Terms of use

 

These conditions are the terms and conditions with which you (the user) and Talketika S. L (from now on Talketika) regulate the use of the Talketika website. By accessing or using our website, you accept that you have read, understand and agree to be bound by these Terms of Use. If you don’t agree to be bound by all of the Terms of Use, do not access or use the Talketika website.

 

Purpose of the web site:

 

The Talketika website (from now on website) has been created solely for the informative and commercial purposes of its users, who can make use of the free information, accessible to any registered user, without charge at any stage of access. Talketika wants to establish the terms and limitations of use especially on this site and they extend to all the complementary and non contradictory clauses, in which other parts of the website are subject to general and/or individual conditions and also to “Special Conditions” in the case of being necessary for specific services. These “Special Conditions” should be available to the User in a reliable way via any required means and examined by the User before both parties deem them acceptable and proceed accordingly.

 

Limitations on use and information and content protection of Talketika:

 

The content and information, which the user can access through the website, mainly via the browser or in the place reserved by the registered user, isTalketika property.  information can be displayed for personal, informative and non-commercial uses. It is forbidden to copy, distribute, execute, reproduce, license, transfer or sell any kind of information extracted from the Talketika website and especially from the Speakers' browser.

 

Talketika makes specific changes to the information, inserting watermarks with encryption technology, which doesn’t modify the content or meaning of it in any way, but  allows the detection of illicit commercialization of its database, the location said commercializations, and also, the extraction date and IP. Talketika will be able to prove the illicit gathering of information and therefore, it will demand the  penalization in the criminal code related to the misappropriation of databases.

 

Copyrights and trademarks:

 

The intellectual and industrial property, commercial brands, graphics, images, logos, information and visible icons on the Talketika website are exclusive property of Talketika or of the organization or group that authorize its inclusion. All the content and its format  is protected by the existing laws on national and international levels.

 

The inappropriate use of any content that is shown on the website of Talketika is absolutely forbidden, except if a written licence exists.

 

 

Privacy Policy

 

The purpose of Talketika's privacy policy is to adhere to the current legislation for personal data protection. For any questions in regard to this, as well as to exercise your right to object, rectify or cancel your data in our database, you should identify yourself in an way unequivocal manner and write to: Talketika S.L., C/ María Teresa 19, 3ºD. 28028. Madrid, or to the email address: info@talketika.com

 

Talketika won’t use your information without permission with the exception of your email address when required in order to establish a dialogue initiated by you It may also be used to facilitate the administration of your own personal information and services as far as possible and without any form of obligation to use it. By using the Talketika website, you authorize us to store the trace of your IP address for the purpose of administering the systems, improvement of the effectiveness of the website, the carrying out of global studies and as a security measure to respond to legal injunctions if this were to be the case. The user has the option of accepting or refusing “cookies” configuring their browser. In that case, it is possible that some website functions don’t work correctly. On occasions, authorization is requested to send news about Talketika services and/or about third parties, and periodicallyTalketika conducts surveys to enquire about the level of satisfaction of the user with regard to the service

 

Talketika, as the owner and manager of the website, will not be allowed to sell or rent its list of users and contact data to third parties. It's possible however that within direct communications Talketika includes information about third parties that it believes may be of special interest for the user, to which the user can opt out of at any time in line with our privacy policy.

 

Responsibility

 

Talketika  does not take responsibility for damage incurred due to faults or incorrect configuration of the software installed on the user’s computer, transmission faults or manufacturer defects in the software. This website is created to be displayed by default on Internet Explorer 8 browsers and higher, Firefox 3 and higher, Google Chrome 5 and higher, and in general, browsers that adhere to web standards and to any operating system. Talketika  does not take responsibility for problems displaying relevant information that could be produced by the combination of other kinds of browsers and operating systems.

 

You are the only party responsible for what happens to your equipment, and you should take the appropriate security measures to protect the information stored on it, to avoid loss or damage caused by the downloads from the website. As regards to the information that the user can access through the website, Talketika doesn’t guarantee its absolute correctness due to the different sources used to obtain it and its process of recording. For that reason, the user won’t be able to demand any responsibility for damages caused by errors in the provided information.

 

Modifications

 

Talketika can modify the current conditions at any time, though not intended to be frequent, and it will publish the dates of modifications which will come into force immediately on the same website. If a legislative change or court decision resolves that part of the current conditions cease to be applied, these clauses will be annulled, but the rest will remain perfectly valid and in force. The act of continuing to use our website implies that you accept these conditions and you commit to accepting the modifications applied to it, which will entail reviewing this page frequently. If you decide not to accept these conditions, you should cease visiting the Talketika website.

 

Privacy policy

 

The data given in order to be registered as a user of talketika.com will be stored in the strictest confidentiality and treated according to the Organic Law 15/1999, for Protection of Personal Data.

 

Consequently, the personal data provided voluntarily is verified and incorporated to within the file named “Users” in the database of Talketika S.L. with the aim of managing the services provided to you and to inform you about Talketika.com products and services via any means that you provide us.

 

From this moment, you will receive Talketika's free information bulletin, the best way to find out what Talketika offers you, updates to the website and news that affects the field of language knowledge. If you don’t wish to receive these communications, you will be able to unsubscribe by indicating this to contacto@talketika.com.

 

Your personal data won’t be passed to any kind of organization, public or private, except for those required by legal obligation or for the provision of the contracted services.

 

Those affected will be able to exercise their rights to access, rectification, cancellation and opposition,  by communicating with the person responsible for the file at our address.

Email: info@talketika.com

 

Legal note

 

1. Service Provider Identification:

 

In compliance with the provisions of article 10 of Act 34/2002 of the 11th of July regarding Services of the Information Society and E-commerce, providers must offer society services information reflected in the following:

 

The owner of the website www.talketika.com is Talketika S.L. with CIF number B86228715, established in Maria Teresa 19, 3ºD - 28028, Madrid (Spain) and registered in Madrid Company Register in archive: 29.737, page: 72, section: 8, numered: M-53501.

 

2. Privacy Policy of personal data

 

For the purpose of compliance with the Organic Law 15/1999 of December 13th, on the protection of information of a personal nature, we inform the users that, by the introduction of information to the form, your personal information will be saved in the Talketika S.L. file named “Users” with the purpose of being able to offer you the services that better fit to your needs and preferences.

 

Talketika S.L guarantees the security and confidentiality of the personal data that you provide as a user. In this way it is committed to meeting its privacy obligation with respect to personal information and its duty to protect

it, adopting the security measures required by current laws to avoid its unauthorized alteration, loss, handling or access. Therefore, all the information you provide will not be  passed to anyone else except in

the cases that have legal obligation to do so or for the proper provision of contracted services.

 

You can, at any time, exercise your legal rights of access, rectification, cancellation and objection, by means of

a written communication to our email address by clicking here: info@talketika.com

 

3. Others

 

A.- Talketika S.L. uses cookies which are stored on the user’s computer. Cookies are small files that our computer sends to the user's computer, but they are not used to provide us with information about your name or other type of  personal data. When the user surfs the website of Talketika S.L. the server where it is hosted automatically recognises the IP address of their computer, the day and the time when the visit starts, when it ends, as well as information regarding the different sections visited. It is necessary for our server to know this data in order to be able to communicate with you and to transmit requested data to be displayed on your screen.

B.- Talketika S.L. can modify, without prior notice, the information contained in its website, as well

as its settings and presentation.

C.- Talketika S.L. is not responsible for the breach of any rule that may incur the user's access to the website and/or the use of the information contained herein.

 

User agreement to the Privacy Policy:

 

The use of disclaimers: a disclaimer is a responsibility exemption clause. This clause is placed next to a tab that collects the acceptance or refusal of the User, with which we can obtain the authorization of the User in a manner that is forthcoming and clear in all areas it is required.

 

The use of disclaimers will be necessary in the following aspects:

 

  • In each and every form for which personal details are provided on the website, the following attached clause will be inserted along with a tab to accept or refuse the sending of data. In particular, if on the website there exists a final contact page with the collection of personal data, this clause will be placed together with the tag that accepts or refuses the sending of data.

  • The personal data collected by the service provider through the forms can only be communicated to third parties (for example, the communication of personal data collected by an entity within a corporate group to the rest of the entities in the group) for purposes directly related to the legitimate functions of the assignor and assignee, with prior consent of the holder of the data. Therefore, in cases of the service provider's intention to transfer the personal data, the user's previous acceptance must be collected. This can be done via the introduction of a new tab of acceptance for the exemption clause or disclaimer which is outlined in detail below which the User will tick if they consent to the transfer of data to third parties.

  • In addition, the service provider will include the disclaimer to collect the express consent of the User/Customer to send advertising information. The User/Customer may revoke such consent provided for the reception of commercial communication at any time by simply notifying of such will, for which the service provider shall provide simple and free procedures to facilitate access to the information about them in an accessible way.

 

In order to be able to send personal data  via a data collection form, the User/Customer must always accept the privacy policy, otherwise the website will not allow the sending of data and will warn the User/Customer of this feature; the acceptance of direct marketing is optional.

 

Customer service:

 

  • A service provider of society information that dedicates all or part of the website to electronic booking must make a customer service option available to users, which can be either internal or external. In the case of being an external company to that of the service provider, there must be an agreement or contract between the parties for the provision of this service. The customer service provider shall resolve and answer to all the questions that the users may put forward before, during or after the process of electronic booking. Furthermore, it shall deal with questions or complaints that could be made later. These should be answered as soon as possible and diligently.

  • A Customer service should be available based on the most fluid means possible that guarantee personal contact between the user and the company, making the service available to users for the sufficient amount of time so as to provide a simple contact service in which they can resolve any questions or complaints related to the website services.

  • It is the responsibility of the company to maintain a register in which the complaints made by the users are collected including records of their respective circumstances. This file should be stored for a minimum of 5 years from the date of collection.

 

Use of Cookies:

 

  • Cookies are the information that can be stored automatically in data files by the web browser and used in order to offer a better service for current and future web browsing, improving the download speed of the website and its display. In addition, they also allow the display and identification of devices accessing the server.

  • In all cases, the use or not of cookies depends on the user of the website and the options that have been selected in the web browser. Users can configure their browser to be notified on screen of the reception of cookies and to prevent the installation of cookies on their hard  drive. Please, consult the instructions and user manual of your web browser for more information.

  • Thanks to cookies, it is possible for the user's server, or that of the third party acting on their behalf, to recognize the browser of the computer used by the user, with the objective of making the visit to the website easier allowing users who have signed up previously to access the areas or services reserved exclusively for them without having to sign up on each visit. They are also used to measure audience and traffic parameters and monitor progress and the number of entries.

  • To use the website it is not necessary for the user to allow the installation of cookies sent by the website, or of third parties acting on their behalf, notwithstanding, it is necessary in such cases for the user to log in for each service that requires prior registration or login.

  • Similarly, the web servers will be able to  automatically detect the IP address and domain name utilised by the user. Such information is registered in an activity file of the server, which then permits the data to be processed with the objective obtaining the statistical measurements that allow the number of i hits per page to be known, the number of visits made to the web services, etc.

  • This information on “Cookies” is explained clearly and concisely to all users   of the company website in Cookies policy.

 

Personal data in newsgroups, online discussion forums, chat sites, public and similar:

 

  • The Companies that use newsgroups, board postings, forums or chats on their websites to collect data for the purpose of advertising , beyond providing a valuable added service to the website, will not be able to use said data except if in the case that it conforms with the user's express and unequivocal consent.

  • taken Appropriate security measures must be taken at all times to ensure the integrity and confidentiality of the user’s collected, processed and/or stored personal data and a daily review conducted possible of those users who ignore this warning. Users must be informed about the protection level used in their personal data and the possible limitations of the security system used.

 

Distance-selling advertising:

 

General principles:

 

  • In distance-selling advertising, achieved via electronic means of communication, the advertiser must be recognisable, so that the user can locate and contact them directly.

  • The advertiser must provide the essential data for its identification (name or corporate name, their legal address, or their email address, telephone number or any information that allows to contact with them directly and effectively) to users in a simple, clear and accessible way.

  • Any advertising should conform to current legal standards, the basic constitutional principles of equality, non-discrimination, freedom of expression and veracity of in its content.

 

Advertising identification:

 

  • When distance-selling advertising is delivered via electronic means of communication it should be clearly identifiable as such. The advertising content should  contain the words “ADVERTISING” or “PROMOTION”

  • All emails or other means used to communicate an advertisement or promotional spot should have the word advertising in its mail header or in the section “Subject”

  • Surreptitious advertising is not permitted, understood to be that which purposefully takes advantage of the confusion, ignorance or other similar situations the consumer may encounter, and those that have a misleading purpose not only to the recipient, but also to the authorities.

 

Information to the recipient:

 

  • Any advertising or promotional message sent to an a user should be clearly identifiable as such. If a direct offer to sign up or subscribe is made in the advertisement or offer, the recipient should be provided all of the information related to the contract so that he or she only need to confirms his/her acceptance of the mentioned offer. In all cases, alternative means of communication with the company will be provided to clarify issues related to the offer or promotion that remain uncertain.

  • In the case of advertisements or promotions relating to access to additional services with a higher cost than the basic telecommunication fees the advertisers must inform users about the cost or price of agreeing to a message or service when it comes with a higher fee than that of basic telecommunications.

 

The recipients will be clearly informed about the costs before agreeing to the message or service, and they should be allowed a reasonable amount of time to disconnect from the service without incurring any charges.

 

Advertising in emails or other individual and equivalent media:

 

All companies should meet the following requirements related to advertising delivered via email or other digital means:

 

  • It is strictly forbidden to send unsolicited advertising through email or equivalent media that have not been previously requested or expressly authorized by the recipient. It is understood that authorization for the receipt of any advertising has been expressly communicated where the recipient has previously given clear, unequivocal consent via the ticking of a specific box to that end.

  • Every company guarantees that the advertising or promotional emails sent must contain a legal notification indicating the possibility for the recipient to revoke their consent to receive advertising or promotional emails. This procedure should be straightforward.

  • In all cases, advertising messages must contain the word “ADVERTISING” or “PROMOTION” in the mail header or in the “Subject” section in order to be easily identifiable as such. In addition, they should indicate the name of the individual and legal entity of the sender.

  • In promotional offers, such as those that include discounts, prizes and gifts, and for competitions or promotional games, the asssurance of compliance with the aforementioned requirements and trading standards must be clearly identified and the conditions for access and/or participation indicated by Talketika.

 

Advertising  via other non-individual modes of communication:

 

All companies will ensure that in the case of having forums, chat rooms or similar features on their website, forms of mass advertising will not be permitted without the prior authorisation of the forum moderator and/or the owner of the website.

 

Usability and Accessibility of the website:

 

Companies guarantee that advertising will not interfere with the browsing of the website as far as possible at all times. The owner of the website will promote the accessibility of the website according to WAI AAA regulations.

 

Protection of Minors:

 

Members adhering to this code will need their business  to display clear information about the content of their website and in the case of  requirement of the user’s legal age, users must be warned previously and it this step will be essential to accessing the website. Members will be able to obtain the certification of organizations or the entities in charge of regulating and identifying  websites with exclusive content for adults.

 

Under no circumstances will  advertising, whether via  email or similar means, or  via banners  on the website be harmful to the moral well-being of minors, and must guarantee the following limits:

 

  • Establishing a barrier to entry for content considered suitable only for adults above the age of 18. The user must accept the terms and conditions explicitly and unequivocally before accessing the site.

The purchase or subscription of offered services on the part of minors, as far as possible, is not permitted and should be complied with on the principle of good faith.

  • All kinds of public or private measures to encourage human values will be promoted, removing from their websites all possible information of a xenophobic, racial, sexual, or destructive nature, and others which offend common decency and the understanding of the information in light of the age of the minor.

 

Cooperation with public authorities:

 

Companies that carry out electronic commerce and advertising activities via electronic means of communication have to collaborate with the competent authorities and inform them of any relevant information that they have access to related to suspected illegal activities online (pornographic contents related to children, promotion or illicit commercialization of medicines of or drugs, procurement or others which are detailed in the Spanish Penal Code).