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Emotionally Speaking Privacy Policy
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Last updated December 17, 2024
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This Privacy Policy covers the services (including all services, software applications, and websites to which this Privacy Policy is posted, the “Services”) operated by Emotionally Speaking, Inc. and its affiliates (collectively, “Emotionally Speaking,” “we”, “us” and/or “our”).
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This Privacy Policy explains what Personal Information (defined below) we collect, how we use and share that information, and your choices concerning our data practices. This Privacy Policy is incorporated into and is part of our Terms of Service. Before using the Services or submitting any Personal Information to Emotionally Speaking, please review this Privacy Policy carefully. By using the Services, you agree to the practices described in this Privacy Policy. If you do not agree to this Privacy Policy, you may not access any of our Websites or otherwise use the Service.
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Changes to this Privacy Policy
We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of this Privacy Policy. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Application after the date such revised Privacy Policy is posted. In some cases, such as a material change in our practices, we may provide you with additional notice, such as adding a statement to our homepage or sending you an email notification. We encourage you to review the Privacy Policy whenever you access the Services to stay informed about our information practices and the ways you can protect your privacy.
This Privacy Policy does not apply to the third-party online/mobile store from which you install the Application or make payments, including any in-game virtual items, which may also collect and use data about you. We are not responsible for any of the data collected by any such third party.
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Collection of Your Information
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If you visit our website or use our mobile applications we will collect certain information about you. For all users and visitors see Information We Collect Automatically below for details on what we collect via technology.
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Information You Provide to Us
We collect information you provide directly to us when interacting with us or using the Services. The specific information we collect depends on the context of your interactions with Emotionally Speaking, as detailed below.
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Prospective Emotionally Speaking employees or Emotionally Speaking coaches/therapists/instructors
We collect information if you apply for a job or apply to become a coach, therapist, or instructor, request customer support, or otherwise communicate with us. We will need to collect certain personal information from you in order to process your application, such as your name, email address, phone number, location, and work history. This information is used to evaluate your experience and communicate with you among others.
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Sensitive Personal Information or Demographic Information
To be an Emotionally Speaking coach, therapist or instructor, you are not required to provide any sensitive personal information such as financial or demographic information. However, there may be times, such as testing a new tool or feature, staffing a specific program for customers, or conducting research studies, where we will ask for your consent to collect demographic information such as gender, race or ethnicity, or pronouns, or we may request your consent to record your session. In all such instances your involvement and providing such information is voluntary, and will have no impact on your ability to coach with Emotionally Speaking if you decline. In the case you provide consent, such consent may be withdrawn at any time.
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Platform and/or Mobile Members
If you are a registrant on our website and use our learning, mindfulness, The Wisdom Tree, or coaching/therapy services via our website or one of our mobile applications (“Member”), you will need to provide certain personal information in order to register your account, such as: name, email address, phone number, location, and your role or title. This information is required at registration so that we can: 1) create your account; 2) ensure you are matched with a coach/therapist (if applicable) in an appropriate time zone; and 3) ensure you receive the applicable surveys or questionnaires commensurate with your management level or specifics needs. We will also collect information as it relates to your use of the platform. For example, we collect information when you download our mobile application(s) and the versions used.
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Through your use of the Services, you will also provide us information to facilitate your learning experience. For example, to help you choose the right coach/therapist, journey or other learning materials or tools, you will respond to surveys to help us match you with a product/service that aligns with your goals. While these surveys will help us match you with the right product/service, the surveys do not collect any personally identifying information. You will also be asked to complete an assessment that will allow you to gain insight into your strengths and weaknesses by asking you a series of questions about general wellbeing, work-life balance, and stress. To facilitate a robust and meaningful experience, both you and your coach/therapist (if applicable) will have access to your survey responses.
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We may also collect information such as your platform usage, development programs planned and attended, engagement status, session ratings, title, employment details, and any other information you choose to provide in conjunction with the Services. You may be asked, at various places within the platform, to provide your opinions on Emotionally Speaking’s services and quality of our products/services. These opinions or reviews will be used to improve our services, and in some cases, may be shared with the coach, on a de-identified basis, for quality or educational purposes.
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Sensitive Personal Information or Demographic Information
The use of the Services does not generally require you to provide any sensitive personal information such as financial or demographic information. However, there may be times, such as testing a new tool or feature or conducting research studies, where we will ask for your consent to collect demographic information such as gender, race or ethnicity, pronouns, or to record your session. In all such instances your involvement and providing such information is voluntary, will have no impact on your use of the Services if you decline, and in the case you provide consent, such consent may be withdrawn at any time.
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If you are an Enterprise Member, meaning you have registered on our platform through a license purchased by your employer, your employer may provide us with certain demographic information for groups of Members such as gender or race or ethnicity. This information is used in an aggregated and de-identified manner to help measure the efficacy of specific programs or to help identify populations that may be in need of additional services. To find out if your employer has provided demographic information to Emotionally Speaking, please speak with your Emotionally Speaking program manager or human resources team.
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Information We Collect Automatically When You Use the Services
We collect information that alone or in combination with other information in our possession could be used to identify you (“Personal Information”) as follows:
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Personal Information You Provide. We may collect Personal Information if you create an account or communicate with us as follows.
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Communication Information. If you otherwise communicate with us, we may collect your name, contact information, and the contents of any messages you send (“Communication Information”).
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Personal Information We Collect Through Our Social Media Pages. We have pages on social media sites like Instagram, Facebook, Twitter, YouTube and LinkedIn (“Social Media Pages”). When you interact with our Social Media Pages, we will collect Personal Information that you elect to provide to us, such as your contact details (“Social Information”). In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages, which may include information about your engagement with our social media sites.
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Personal Information We Receive Automatically From Your Use of the Service. When you visit, use, and interact with the Service, we may receive certain information about your visit, use, or interactions (“Technical Information”). For example, we may monitor the number of people that visit the Services, peak hours of visits, which page(s) are visited, the domains our visitors come from, and which browsers people use to access the Service (e.g., Chrome, Firefox, etc.), broad geographical information, and navigation pattern. In particular, Technical Information includes the following, which is created and automatically logged in our systems.
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Log data. Information that your browser automatically sends whenever you visit the Site (“log data”). Log data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interacted with the Site. Cookies. Please see the “Cookies” section below to learn more about how we use cookies. Device information. Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings. Usage Information. We collect information about how you use our Service, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency, and duration of your activities.
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Cookies. We use cookies to operate and administer our Site, gather usage data on our Site, and improve your experience on it. A “cookie” is a piece of information sent to your browser by a website you visit. Cookies can be stored on your computer for different periods of time. Some cookies expire after a certain amount of time, or upon logging out (session cookies), others survive after your browser is closed until a defined expiration date set in the cookie (as determined by the third party placing it), and help recognize your computer when you open your browser and browse the Internet again (persistent cookies). For more details on cookies please visit All About Cookies.
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Browser local storage. We also store data locally on your device to enhance the user experience for our Services. For example, browser local storage allows us to save the state of your current page so that when you return at a later time or refresh the browser, the page will remain the same. We may also use browser local storage to: (i) save a list of items the user last used on the website or Services (such as events and properties the user selected) so we can display “recently viewed items”; or (ii) marking once a user has seen a tutorial, video, tooltip or onboarding flow so that the user only sees the content one time.
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Mobile Services. We may also collect information from your mobile device, such as but not exclusively, the first time the mobile application is opened, mobile carrier, and the type of device that is being used, if you have downloaded our applications. This information is generally used to help us deliver the most relevant information to you and improve our Services and coaching platform. Examples of information that may be collected and used include how you use the Services and information about the type of device you use. In addition, in the event our mobile applications crash on your mobile device, we will receive information about your mobile device model and OS version, which allows us to identify and fix bugs and otherwise improve the performance of our Services. We send you push notifications from time-to-time such as reminders for coaching sessions. If you no longer wish to receive these types of communications, you may turn them off at the device level. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information. We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from.
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Analytics. We may use a variety of online analytics products (such as Google Analytics, whose data use practices are explained at www.google.com/policies/privacy/partners/) that use cookies to help us analyze how users use the Site and enhance your experience when you use the Site.
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Online Tracking and Do Not Track Signals. We and our third party service providers may use cookies or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Site. Our Site currently does not respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy Policy whether or not a DNT signal is received.
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Your Choices. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off.
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Please note that if you limit the ability of websites to set cookies, you may be unable to access certain aspects of the Services and you may not be able to benefit from the Services’ full functionality.
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Advertising networks may use cookies to collect Personal Information. Most advertising networks offer you a way to opt out of targeted advertising.
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USE OF YOUR INFORMATION
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Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Application to:
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Administer sweepstakes, promotions, and contests.
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Assist law enforcement and respond to subpoena.
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Compile anonymous statistical data and analysis for use internally or with third parties.
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Create and manage your account.
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Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Application to you.
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Email you regarding your account or order.
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Enable user-to-user communications.
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Fulfill and manage purchases, orders, payments, and other transactions related to the Application.
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Generate a personal profile about you to make future visits to the Application more personalized.
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Increase the efficiency and operation of the Application.
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Monitor and analyze usage and trends to improve your experience with the Application.
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Notify you of updates to the Application.
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Offer new products, services, mobile applications, and/or recommendations to you.
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Perform other business activities as needed.
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Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
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Process payments and refunds.
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Request feedback and contact you about your use of the Application.
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Resolve disputes and troubleshoot problems.
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Respond to product and customer service requests.
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Send you a newsletter.
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Solicit support for the Application.
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Disclosure of Your Information
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
By Law or to Protect Rights
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
THIRD-PARTY SERVICE PROVIDERS
We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
MARKETING COMMUNICATIONS
With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.
INTERACTIONS WITH OTHER USERS
If you interact with other users of the Application, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs.
ONLINE POSTINGS
When you post comments, contributions or other content to the Applications, your posts may be viewed by all users and may be publicly distributed outside the Application in perpetuity
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THIRD-PARTY ADVERTISERS
We may use third-party advertising companies to serve ads when you visit the Application. These companies may use information about your visits to the Application and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.
AFFILIATES
We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
BUSINESS PARTNERS
We may share your information with our business partners to offer you certain products, services or promotions.
OFFER WALL
The Application may display a third-party-hosted “offer wall.” Such an offer wall allows third-party advertisers to offer virtual currency, gifts, or other items to users in return for acceptance and completion of an advertisement offer. Such an offer wall may appear in the Application and be displayed to you based on certain data, such as your geographic area or demographic information. When you click on an offer wall, you will leave the Application. A unique identifier, such as your user ID, will be shared with the offer wall provider in order to prevent fraud and properly credit your account.
MEDIA CONTACTS
If you connect to the Application through a social network, your contacts on the social network will see your name, profile photo, and descriptions of your activity.
OTHER THIRD PARTIES
We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.
SALE OR BANKRUPTCY
If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this Privacy Policy.
We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.
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Tracking Technologies
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COOKIES AND WEB BEACONS
We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Application to help customize the Application and improve your experience. When you access the Application, your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Application. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.
INTERNET-BASED ADVERTISING
Additionally, we may use third-party software to serve ads on the Application, implement email marketing campaigns, and manage other interactive marketing initiatives. This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us. For more information about opting-out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
WEBSITE ANALYTICS
We may also partner with selected third-party vendors, such as Adobe Analytics, Google Analytics, Apple AnalyticsPinpoint and others, to allow tracking technologies and remarketing services on the Application through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Application, determine the popularity of certain content, and better understand online activity. By accessing the Application, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can install and/or update your settings for one of the following:
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Google Analytics Opt-Out Plugin
You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.
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Third-Party Website
The Application may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Application, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Application.
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Update Your Information
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Please contact us at hello@emotionallyspeaking.com if you need to change or correct your Personal Information.
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Security of Your Information
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We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.
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Security of Your Information
We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.
Our ES app uses encryption technology, for the following:
- AES-128-XTS encryption for text chatting
- AES-256 encryption for authentication and storing users' data
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Policy for Children
We do not knowingly solicit information from or market to children under the age of 12. If you become aware of any data, we have collected from children under age 12, please contact us using the contact information provided below.
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Controls for Do-Not-Track Features
Most web browsers and some mobile operating systems [and our mobile applications] include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.
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Options Regarding Your Information
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Account Information
You may at any time review or change the information in your account or terminate your account by:
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Logging into your account settings and updating your account
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Contacting us using the contact information provided below
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.]
Emails and Communications
If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:
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Noting your preferences at the time you register your account with the Application
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Logging into your account settings and updating your preferences.
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Contacting us using the contact information provided below
If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.
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California Privacy Rights
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Application, you have the right to request removal of unwanted data that you publicly post on the Application. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Application, but please be aware that the data may not be completely or comprehensively removed from our systems.
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Contact Us
If you have questions or comments about this Privacy Policy, please contact us at hello@emotionallyspeaking.com
Emotionally Speaking Inc.
551 Valley Road, #108, Montclair, New Jersey, 07043
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