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release VocaliD®, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

Will VocaliD® ever change the Services?

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

What if I want to stop using VocaliD®?

You’re free to stop using VocaliD® and its products and services at any time, by contacting us at support@vocalid.ai; please refer to our Privacy Policy at http://www.vocalid.co/privacy as well as the licenses above, to understand how we treat information you have already provided to us after you have stopped using our Services.

VocaliD® is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. VocaliD® has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Account termination may result in the destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

If I use the VocaliD® Human Voicebank App available via the Apple App Store or on Google Play, what do I need to know?

These Terms apply to your use of all the Services, including the iOS and Android applications available via the Apple, Inc. (“Apple”) App Store or via the Google, Inc. (“Google”) Google Play store (the “Application”), and the following additional terms also apply to the Application:

• (a) Both you and VocaliD® acknowledge that the Terms are concluded between you and VocaliD™ only, and not with Apple or Google and that Apple and/or Google is not responsible for the Application or the Content;
• (b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
• (c) You will only use the Application in connection with a device that you own or control;
• (d) You acknowledge and agree that Apple and/or Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
• (e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple and/or Google of such failure; upon notification, Apple’s and/or Google’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
• (f) You acknowledge and agree that VocaliD®, and not Apple and/or Google, is responsible for addressing any claims you or any third party may have in relation to the Application;
• (g) You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, VocaliD®, and not Apple and/or Google, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
• (h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties;
• (i) Both you and VocaliD® acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
• (j) Both you and VocaliD® acknowledge and agree that Apple, Apple’s subsidiaries, Google and Google’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple and/or Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

What else do I need to know?

Warranty Disclaimer. Neither VocaliD® nor its third-party partners, licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our third-party partners, licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY VOCALID® (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL VOCALID® (OR ITS THIRD-PARTY PARTNERS, LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO VOCALID® IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold VocaliD®, its affiliates, officers, agents, employees, and third-party partners, licensors and suppliers harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without VocaliD®’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Suffolk County, Massachusetts, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Suffolk County, Massachusetts. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND VOCALID® ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Miscellaneous. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and VocaliD® agree that these Terms are the complete and exclusive statement of the mutual understanding between you and VocaliD®, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of VocaliD®, and you do not have any authority of any kind to bind VocaliD® in any respect whatsoever. Except as expressly set forth in the section above regarding the Application, you and VocaliD® agree there are no third party beneficiaries intended under these Terms

Last updated: December 11, 2018

We at VocaliD® know you care about how your personal information is used and shared, and we take your privacy seriously.

Please read the following to learn more about our Privacy Policy. By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

Remember that your use of VocaliD®’s Services is at all times subject to the Terms of Use, which incorporates this Privacy Policy and is available at https://vocalid.ai/terms-privacy/. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.

What does this Privacy Policy cover?

This Privacy Policy covers our treatment of personally identifiable information (“Personal Data”) that we gather when you are accessing or using our Services, but not to the practices of companies we don’t own or control, or people that we don’t manage. We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information internally in connection with our Services, including to personalize, provide, and improve our services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfill your requests for certain products and services, and to analyze how you use the Services. In certain cases, we may also share some Personal Information with third parties, but only as described below.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from a child under 13 without obtaining verifiable consent from that child’s parent or guardian (“Parental Consent”), except for the limited amount of personally identifiable information we need to collect in order to obtain Parental Consent (“Required Information”). Additionally, we do not knowingly collect or solicit personally identifiable  information from anyone under the age of 16 in countries subject to the EU General Data Protection Regulation (the “GDPR”), unless exempted by individual country exceptions, without obtaining verifiable Parental Consent, except for the limited amount of Required Information we need in order to obtain Parental Consent. Until we have received Parental Consent, we will only use Required Information for the purpose of obtaining Parental Consent. If you are a child under 13, or under 16 where applicable, please do not attempt to send any personal information about yourself to us before we obtain Parental Consent, except for the Required Information in the context of the Parental Consent process. If you believe that a child under 13, or under 16 where applicable, has provided us with Personal Data (beyond the Required Information) without our obtaining Parental Consent, please contact us at support@vocalid.ai. We do not condition participation in our Services on disclosure of more Personal Data from a child under 13, or under 16 where applicable, than is reasonably necessary for that participation, and we do not retain Personal Data from children under 13, or under 16 where applicable, longer than is reasonably necessary in order to fulfill the purpose for which it was disclosed.

Will VocaliD^® ever change this Privacy Policy?

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice on the vocalid.ai website, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.

What Information does VocaliD^® Collect?

Information You Provide to Us:

We receive and store Personal Data you knowingly provide to us, such as, through the registration process and/or through your account settings, we may collect Personal Data such as your name and email address. You may also provide us with Personal Data as may be required to take advantage of some of our features.

Information we collect directly from you when you provide us with such Personal Information, includes, but is not limited to, the following:

• First and last name
• Username
• Email address
• City and State
• Age
• Gender
• Language(s) spoken
• Voice recordings
• Height
• User registration content such as your own description of your vocal characteristics such as your voice’s tone, pitch, or accent (which can include additional Personal Data if you include such content)
• Information related to your condition and mode of communication if you are receiving a voice.

We may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may email you about your use of the Services. If you do not want to receive communications from us, please indicate your preference by contacting us at support@vocalid.ai.

Information Collected Automatically When You Use Our Services:

Whenever you interact with our Services, some Personal Data is automatically collected, such as the following:

• Log data (e.g., access times, hardware and software information)
• IP address
• Web browser information
• Usage information
• Device identifiers
• Cookies and other tracking technologies (e.g., web beacons, pixel tags, SDKs, etc.)
• Page view statistics
• Browsing history

“Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.

Cookies can either be “session cookies” or “persistent cookies.” Session cookies are temporary cookies that are stored on your device while you are visiting our website or using our Services, whereas “persistent cookies” are stored on your device for a period of time after you leave our website or Services. We use persistent cookies on our website to store your preferences so that they are available for the next visit and to keep a more accurate account of how often you visit our Services, and how your use of the Services varies over time. For more information on cookies, including how to control your cookie settings and preferences, visit http://ec.europa.eu/ipg/basics/legal/cookies/index_en.htm, https://ico.org.uk/for-the-public/online/cookies/, and http://www.allaboutcookies.org/.

The Services uses the following cookies:

Essential Cookies: Essential cookies, which are session cookies, are required for providing the Services.  For example, certain cookies enable you to log into secure areas within our Services. Disabling these cookies may make certain features and services unavailable.

Functionality Cookies: Functional cookies are used to record your choices and settings regarding our Services, maintain your preferences over time, and recognize you when you return to our Services. These cookies help us to personalize our content for you and remember your preferences.

Performance/Analytical Cookies: Performance/Analytical Cookies allow us to understand how users use our Services such as by collecting information on how often users use a particular feature of the Services. These usage patterns are used internally to inform us how to improve the Services in a way that makes the Services interesting to as many users as possible.   Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising. If you click on a link to a third party website or service, a third party may also transmit cookies to you. Again, this Privacy Policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices. Please be aware that cookies placed by third parties may continue to track your activities online even after you have left our Services, and those third parties may not honor “Do Not Track” requests you have set using your browser or device.

Vocal Content:

In connection with using our Services, and only with your express written consent, you may also elect to provide your voice or vocal content (collectively, “Vocal Content”) to us. Your Vocal Content is considered biometric that may allow someone to identify you. Because your Vocal Content is personally identifying, it is particularly unique to you, and it is considered biometric data.  We take special precaution when dealing with your biometric data because we understand its importance. Your rights regarding the use and disclosure of your Vocal Content are further described in our Written Consent.

How Do We Use Your Personal Data? 

We process Personal Data to operate, improve, understand and personalize our Services.  For example, we use Personal Data to:

• Create and manage user profiles
• Communicate with you about the Services
• Contact you about Service announcements, updates or offers
• Provide support and assistance for the Services
• Personalize website content and communications based on your preferences
• Meet contract or legal obligations
• Respond to user inquiries
• Fulfill user requests
• Comply with our legal or contractual obligations
• Resolve disputes
• Protect against or deter fraudulent, illegal or harmful actions
• Enforce our Terms of Service

Will VocaliD^® Share Any of the Personal Data it Receives?

We do not rent or sell your Personal Data in personally identifiable form to anyone. We may share your Personal Data with third parties only in limited circumstances as described below:

Agents: We employ other companies, research organizations and people to perform tasks on our behalf and we may need to share some of your Personal Data with them to provide products or services to you. Unless we tell you differently, our agents do not have any right to use the Personal Data we share with them beyond what is necessary to assist us.

Business Transfers: We may choose to buy or sell assets, and may share and/or transfer customer information in connection with the evaluation of an entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Data could be one of the assets transferred to or acquired by a third party.

Protection of VocaliD^® and Others: We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our Terms of Use (available at www.vocalid.ai/terms-privacy) and other agreements; or protect the rights, property, or safety of VocaliD, our employees, our users, or others.

Is Personal Data about me secure?

Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Data by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

We endeavor to protect the privacy of your account and other Personal Data we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

What Personal Data can I access?

The information you can view, update, and delete through your account settings may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at support@vocalid.ai.

If you are a parent or guardian of a user of our Services who is under 13, or under 16 as applicable, you may contact us at any time to ask that (a) we stop collecting Personal Data from such user, and (b) we delete any Personal Data already collected from such user. Please note that the terms regarding deleted data outlined below in “What choices do I have?” also apply to deleted Personal Data from children under 13, or under 16 as applicable.

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to support@vocalid.ai.

What choices do I have?

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to use the Services or to take advantage of some of our features. You may be able to add, update, or delete information as explained above.  When you update information, however, we may maintain a copy of the unrevised information in our records.  Keep in mind that your information may remain in our records after you uninstall our application or otherwise delete or abandon your account.

What if I have questions about this policy?

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to support@vocalid.ai, and we will try to resolve your concerns.

Rights Under GDPR for EU Residents

EU Residents

VocaliD commits to cooperate with EU data protection authorities (DPAs) and comply with the advice given by such authorities with regards to human resources data transferred from the EU in the context of the employment relationship.

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage, and disclosure. Company will be the controller of your Personal Data processed in connection with the Services. Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

• Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Service with you, which enables us to provide you with the Services.  When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
  • First and last name
  • Username
  • Email address
• Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.
  • IP Address
  • Device identifiers
  • Usage information and Log Data
  • User registration information such as your age, gender, city, and state, language(s) spoken, height
  • Voice recordings
  • User registration content such as your own description of your vocal characteristics such as your voice’s tone, pitch, or accent (which can include additional Personal Data if you include such content)
  • Information related to your condition and mode of communication if you are receiving a voice.

Examples of these legitimate interests include:

• Operation and improvement of our business, products, and services
• Marketing of our products and services
• Provision of customer support
• Protection from fraud or security threats
• Compliance with legal obligations
• Completion of corporate transactions

• Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data.  When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
• Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

How and With Whom Do We Share Your Data?  We share Personal Data with vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy or our Terms of Service. These parties include:

• Payment processors
• Fraud prevention service providers
• Payment processors
• Ad networks
• Analytics service providers
• Staff augmentation and contract personnel
• Hosting service providers
• Co-location service providers
• Telecommunications service providers

We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested.  In addition to those set forth above, these parties also include:

• Other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Services)
• Social media services (if you interact with them through your use of the Services)
• Third-party business partners who you access through the Services
• Other parties authorized by you

We also share Personal Data when we believe it is necessary to:

• Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
• Protect us, our business or our users, for example, to enforce our terms of service, prevent spam or other unwanted communications and investigate or protect against fraud
• Maintain the security of our products and services

We also share information with third parties when you give us consent to do so.

Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that are transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

How Long Do We Retain Your Personal Data?  We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you Services.  In some cases, we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterward, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

What Security Measures Do We Use?  We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity. For example, Personal Data is stored in secured databases and cloud storage locations and voice recordings are pseudonymized before storage.

Personal Data of Children:  As noted in this Privacy Policy and in the Terms of Use https://vocalid.ai/terms-privacy/, we do not knowingly collect or solicit Personal Data from anyone under the age of 16 unless we have obtained Parental Consent.  If you are under 16, please do not attempt to register for the Services or send any Personal Data about yourself to us.  If we learn that we have collected Personal Data from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us with Personal Data, please contact us at support@vocaliD.ai.

What Rights Do You Have Regarding Your Personal Data?  You have certain rights with respect to your Personal Data, including those set forth below.  For more information about these rights, or to submit a request, please email support@vocaliD.ai. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision.  In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

• Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by emailing us at support@vocaliD.ai.
• Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data by emailing us at support@vocaliD.ai. You can also correct some of this information directly by modifying your profile on the dashboard.
• Erasure: You can request that we erase some or all of your Personal Data from our systems.
• Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
• Portability: You can ask for a copy of your Personal Data in a machine-readable format.  You can also request that we transmit the data to another controller where technically feasible.
• Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
• Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
• Right to File Complaint: You have the right to lodge a complaint about Company’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

Transfers of Personal Data: The Services are hosted and operated in the United States (“U.S.”) through Company and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Company in the U.S. and will be hosted on U.S. servers, and you authorize Company to transfer, store and process your information to and in the U.S., and possibly other countries.  You hereby consent to the transfer of your data to the U.S. pursuant as set forth herein.

Company is committed to the Principles of the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce regarding the
collection and use of Personal Data transferred from the EU. These Principles are (1) notice, (2) consent, (3) accountability for onward transfer, (4) security, (5) data integrity and purpose limitation, (6) access and (7) recourse, enforcement and liability with respect to all Personal Data received from within the EU in reliance on the Privacy Shield. The Privacy Shield Principles require that we remain potentially liable if any third party processing Personal Data on our behalf fails to comply with these Privacy Shield Principles (except to the extent we are not responsible for the event giving rise to any alleged damage). Company’s compliance with the Privacy Shield is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. For more information about the Privacy Shield Program, please visit www.privacyshield.gov.

Please contact us at support@vocaliD.ai with any questions or concerns relating to our Privacy Shield. If you do not receive timely acknowledgment of your Privacy Shield-related complaint from us, or if we have not resolved your complaint, you may also resolve a Privacy Shield-related complaint through JAMS, an alternative dispute resolution provider located in the United States. You can visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint, at no cost to you. Under certain conditions, you may also be entitled to invoke binding arbitration for complaints not resolved by other means.

What If You Have Questions Regarding Your Personal Data?  If you have any questions about this section or our data practices generally, please contact us using the following information: