OUR TERMS OF SERVICE & PRIVACY NOTICE

Last modified: February 14th, 2023


Terms of Service

Welcome to Babbly

Please read the Babbly Terms of Service carefully. The Babbly Terms of Service affect your legal rights and impose obligations on you. By using Babbly you agree to the Babbly Terms of Service even if you do not take the time to read the Babbly Terms of Service. In these Terms of Service, “Babbly” refers to our website (https://www.babbly.co/), our mobile app, and the products and services offered through our website and mobile app. References to “we”, “us” or “our” means Village Voice Technologies Inc (“Village Voice”).

BABBLY IS NOT A HEALTHCARE PROVIDER AND IS NOT RESPONSIBLE FOR THE HEALTHCARE SERVICES DELIVERED BY HEALTHCARE PROFESSIONALS. BY USING BABBLY YOU AGREE ON YOUR OWN BEHALF AND ON BEHALF OF FAMILY MEMBERS TO COMPLETELY RELEASE VILLAGE VOICE FROM ANY LIABILITY FOR ANY ACT OR OMISSION OF A HEALTHCARE PROFESSIONAL. PLEASE READ THE TERMS CAREFULLY.


There are three parts to these Terms of Service.

1. Family Terms

The Family Terms apply to individuals who are using Babbly to connect with Affiliated Coaches to obtain pediatric care for the child.

2. Professional Terms

The Professional Terms apply to Referring Providers who submit referrals for pediatric care for their clients and the Affiliated Coaches who provide pediatric care.

3. General Terms

The General Terms apply to all users of Babbly.


1. Family Terms

These Family Terms and the General Terms apply to the use of Babbly by individuals who are using Babbly to connect with Affiliated Coaches to obtain pediatric care for their child. Please read these Family Terms and the General Terms carefully.

Referrals to Affiliated Coaches

Babbly is not a provider of healthcare. Babbly is a platform designed to help families with children connect with Affiliated Coaches for non-emergency health care.

Affiliated Coaches, or coaches provided directly by Babbly, are practicing Speech-Language Pathologists. Babbly does not replace your primary care providers.

Not for Emergency Use

Babbly is not medical advice or a diagnostic tool, nor is it designed for emergency medical consultations. PLEASE CALL 911 OR GO TO THE NEAREST HOSPITAL OR EMERGENCY CENTRE IF YOUR CHILD IS EXPERIENCING AN HEALTH EMERGENCY.

Fees

Babbly may offer both free and paid versions of its app; both are subject to these Terms and Conditions, and to Babbly’s Privacy Notice. Paid services include, as set out from time to time by Babbly in its paid-for services, access to content, voice analysis, and text/chat/email support with Babbly team members, Babbly speech-language coaches, or Affiliated Coaches. These paid services may be subject to change, with notice.

In the event you utilize services provided by an Affiliated Coach, you will be advised of the fee for those services before you receive them. You are responsible for all fees, including any applicable taxes, and are subject to the sales conditions and payment requirements of the Affiliated Coach, including responsibility for cancelations or any other charges relating to the use of services of an Affiliated Coach. Village Voice takes no responsibility for the services provided by Affiliated Coaches. Village Voice cannot assist you with and has no responsibility for any dispute about the healthcare services you have received from the Affiliated Coaches you have been connected to through Village Voice .

RELEASE OF LIABILITY

By using Babbly you agree, on behalf of yourself, the child for whom SPEECH SERVICES is sought through Babbly, and all family members of that child (collectively referred to as the Releasors), that:

A. BABBLY IS NOT A HEALTHCARE PROVIDER AND IS NOT RESPONSIBLE FOR THE PROVISION OF HEALTHCARE SERVICES; AND

B. THE RELEASORS RELEASE VILLAGE VOICE AND ITS EMPLOYEES, OFFICER, DIRECTORS, CONTRACTORS, REPRESENTATIVES AND AGENTS FROM ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTIONS, DEMANDS, RIGHTS, DAMAGES, COSTS, LOSS OF WAGES EXPENSES, HOSPITAL AND MEDICAL EXPENSES, LOSS OF CONSORTIUM, LOSS OF SERVICE AND ANY OTHER DAMAGES OR COMPENSATION WHATSOEVER (INCLUDING FROM PERSONAL INJURY AND DEATH) ARISING OUT OF OR RELATING TO ANY ACT OR OMISSION OF A SPEECH SERVICES PROVIDER (WHETHER A REFERRING PROVIDER, A CONSULTING PROVIDER OR OTHERWISE) CONNECTED WITH BABBLY OR THE SERVICES OBTAINED THROUGH THE USE OF BABBLY EVEN IF YOU DID NOT FORESEE THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF BABBLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2. Professional Terms

Affiliated Coaches

Affiliated Coaches must be a practicing speech language pathologist (SLP). Affiliated Coaches must be approved by our executive team before joining the platform. This process may take up to 14 days from completion of the registration application.

Some of the services may involve an Affiliated Coach providing services virtually through Babbly or in person. An Affiliated Coach represents and warrants that an Affiliated Coach will follow all applicable laws and professional codes of conduct and best practices and exercise independent judgment regarding the appropriateness of providing healthcare services to the patient other than in-person.

Affiliated Coaches might be Babbly employees.

Patient Fees

Affiliated Coaches may set a fee for services they provide through Babbly. Affiliated Coaches hereby appoint Babbly to collect fees, on your behalf to the extent such fees are subject to payment through health plans or systems. Each month we will deposit the amounts successfully collected for services, less any chargebacks and the Platform Service Fee described below, to your bank account on file with us. You are responsible for ensuring the bank account information you have provided is correct and up-to-date. We are not responsible for misdirected funds if you have provided us with inaccurate or incomplete banking information.

Although Babbly will use reasonable commercial efforts to collect the fee by charging the credit card for the user that is on file, you understand and agree that you (not Babbly) assume the risk of any credit risk or chargeback risk. If we are unable to collect the fee, we agree to take such steps as may be required, including assigning the debt to you (if necessary) for you to collect your fee.

RELEASE OF LIABILITY

By using Babbly you agree, on behalf of yourself and the clinic, practice or other entity through which you provide services (collectively referred to as the releasors), that:

A. BABBLY IS NOT A HEALTHCARE PROVIDER AND IS NOT RESPONSIBLE FOR THE PROVISION OF HEALTHCARE SERVICES; AND

B. THE RELEASORS RELEASE VILLAGE VOICE AND ITS EMPLOYEES, OFFICERs, DIRECTORS, CONTRACTORS, REPRESENTATIVES AND AGENTS FROM ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTIONS, DEMANDS, RIGHTS, DAMAGES, COSTS, LOSS OF WAGES EXPENSES, LOSS OF PROFIT, AND ANY OTHER DAMAGES OR COMPENSATION WHATSOEVER ARISING OUT OF OR RELATING TO ANY ACT OR OMISSION OF you or another HEALTHCARE PROVIDER (WHETHER A REFERRING PROVIDER, A CONSULTING PROVIDER OR OTHERWISE) CONNECTED WITH BABBLY OR THE SERVICES OBTAINED THROUGH THE USE OF BABBLY EVEN IF YOU DID NOT FORESEE THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF BABBLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disputes with Patients

Babbly is not responsible for the speech language pathology services provided by Affiliated Coaches. Babbly cannot assist Affiliated Coaches with and has no responsibility for any dispute about the healthcare services provided by an Affiliated Coach.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNITY AND HOLD HARMLESS BABBLY LIMITED AND ITS EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, REPRESENTATIVES AND AGENTS FROM ANY MATTER ARISING OUT OF OR RELATING TO YOUR OR YOUR EMPLOYEE’S OR CONTRACTOR’S ACTS OR OMISSIONS WHEN USING BABBLY OR PROVIDING HEALTHCARE SERVICES INCLUDING ANY ALLEGATION THAT ANY SUCH ACT OR OMISSION WAS NEGLIGENT OR CAUSED PERSONAL INJURY OR DEATH.


3. General Terms

These General Terms apply to all users of Babbly’s website and mobile app services.

Eligibility

To use Babbly you must be at least 18 years of age and be a legal guardian of the child for whom you are seeking speech language services.

Babbly is not directed at minors. YOU MUST NOT CREATE A BABBLY PROFILE IF YOU ARE UNDER 18 YEARS OF AGE.

Your Account

In order to use Babbly, you must register for an account. Your password for Babbly must be unique. You are responsible for maintaining the confidentiality of your Babbly account credentials.

You are responsible for all activities that occur under your Babbly account. Babbly does not have any responsibility if you lose or share access to your device.

You must immediately report any unauthorized use of your Babbly account.

Babbly may suspend or terminate your account if you violate these Terms of Service or it is necessary to do so to protect the security of Babbly, another user of Babbly, or any of our service providers.

Babbly Rules

You are responsible for knowing and obeying all laws applicable to your use of Babbly.

You will not use Babbly in any manner that:

  • infringes or violates the rights of any other party (including but not limited to trademark, patent, copyright, publicity or other proprietary rights);

  • is unlawful, fraudulent or deceptive, or harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;

  • constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

  • is for the purpose of misleading others, causes the creation of a false identity of the sender or the origin of a message, forges headers or otherwise manipulates identifiers in order to disguise the origin of any material transmitted through Babbly;

  • impersonates any person or entity, including, but not limited to, a Babbly employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • causes the upload of any content that contains any form of destructive software;

  • uses any robots, spiders, or similar data mining tool to access, acquire, copy, or monitor any portion of Babbly F;

  • copies, modifies, creates a derivative work of, reverse engineers, decompiles, or otherwise attempts to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to Babbly;

  • attempts to gain unauthorized access to Babbly, other computer systems or networks connected to Babbly;

  • takes any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure;

  • interferes with or disrupt networks or servers connected to Babbly; or

  • facilitates or encourage any of the foregoing conduct.

Availability of Babbly

Babbly may change, suspend or discontinue Babbly or any features or functionality of Babbly at any time in its sole discretion.

Babbly or certain features and functionality of Babbly may be unavailable from time to time for maintenance or due to the services of our third-party service providers being unavailable.

Consent to Installation and Updates and Upgrades

You must use the most recent version of Babbly to ensure you have the latest features, bug fixes and more.

By downloading or installing Babbly, you consent to the installation of Babbly and to future updates and upgrades. These updates and upgrades may occur for various reasons including adding or removing functionality, fixing bugs, and addressing issues relating to security or performance. Your mobile phone or other device may prompt you to accept the installation of the update or upgrade for Babbly. You agree to use the most current version of Babbly available in Apple App Store or Google Play, and understand that we may only support the most current version of Babbly.

In some cases, an update or upgrade may be installed automatically. YOU AGREE TO THE AUTOMATIC INSTALLATION OF UPDATES AND UPGRADES. You can withdraw your consent at any time by uninstalling Babbly. To request assistance with the removal or disabling of Babbly, please contact us at Babbly [73 First Ave, Toronto, ON. M4M 1W7] [support@babbly.co].

YOU ACKNOWLEDGE AND UNDERSTAND AND AGREE that Babbly (including any updates or upgrades) may (i) cause your device to automatically communicate with Babbly’s or its third-party service provider’s servers to deliver the functionality described in these Terms of Service (and as described where you downloaded Babbly) and to record usage metrics, (ii) affect app-related preferences or data stored in your device, and (iii) collect personal information and other information as described in the Babbly Privacy Notice.

Your telecommunications services provider may impose data charges when you use Babbly or for data charges for updating or upgrading Babbly if you have not restricted updates and upgrades to wi-fi connections.

Privacy

Babbly may collect, use, retain, disclose and otherwise process your personal information in accordance with the Babbly Privacy Notice. By using Babbly you agree to the provisions of the Babbly Privacy Notice. If you do not agree with the Babbly Privacy Notice, you must discontinue your use of Babbly and uninstall Babbly. Please note that agreeing with the Babbly Privacy Notice does not prevent you from opting out of certain uses of your personal information as described in the Babbly Privacy Notice.

Ownership and Licence to Use the Babbly

You may not use Babbly for the purpose of conducting benchmarks, testing the Babbly features and functions, or to develop a competing product or service.

The Babbly app software (including source and object codes) is owned and operated by Village Voice and its licensors and third-party service providers. The Babbly app software is licensed to you, not sold. We grant you a non-exclusive, non-transferable, limited licence to install the Babbly app on any single mobile device, tablet, or similar technology and to cache and display the Babbly content solely in connection with our services for your individual use.

The Babbly content includes all text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, and all other content or any description available on Babbly. Babbly may use images under licence, and these are subject to the copyright of the licensing entity.

All Babbly Content is the sole property of Babbly Limited and/or their licensors (such as retailers and other promotional partners) and is protected by Canadian and international copyright, trade-mark, service marks, patents, trade secrets and other proprietary rights and laws.

You agree that you will not copy, attempt to reverse engineer, modify, translate or disassemble the Babbly software in whole or in part, including any attempts to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of Babbly. You may not use or export or re-export Babbly except as permitted under the laws of Canada and the United States and the laws of the jurisdiction in which Babbly was obtained. You may not copy, reproduce, perform, distribute, display, modify, translate, merge with other data, frame in another website, post on another website or create derivative works of the Babbly app software or the Babbly content, in whole or in part, for the purpose of creating a competing product or service or for resale or distribution.

Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BABBLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

YOUR USE OF BABBLY IS AT YOUR OWN RISK. BABBLY IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED WE DO NOT REPRESENT OR WARRANT THAT: THE BABBLY CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT BABBLY WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT YOUR ACCESS TO BABBLY WILL BE UNINTERRUPTED; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT BABBLY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT BABBLY OR THE CONTENT IS TIMELY, SECURE OR ERROR-FREE.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF, OR INABILITY TO USE, BABBLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND EXPENSES) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF BABBLY.

Indemnification

By using Babbly you agree to defend, indemnify and hold Babbly Limited and its employees, officers, directors, contractors, representatives and agents harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable legal fees and other legal expenses, whether in tort, contract or otherwise, relating to or arising out of your use of Babbly, including activities under your account, or any alleged violation by you of these Babbly Terms of Service.

Intellectual Property Infringement Reporting

If you own copyright, trademark, patent, or other intellectual property rights or are the authorized agent for such an owner, and you have a good faith belief that content on Babbly violates those intellectual property rights, you may report your concern by submitting a complaint to support@babbly.co.

Governing Law and Disputes

These Terms of Service are governed by and will be interpreted in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, without regard to any principles of conflicts of law. You agree that any action to enforce these Terms of Service may be brought in the courts located in the Province of Ontario. You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms of Service and waive any objections and defenses inconsistent with such venue.

Interpretation

These Terms of Service constitute the entire agreement between you and us with respect to your use of Babbly. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. Notwithstanding any other provisions of these Terms of Service, any provision of these Terms of Service that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Service, including, without limitation, the indemnification and limitation of liability provisions.

Changes and Termination

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Babbly (or any part thereof) with or without notice even if you have created an account. If you wish to terminate your use of Babbly, you may delete Babbly or other software that you may have downloaded from us. If you delete Babbly, you will no longer be able to access any previous activity.

We may amend these Terms of Service at any time by posting revisions in Babbly with no additional notice to you. Please check back frequently to see the Terms of Service then in effect. Your continued access to and use of Babbly will constitute acceptance of the amended Terms of Service. If you do not agree with these Terms of Service, or any future amendments, your sole recourse is to cease use of Babbly.

If you have any questions regarding these Babbly Terms of Service, please contact support@babbly.co.

Subscription Policy

When you register for a subscription (“Subscription”), you expressly acknowledge and agree that (a) your Subscription automatically renews and Babbly (or our third-party payment processor) is authorized to charge you on a monthly basis for your Subscription (in addition to any applicable taxes and other charges) for as long as your Subscription continues, and (b) your Subscription continues to automatically renew until you cancel it or we suspend or stop providing access to the Site in accordance with these Terms.  Your Subscription type, current price, payment method, and next billing date will be confirmed in an acknowledgement email after you register. When you register for a monthly Subscription, you understand and agree that you are obligated to an initial one-month, non-cancellable period (“Non-Cancellable Period”).  After the Non-Cancellable Period, you may cancel your monthly Subscription at any time by contacting support@babbly.co and requesting a cancellation of your subscription. We reserve the right to change Subscription prices or this Subscription Policy at any time in our sole discretion. If prices or material terms of this Subscription Autorenewal Policy are changed, you will be notified by email prior to the change, and the change will not apply to any Subscriptions within the one-month minimum period.

Apple / Google Terms and Conditions

If you download Babbly from the Apple App Store, your use of Babbly is also governed by Apple’s Terms and Conditions, including the Licensed Application End User License Agreement (available at http://www.apple.com/legal/internet-services/itunes/ca/terms.html).

If you download Babbly from the Google Play Store, your use of Babbly is also governed by the Google Play Terms of Service (available at https://play.google.com/about/play-terms.html).



Privacy Notice

Introduction to Babbly

Village Voice Technologies Inc. and our affiliates and subsidiaries (”Company” or “We”) respect your privacy and are committed to protecting it through our compliance with the terms of this notice. We will only use your personal information in accordance with this notice unless otherwise required by applicable law. We take steps to ensure that the personal information that we collect about you is adequate, relevant, not excessive, and used for limited purposes.

This policy describes how we collect, use, disclose, and protect the personal information of our customers, app users, and website users (”you”), describes the types of information we may collect from you or that you may provide when you visit the website Babbly.co (our “Website”) or use of our mobile applications or “app” (“Babbly”), and our practices for collecting, using, maintaining, protecting, and disclosing that information.

What does Babbly do?

Babbly is an app that helps parents and caregivers track their child’s speech and language development. We use technology to provide parents and caregivers with objective assessments and evidence-based strategies that are proven to improve a child’s language outcomes. Whether a parent or a caregiver is interested in tracking their baby’s speech development or if a child may be delayed, Babbly helps families along the way.

How we use technology to help parents and caregivers?

Our technology uses a variety of inputs including, but not limited to, a child’s unique voice, date of birth, sex, and other details provided to assess a child’s speech and language development. Our artificial intelligence (AI) technology is able to analyze a baby’s voice in order to detect the patterns in their speech and the milestones they have achieved and compares it with known benchmarks.

We understand every child and family is unique. At Babbly our goal is to give parents resources that are relevant to their child’s skills and work with their family’s schedule and lifestyle. This is why we collect data such as a child’s voice recording, to ensure the recommendations we provide are personalized.

What do we provide to parents and caregivers (results, recommendations)?

Using our technology, we provide parents and caregivers with insights and recommendations that are personalized to their child’s unique skills and are meant to help them to make further progress.

If parents or caregivers provide Babbly with samples of a child’s voice, Babbly can provide them with data on which stage of Babbling their child is at. In addition to this, Babbly offers families with a timeline of typical milestones that will be achieved from 0-3yrs old so parents or caregivers can see how their child falls into the spectrum.

Babbly also gives parents and caregivers evidence-based strategies that can be applied during the day by the parent or caregiver to help their child reach their milestones faster. These strategies are play-based activities that can be incorporated in a families’ daily routine.

In addition to this, Babbly also provides parents and caregivers access to Affiliated Coaches such as Speech-Language Pathologists. These experts can be available for a call, in case a family wants to discuss a particular situation or has a concern about their child’s development.


Our Use of Personal Information

This Privacy Notice applies to information we collect, use, or disclose about our customers and Website users:

  • On this Website.

  • In email, text, and other electronic messages between you and this Website.

  • Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website, or from an app store such as Apple’s App Store, or Google’s Google Play.

  • Online or offline through video conferencing, telephone or in-person workshops.

Please read this notice carefully to understand our policies and practices for collecting, processing, and storing your information; this part is important:

  • If you do not agree with our policies and practices, your choice is not to use our Website or our apps. By accessing or using this Website or our apps, you indicate that you understand, accept, and consent to the practices described in this notice.

  • We rely on you to have authority to collect and provide this information as a parent or legal guardian on behalf of your child, and any other persons whose data may be provided

  • Our Services are not directed at parents, caregivers, or users under the age of 18. We do not sell products for purchase by children. If you are under the age of 18 and want to participate in or purchase our services, then you will need to have your parent or guardian agree to that on your behalf.

  • The collection of image, audio and video recordings of young infants will obviously mean the collection of personal, biometric information. While audio recordings of children in development will not necessarily mean that this information alone can be used to identify a child, the combination with other identifiers (such as your name) can potentially identify a person later in life; also recordings may incidentally include yourself, or other adults. Your use of Babbly’s products and services and establishing an account constitutes your express and explicit acceptance of the terms of this Privacy Notice, and the collection and use of biometric data as set out in it.

  • Our system analyzes the voice recordings of your child, and we do not retain any other information. The analysis generates information that is used for machine learning and analysis, to derive information and patterns that can be used to support analysis of children’s speech development, and to provide recommendations to you. Video recordings, if provided, will be used in support of engagement with speech language pathologists but may include information concerning yourself or others, that cannot be deleted without deleting the entirety of the recording.

  • Babbly does not provide medical advice and is not a diagnosis or a screening tool. Always speak to your doctor if you are concerned about your child’s health and development.

  • When you ask to be put in touch with one of our Affiliated Coaches this information will remain confidential, but information will only be shared with your consent and direction.

  • Any recordings or data that is collected through the app or our website can be deleted on request (see “Your rights to Manage Information of You and Your Child”), subject to applicable law. The analysis obtained from your child’s voice recording, which provides insights that are used to provide input to all users, cannot be deleted, but this information cannot be associated with any specific individual; this is aggregate and statistical information.

  • It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page. We include the date the privacy policy was last revised at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes. Your continued use of this Website or our apps after we make changes indicates that you accept and consent to those changes,so please check the notice periodically for updates.


Information we collect through Our Website

We collect and use several types of information from and about you through our Website, including:

  • Personal information, that we can reasonably use to directly or indirectly identify you, such as your name, mailing address, e-mail address, telephone number, your location, Internet protocol (IP) address used to connect your computer to the Internet, user name or other similar identifier, billing and account information and any other identifier we may use to contact you online or offline.

  • Non-personal information that does not directly or indirectly reveal your identity or directly relate to an identified individual, such as demographic information, or statistical or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal information. For example, we may aggregate personal information to calculate the percentage of users accessing a specific Website feature.

  • Technical information, including your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, or information about your internet connection, the equipment you use to access our Website, and usage details.

  • Non-personal details about your Website interactions, including the full Uniform Resource Locators (URLs), clickstream to, through and from our Website (including date and time), products you viewed or searched for, how many audio or video files you are uploading and how frequently they may interact with our product and how frequently they upload video and audio data, 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, or any phone number used to call our customer service number.

  • Optional information, such as contact information, credit card information, and child name in the event that a consultation with a speech language pathologist is booked through the website, or use of parent (or caregiver) coaching is booked through the website.

    We provide an opportunity for any user to unsubscribe or opt-out of contact for Company updates on an ongoing basis by accessing our Website.


Information we collect through the Babbly App

When you utilize our Babbly App, we collect and use several types of personal information from and about you through our app, including:

  • App usage, such as screens viewed, activities read and completed, skills mastered, analysis viewed, quizzes respond to, to provide personalization and improve the app through analysis of usage, and course location data – meaning the time zone and geography, not your specific location.

  • Image, video or audio data that the users provide us through our apps or web applications and by the device that they choose to upload the data from (i.e. tablet, phone or desktop).

How we collect Information

We use different methods to collect your information, including through:

1. Direct interactions with you when you provide it to us, for example, by filling in forms, uploading image, audio or video data, or corresponding with us by phone, email, or otherwise:

  • Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, and requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website. Information about your child’s name, gender, date of birth and overall questions about your child’s skill through various questions that you elect to answer.

  • Records and copies of your correspondence (including email addresses), if you contact us.

  • Your responses to surveys that we might ask you to complete for research purposes.

  • User contributions. You may also provide information for us to publish or display on public Website areas or transmit to other Website users or third parties.

  • Records of conversations with us over the phone or in-person.

  • Social media campaigns.

  • Details of transactions you carry out through our Website and of the fulfilment of your orders. You may be required to provide financial information before placing an order through our Website.

  • Your search queries on the Website.

2. Automated technologies or interactions, as you navigate through our Website through cookies, web beacons, and other tracking technologies, which will provide details of your visits to our Website; information collected automatically may include usage details, equipment, operating systems, browser type, browsing actions, and patterns, IP addresses, traffic data, location data, logs, and other communication data and the resources that you access and use on the Website. The information we collect automatically is statistical information and may include personal information, and we maintain it or associate it with personal information we collect in other ways, that you provide to us, or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.

  • Store information about your preferences, allowing us to customize our Website according to your individual interests

  • Speed up your searches.

  • Recognize you when you return to our Website.

  • Personalize your experience in our product.

  • The technologies we use for this automatic data collection may include:

    • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

    • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings that are used for browser cookies.

    • Web Beacons. Pages of our Website [and our e-mails] may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or [opened an email] and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). If you do not want Web Beacons in your emails or websites to provide this data, please turn off “automatically download images” in your mail client and your web browser; this will affect your experience.

How we use Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website, our app, and the contents of both to you.

  • To provide you with information, products, or services that you request from us.

  • To fulfil the purposes for which you provided the information or that were described when it was collected, or any other purpose for which you provide it.

  • To provide you with notices about your account/subscription, including expiration and renewal notices.

  • To carry out our obligations and enforce our rights arising from any contracts with you, including for billing and collection or to comply with legal requirements.

  • To notify you about changes to our Website, our app, or any products or services we offer or provide though it.

  • To improve our Website, our app, or other products or services, marketing, or customer relationships and experiences.

  • To allow you to participate in interactive features, social media, or similar features on our Website.

  • In any other way we may describe when you provide the information.

  • For any other purpose with your consent.

Affiliated Coaches

Affiliated Coaches includes Speech Therapists Pathologists (SLPs) and other health care professionals. Affiliated Coaches are subject to non-disclosure and confidentiality obligations with Babbly. With your consent, we will send information about you or your child, including email, baby name and date of birth, and any background information you have provided through our apps. If you have uploaded audio or video of your child through the apps, we will share those recordings with the Affiliated Coach so they can evaluate the child’s speech and social skills, to assist them in providing coaching to you.

Once the Affiliated Coach receives this information, you may disclose or they may collect additional information from you about your child, through follow up calls or meetings, via email, phone calls and/or video conferencing tools. This information may be shared by the Affiliated Coach with Babbly to make recommendations, personalize the offerings and tools offered to you. This information will not be shared with anyone outside Babbly’s full-time staff, who are under non-disclosure and confidentiality obligations with Babbly. The Affiliated Coach will not share any information with Babbly other than required to assist you and your child with your concerns.

Disclosures and Transfers

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.

  • In accordance with applicable law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Village Voice Technologies Inc. assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Village Voice Technologies Inc. about our customers and users is among the assets transferred.

  • Other third parties we use to support our business (such as analytics and search engine providers that assist us with Website improvement and optimization) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this policy.

  • For any other purpose disclosed by us when you provide the information.

  • With your consent.

  • We may also disclose your personal information:

    • To comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable law.

    • To enforce or apply our terms of use and other agreements, including for billing and collection purposes.

    • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Village Voice Technologies Inc. our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

We may transfer personal information that we collect or that you provide as described in this Notice to contractors, service providers, and other third parties we use to support our business (such as analytics, human annotators who check the quality and inputs and outputs of the machine learning technology and search engine providers that assist us with Website improvement and optimization) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this policy.

We may process, store, and transfer your personal information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. We take steps whenever we engage a service provider to require that its privacy and security standards adhere to this Notice and applicable Canadian privacy legislation.

You are welcome to contact us to obtain further information about Company policies regarding service providers outside of Canada.

By submitting your personal information or engaging with the Website, you consent to this transfer, storage, or processing.


Data Security and Retention

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We store all information you provide to us behind firewalls on our secure servers. Any payment transactions will be encrypted using SSL technology and our third-party payment processors.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website or our apps, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards, which any Website visitor can view.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website or our apps. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

Your rights to Manage Information of You and your Child

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this Website may not be accessible or may not function properly.

  • The Website, as well as the app stores which you may have downloaded our app from, may include links to third-party websites, plug-ins, services, social networks, or applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. If you follow a link to a third-party website or engage a third-party plugin, please note that these third parties have their own privacy policies and we do not accept any responsibility or liability for these policies. We do not control these third-party websites or app stores, and we encourage you to read the privacy policy of every website or app store that you visit.

  • We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of several third-party ad servers’ and networks’ cookies simultaneously through various tools. You can also access these websites to learn more about online behavioural advertising and how to stop websites from placing cookies on your device. Opting out of a network does not mean you will no longer receive online advertising. It does mean that the network from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to and to correct the personal information that we hold about you.

You can review and change your personal information by logging into the Website and visiting your account profile page.

If you want to review, verify, correct, or withdraw consent to the use of your personal information you may contact us to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We may charge you a fee to access your personal information, however, we will notify you of any fee in advance.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

We will provide access to your personal information, subject to exceptions set out in applicable privacy legislation.

If you are concerned about our response or would like to correct the information provided, you may contact us at https://www.babbly.co/support

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Website users.

Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us. Please note that if you withdraw your consent we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.


Contact Information and Challenging Compliance

We have procedures in place to receive and respond to complaints or inquiries about our handling of personal information, our compliance with this policy, and with applicable privacy laws.

Have questions, comments, and requests? Please contact us and we'll be happy to help!