Canada Notice

1. FairTalk is not offered in Canada

FairTalk is a self-guided communication tool run by FairTalk Pty Ltd, a company based in Western Australia (“FairTalk”, “we”, “us”). It is offered only to adults (18 or over) who live in Australia or New Zealand. It is not offered, marketed or priced for people in Canada, including Quebec, and our Terms of Service say so. This notice is not an invitation to use FairTalk from Canada.

If you subscribed from Canada anyway, the Terms do not take away consumer protection rights that cannot lawfully be excluded where you live, or stop you bringing a claim there.

FairTalk is not a professional service: no professional is involved, and it gives no medical, psychological or legal advice. It is not for clinical use or emergencies, and the app shows no Canadian support numbers. If someone in Canada is in immediate danger, call 9-1-1. Canada’s Suicide Crisis Helpline is 9-8-8 (call or text).

2. When this notice matters

Canada’s federal privacy law, the Personal Information Protection and Electronic Documents Act (Canada), or the privacy laws of Quebec, Alberta or British Columbia, may still apply to information about a person in Canada. We do not say whether they apply to FairTalk. This notice adds to our Privacy Policy, which sets out what we collect, why, who receives it and how long we keep it. It may matter if you are in Canada and:

• an account holder recorded a conversation with you
• you were mentioned in a recorded conversation
• an account holder invited you by email
• you joined our website waitlist
• you hold an account.

3. Who is accountable and how to reach us

FairTalk Pty Ltd is accountable for the personal information it handles, including what providers process on its behalf. We have no office in Canada and no privacy officer title. Privacy questions, requests and complaints, including questions about our overseas providers, go to contact@fairtalk.com.au.

4. Consent, and how we get it

Conversations often include sensitive information, and we do not filter it out. For that reason, before each session, the account holder and the other person in it (if there is one) are each asked to agree by their own action in the app, separately from accepting our documents. It is one agreement to the whole session, not one for each use. Nothing records until it is in place and the account holder presses Start.

A linked person (another account holder) must approve the request on their own device. The request tells them a session is to be recorded; under our Terms of Service, agreeing to a session also means agreeing to transcription and AI analysis using overseas providers, and to both people opening the shared analysis. Our server checks for the approval before it processes the recording, and we keep it as their consent record. Between linked people, sharing private coaching is a separate choice, off unless switched on. That is the rule our app and server apply, and the Privacy Policy explains a current limit on it. With someone who is not on FairTalk there is no such choice (see below).

People who are only mentioned in a conversation have not agreed to anything, and neither has anyone else who can be heard. Our Acceptable Use Policy forbids recording more than two people, or anyone who has not agreed.

We do not use conversations to train AI models, sell personal information or share it for advertising. A recording sent to our transcription provider carries an instruction that it is not to be used to train that provider’s models, and our AI provider’s terms do not allow it to train on what we send.

If you are recorded and have no account

Before recording, the screen shows a short notice of what will happen (recording, transcription and AI analysis using overseas providers, audio not kept, transcript deleted after analysis). The account holder confirms their agreement and you confirm yours separately on the same screen, so we cannot verify who gave the second confirmation. A session with you should not start unless you personally agree, and you are free to say no. The account holder must make sure you really agreed and tell you where the Privacy Policy is.

The session sits only in the account holder’s account. That person can open the whole analysis, including the coaching written about you, and you cannot open it in the app. The analysis is written from the transcript and can quote or closely repeat what was said, including by you. We store that both confirmations were given and when, but not your name (the analysis may use a name if it was said), so we usually cannot contact you, for example about a data breach. To ask what we hold or to have it deleted, see section 7.

Withdrawing consent

Either person can stop a recording at any time. An approval of a session request cannot be taken back in the app, so if you change your mind, say so and stop the recording. Afterwards you can ask us to delete the conversation (section 7), unlink from a person (which stops new sessions being shared) or delete your account (conversations shared with a linked person stay available to them, with your name shown as ‘Deleted user’). None of this undoes what has already happened: the other person may have read a shared analysis, our providers may keep copies under their own terms, and we keep consent and billing records for 7 years.

5. Where your information is processed

Your information is processed outside Canada, including in Australia and the United States. It may be accessible to the courts, law enforcement and national security authorities of those countries.

Country	What happens there
Australia	Our application servers and our database run in Sydney.
United States	Transcription, AI analysis, email and payments. Google supplies our fonts (it receives a visitor’s IP address and browser details) and, if you choose it, sign-in.
Other countries	Some providers, including our AI providers, Google and Stripe, may process information wherever they or their suppliers operate. Netlify, which hosts our website, may process requests to load it, and we have not confirmed where.

The Trust Centre names each company and what it receives, and lists the security measures in place and what we do not have. Conversations and analyses have no legal privilege and could be required by a court or by law.

6. Data breaches

If a data breach is likely to cause serious harm, we will tell the people affected and the privacy regulator (the Office of the Australian Information Commissioner or, in New Zealand, the Office of the Privacy Commissioner) as soon as practicable. We will also tell any Canadian privacy regulator the law requires us to tell.

7. Your rights and how to use them

Whether or not Canadian law gives you these rights, you can ask us to:

• show you what we hold about you (on request, a JSON file of what an account holder can open in the app, which is not a complete copy)
• correct it (account holders can edit their display name, icon and coaching style in Profile; the app cannot edit an AI analysis, so if one is wrong you can ask us to delete the conversation)
• delete a conversation (use the delete option on that conversation where it is offered, or email us; if it is shared with a linked person, either of you can ask by email, and we delete it within 30 days and tell the other person).

Requests are free: email contact@fairtalk.com.au. We will answer within 30 days and, if we cannot do what you ask, tell you why in writing. We may need to check who you are. If you have no account, tell us enough to find the session, such as who recorded it and when. We hold no account or contact details for you, so if we cannot find it or confirm you are the person recorded, we will say so, and that may limit what we can show you. A conversation holds more than one person’s information, so we consider everyone’s privacy. The Acceptable Use Policy explains what the person who recorded a conversation is told if you ask us to remove it.

The analysis is produced entirely by automated processing: an AI model writes it from the transcript text, the speakers’ names and the coaching styles account holders chose. It works from words only. We do not analyse tone of voice, create voiceprints or identify people by voice, and our transcription provider separates the speakers only to label who said what in that one recording. The analysis can be wrong, and nobody at FairTalk reviews it in normal operation. FairTalk’s owner and developer can technically reach stored content through database administration, but only to fix a fault, answer a request from the person concerned or meet a legal obligation. The AI makes no decision about anyone with a legal or similarly significant effect. If you think an analysis about you is wrong or harmful, email us and a person will reply.

8. Complaints

Email contact@fairtalk.com.au. We will reply to a complaint in writing within 30 days.

You may also contact the Office of the Privacy Commissioner of Canada (priv.gc.ca). If you live in Quebec, Alberta or British Columbia, you may contact the Commission d’accès à l’information du Québec, the Information and Privacy Commissioner of Alberta or the Information and Privacy Commissioner for British Columbia. We cannot say whether a Canadian regulator will act on a complaint about a service that is not offered in Canada.

9. If a conversation is recorded in Canada

FairTalk’s rule, set out in our Terms of Service and Acceptable Use Policy, is the same everywhere: everyone recorded must be an adult who knows and has agreed, and a person may record only a conversation they take part in. As we understand it, Canada’s Criminal Code (R.S.C. 1985, c. C-46) makes it an offence to record a private conversation unless a person taking part in it has consented, so recording a conversation you are not part of can be a crime. Our rule goes further, and a recording can still raise issues under privacy law and, in several provinces, the law on invasion of privacy. This is general information, not legal advice.

10. Email

Canada’s Anti-Spam Legislation (S.C. 2010, c. 23) sets rules for commercial email, and we do not say how they apply to each of our emails. We send account emails (verification and password reset), invitations an account holder asks us to send, session requests to a linked person, and reminders about resolutions where that feature is switched on.

Only reminder emails have an unsubscribe link. To stop session requests from a linked person, unlink from them. No email contains a conversation, transcript, analysis, private coaching, topic title or resolution wording, and we send no marketing email to app users without consent. To leave the website waitlist, email us. The address an invitation was sent to is kept with the invitation record and, for 12 months, in our internal activity log. You can ask us by email to delete it.

11. English only, and Quebec

The app, our emails and all our documents are in English only, and FairTalk is not offered to consumers in Quebec. If Quebec law applies to you, your information is communicated outside Quebec, to the countries in section 5.