Terms of Service
Any participation in this site will constitute acceptance of this agreement. If you do not agree to abide by the terms, please do not use this site.
BACKGROUND & INTRODUCTION
GLOBAL VOICE ACTING ACADEMY, INC., a California corporation (hereinafter “GVAA”) is the owner of the website and web-application accessible via http://site47.webdnx.net (the “Website”). GVAA agrees to grant access to the User (“You” or “User”) subject to the terms & conditions of these Terms of Service (“Terms”). Should You not agree or comply with (or cease to agree or comply with) any provisions of these Terms, You must immediately cease using the Website. Users are any Person who uses the Website for any purpose, including but not limited to Users that are registered with the Website to receive coaching, one-on-one tutorial classes, submit talent demos and engage voice coaches, teachers, and professionals in the industry with teaching experience who provide educational assistance as required for a fee (a “Coach”).
1. Eligibility; Accounts.
Users must be 18 years of age and/or a legal entity capable of forming binding contracts. This Website is not available to (A) any Users previously suspended or removed from the Website by GVAA and (B) any Users from IP addresses that are suspended.
1.1 Account. In order to use certain features of the Website, You must register for an account. You may be asked to provide a password in connection with Your account. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You agree that the information You provide to GVAA, whether on registration or at any other time, will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify GVAA. You agree that You are solely liable for the losses incurred by GVAA or others due to any unauthorized use of Your Website account.
1.2 Authentication Service. GVAA may permit You to register for the Website through certain third party social networking services, such as Facebook Connect, LinkedIn and Google (“Authentication Service”). By registering for the Website using an Authentication Service, You agree that GVAA may access Your account information from the Authentication Service and You agree to any and all terms of use of Authentication Service regarding Your use of the Website via the Authentication Service. You agree that any Authentication Service is a Reference Site (as defined below) and You are solely responsible for Your interactions with the Authentication Service as a result of accessing the Website through the Authentication Service.
2. Privacy Notice.
Your privacy is important to GVAA. GVAA’s Privacy Policy is hereby incorporated into the Terms by reference. Please read this Privacy Policy carefully for information relating to GVAA’s collection, use, and disclosure of Your personal information.
3. Additional Terms; Other guidelines.
3.1 Other Guidelines. When using the Website, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time. All such guidelines are hereby incorporated by reference into the Terms.
4. Modification of the Terms.
GVAA reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any guidelines periodically for changes. Your continued use of the Website after the posting of changes constitutes Your binding acceptance of such changes. For any material changes to the Terms, GVAA will make reasonable effort to provide notice to You of such amended Terms, such as by an email notification to the address associated with Your account or by posting a notice on the Website, and such amended terms will be effective against You on the earlier of (i) Your actual notice of such changes and (ii) thirty days after GVAA makes reasonable attempt to provide You such notice. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
5. User Content License Grant; Representations and Warranties.
5.1 User Content Generally. GVAA permits the posting by You and other Users of voice talent demos, practice tapes, notes, questions, comments, ratings, reviews, images and videos or other communications (collectively, “User Postings”), and the hosting, sharing, and/or publishing of such User Postings (collectively, “User Content”). You understand that whether or not such User Content is published, GVAA does not guarantee any confidentiality with respect to any submissions nor the accuracy of any such submissions. User agrees that User Postings, such as voice demos of Users, will be published for promotional purposes of the User. The User hereby grants a license to GVAA to publish any submissions by User. The User also grants a license and holds GVAA harmless from its use of User Content to track and score Users’ progress. The User consents to and acknowledges that they are participating in an online educational service by using the Website. This may result in the obligation of confidentiality and privacy, as well as the submission of personal and private information that will be reviewed and shared by people involved in the process, including but not limited to, all Coaches, employees, consultants, and agents of GVAA. The User acknowledges that GVAA is relying on the representations given by each User as set forth in these Terms as a material condition to provide the User access to the Website.
5.2 License Grant to GVAA. By submitting or distributing User Content through the Website, You hereby grant to GVAA a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute and re-distribute, adapt, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit Your User Content, under all intellectual property rights therein, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
5.3 License Grant to Users. By submitting or distributing User Postings through the Website, You hereby grant to each User of the Website a non-exclusive license to access and use Your User Postings. The foregoing license granted by You terminates as to specific User Content once You remove or delete such User Content from the Website; provided, however, that Users’ rights to such User Posting arising out of distributions occurring on or prior to deletion of such User Content from the Website survive any termination or expiration of the license granted in this Section 5.3.
5.4 User Content Representations and Warranties. You are solely responsible for Your User Content and the consequences of posting or publishing them. By uploading, submitting, creating, or publishing Your User Content to or through the Website, You affirm, represent, and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize GVAA and GVAA’s Users to use and distribute Your User Content as necessary to exercise the licenses granted by You in this Section and in the manner contemplated by GVAA and these Terms of Service; (2) Your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3) Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code. Violators of these third-party rights may be subject to criminal and civil liability. GVAA reserves all rights and remedies against any User who violates these Terms of Service. You agree not to post on any internet site any User Content which includes scripts which have been designated to You by Coaches as confidential. You agree not to submit any User Content to any staffing or talent agency or to use any User Content in applying for any type of job unless Your Coach has given approval to You of Your use of such content.
5.5 Access to Your User Content. GVAA permits Users to share some User Content with a select group of other Users, any hiring agency in the voice over acting industry, or make their User Content public for all (even non-Website users) to view. You acknowledge and agree that although GVAA may provide certain features intended to allow You to restrict some User Content You create from others, GVAA does not guarantee that such User Content will never be accessible by others. In the event of unauthorized access, GVAA will use reasonable efforts to notify You pursuant to Section 16.1 below. GVAA HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER CONTENT. All Users and Coaches agree that they shall never use or even disclose non-published or otherwise confidential scripts as part of any GVAA activities.
5.6 User Content Disclaimer. You understand that when using the Website You will be exposed to User Content from a variety of sources and that GVAA is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against GVAA with respect thereto. GVAA does not endorse any User Content or any opinion, recommendation or advice expressed therein, and GVAA expressly disclaims any and all liability in connection with User Content. If You are a content owner or User with concerns regarding Your trademarks, copyrights, or other intellectual property rights, please contact the GVAA via this form. If notified by a User or a content owner of User Content that allegedly does not conform to the Terms, including without limitation allegations of infringement of third-party intellectual property or proprietary rights, GVAA may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice or liability to You. For clarity, GVAA does not permit copyright, trademark, or other intellectual property infringing activities on the Website. GVAA respects the intellectual property of others and takes the protection of copyrights, trademarks, and all other intellectual property very seriously, and asks that Users do the same.
6. Digital Millennium Copyright Act.
It is GVAA’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. GVAA will promptly terminate without notice Your access to the Website if You are determined by GVAA to be a “repeat infringer.” A repeat infringer is a User who has been notified by GVAA of infringing activity violations more than twice and/or who has had User Content or any other user-submitted content removed from the Website more than twice.
7. Prohibited Conduct.
BY USING THE WEBSITE YOU AGREE NOT TO:
- use the Website or any related services, including any GVAA videos and live video sessions, for any commercial use or purpose unless expressly permitted by GVAA in writing {should You require a commercial license, please contact the GVAA through this form}, it being understood that the Website and related services are intended for personal, non-commercial use only;
- use the Website for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Website as such services are offered by GVAA;
- rent, lease, loan, sell, resell, redistribute, sublicense, distribute or otherwise transfer the licenses granted herein, Your logon credentials, or any Materials (as defined in Section 11, below);
- post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
- post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Website, or perform any other similar fraudulent activity;
- delete the copyright or other proprietary rights notices on the Website, or User Content;
- assert, or authorize, assist, or encourage any third party to assert, against GVAA or any of its affiliates or licensors, any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content, or User Content You have used, submitted, or otherwise made available on or through the Website;
- make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
- use the Website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
- defame, harass, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, or User Content, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website, Licensed Educational Content, or User Content;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- modify, adapt, translate or create derivative works based upon the Website or any part thereof, except and only to the extent expressly permitted by GVAA herein or to the extent the foregoing restriction is expressly prohibited by applicable law;
- use 5 different IP addresses per 24 hour period to log in, any additional IP addresses used per account beyond five will cause the account to be locked out for 24 hours and may result in suspension of Your account or any or all of such IP addresses; or
- intentionally interfere with or damage operation of the Website or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
9. Fees. Payments.
9.1 Fees. GVAA may now, or in the future, charge fees for access to and use of the Website, or certain features thereof (“Fees”). You agree to pay all Fees and charges specified for such features. All Fees are exclusive of applicable taxes, unless otherwise stated, and You are solely responsible for the payment of any such taxes that may be imposed on Your use of the Website. All fees must be paid in advance and at least 24 hours before the start of the first session of coaching or consulting, otherwise risk cancellation (see Session Cancellation section 12.4).
9.2 Payment Methods. GVAA will charge Fees, if any, and other additional fees or donations You authorize via PayPal, Credit/Debit Card or any other account that GVAA will authorize (the “Payment Agent”). You authorize the Payment Agent to be used as a billing agent for GVAA, to continue to attempt to charge all sums described herein through Your Payment Agent account until all Fees are paid in full. You agree to provide GVAA updated information regarding Your Payment Agent account upon GVAA’s request, and any time the information earlier provided is no longer valid. Payment for sessions of consulting and coaching must be made at least 24 hours before the scheduled appointment time. If no payment is received within 24 hours prior to the scheduled appointment, the session will automatically be canceled and the Coach will be notified of the change. In regards to outstanding fees, if payment is not received by GVAA from Your Payment Agent account, You agree to pay all amounts due upon demand by GVAA and Your account may be suspended or canceled. GVAA will not retain any Payment Agent account information or billing information. Your obligation to pay outstanding fees shall survive any termination of this Agreement.
9.3 Credit Card Authorization. If GVAA permits You to use a credit card to pay for any Fees related to the Website, You will be asked to provide GVAA with a credit card number from a card issuer that we accept. GVAA may seek pre-authorization of Your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover Your purchase. These pre-authorizations will reduce Your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact Your credit card issuer if You have additional questions regarding when an authorization amount will be removed from Your statement.
9.4 Payment by PayPal. PayPal may be used as a Payment Agent. Visit www.paypal.com for full disclosures in regards to the handling of Your financial information.
9.4 Changes in Price. GVAA may at any time, upon notice required by applicable law, change the price of the Website or any features thereof, institute new charges or fees, or charge a fee for the Website or any part thereof where a fee was not previously charged. All Fees relating to the Website, including any Fees charged for access to the Website, are final.
9.5 Refunds. All session time/hours purchased must be used within a year of purchase date and will not be refunded after the one year deadline. The availability and amount of any refund requests within a year of purchase will be determined by GVAA in its sole and absolute discretion. Sessions that are canceled by User less than 24 hours from the appointment time will not be refunded. Exceptions may be made on an individual basis, such as in the event of a death, family emergency, or the potential loss of a voiceover job that can’t be rescheduled. To request a refund or inquire more about the refund policy, please contact the GVAA through this form.
9.6 Returns of Products. Physical products sold by Website are each from a different manufacturer. The warranties are available from the product manufacturer, not GVAA. This Section 9.6 only applies to physical goods sold through the Website’s shop, not online coaching services.
10. Third-Party Sites, Products and Services; Links.
The Website may include links or references to other websites or services solely as a convenience to Users (“Reference Sites”). GVAA does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
11. Ownership; Proprietary Rights.
The Website is owned and operated by Global Voice Academy, Inc. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Website provided by GVAA (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content that is provided and owned by Users, all Materials contained on the Website are the property of GVAA or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to GVAA or its affiliates and/or third-party licensors. Except as expressly authorized by GVAA, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. GVAA reserves all rights to the Materials not expressly granted in the Terms.
12. Termination.
12.1 Termination by GVAA. You agree that GVAA, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with GVAA or Your use of the Website and remove and discard all or any part of Your account, User profile, and any User Content, at any time. GVAA may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of Your access to the Website or any account You may have, or portion thereof, may be effected without prior notice, and You agree that GVAA will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies GVAA may have at law or in equity. As discussed herein, GVAA does not permit copyright, trademarks, or other intellectual property infringing activities on the Website, and will terminate access to the Website, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
12.2 Termination by You. Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) any term of these Terms of Service, (iii) any policy or practice of GVAA in operating the Website, or (iv) any content or information transmitted through the Website, is to terminate Your account without receiving a refund for paid fees prior to termination. You may terminate the Terms at any time by deleting Your login account with the Website and discontinuing use of any and all parts of the Website.
12.3 Session Cancellations by User; Sessions Scheduled Within 24 Hours. Payments for sessions scheduled within 24 hours must be received by GVAA at least three hours before the start of the session. Otherwise, the session will be automatically canceled. (See Section 9.5 regarding refund).
12.4 Session Cancellations by a Coach. All Coaches are working voice-over artists (or related talent) and may need to make last minute cancelations. Coaches will try to avoid session cancellations whenever possible, but the nature of their work requires them to be booked for jobs with barely any notice beforehand. The voice acting industry is rapidly evolving, and Coaches need to remain aware of any important changes. By allowing them to honor these other bookings, User’s quality of education will improve and be all the more relevant. Your understanding in these circumstances is greatly appreciated. GVAA will make it a top priority to reschedule at the earliest possible time that is convenient for You. User agrees that neither the Coaches nor GVAA will have any liability to the User for cancellations of a session by a Coach other than to assist in rescheduling a new appointment.
12.5 Split Sessions. One hour sessions may be the most productive way to proceed with coaching for a User. However, Users may choose to split a “one-hour session” into several smaller sessions (two 30 minute sessions or three 20 minute session). Please note this option is only recommended if Users would like to submit a sound file (like a practice take for an audition) and get quick feedback on that particular reading. All split sessions, with no exceptions, must be completed within one month from when they were purchased. No leftover time from split sessions will be made up or refunded. This section does not apply to any unused sessions User chooses not to split.
13. Indemnification.
You agree to indemnify, defend, and hold harmless GVAA, its affiliated companies, contractors, employees, Coaches, consultants, agents and its third-party suppliers, licensors, and partners (“GVAA Indemnitees”) from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of any use or misuse of the Website, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein. GVAA reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify GVAA, and You agree to cooperate with GVAA’s defense of these claims. GVAA will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. Coaches agree to indemnify, defend, and hold harmless GVAA, from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of the disclosure of confidential information by such Coach of any 3rd party confidential information, including but not limited to confidential scripts.
14. Disclaimers; No Warranties.
14.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GVAA, and its affiliates, partners, LICENSORS and SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ALL WITH REGARDS TO THE WEBSITE. Specifically, GVAA does not warranty any progress, employment opportunity, or employment advantage by using the Website or paying any Fees. No advice or information, whether oral or written, obtained by You from GVAA or through the Website will create any warranty not expressly stated herein. You expressly acknowledge that, as used in this Section 14, the term GVAA includes GVAA’s officers, directors, employees, shareholders, Coaches, agents, licensors and subcontractors.
14.2 “As is” and “As available” and “With All Faults”. You expressly agree that use of the Website is at Your sole risk. THE WEBsite AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, User Content, reference sites, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Website ARE PROVIDED on an “AS IS,” “AS AVAILABLE” AND “with all faults” basis and WITHOUT WARRANTIES or representations OF ANY KIND EITHER EXPRESS OR IMPLIED.
14.3 Content. GVAA, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, User Content, FUNCTIONS, or any other information OFFERED ON or through THE WEBSITE or any reference sites WILL BE UNINTERRUPTED, or free of errors, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
14.4 Accuracy. GVAA, ITS SUPPLIERS, COACHES, CONSULTANTS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE or any reference sites IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
14.5 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU use, access, STREAM, DOWNLOAD, OR OTHERWISE OBTAIN information, materials, OR DATA THROUGH THE WEBSITE (INCLUDING RSS FEEDS) or any reference sites AT YOUR own DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR property (including your computer system) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD or use OF SUCH MATERIAL OR DATA.
15. Limitation of Liability and Damages.
15.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL GVAA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) (A) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE or any reference sites, OR (C) ANY OTHER INTERACTIONS WITH GVAA. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GVAA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. GVAA SHALL NOT BE LIABLE IN THE EVENT THAT ANY COACH SHARES CONFIDENTIAL INFORMATION WITH ANY OTHER USER. The User consents to and acknowledges that Coaches that provide services through the Website’s online platform are neither employees nor agents nor representatives of GVAA. GVAA assumes no responsibility or liability for (a) any act or omission of any such Coach except as explicitly stated herein, (b) any damages or injury arising from or related to any opinion, response, advice, prediction, recommendation, information and/or other service provided or not provided by any Coach, (c) the accuracy of the Coach, (d) the availability of the Coach on the Website, (e) the ability of any Coach to give advice that the User requests, (f) whether the User shall find an Coach’s advice relevant, useful, accurate or satisfactory, (g) whether the advice of the Coach will be responsive or relevant to the User’s question, (h) whether the Coach’s advice will otherwise be suitable to the User’s needs, or (i) any of Users’ confidential information transmitted to GVAA. GVAA does not take responsibility for verifying the skills, degrees, qualifications, credentials or background of any Coach except as explicitly stated by GVAA. It is strongly recommended that the User independently verify the skills, degrees, qualifications, credentials, and background of each Coach from whom he or she receives or contemplates to receive advice or services.
15.2 Limitation of Damages. IN NO EVENT WILL GVAA’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR your interaction with OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE date of the claim OR NINETY DOLLARS, WHICHEVER IS GREATER. GVAA website and its components are offered for as an online educational tool that enables the User to use the educational material via an online platform; this Website shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Website, including information transmitted during one-on-one coaching sessions, and shall not be responsible or liable for any error or omissions in that information.
15.3 Reference Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED on any reference sites or otherwise BY THIRD PARTIES OTHER THAN GVAA AND RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY reference sites TO THE EXTENT GVAA WOULD BE LIABLE FOR SUCH AN ACTION IN THE FIRST PLACE.
15.4 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT GVAA HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GVAA, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GVAA. GVAA would not be able to provide the Website to You on an economically reasonable basis without these limitations.
16. Miscellaneous.
16.1 Notice. GVAA may provide You with notices by email only. Notice will be deemed given twenty-four hours after email is sent unless GVAA is notified that the email address is invalid. In such case, notice will be deemed given three days after the date of mailing. The nature of the Website is such that GVAA and User may communicate with each other and the Coaches through the Website, video chat, and electronic mail. GVAA may communicate through a web-based email account for the purpose of sending scripts. GVAA is not responsible for any damages caused by computer hackers and others acting outside the law in any transmission of electronic mail. The User acknowledges and agrees that while they can choose to opt out of receiving electronic communications, this may frustrate their ability to use some or all of the features of the Website. The parties agree that these Terms may be executed electronically and that any signature required directly or incidental to these Terms may be made electronically.
16.2 Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
16.3 Waiver. The failure of GVAA to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by GVAA.
16.4 Dispute Resolution and Arbitration.
(a) Governing Law. The Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
(b) Arbitration. For any claim related to the Terms or the Website, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either GVAA or You may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(c) Jurisdiction. You agree that any action at law or in equity arising out of or relating to the Terms or GVAA will be filed only in the state or federal courts in and for Los Angeles County, California, and each of You and GVAA hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, except as provided in Section 16.4(b) regarding arbitration. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
(d) Improperly Filed Claims. All claims you bring against GVAA must be resolved in accordance with this Section 16.4. All claims filed or brought contrary to this Section 16.4 shall be considered improperly filed. Should either party file a claim contrary to this Section 16.4, the other party may recover attorneys’ fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
16.5 Severability. If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
16.6 Assignment. The Terms and related guidelines, and any rights and licenses granted hereunder may not be transferred or assigned by You, but may be assigned by GVAA without restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
16.7 Survival. Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 5 through 16.
16.8 Entire Agreement. The Terms and the Privacy Policy constitute the entire agreement between You and GVAA relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Policy or Guidelines made by GVAA as set forth in Section 2 above.
16.9 Claims. YOU AND GVAA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16.10 Disclosures. The Website is hosted in the United States, and the services provided hereunder are offered by GLOBAL VOICE ACTING ACADEMY, INC.
One-on-One Coaching Package Policy:
1on1 Coaching Packages are designed for students with the intent of working toward a demo or on a specific area of need in succession, ideally in a short period of time. This allows students to reap the benefits of continued coaching in a structured manner over a short timeframe.
Students are responsible for scheduling and managing their remaining sessions with their coach.
All 1on1 Coaching Packages must be used within 1-year from purchase. No refunds or credits will be given.
Gift Card Policy:
Gift Card balances must be used within 1-year from issuance.
Gift Card purchases are final. No refunds will be given.
Cancellation Policy
If GVAA needs to cancel a Group Class or Webinar:
The GVAA reserves the right to cancel or reschedule any class or webinar at its discretion due to low enrollment, schedule changes, or any other extenuating circumstances. Below are the options provided in the event of a cancellation or rescheduling.
Group Classes
- In the event of a cancellation due to low registration: You will be given the option of converting the class to 1-on-1 coaching with the instructor or full credit. When converting to 1-on-1 coaching, the price paid for the class will be converted at the coach’s standard hourly rate.
- In the event of a rescheduling: You will automatically be registered for the rescheduled date. If you cannot make the rescheduled date, a full credit will be issued.
- In the event of cancellation: You will be given the option of a full credit or refund.
Webinars
- In the event of cancellation: You will be given the option of a full credit or refund.
- In the event of a rescheduling: You will automatically be registered for the rescheduled date. If you cannot make the rescheduled date, a full credit will be issued.
Premium Membership
- Premium Membership cancellations take effect the date of the next monthly installment due. All membership benefits will be valid until that date.
- If membership is canceled within the first month, no refunds will be given. All membership benefits will be valid for the duration of that month.
If a Student needs to cancel a Group Class or Webinar:
The GVAA understands that you may need to cancel attending a group class or live webinar. Below are the options provided should you need to cancel.
Group Classes
- If you are unable to attend or need to cancel for any reason, please let us know at least 7 days prior to class start date. A credit in the full amount of the class will be issued to you. Since class space is limited, we do not provide credits on shorter notice. No cash refunds will be issued.
Live Webinars
- If you are unable to attend or need to cancel for any reason, please let us know at least 7 days prior to the webinar start date. A credit in the full amount of the webinar will be issued. Since class space is limited, we do not provide credits on shorter notice. No cash refunds will be issued.
Recorded Webinars
- The GVAA does not offer refunds on Recorded Webinar purchases
Privacy Policy
We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Global Voice Acting Academy. The use of the Internet pages of the Global Voice Acting Academy is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Global Voice Acting Academy. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the Global Voice Acting Academy has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
- Definitions
The data protection declaration of the Global Voice Acting Academy is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
- a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
- c) Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
- e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
- f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
- g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
- h) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
- i) Recipient
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
- j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
- k) Consent
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
- Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
The Global Voice Acting Academy
1048 Irvine Avenue #818
92660 Newport Beach
CA
Phone: 4243713745
Email: info@site47.webdnx.net
Website: www.globalvoiceacademy.com
- Name and Address of the Data Protection Officer
The Data Protection Officer of the controller is:
Chief Operations Officer David Toback
The Global Voice Acting Academy
1048 Irvine Avenue #818
92660 Newport Beach
United States
Phone: 424-371-3745
Email: dtoback.gvaa@gmail.com
Website: www.globalvoiceacademy.com
Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection.
- Cookies
The Internet pages of the Global Voice Acting Academy use cookies. Cookies are text files that are stored in a computer system via an Internet browser.
Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the dats subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.
Through the use of cookies, The Global Voice Acting Academy can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
- Collection of general data and information
The website of The Global Voice Acting Academy collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, the Global Voice Acting Academy does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Global Voice Acting Academy analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
- Registration on our website
The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.
By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.
- Subscription to our newsletters
On the website of the Global Voice Acting Academy, users are given the opportunity to subscribe to our enterprise’s newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.
The Global Voice Acting Academy informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise’s newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.
During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.
- Newsletter-Tracking
The newsletter of the Global Voice Acting Academy contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the Global Voice Acting Academy may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. The Global Voice Acting Academy automatically regards a withdrawal from the receipt of the newsletter as a revocation.
- Contact possibility via the website
The website of the Global Voice Acting Academy contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
- Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
- Rights of the data subject
- a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
- b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
- c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
- d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Global Voice Acting Academy, he or she may, at any time, contact any employee of the controller. An employee of the Global Voice Acting Academy shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Global Voice Acting Academy will arrange the necessary measures in individual cases.
- e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Global Voice Acting Academy, he or she may at any time contact any employee of the controller. The employee of the Global Voice Acting Academy will arrange the restriction of the processing.
- f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of the Global Voice Acting Academy.
- g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
The Global Voice Acting Academy shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If the Global Voice Acting Academy processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Global Voice Acting Academy to the processing for direct marketing purposes, the Global Voice Acting Academy will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Global Voice Acting Academy for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of the Global Voice Acting Academy. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
- h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the Global Voice Acting Academy shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the Global Voice Acting Academy.
- i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Global Voice Acting Academy.
- Data protection provisions about the application and use of Facebook
On this website, the controller has integrated components of the enterprise Facebook. Facebook is a social network.
A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
With each call-up to one of the individual pages of this Internet website, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by the data subject.
If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.
Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.
The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by the data subject to eliminate a data transmission to Facebook.
- Data protection provisions about the application and use of Instagram
On this website, the controller has integrated components of the service Instagram. Instagram is a service that may be qualified as an audiovisual platform, which allows users to share photos and videos, as well as disseminate such data in other social networks.
The operating company of the services offered by Instagram is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, UNITED STATES.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which an Instagram component (Insta button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding Instagram component of Instagram. During the course of this technical procedure, Instagram becomes aware of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in at the same time on Instagram, Instagram detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Instagram component and is associated with the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, then Instagram matches this information with the personal Instagram user account of the data subject and stores the personal data.
Instagram receives information via the Instagram component that the data subject has visited our website provided that the data subject is logged in at Instagram at the time of the call to our website. This occurs regardless of whether the person clicks on the Instagram button or not. If such a transmission of information to Instagram is not desirable for the data subject, then he or she can prevent this by logging off from their Instagram account before a call-up to our website is made.
Further information and the applicable data protection provisions of Instagram may be retrieved under https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.
- Data protection provisions about the application and use of Jetpack for WordPress
On this website, the controller has integrated Jetpack. Jetpack is a WordPress plug-in, which provides additional features to the operator of a website based on WordPress. Jetpack allows the Internet site operator, inter alia, an overview of the visitors of the site. By displaying related posts and publications, or the ability to share content on the page, it is also possible to increase visitor numbers. In addition, security features are integrated into Jetpack, so a Jetpack-using site is better protected against brute-force attacks. Jetpack also optimizes and accelerates the loading of images on the website.
The operating company of Jetpack Plug-Ins for WordPress is the Automattic Inc., 132 Hawthorne Street, San Francisco, CA 94107, UNITED STATES. The operating enterprise uses the tracking technology created by Quantcast Inc., 201 Third Street, San Francisco, CA 94103, UNITED STATES.
Jetpack sets a cookie on the information technology system used by the data subject. The definition of cookies is explained above. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a Jetpack component was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to submit data through the Jetpack component for analysis purposes to Automattic. During the course of this technical procedure Automattic receives data that is used to create an overview of website visits. The data obtained in this way serves the analysis of the behaviour of the data subject, which has access to the Internet page of the controller and is analyzed with the aim to optimize the website. The data collected through the Jetpack component is not used to identify the data subject without a prior obtaining of a separate express consent of the data subject. The data comes also to the notice of Quantcast. Quantcast uses the data for the same purposes as Automattic.
The data subject can, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Automattic/Quantcast from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Automattic/Quantcast may be deleted at any time via a web browser or other software programs.
In addition, the data subject has the possibility of objecting to a collection of data relating to a use of this Internet site that are generated by the Jetpack cookie as well as the processing of these data by Automattic/Quantcast and the chance to preclude any such. For this purpose, the data subject must press the ‘opt-out’ button under the link https://www.quantcast.com/opt-out/ which sets an opt-out cookie. The opt-out cookie set with this purpose is placed on the information technology system used by the data subject. If the cookies are deleted on the system of the data subject, then the data subject must call up the link again and set a new opt-out cookie.
With the setting of the opt-out cookie, however, the possibility exists that the websites of the controller are not fully usable anymore by the data subject.
The applicable data protection provisions of Automattic may be accessed under https://automattic.com/privacy/. The applicable data protection provisions of Quantcast can be accessed under https://www.quantcast.com/privacy/.
- Data protection provisions about the application and use of LinkedIn
The controller has integrated components of the LinkedIn Corporation on this website. LinkedIn is a web-based social network that enables users with existing business contacts to connect and to make new business contacts. Over 400 million registered people in more than 200 countries use LinkedIn. Thus, LinkedIn is currently the largest platform for business contacts and one of the most visited websites in the world.
The operating company of LinkedIn is LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, UNITED STATES. For privacy matters outside of the UNITED STATES LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a LinkedIn component (LinkedIn plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding LinkedIn component of LinkedIn. Further information about the LinkedIn plug-in may be accessed under https://developer.linkedin.com/plugins. During the course of this technical procedure, LinkedIn gains knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in at the same time on LinkedIn, LinkedIn detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the LinkedIn component and associated with the respective LinkedIn account of the data subject. If the data subject clicks on one of the LinkedIn buttons integrated on our website, then LinkedIn assigns this information to the personal LinkedIn user account of the data subject and stores the personal data.
LinkedIn receives information via the LinkedIn component that the data subject has visited our website, provided that the data subject is logged in at LinkedIn at the time of the call-up to our website. This occurs regardless of whether the person clicks on the LinkedIn button or not. If such a transmission of information to LinkedIn is not desirable for the data subject, then he or she may prevent this by logging off from their LinkedIn account before a call-up to our website is made.
LinkedIn provides under https://www.linkedin.com/psettings/guest-controls the possibility to unsubscribe from e-mail messages, SMS messages and targeted ads, as well as the ability to manage ad settings. LinkedIn also uses affiliates such as Eire, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua, and Lotame. The setting of such cookies may be denied under https://www.linkedin.com/legal/cookie-policy. The applicable privacy policy for LinkedIn is available under https://www.linkedin.com/legal/privacy-policy. The LinkedIn Cookie Policy is available under https://www.linkedin.com/legal/cookie-policy.
- Data protection provisions about the application and use of Twitter
On this website, the controller has integrated components of Twitter. Twitter is a multilingual, publicly-accessible microblogging service on which users may publish and spread so-called ‘tweets,’ e.g. short messages, which are limited to 280 characters. These short messages are available for everyone, including those who are not logged on to Twitter. The tweets are also displayed to so-called followers of the respective user. Followers are other Twitter users who follow a user’s tweets. Furthermore, Twitter allows you to address a wide audience via hashtags, links or retweets.
The operating company of Twitter is Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, UNITED STATES.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a Twitter component (Twitter button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding Twitter component of Twitter. Further information about the Twitter buttons is available under https://about.twitter.com/de/resources/buttons. During the course of this technical procedure, Twitter gains knowledge of what specific sub-page of our website was visited by the data subject. The purpose of the integration of the Twitter component is a retransmission of the contents of this website to allow our users to introduce this web page to the digital world and increase our visitor numbers.
If the data subject is logged in at the same time on Twitter, Twitter detects with every call-up to our website by the data subject and for the entire duration of their stay on our Internet site which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Twitter component and associated with the respective Twitter account of the data subject. If the data subject clicks on one of the Twitter buttons integrated on our website, then Twitter assigns this information to the personal Twitter user account of the data subject and stores the personal data.
Twitter receives information via the Twitter component that the data subject has visited our website, provided that the data subject is logged in on Twitter at the time of the call-up to our website. This occurs regardless of whether the person clicks on the Twitter component or not. If such a transmission of information to Twitter is not desirable for the data subject, then he or she may prevent this by logging off from their Twitter account before a call-up to our website is made.
The applicable data protection provisions of Twitter may be accessed under https://twitter.com/privacy?lang=en.
- Data protection provisions about the application and use of YouTube
On this website, the controller has integrated components of YouTube. YouTube is an Internet video portal that enables video publishers to set video clips and other users free of charge, which also provides free viewing, review and commenting on them. YouTube allows you to publish all kinds of videos, so you can access both full movies and TV broadcasts, as well as music videos, trailers, and videos made by users via the Internet portal.
The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, UNITED STATES. The YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a YouTube component (YouTube video) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding YouTube component. Further information about YouTube may be obtained under https://www.youtube.com/yt/about/en/. During the course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our Internet site was visited by the data subject. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google will receive information through the YouTube component that the data subject has visited our website, if the data subject at the time of the call to our website is logged in on YouTube; this occurs regardless of whether the person clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desirable for the data subject, the delivery may be prevented if the data subject logs off from their own YouTube account before a call-up to our website is made.
YouTube’s data protection provisions, available at https://www.google.com/intl/en/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.
- Payment Method: Data protection provisions about the use of PayPal as a payment processor
On this website, the controller has integrated components of PayPal. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which represent virtual private or business accounts. PayPal is also able to process virtual payments through credit cards when a user does not have a PayPal account. A PayPal account is managed via an e-mail address, which is why there are no classic account numbers. PayPal makes it possible to trigger online payments to third parties or to receive payments. PayPal also accepts trustee functions and offers buyer protection services.
The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.
If the data subject chooses “PayPal” as the payment option in the online shop during the ordering process, we automatically transmit the data of the data subject to PayPal. By selecting this payment option, the data subject agrees to the transfer of personal data required for payment processing.
The personal data transmitted to PayPal is usually first name, last name, address, email address, IP address, telephone number, mobile phone number, or other data necessary for payment processing. The processing of the purchase contract also requires such personal data, which are in connection with the respective order.
The transmission of the data is aimed at payment processing and fraud prevention. The controller will transfer personal data to PayPal, in particular, if a legitimate interest in the transmission is given. The personal data exchanged between PayPal and the controller for the processing of the data will be transmitted by PayPal to economic credit agencies. This transmission is intended for identity and creditworthiness checks.
PayPal will, if necessary, pass on personal data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfill contractual obligations or for data to be processed in the order.
The data subject has the possibility to revoke consent for the handling of personal data at any time from PayPal. A revocation shall not have any effect on personal data which must be processed, used or transmitted in accordance with (contractual) payment processing.
The applicable data protection provisions of PayPal may be retrieved under https://www.paypal.com/us/webapps/mpp/ua/privacy-full.
- Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
- The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
- Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
- Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
- Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
This Privacy Policy has been generated by the Privacy Policy Generator of the German Association for Data Protection that was developed in cooperation with Privacy Lawyers from WILDE BEUGER SOLMECKE, Cologne.