A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We use the following cookies:
- any of our software programmes provided to you, including, without limitation, our mobile application software that you have been provided access to and/or use of, and any updates or supplements to any of them (the “Gweek Software“);
- our website at https://www.gweekspeech.com/
- the services you connect to via the Gweek Software and/or the Site and any of our content we provide to you through them (the “Services“); and
- where applicable, any related online or electronic documentation (the “Documentation“).
We licence use of the Gweek Software, the Site and the Documentation to you on the basis of this EULA. By accessing or using the Gweek Software or the Site, you confirm that you accept the terms of this EULA and that you agree to comply by it. If you do not agree with this EULA, then you must not access or use any Gweek Software or the Site or any of the Services available through them. We do not sell the Gweek Software, the Site or any of the Documentation to you. We remain the owners of the Gweek Software, the Site and any Documentation at all times. If you have signed-up to use our Services directly (either through the Site or any Gweek Software), access to our Site, the Gweek Software and the corresponding Services are currently made available to you either free of charge (where you have selected to use such of our Services that are currently provided free of charge), or subject to the applicable fees outlined at your point of purchase of the relevant Services (where you have selected to use such of our Services that are currently charged for). Where fees are applicable in respect of any of the Services, your access to and use of such Services shall be subject to your payment of the specified fees. This means that you may not be granted access to the relevant Services through the Site and/or Software until you have paid the specified fees. We reserve the right to introduce charges for use of any of the Site, the Gweek Software or the corresponding Services at any time. Where you have been provided with access to or use of our Services through your employer, business or other appointing entity, they will be responsible for paying any applicable charges for your access and use.
Your Privacy and Other Applicable Terms
The following additional terms will also apply to your use of the Site and/or any Gweek Software:
- Mobile App Marketplace Terms
The ways in which you can use the Gweek Software and Documentation may also be controlled by the rules and policies of the particular mobile app marketplace from which you are downloading the Gweek Software. Please ensure that you read and understand the terms and conditions set out in any such rules and policies. Where there are differences between the two, the applicable mobile app marketplace’s rules and policies will apply instead of these terms.
- App Operating System Requirements
All Gweek Software require a mobile device with an up to date Android or iOS operating system on it with at least 100 MB of available space on its file system.
- Updates and Changes
- From time to time we may automatically update the Gweek Software and change the corresponding Services to improve performance, enhance functionality, reflect changes to the operating system, address security issues or otherwise reflect business priorities and needs. Alternatively we may ask you to update any Gweek Software for these reasons.
- If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Gweek Software and corresponding Services.
- We may also update and change the Site from time to time to reflect changes to our products, our users’ needs, our business priorities or otherwise to reflect business needs.
- This EULA applies to your use of the Site and Gweek Software as such may be updated or changed by us from time to time.
- Suspension or Withdrawal of the Site
We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of the Site for business and operational reasons.
- Support and Contacting us about Problems
- If you want to learn more about any Gweek Software, the Site or the corresponding Services or have any problems using them please take a look at our support resources at https://gweekspeech.com.
- If you think any Gweek Software, the Site or the corresponding Services are faulty or mis-described or wish to contact us for any other reason, please email our customer service team at firstname.lastname@example.org.
- If we have to contact you in respect of the Services you have requested, we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
- Intellectual Property
- All intellectual property rights in all Gweek Software, the Site, any Documentation and the corresponding Services throughout the world belong to us (or our licensors) and any rights in the Gweek Software, the Site, any Documentation and the corresponding Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Gweek Software, the Site, any Documentation and the corresponding Services other than the right to use them in accordance with this EULA.
- You must not use any part of the content on the Site or any of the Gweek Software for commercial purposes without obtaining a licence to do so from us or our licensors.
- How you may use the Gweek Software and Site
In your agreeing to comply with these terms, you may:
- use the Site, Gweek Software and the corresponding Services for your personal, non-commercial use (and these are provided to you solely for your domestic and private use);
- download, stream or install and use a copy of any Gweek Software onto a mobile telephone or handheld device and view, use and display that Gweek Software and the corresponding Services on such device for your personal purposes only;
- use any Documentation to support your permitted use of the Gweek Software, the Site and the corresponding Services;
- receive and use any free supplementary software code or update of any Gweek Software incorporating “patches” and corrections of errors as we may provide to you; and
- provided you comply with section 12, make a copy of any Gweek Software as permitted by law for back-up purposes.
- Your obligations
- Age. If you have signed-up to use our Services directly (either through the Site or any Gweek Software), then you must be 16 or over to accept these terms and use any of our Services. By accessing or using the Site and/or any Gweek Software, you confirm that you are at least 16 years of age. Where you have been provided with access to or use of our Services through your employer, business or other appointing entity, then you confirm that you satisfy any age requirements specified by your employer, business or other appointing entity.
- No transfer. We are giving you personally the right to use the Gweek Software, the Site and the corresponding Services as set out above in section 9. You may not otherwise transfer the Gweek Software, the Site or any corresponding Services to someone else, whether for money, for anything else or for free. If you sell any device or computer on which any Gweek Software is installed, you must remove the Gweek Software from it.
- Third Party Device. If you download, stream or install any Gweek Software onto any mobile phone, device or computer not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
- Keep Account Details Safe. You must ensure that you keep any password or other user identification code required to access any Gweek Software or the Site confidential and not disclose it to any third party. We have the right to disable any password or other user identification code, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these terms. If you know or suspect that anyone other than you knows your password or user identification code, you must promptly notify us at the details set out in section 7.2.
- Viruses. We do not guarantee that the Gweek Software and/or the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access any Gweek Software and/or the Site. You should use your own virus protection software.
- Rights to Upload
- Where the Gweek Software or the Site allow you to upload and share content with other users, you must ensure that you have the right to use, upload and share the content in such a way. You are responsible for getting any consents or permissions required for any content you wish to use in this way.
- You also confirm to us that any such uploads or content you share comply with the acceptable use requirements set out in section 13. You will be responsible for any loss or damage we might suffer as a result of you not complying with this section 11.2 including for you being in breach of any of the provisions of section 13.
- Any content you upload to the Site or within any Gweek Software will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but grant us a perpetual, worldwide, non-exclusive, royalty free, transferable, sub-licensable licence to use, reproduce, distribute, prepare derivative works of, display and perform such content in connection with any of the Services you wish to be provided through the Site or any Gweek Software.
- We have the right to remove any upload or posting you have made if, in our opinion, your post does not comply with the any of these terms. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you constitutes a violation of their intellectual property rights, or of their right to privacy.
You agree that you will:
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Gweek Software or any corresponding Services;
- not rent, lease, sub-license, loan, provide, transfer, distribute, or otherwise make available, any Gweek Software or corresponding Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the Gweek Software, the Site, any Documentation or the corresponding Services, except to the extent permitted under these terms;
- only print off or download any extracts of any pages from the Site for your personal use in respect of any corresponding Services being provided to you and that you will always clearly acknowledge our status (and that of any identified contributors) as the authors of the content on the Site;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of any Gweek Software, the Documentation or the corresponding Services nor permit any Gweek Software, Documentation or corresponding Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use any Gweek Software and the corresponding Services on devices as permitted in these terms;
- not translate, disassemble, decompile, reverse-engineer or otherwise tamper with any Gweek Software or attempt to do any such thing, except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of any Gweek Software with another software program, and provided that the information obtained by you during such activities:
- is used only for the purpose of achieving inter-operability of the Gweek Software with another software program;
- is not disclosed or communicated to any third party without our prior written consent; and
- is not used to create any software which is substantially similar to the Gweek Software; and
- is kept secure.
- not create any derivative works based upon any Gweek Software or our content on the Site, or remove, obscure or vary any proprietary notices on or in any Gweek Software or the Site;
- keep access to and any copies of any Gweek Software secure and to prevent any unauthorised use of any Gweek Software by any persons.
- Acceptable Use
- not use the Gweek Software, the Site or corresponding Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Gweek Software, the Site or any operating system;
- not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site (including through any use of a denial-of-service attack or a distributed denial-of service attack), and in the event of your breach of this section 13.2 your right to use the Site will cease immediately;
- not infringe our intellectual property rights or those of any third party in relation to your use of any Gweek Software, the Site or any corresponding Services, including by the submission or upload of any content not licensed by these terms;
- not establish a link to the Site or any part of the Site in any other website, unless you have otherwise obtained permission from us through contacting us at the details set out in section 7.2;
- not transmit any material that is illegal, defamatory, offensive or otherwise objectionable in relation to your use of the Gweek Software, the Site or any corresponding Services;
- not use the Gweek Software, the Site or any corresponding Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.
- The Gweek Software or the Site may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
- You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
- The Site and Gweek Software may include information and materials uploaded by other users. This information and these materials have not been verified or approved by us. The views expressed by other users do not represent our views or values.
- If you wish to complain about information and materials uploaded by other users please contact us on the details set out in section 7.2.
- You promise to keep confidential all data (including object and source codes), drawings, specifications, software listings and all other information relating to the Gweek Software, the Site, the Documentation and the Services that are provided to you by us or on our behalf. You will not at any time disclose the same, whether directly or indirectly, to any third party without our prior written consent.
Liability. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. Otherwise, our total liability to you in respect of all claims arising out of or in connection with this EULA shall be limited to the total amount you have paid to us for use of the Services.
- However, to the extent permitted under law, we shall not be liable to you for any: loss of profit or revenue; loss of business; loss of opportunity or contract; loss of goodwill; loss of reputation; loss of data; and/or indirect or consequential losses of any kind.
- Damage to your Property. In addition to our liability set out above, if defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- Limitations to the Gweek Software, the Site and the Services. The Gweek Software, the Site and the corresponding Services are not intended to offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Gweek Software, the Site or the corresponding Services. Although we make reasonable efforts to update the information provided by the Gweek Software, the Site and the corresponding Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
- Back-up content and data used. You are responsible for backing up any content and data used in connection with the Gweek Software or the Site and we recommend that you do so to protect yourself in case of problems with the Gweek Software or the Site.
- Check that the Gweek Software and the Services are suitable for you. The Gweek Software, the Site and any corresponding Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Gweek Software, the Site and any corresponding Services meet your requirements.
- Disclaimer. This EULA sets out the full extent of our obligations and liabilities in respect of the supply of the Gweek Software, the Site, any Documentation and the Services. Except as expressly stated in this EULA, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us and any such terms that could otherwise be implied into this EULA is excluded to the fullest extent permitted by law.
- Where you have been provided with access to or use of our Services through your employer, business or other appointing entity, your rights to use the Gweek Software, the Site, any Documentation and the Services will only continue for so long as you are authorised to do so by your employer, business or other appointing entity as part of your duties, training or other responsibilities. Once this is no longer the case, your rights to use all Gweek Software, the Site, any Documentation and the Services will end.
- Where you have signed up to use our Services directly, you will be allowed to use the Gweek Software, the Site, any Documentation and the Services for as long as you keep complying with these terms.
- We may also end your rights to use the Gweek Software, the Site, any Documentation and the Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
- If your rights end or we end your rights to use the Gweek Software, the Site, any Documentation and the Services:
- you must stop all activities authorised by these terms, including your use of all Gweek Software, the Site, any Documentation and the Services;
- you must delete or remove all Gweek Software from all devices or computers in your possession and immediately destroy all copies of any Gweek Software which you have; and
- we may remotely access your devices and remove any Gweek Software from them and cease providing you with access to the Site and any Services.
- Severability. If any provision of this EULA is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, that provision shall be severed and the remainder of the provisions shall continue in full force and effect as if this EULA had been agreed without the invalid, illegal or unenforceable provision.
- Assignment. We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA. You may only transfer your rights or your obligations under this EULA to another person if we agree in writing.
- Third Party Rights. No term of this EULA is enforceable by any person who is not a party to it.
- Releases and Waivers. If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Entire Agreement. This EULA together with any documents referred to in this EULA sets out the entire agreement and understanding between us in respect of the Site, the Gweek Software and the Services. Except in the case of fraud, you agree that you shall have no remedies in respect of any representation that is not set out expressly in this EULA. You acknowledge that you have not relied on, or have been induced to enter into this EULA by, any representation made by or on our behalf that is not repeated in this EULA.
- Governing Law and Jurisdiction. This EULA and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.
We respect your right to privacy. Our overall aim is to ensure that our collection and use of personal information is appropriate to the provision of services to our clients, and is in accordance with applicable data protection laws.
- Who we are
- A quick word about children
- The personal information we collect about you
- How we store and use your personal information
- How we share your personal information and who we share it with
- International transfers
- Data Retention
- Your rights
- Third party sites
- Complaints, questions and suggestions
Who we are
Gweek Learning Limited is the data controller of the personal information that we collect from you. It is a company registered in England and Wales (registration number 11902217), whose registered office is at 3rd Floor, 12 East Passage, London, EC1A 7LP.
A quick word about children
We do not and will not knowingly collect information from any unsupervised child under the age of 16. If you are under the age of 16, you should not access and/or use the Site or any of our Apps.
The personal information we collect about you
When you access, browse and use the Site or the App (including when you submit personal information to us through any data entry fields) and where we provide Services to you, we will usually collect the following information from or about you:
- your name as given to us;
- your audio recordings you make for use of the Services, including the content of any such recordings;
- your video representation of yourself provided with your audio recordings;
- your e-mail address; and
- any e-mail communications, including attachments, which you send to us.
How we store and use your personal information
Users of the Site, Apps and our Services
We collect, store and use your personal information for the following purposes:
- to make the Site and Apps available to you; and
- to provide any Services that you request.
Sometimes, our use of your personal information is for purposes which are ancillary to the provision of the Site, Apps and then Services, or which are desirable in order to make them operate more effectively. In those circumstances, we believe we have a legitimate interest in handling your personal information, and do not believe that this storage and use of your personal information will unduly prejudice your rights or freedoms.
The relevant circumstances are:
- administering the Site and Apps;
- keeping our websites, apps, products and IT systems secure;
- ensuring that our own processes, procedures and systems are as efficient as possible;
- analysing and enhancing the information that we collect;
- dealing with any queries or problems you may have in relation to your use of the Site, Apps or Services;
- providing communications and notifications in respect of the Site, Apps or Services;
- determining the effectiveness of any promotional campaigns and advertising we undertake; and
- where you have given us your consent, contacting you with products and services which we think may interest you.
In some, relatively limited, circumstances we need to handle your personal information in a certain way to be able to comply with our legal obligations – for example: if we are requested to disclose your personal information to regulatory bodies; if we need to demonstrate our compliance with applicable law; and for the purposes of compliance with any applicable laws in respect of our business and our provision of services.
We collect anonymised details about visitors to our Site for the purposes of aggregate statistics or reporting purposes. However, no single individual will be identifiable from the anonymised details we collect for these purposes.
How we share your personal information and who we share it with
We will disclose information under the following circumstances:
- Services and Site usage information: When we share anonymous information generated by our Services with our customers.
- Third-party service providers: When we share information with third-party service companies for them to facilitate or to provide certain services on our behalf. This will include:
- IT infrastructure companies that facilitate our provision of the Site and/or Apps and Services to you, for example AWS and Google,
- IT support service providers; and
- other third-party service providers who track our customers’ use of the Site, Apps and the Services for us (for example, analytics and search engine providers that assist us in the improvement and optimisation of our Site).
These companies are authorised to use your personal information only as necessary to provide the relevant services to us.
- Merger or acquisition: When we need to transfer information about you if we are acquired by or merged with another company. If we are involved in a merger, acquisition, or sale of all or a portion of our assets, you will be notified by email and/or a prominent notice on our Site of, as applicable, any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
We may provide temporary access to your personal information that we collect from you to third parties within the EU or to our group of companies outside of the EU / EEA in connection with the above purposes.
Where we provide temporary access to such third parties, we abide by the European Commission’s data protection clauses as our standard operating procedure. Our group of companies outside of the EU / EEA abide by the European Commission’s data protection clauses.
We will never store your personal data outside of the EU longer than necessary in connection with the above purposes, nor give access to any of your personal information to third party services who would not comply with the European Commission’s data protection clauses.
Technologies such as cookies, beacons, tags and scripts are used by us and our affiliates, or analytics or service providers. These technologies are used in analysing trends, administering the Site, tracking users’ movements around the Site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
Whilst we take appropriate technical and organisational measures to safeguard the personal information that you provide to us, no transmission over the Internet can ever be guaranteed secure. Consequently, please note that we cannot guarantee the security of any personal information that you transfer over the Internet to us.
Where we have given you, or where you have chosen, a password that enables you to access certain parts of our Site or Apps, you are responsible for keeping this password confidential. Such passwords should not be shared with anyone.
Your personal information will be retained in order to fulfil legitimate business interests and for the purposes of providing the requested service to you. This includes internal research and analysis to ensure that you receive the best learning experience. It will be deleted once it is no longer required for the purposes of providing the requested service to you, except where we need to keep any personal information to comply with our legal obligations, resolve disputes, or enforce our agreements. Please note that any financial information will be kept in accordance with local laws.
You can request to delete your account by contacting us at any time. Please bear in mind that, if you delete your account, all data associated with your account, including the recordings that you have uploaded and the usage data associated with those recordings, will be deleted and may not be recoverable. See “Your rights” below for more details.
If you opted in for marketing emails we’ll send you e-mails from time to time to inform you about new content or offers available at our website or in our app. You can always unsubscribe from these emails and we’ll never contact you by phone or any other means.
You’ll also receive transactional emails from us. These emails would always be triggered by your actions, informing you about new scores or other responses to events that you initiated. You cannot unsubscribe from these emails as this communication is required for us to provide you this service.
You have certain rights in relation to your personal information. If you would like further information in relation to these or would like to exercise any of them, please contact us at email@example.com at any time. You have the right to request that we:
- provide access to any personal information we hold about you;
- update any of your personal information which is out of date or incorrect;
- delete any personal information which we are holding about you;
- restrict the way that we process your personal information;
- prevent the processing of your personal information for direct marketing purposes;
- provide your personal information to a third-party provider of services;
- provide you with a copy of any personal information which we hold about you (we will provide any information requested free of charge, although we may still charge a reasonable fee if your request is manifestly unfounded or excessive, or repetitive); or
- consider any valid objections which you have to our use of your personal information.
We will consider all such requests and provide our response within a reasonable period (and in any event within any time period required by applicable law). Please note, however, that certain personal information may be exempt from such requests in certain circumstances.
If an exception applies, we will tell you this when responding to your request. We may request you provide us with information necessary to confirm your identity before responding to any request you make.
Third party sites
Complaints, questions and suggestions
If you have any complaints about our Site or services, please contact our data protection officer at:
Address: 3rd Floor, 12 East Passage, London, EC1A 7LP
In the EEA, you may also make a complaint to our supervisory body for data protection matters (the Information Commissioner’s Office in the UK) or seek a remedy through local courts if you believe your rights have been breached.