Terms & Conditions
These Terms were last updated on 14 September 2020.1. Introduction and Your agreement to the Terms of Use.
1.1 PLEASE READ THESE WEBSITE TERMS OF USE (the “TERMS OF USE”) CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES OR MATERIALS CONTAINED IN THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS SET FORTH BELOW, PLEASE LEAVE THE SITE IMMEDIATELY.
1.2 PepTalk reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is Your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of any updated Terms of Use confirms to PepTalk that You accept and agree to the updates.
1.3 Provided You comply with these Terms of Use, PepTalk grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
1.4 If You have any questions about the Site, please contact PepTalk at www.getapeptalk.com/uk/contact.
1.5 In these Terms Of Use:
a. “Coach” means: a Site user who has registered to provide Coach Services via the Site;
b. “Coach Services” means: pre-bookable online video coaching sessions facilitated via the Site;
c. “Content” means: any and all text, graphics, images, audio, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code on or comprising the Site;
“PepTalk” means: The Peptalk Co, with offices at 188 Grand Street, Unit 241, New York, NY 10013;
d. “Site” means: the following websites: www.getapeptalk.com/us and/or www.getapeptalk.com/uk, and all associated web pages;
e. “You” means any person accessing or using the Site or its Content (and “Your” shall be interpreted accordingly).2. Ownership of Content.
2.1 The Site and all Content (including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content) contained on the Site is owned by, controlled by, or licensed to PepTalk.
2.2 No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any purpose, without PepTalk’s express prior written consent.3.Relationship between these Terms of Use and other terms.
3.1 These Terms of Use govern Your use of and access to the Site only. If You (i) sign up as a Coach, and/or (ii) purchase Coach Services, and in certain other circumstances, You will be asked to agree to separate terms of service (“Additional Terms”) which will apply in addition to these Terms of Use. In the event of a conflict between these Terms of Use and any Additional Terms, the Additional Terms will apply in relation to the point in conflict. You will be provided with the relevant Additional Terms if and when applicable to You.4. Your use of the Site.
4.1 Nothing in these Terms grants You any legal rights in the Site other than as necessary to enable You to access the Site and its features.
4.2 In using the Site (including as a Coach and/or when receiving Coach Services) You will not:
4.2.1 violate any law, regulation or court order;
4.2.2 infringe or in any way violate the intellectual property rights, privacy or other rights of any third party;
4.2.3 act dishonestly, which includes impersonating another person;
4.2.4 send any form of marketing or commercial communications (including so called “spam”) or any other unsolicited or unauthorised communications to any other third party;
4.2.5 engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or any other user of the Site;
4.2.6 transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems;
4.2.7 stalk, harass, threaten, or harm any third party;
4.2.8 participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
4.2.9 access the Site to obtain information to build a similar or competitive website, application, or service;
4.2.10 attempt to disassemble, or reverse engineer any of the software or other underlying code used on the Site; or
advocate, encourage, or assist any third party in doing any of the foregoing.
4.3 PepTalk may prevent or suspend Your access to the Site if You do not comply with any part of these Terms of Use, any terms or policies to which they refer or any applicable law.5. Your privacy, personal information and security.
5.1 Any personal information that You provide to PepTalk will be dealt with in line with its Privacy Policy, which explains what personal information we collect from You, how and why it is collected, how it is stored, used and shared, as well as Your rights in relation to Your personal information.
5.2 PepTalk’s Privacy Policy is available here, and is incorporated into these Terms of Use by this reference. Please note that there is a separate privacy policy for those based outside of the European Economic Area, so please ensure you are reading the correct version.
5.3 Certain features or services offered on or through the Site may require You to open an account accessible using a password. You are entirely responsible for maintaining the confidentiality of the information You hold for Your account, including Your password, and for any and all activity that occurs under Your account as a result of Your failing to keep this information secure and confidential. You agree to notify PepTalk immediately of any unauthorized use of Your account or password, or any other breach of security. You may be held liable for losses incurred by PepTalk or any other user of or visitor to the Site due to someone else using Your account as a result of Your failing to keep Your account information secure and confidential.
5.4 By using this Site, You acknowledge and agree that Internet transmissions may not ever be completely private or secure. You understand that there is a small chance that any message or information You send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.6. Links to third party sites.
6.1 The Site may contain links to other independent third-party websites ("Third Party Sites"), which are provided solely as a convenience to the Site’s visitors. Third Party Sites are not under PepTalk’s control, and PepTalk is not responsible for and does not endorse the content of any Third Party Sites. You should make Your own independent judgment regarding Your interaction with any Third Party Sites.7. Submitting information to the Site.
7.1 While we try to ensure that the Site is secure, PepTalk cannot guarantee the security of any information that You supply therefore cannot guarantee that it will be kept confidential. For that reason, You should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or otherwise valuable (the “Submissions”).
7.2 In the event that You chose to submit any Submissions, You agree that: (i) Your Submissions and their contents will automatically become the property of PepTalk, without any compensation to You; (ii) PepTalk may use or redistribute Your Submissions and their contents for any purpose and in any way; (iii) there is no obligation for PepTalk to review Your Submission; and (iv) there is no obligation on PepTalk to keep any Submissions confidential.8. Accuracy, availability and disclaimers.
8.1 PEPTALK DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. FURTHERMORE, PEPTALK CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PEPTALK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PEPTALK FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY PEPTALK SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PEPTALK FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.
8.2 The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
8.3 PepTalk reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (ii) to modify or change the Site, or any portion of the Site (including but not limited to modification of pricing and/or availability of Coaching Services), and any applicable policies or terms; and (iii) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.9. Limitation on PepTalk’s liability.
9.1 Save where prohibited by law, in no event will PepTalk be liable to You for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if PepTalk has been advised of the possibility of such damages.
9.2 If, notwithstanding the other provisions of these Terms of Use, PepTalk is found to be liable to You for any damage or loss which arises out of or is in any way connected with Your use of the Site or any Content, PepTalk’s liability shall in no event exceed US$100.00 (one hundred US Dollars). Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to You.10. Indemnity.
10.1 You agree to indemnify and hold PepTalk, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against PepTalk by any third party due to or arising out of or in connection with Your use of the Site.11. Violation and termination.
11.1 You agree that PepTalk may, in its sole discretion and without prior notice, terminate Your access to the Site and/or block Your future access to the Site if PepTalk determines that You have violated these Terms of Use or other agreements or guidelines which may be associated with Your use of the Site. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to PepTalk, for which monetary damages would be inadequate, and You consent to PepTalk obtaining any injunctive or equitable relief that PepTalk deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies PepTalk may have at law or in equity.
11.2 You agree that PepTalk may, in its sole discretion and without prior notice, terminate Your access to the Site, for cause, which includes (but is not limited to): (i) requests by law enforcement or other government agencies; (ii) a request by You (i.e. self-initiated account deletions); (iii) discontinuance or material modification of the Site or any service offered on or through the Site; or (iv) unexpected technical issues or problems.
11.3 Should PepTalk take any legal action against You as a result of Your violation of these Terms of Use, PepTalk will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to PepTalk. You agree that PepTalk will not be liable to You or to any third party for termination of Your access to the Site for any reason.
11.4 PepTalk may disclose any information it holds about You (including Your identity) if it determines that such disclosure is necessary in connection with any investigation or complaint regarding Your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) PepTalk’s rights or property, or the rights or property of visitors to or users of the Site. PepTalk reserves the right at all times to disclose any information that it deems necessary to comply with any applicable law, regulation, legal process or governmental request. PepTalk also may disclose Your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
11.5 You acknowledge and agree that PepTalk may preserve any transmittal or communication by You with PepTalk through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or PepTalk determines that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms of Use and/or any Key Terms; (iii) respond to claims that any such data violates the rights of others; or (iv) protect the rights, property or personal safety of PepTalk, its employees, users of or visitors to the Site, and the public.12. Governing law and dispute resolution.
12.1 You agree that all matters relating to Your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws provisions. The preceding provision regarding venue does not apply if You are a consumer based in the European Union. If You are a consumer based in the European Union, all matters relating to Your access to or use of the Site, including all disputes, will be governed by the laws of England. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation.
12.2 In the event of any dispute between PepTalk and You arising out of or in connection with Your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If You and PepTalk are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.13. Void where prohibited.
13.1 The Site may be administered and operated from various locations outside of the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. PepTalk reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. You access the Site on Your own initiative and You are solely responsible for complying with applicable local laws.14. Waiver and severability.
14.1 Any failure by PepTalk to enforce any provision of these Terms of Use is not a waiver of any right to do so later. In addition, if a provision of these Terms of Use is later found to be unenforceable, such provision will be replaced with a reasonable substitution to reflect PepTalk’s intention, and all remaining provisions of the Terms of Use shall remain in full force and effect.
Privacy Policy (UK and EU)
This Privacy Policy was last updated on 12 July 2023.
Key points covered in this Privacy Policy. 1. Introduction.
2. Definitions.
3. What Personal Data PepTalk might collect on you.
4. How long might PepTalk hold on to your Personal Data.
5. How PepTalk might collect your Personal Data.
6. The grounds on which PepTalk may store and use your Personal Data.
7. The way(s) in which PepTalk might use your Personal Data.
8. The measures that PepTalk has in place to protect your Personal Data.
9. Your rights.
10. Third Party Websites.
11. How PepTalk will communicate changes to this Privacy Policy.
12. Cookies.
13. International Transfers.
14. Google User Data.
15. How you can contact PepTalk.
1. Introduction
1.1 Thank you for visiting the Site and/or using the Services. In order to operate the Site and
provide the Services, and to improve the Site’s offering, Peptalk collects information from you.
Even if you are just browsing the Site, PepTalk may receive certain information from you, for
example the device you access the Site from and your IP address.
1.2 Please read this Privacy Policy carefully as it contains important information on who we are
and how and why we collect, store, use and share your personal information. It also explains
your rights in relation to your personal information and how to contact us in the event you
have a complaint. Please rest assured that we take your privacy very seriously.
1.3 THIS PRIVACY POLICY APPLIES TO ALL USERS OF THE SITE FROM THE EUROPEAN ECONOMIC
AREA (“EEA”). IF YOU ARE VISITING FROM OUTSIDE OF THE EEA, THE ALTERNATIVE PRIVACY
POLICY HERE WILL APPLY TO YOU.
1.4 In compliance with the GDPR, this Policy sets out the obligations of PepTalk in respect of the
collection, retention, safeguarding of and access to your Personal Data. For the purposes of
GDPR, PepTalk is a Data Controller.
1.5 Please read this Policy in full, as by continuing to use the Site you are deemed to be bound by
its contents. Please also read the Website Terms & Conditions of Use (accessible via the Site)
and any other terms applicable to your participation in the Services (together the “Key
Terms”). IF YOU DO NOT AGREE TO ANY OF THE KEY TERMS, PLEASE STOP USING THE SITE
IMMEDIATELY.
2. Definitions
2.1 In this Privacy Policy:
(i) “GDPR” means: General Data Protection Regulation, in force as of 25 May 2018;
(ii) “PepTalk” means: Get A PepTalk Limited, a company registered in England & Wales under
registered company number 12933624 with its registered office at Unit 2, Pondtail Farm
Coolham Road, West Grinstead, Horsham, West Sussex, England, RH13 8LN;
(iii) “Personal Data” means: any information relating to an identifiable person who can be
directly or indirectly identified in particular by reference to an identifier. This includes, but
is not limited to, name, email address, postal address, location data, an online identifier,
or one or more factors specific to the physical, physiological, genetic, mental, economic,
cultural, or social identity of that natural person;
(iv) “Services” means: the group video coaching sessions offered via the Site, and such other
services as PepTalk may provide via the Site or via third party sites from time to time;
(v) “Site” means: www.getapeptalk.com/us and/or www.getapeptalk.com/uk, and all
associated web pages.
3. What Personal Data PepTalk might collect on you.
3.1 PepTalk might collect some or all the following Personal Data from and/or about you if
provided by you or someone acting on your behalf:
(i) Your name, age, date of birth and profession;
(ii) Your photograph and biography, if provided during the sign-up process;
(iii) Your contact details, including: postal address, telephone numbers and e-mail address;
(iv) Your credit card or other payment information;
(v) Details of services provided and/or orders made by you;
(vi) Details of PepTalk events attended by you (if applicable);
(vii) Your competition or other contest entries;
(viii) Your communication and marketing preferences;
(ix) Your interests, preferences, feedback and survey responses;
(x) Your correspondence and communications with PepTalk;
(xi) Other publicly available Personal Data, including any which you have shared via a public
platform (such as a Twitter feed, public Facebook page or a company website);
(xii) Information about your visit to the Site, including the full Uniform Resource Locators
(URL), clickstream to, through and from the Site (including date and time), pages you
viewed or searched for, page response times, download errors, length of visits to certain
pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods
used to browse away from the page;
(xiii) Technical information, including the Internet protocol (IP) address used to connect your
computer to the Internet, your login information, browser type and version, browser plugin
types and versions, and operating system and platform.
(xiv) Information collected from the Site and elsewhere across the internet through cookies,
web beacons, pixel tags, device identifiers and other technologies including information
about your shopping habits and preferences.
3.2 This list is not exhaustive and, in specific instances, PepTalk may need to collect additional
data for the purposes set out in this Policy. PepTalk may also collect Personal Data from third
parties who have your consent to pass your details to PepTalk, or from publicly available
sources.
4. How long might PepTalk hold on to your Personal Data.
4.1 PepTalk will not retain your Personal Data for longer than necessary for the purposes set out
in this Policy. Different retention periods apply for different types of data.
4.2 Should you request a deletion of any Personal Data that PepTalk holds on you, PepTalk will
take all commercially reasonable steps to remove your Personal Data from its database,
provided that nothing in this Policy shall prevent PepTalk from retaining information strictly
necessary for and in compliance with its business practices (for example, for the purposes of
dispute resolution, enforcement and to comply with legal agreements).
5. How PepTalk might collect your Personal Data.
5.1 PepTalk may collect your Personal Data in the following:
(i) When you opt-in to receive marketing or other communications from PepTalk;
(ii) When you place an order for Services via the Site;
(iii) When you sign-up to provide Services via the Site;
(iv) When your employer signs-up to receive Services via the Site or a third-party site, and
shares your details with PepTalk when doing so;
(v) When you enter one of PepTalk’s competitions or other contests;
(vi) When you correspond with PepTalk (by phone, email or otherwise);
(vii) Information that PepTalk may collect automatically when you use the Site, for example
with regard to each of your visits to the Site it may, independently or through third-party
data analytics tools or services such as Google Analytics, automatically collect information
as you use PepTalk’s services and/or the Site;
(viii) Information gathered through cookies and other similar technology to distinguish you
from other users of the Site, to assist PepTalk in providing you with a good experience
when you browse the Site and also allows PepTalk to improve the Site.
6. The grounds on which PepTalk may store and use your Personal Data.
6.1 PepTalk might store and use your Personal Data on the following legal grounds:
(i) Consent:
- for example, if you have opted in to receive marketing communications and/or news from PepTalk.
(ii) Fulfilment of a Contractual Obligation/Performance of Services:
- for example, if you have purchased Services via the Site, PepTalk will store and process your Personal
Data insofar as it is necessary to fulfil such order. Further, if you have signed up to provide Services,
PepTalk will store and process your Personal Data insofar as it is necessary to aid, manage and
remunerate you for the provision of Services.
(iii) Legitimate Interest:
- for example, (i) to provide you with technical support if requested; and (ii) if you have previously
provided PepTalk with your contact details in the course of business (for example, you have signed up
to receive and or provide Services via the Site), PepTalk may send you electronic communications
relating to similar goods/services that it may provide from time to time. You will always be given the
opportunity to opt-out of the latter form of communication via an ‘unsubscribe’ link. If relying on
legitimate interest as a lawful ground for processing your Personal Data, PepTalk will always take into
account your rights and interests prior to sending any such communications.
(iv) Legal and Compliance Purpose(s):
- for example, to assist PepTalk in keeping the Site safe and secure; to use profiling tools to identify
behaviour which breaches the terms upon which you are using the Site and/or Services; and to protect
PepTalk’s rights or property.
7. The way(s) in which PepTalk might use your Personal Data.
7.1 General:
PepTalk (and necessary trusted partners acting on PepTalk’s behalf under contract) might use your
Personal Data:
(i) to provide the platform for the Services to you;
(ii) to make a tailored website available to you;
(iii) to manage any registered account(s) that you may hold and other administrative matters;
(iv) to verify your identity;
(v) for crime and fraud prevention, detection and related purposes, including if PepTalk
believes you are using the Site and/or the Services in contravention of any Key Terms;
(vi) to contact you electronically about news/events and/or products/services which PepTalk
thinks may interest you;
(vii) for market research purposes and to better understand your needs;
(viii) where PepTalk has a legal right or duty to use or disclose your information (for example
in relation to an investigation by a public authority or in a legal dispute or for other law
enforcement matters);
(ix) to progress or respond to an employment application made by you or to defend against
employment claims.
7.2 Communications:
(i) PepTalk might use your Personal Data for electronic marketing purposes (with your
consent) and may send you postal mail to update you on various news, event and/or
products/services.
(ii) PepTalk aims to update you about items which are of interest and relevance to you as an
individual.
(iii) You have the right to opt-out of receiving marketing communications at any time, by:
a) making use of the simple “unsubscribe” link in emails; or
b) contacting PepTalk via www.getapeptalk.com/uk/contact.
7.3 Sharing data with necessary trusted third parties:
(i) PepTalk’s service providers and suppliers:
In order to make certain services available to you, PepTalk may need to share your Personal Data with
some of its necessary trusted service providers/partners (“Trusted Partners”). These could include IT,
payment, customer services and marketing service providers.
PepTalk only allows its Trusted Partners to handle your Personal Data when PepTalk has confirmed
that they apply appropriate data protection and security controls. PepTalk may also impose
contractual obligations on its Trusted Partners relating to data protection and security, which mean
they can only use your Personal Data to provide services to PepTalk and to you, and to improve the
services it provides.
PEPTALK DOES NOT SHARE YOUR PERSONAL DATA WITH ANY TRUSTED PARTNER FOR IT TO USE FOR
ITS OWN MARKETING PURPOSES WITHOUT YOUR CONSENT.
7.4 Other third parties:
Aside from to its necessary trusted service providers and partners, PepTalk will not disclose your
Personal Data to any other third party, except as set out below.
PepTalk may share your data with:
(i) credit reference agencies where necessary for card payments;
(ii) governmental bodies, regulators, law enforcement agencies, courts/tribunals and
insurers where PepTalk is required to do so: -
a. to comply with PepTalk’s legal obligations;
b. to exercise PepTalk’s legal rights (for example in court cases);
c. for the prevention, detection, investigation of crime or prosecution of
offenders; and
d. for the protection of PepTalk’s employees and customers.
PEPTALK WILL NOT SELL OR RENT YOUR PERSONAL DATA TO OTHER ORGANISATIONS FOR
MARKETING PURPOSES WITHOUT YOUR PRIOR WRITTEN CONSENT.
8. The measures PepTalk has in place to protect your Personal Data.
8.1 PepTalk strives to maintain the highest standards of data privacy and security to protect your
personal details and other information about you, however no method of transmission over
the Internet or method of electronic storage is 100% secure, therefore you use the Site and
transmit information at your own risk.
8.2 PepTalk has in place the following safeguards to protect your Personal Data:
(i) PepTalk shall ensure that Personal Data is stored securely using modern software that
is kept-up-to-date.;
(ii) Access to Personal Data within PepTalk’s organisation shall be limited to personnel
who need access and appropriate security should be in place to avoid unauthorised
sharing of information;
(iii) When Personal Data is deleted this should be done safely such that the data is
irrecoverable;
(iv) Appropriate back-up and disaster recovery solutions shall be in place; and
(v) PepTalk regularly reviews its processes and procedures to protect your information
from unauthorised access and use, accidental loss and/or destruction.
9. Your Rights.
9.1 You have the following rights in respect of the Personal Data that PepTalk holds:
(i) the right to ask for a copy of Personal Data that PepTalk holds about you (the right of
access);
(ii) the right (in certain circumstances) to request that PepTalk deletes Personal Data held on
you where PepTalk no longer has any legal reason to retain it (the right of erasure or to
be forgotten);
(iii) the right to ask PepTalk to update and correct any out-of-date or incorrect Personal Data
that PepTalk holds about you (the right of rectification);
(iv) the right to opt out of any marketing communications that PepTalk may send you and to
object to PepTalk using / holding your Personal Data if PepTalk has no legitimate reasons
to do so (the right to object);
(v) the right (in certain circumstances) to ask PepTalk to ‘restrict processing of data’; which
means that PepTalk would need to secure and retain the data for your benefit but not
otherwise use it (the right to restrict processing); and
(vi) the right (in certain circumstances) to ask PepTalk to supply you with some of the Personal
Data that it holds about you in a structured machine-readable format and/or to provide a
copy of the data in such a format to another organisation (the right to data portability).
10. Third Party Websites.
10.1 The Site may from time to time, contain links to and from the websites of its partners,
advertisers and affiliates, or to any other third party. If you follow a link to any of these
websites, please note that these websites have their own terms of use and privacy policies
and that PepTalk does not accept any responsibility or liability for these policies. Please check
these policies before you submit any Personal Data to these websites.
11. How PepTalk will communicate changes to this Privacy Policy.
11.1 PepTalk may update this Policy to reflect changes in how it collects, stores and/or uses your
Personal Data. The most recent version of the Policy will always be available via the Site.
Where appropriate, PepTalk will provide you with notice of any significant changes to how it
uses your information.
12. Cookies.
12.1 The Site uses tracking and other technologies, which may include cookies, local storage, web
beacons, embedded scripts and location data to collect information about you and distinguish
you from other users of the Site. Some of these technologies may place a cookie on your
device, transfer a unique identifier for your device to a browser or otherwise use means to
track or access your interactions and access.
12.2 PepTalk’s EU Cookie Policy can be accessed via the Site.
13. International Transfers
13.1 Your information will be collected, process and stored directly on or transferred to servers in
the United States. In addition, it may be transferred to other countries where PepTalk has
business operations. No matter where your Personal Data is collected, processed or stored,
PepTalk will put GDPR compliant safeguards in place to protect your Personal Data and
safeguard your rights in accordance with this Policy.
14. Google User Data.
a) Notwithstanding anything else contained in this Privacy Policy, if you provide PepTalk with
access to any of your Google data (including calendar data), PepTalk’s use of that data will be
subject to these additional restrictions:
(i) PepTalk will only use access to read, write, modify or control Gmail message bodies
(including attachments), metadata, headers, and settings to provide a web email client
that allows users to compose, send, read, and process emails and will not transfer this
Gmail data to others unless doing so is necessary to provide and improve these features,
comply with applicable law, or as part of a merger, acquisition, or sale of assets;
(ii) PepTalk will not use this Gmail data for serving advertisements;
(iii) PepTalk will not allow humans to read this data unless we have your affirmative
agreement for specific messages, doing so is necessary for security purposes such as
investigating abuse, to comply with applicable law, or for PepTalk's internal operations
and even then only when the data have been aggregated and anonymized.
15. How you can contact PepTalk.
15.1 If you have any questions/comments on the contents of this Policy please contact:
contact@peptalk.cc, or write to PepTalk at the address shown in paragraph 1.
Privacy Policy (US and Rest of the World)
This Privacy Policy was last updated on 12 July 2023.
Key points covered in this Privacy Policy. 1. Introduction.
2. Definitions.
3. What Personal Data PepTalk might collect on you.
4. How long might PepTalk hold on to your Personal Data.
5. How PepTalk might collect your Personal Data.
6. The grounds on which PepTalk may store and use your Personal Data.
7. The way(s) in which PepTalk might use your Personal Data.
8. The measures that PepTalk has in place to protect your Personal Data.
9. Your rights.
10. Third Party Websites.
11. How PepTalk will communicate changes to this Privacy Policy.
12. Cookies.
13. International Transfers.
14. California privacy rights.
15. Children's data.
16. Google User Data.
17. How you can contact PepTalk.
1. Introduction
1.1 Thank you for visiting the Site and/or using the Services. In order to operate the Site and
provide the Services, and to improve the Site’s offering, Peptalk collects information from you.
Even if you are just browsing the Site, PepTalk may receive certain information from you, for
example the device you access the Site from and your IP address.
1.2 Please read this Privacy Policy carefully as it contains important information on who we are
and how and why we collect, store, use and share your personal information. It also explains
your rights in relation to your personal information and how to contact us in the event you
have a complaint. Please rest assured that we take your privacy very seriously.
1.3 THIS PRIVACY POLICY APPLIES TO ALL SITE USERS EXCLUDING THOSE VISITING FROM THE UK
AND EUROPEAN UNION. IF YOU ARE VISITING FROM THE UK OR EUROPEAN UNION, THE UK +
EU SPECIFIC PRIVACY POLICY WILL APPLY TO YOU.
1.4 This Policy sets out the obligations of PepTalk in respect of the collection, retention,
safeguarding of and access to your Personal Data.
1.5 Please read this Policy in full, as by continuing to use the Site you are deemed to be bound by
its contents. Please also read the Website Terms and Conditions of Use, accessible via the
Site, and any other terms applicable to your participation in the Services (together the “Key
Terms”). IF YOU DO NOT AGREE TO ANY OF THE KEY TERMS, PLEASE STOP USING THE SITE
IMMEDIATELY.
2. Definitions
2.1 In this Privacy Policy:
(i) “PepTalk” means: The Peptalk Co, with offices at 188 Grand Street, Unit 241, New York,
NY 10013;
(ii) “Personal Data” means: any information relating to an individual that specifically
identifies that individual;
(iii) “Services” means: the group video coaching sessions offered via the Site, and such other
services as PepTalk may provide via the Site or via third party sites from time to time;
(iv) “Site” means: www.getapeptalk.com/us and/or www.getapeptalk.com/uk, and all
associated web pages.
3. What Personal Data PepTalk might collect on you.
3.1 PepTalk might collect some or all the following Personal Data from and/or about you if
provided by you or someone acting on your behalf:
(i) Your name, age, date of birth and profession;
(ii) Your photograph and biography, if provided during the sign-up process;
(iii) Your contact details, including: postal address, telephone numbers and e-mail address;
(iv) Your credit card or other payment information;
(v) Details of services provided and/or orders made by you;
(vi) Details of PepTalk events attended by you (if applicable);
(vii) Your competition or other contest entries;
(viii) Your communication and marketing preferences;
(ix) Your interests, preferences, feedback and survey responses;
(x) Your correspondence and communications with PepTalk;
(xi) Other publicly available Personal Data, including any which you have shared via a public
platform (such as a Twitter feed, public Facebook page or a company website);
3.2 In addition, PepTalk may collect some or all of the following:
(i) information about your visit to the Site, including the full Uniform Resource Locators
(URL), clickstream to, through and from the Site (including date and time), pages you
viewed or searched for, page response times, download errors, length of visits to certain
pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods
used to browse away from the page;
(ii) Technical information, including the Internet protocol (IP) address used to connect your
computer to the Internet, your login information, browser type and version, browser plugin
types and versions, and operating system and platform; and
(iii) Information collected from the Site and elsewhere across the internet through cookies,
web beacons, pixel tags, device identifiers and other technologies including information
about your shopping habits and preferences.
3.3 This above lists are not exhaustive and, in specific instances, PepTalk may need to collect
additional data for the purposes set out in this Policy. PepTalk may also collect Personal Data
and other information about you from third parties who have your consent to pass your details
to PepTalk, or from publicly available sources.
4. How long might PepTalk hold on to your Personal Data.
4.1 PepTalk will not retain your Personal Data for longer than necessary for the purposes set out
in this Policy. Different retention periods apply for different types of data.
4.2 Should you request a deletion of any Personal Data that PepTalk holds on you, PepTalk will
take all commercially reasonable steps to remove your Personal Data from its database,
provided that nothing in this Policy shall prevent PepTalk from retaining information strictly
necessary for and in compliance with its business practices (for example, for the purposes of
dispute resolution, enforcement and to comply with legal agreements).
5. How PepTalk might collect your Personal Data.
5.1 PepTalk may collect your Personal Data in the following:
(i) When you opt-in to receive marketing or other communications from PepTalk;
(ii) When you place an order for Services via the Site;
(iii) When you sign-up to provide Services via the Site;
(iv) When your employer signs-up to receive Services via the Site or a third-party site, and
shares your details with PepTalk when doing so;
(v) When you enter one of PepTalk’s competitions or other contests;
(vi) When you correspond with PepTalk (by phone, email or otherwise);
(vii) Information that PepTalk may collect automatically when you use the Site, for example
with regard to each of your visits to the Site it may, independently or through third-party
data analytics tools or services such as Google Analytics, automatically collect information
as you use PepTalk’s services and/or the Site;
(viii) Information gathered through cookies and other similar technology to distinguish you
from other users of the Site, to assist PepTalk in providing you with a good experience
when you browse the Site and also allows PepTalk to improve the Site.
6. The grounds on which PepTalk may store and use your Personal Data.
6.1 PepTalk might store and use your Personal Data on the following legal grounds:
(i) Consent:
- for example, if you have opted in to receive marketing communications and/or news from PepTalk.
(ii) Fulfilment of a Contractual Obligation/Performance of Services:
- for example, if you have purchased Services via the Site, PepTalk will store and process your Personal
Data insofar as it is necessary to fulfil such order. Further, if you have signed up to provide Services,
PepTalk will store and process your Personal Data insofar as it is necessary to aid, manage and
remunerate you for the provision of Services.
(iii) Legitimate Interest:
- for example, (i) to provide you with technical support if requested; and (ii) if you have previously
provided PepTalk with your contact details in the course of business (for example, you have signed up
to receive and or provide Services via the Site), PepTalk may send you electronic communications
relating to similar goods/services that it may provide from time to time. You will always be given the
opportunity to opt-out of the latter form of communication via an ‘unsubscribe’ link. If relying on
legitimate interest as a lawful ground for processing your Personal Data, PepTalk will always take into
account your rights and interests prior to sending any such communications.
(iv) Legal and Compliance Purpose(s):
- for example, to assist PepTalk in keeping the Site safe and secure; to use profiling tools to identify
behaviour which breaches the terms upon which you are using the Site and/or Services; and to protect
PepTalk’s rights or property.
7. The way(s) in which PepTalk might use your Personal Data.
7.1 General:
PepTalk (and necessary trusted partners acting on PepTalk’s behalf under contract) might use your
Personal Data:
(i) to provide the platform for the Services to you;
(ii) to make a tailored website available to you;
(iii) to manage any registered account(s) that you may hold and other administrative matters;
(iv) to verify your identity;
(v) for crime and fraud prevention, detection and related purposes, including if PepTalk
believes you are using the Site and/or the Services in contravention of any Key Terms;
(vi) to contact you electronically about news/events and/or products/services which PepTalk
thinks may interest you;
(vii) for market research purposes and to better understand your needs;
(viii) where PepTalk has a legal right or duty to use or disclose your information (for example
in relation to an investigation by a public authority or in a legal dispute or for other law
enforcement matters);
(ix) to progress or respond to an employment application made by you or to defend against
employment claims.
7.2 Communications:
(i) PepTalk might use your Personal Data for electronic marketing purposes (with your
consent) and may send you postal mail to update you on various news, event and/or
products/services.
(ii) PepTalk aims to update you about items which are of interest and relevance to you as an
individual.
(iii) You have the right to opt-out of receiving marketing communications at any time, by:
a) making use of the simple “unsubscribe” link in emails; or
b) contacting PepTalk via www.getapeptalk.com/us/contact.
7.3 Sharing data with necessary trusted third parties:
(i) PepTalk’s service providers and suppliers:
In order to make certain services available to you, PepTalk may need to share your Personal Data with
some of its necessary trusted service providers/partners (“Trusted Partners”). These could include IT,
payment, customer services and marketing service providers.
PepTalk only allows its Trusted Partners to handle your Personal Data when PepTalk has confirmed
that they apply appropriate data protection and security controls. PepTalk may also impose
contractual obligations on its Trusted Partners relating to data protection and security, which mean
they can only use your Personal Data to provide services to PepTalk and to you, and to improve the
services it provides.
PEPTALK DOES NOT SHARE YOUR PERSONAL DATA WITH ANY TRUSTED PARTNER FOR IT TO USE FOR
ITS OWN MARKETING PURPOSES WITHOUT YOUR CONSENT.
7.4 Other third parties:
Aside from to its necessary trusted service providers and partners, PepTalk will not disclose your
Personal Data to any other third party, except as set out below.
PepTalk may share your data with:
(i) credit reference agencies where necessary for card payments;
(ii) governmental bodies, regulators, law enforcement agencies, courts/tribunals and
insurers where PepTalk is required to do so: -
a. to comply with PepTalk’s legal obligations;
b. to exercise PepTalk’s legal rights (for example in court cases);
c. for the prevention, detection, investigation of crime or prosecution of
offenders; and
d. for the protection of PepTalk’s employees and customers.
PEPTALK WILL NOT SELL OR RENT YOUR PERSONAL DATA TO OTHER ORGANISATIONS FOR
MARKETING PURPOSES WITHOUT YOUR PRIOR WRITTEN CONSENT.
8. The measures PepTalk has in place to protect your Personal Data.
8.1 PepTalk strives to maintain the highest standards of data privacy and security to protect your
personal details and other information about you, however no method of transmission over
the Internet or method of electronic storage is 100% secure, therefore you use the Site and
transmit information at your own risk.
8.2 PepTalk has in place the following safeguards to protect your Personal Data:
(i) PepTalk shall ensure that Personal Data is stored securely using modern software that
is kept-up-to-date.;
(ii) Access to Personal Data within PepTalk’s organisation shall be limited to personnel
who need access and appropriate security should be in place to avoid unauthorised
sharing of information;
(iii) When Personal Data is deleted this should be done safely such that the data is
irrecoverable;
(iv) Appropriate back-up and disaster recovery solutions shall be in place; and
(v) PepTalk regularly reviews its processes and procedures to protect your information
from unauthorised access and use, accidental loss and/or destruction.
9. Your Rights.
9.1 You have the following rights in respect of the Personal Data that PepTalk holds:
(i) the right to ask for a copy of Personal Data that PepTalk holds about you (the right of
access);
(ii) the right (in certain circumstances) to request that PepTalk deletes Personal Data held on
you where PepTalk no longer has any legal reason to retain it (the right of erasure or to
be forgotten);
(iii) the right to ask PepTalk to update and correct any out-of-date or incorrect Personal Data
that PepTalk holds about you (the right of rectification);
(iv) the right to opt out of any marketing communications that PepTalk may send you and to
object to PepTalk using / holding your Personal Data if PepTalk has no legitimate reasons
to do so (the right to object);
(v) the right (in certain circumstances) to ask PepTalk to ‘restrict processing of data’; which
means that PepTalk would need to secure and retain the data for your benefit but not
otherwise use it (the right to restrict processing); and
(vi) the right (in certain circumstances) to ask PepTalk to supply you with some of the Personal
Data that it holds about you in a structured machine-readable format and/or to provide a
copy of the data in such a format to another organisation (the right to data portability).
10. Third Party Websites.
10.1 The Site may from time to time, contain links to and from the websites of its partners,
advertisers and affiliates, or to any other third party. If you follow a link to any of these
websites, please note that these websites have their own terms of use and privacy policies
and that PepTalk does not accept any responsibility or liability for these policies. Please check
these policies before you submit any Personal Data to these websites.
11. How PepTalk will communicate changes to this Privacy Policy.
11.1 PepTalk may update this Policy to reflect changes in how it collects, stores and/or uses your
Personal Data. The most recent version of the Policy will always be available via the Site.
Where appropriate, PepTalk will provide you with notice of any significant changes to how it
uses your information.
12. Cookies.
12.1 The Site uses tracking and other technologies, which may include cookies, local storage, web
beacons, embedded scripts and location data to collect information about you and distinguish
you from other users of the Site. Some of these technologies may place a cookie on your
device, transfer a unique identifier for your device to a browser or otherwise use means to
track or access your interactions and access.
12.2 PepTalk’s Cookie Policy can be accessed via the Site.
13. International Transfers
13.1 Your information will be collected, process and stored directly on or transferred to servers in
the United States. In addition, it may be transferred to other countries where PepTalk has
business operations. No matter where your Personal Data is collected, processed or stored,
PepTalk will put appropriate safeguards in place to protect your Personal Data and safeguard
your rights in accordance with this Policy.
14. Children’s data.
14.1 The Children’s Online Privacy Protection Act 1998 (US) requires that online service providers
obtain parental consent before they knowingly collect personally identifiable information
online from children who are under thirteen (13). PepTalk does not knowingly collect or
solicit personally identifiable information from children under thirteen (13). If you are a child
under thirteen (13), please do not attempt to register with or otherwise use the Site or send
PepTalk any personal information. If PepTalk learns that is has collected personal
information from a child under thirteen (13), it will promptly delete that information. If you
believe that a child under thirteen (13) may have provided PepTalk with personal
information, please contact:
15. California specific privacy rights.
15.1 As detailed herein, PepTalk does not share your Personal Data with any third party for their
own marketing purposes without your express consent.
15.2 Should you request a copy of your Personal Data held by PepTalk, please contact
www.getapeptalk.com/us/contact.
16. Google User Data.
16.1 Notwithstanding anything else contained in this Privacy Policy, if you provide PepTalk with
access to any of your Google data (including calendar data), PepTalk’s use of that data will be
subject to these additional restrictions:
(i) PepTalk will only use access to read, write, modify or control Gmail message bodies
(including attachments), metadata, headers, and settings to provide a web email client
that allows users to compose, send, read, and process emails and will not transfer this
Gmail data to others unless doing so is necessary to provide and improve these features,
comply with applicable law, or as part of a merger, acquisition, or sale of assets;
(ii) PepTalk will not use this Gmail data for serving advertisements;
(iii) PepTalk will not allow humans to read this data unless we have your affirmative
agreement for specific messages, doing so is necessary for security purposes such as
investigating abuse, to comply with applicable law, or for PepTalk's internal operations
and even then only when the data have been aggregated and anonymized.
17. How you can contact PepTalk.
17.1 If you have any questions/comments on the contents of this Policy please contact:
contact@peptalk.cc or write to PepTalk at the address shown in paragraph 1.
