Effective date: Aug 1, 2016, Last updated: May 24, 2018
For purposes of this Policy, unless otherwise defined herein, capitalised terms used in this Policy shall have the same meaning as defined in the Terms and Conditions.
Free Call, Inc. participates in and complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Free Call, Inc. has certified to the Department of Commerce that it adheres to the Privacy Shield Principles, and in particular to the Privacy Shield Principles of:
- Accountability for Onward Transfer,
- Data Integrity and Purpose Limitation,
- Recourse, Enforcement and Liability.
Free Call, Inc. is responsible for the processing of Personal Data it receives under the Privacy Shield Framework and subsequently transfers to a Third Party Service Provider acting as an agent on its behalf. We comply with the Privacy Shield Principles for all onward transfers of Personal Data from the EU and Switzerland, including the onward transfer liability provisions. With respect to Personal Data received or transferred pursuant to the Privacy Shield Framework, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Please be aware we may disclose Personal Data to respond to subpoenas, court orders or legal process, or to establish or exercise our legal rights or defend against legal claims. We may also disclose Personal Information if it is necessary in order to prevent, investigate or take action regarding illegal activities, or as otherwise required by law. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield website: www.privacyshield.gov/welcome.
4. Questions and concerns
If you have any questions or concerns, or if you wish to access, update, amend, correct or delete, any of your Personal Information we store and process, please contact us at support@FreeCallinc.com (or via support e-mail of the Service you use) or by postal mail at:
Free Call, inc.
Attn: Privacy Officer
3041 Mission St # 2091
San Francisco CA 94110
5. What information we collect
- Provided data
- The scope and purpose of gathering and processing Personal Data and other
information by Free Call, Inc. is:
- to provide, maintain and facilitate the Services as well as to ensure safe and guaranteed Service performance, upgrade and improve the functionality of the Services,
- to provide Customer with access to its Personal Data and maintain this access via standard API methods for the duration of paid usage of Services (active subscription) as well as after the subscription is expired (inactive subscription), until the Service is fully terminated by a written request (in accordance with the Agreement),
- to secure (establish, investigate or defend) Customer’s, as well as Company’s claims that may arise due to the Services,
- to stay connected with the Customer to present up-to-date offer of Services and instructions or tips related to the Service.
- Personal Data and other Customers information collected by Free Call, Inc. is used in order to complete registration (create an account) and at the same time to ensure Customers access to Free Call, Inc.’s Services. While registering on one of our websites related to our Services (www.FreeCallinc.com), we request that you provide us with such information as: first name, last name, company business name, address, website address, e-mail address and credit/payment card information in the event when a Customer continues to use our Services after free of charge trial period. Unless the Customer decides to use our Services after free of charge trial period, credit/payment card information is not required. We also collect other information provided by Customer while using our Services. Some of the provided Customers information such as: your IP address, domain, browser type, operating system type etc. may be automatically acquired when a user visits our websites. When contacting Free Call, Inc. the Customer may be requested to render accessible analogical data to those provided while registering on our website. We may also collect information (including Personal Data) provided by you and related to your Agents (people you employee to operate the Service) and End-users Personal Data provided in a Pre-chat survey. We also store your chat content. Please note you are fully responsible for lawfully obtaining such data in accordance with the applicable law, as well as a lawful processing such data to Free Call, Inc. Details of your liability for the aforementioned data you can find in Terms and Conditions.
- Personal Data provided in connection with the correspondence between the Customer or Visitor and Free Call, Inc. shall be used strictly to reply to inquiries or to transfer information. We use the information you provide us in order to provide you with customer service, allow you to view moves made by you or your Agents. When using the support section of our sites we may collect your e-mail address, name or openID account for the purpose of allowing contact with our support team. We do it regardless you are a Visitor or a Customer. When using our Services we may collect device information such as device type, operating system type and application version. We use this information in order to provide an optimized version of our applications for your device type. Please be aware we also collect and process data related to the use of our software and Services by our Customers and their customers. We use such data for statistics purposes. We may use it also to improve our Services or create and improve new services. We collect and process such data collectively and anonymously.
- Categories of data subjects:
Data subjects include Customer, Customer’s representatives and End-users, as well as employees, Agents, contractors, collaborators, and Customer’s clients. Data subjects may also include individuals attempting to communicate or transfer personal information to Customers. The data subjects exclusively determine the content of data submitted to the Company.
- Types of Customer Personal Data:
The proceeded personal data includes email address, first name and last name, address, title, contact details, username, chat history, financial information (credit card details, account details, payment information); employment details (employer, job title) and other data in an electronic form provided in the context of the Services.
- Consent for processing and transferring Personal Data
The Customer agrees and warrants that the processing, including the transfer of its Personal Data has been and will continue to be carried out in accordance with the relevant provisions of the applicable Data Protection Laws (and, where applicable, has been notified to the relevant authorities of the Member State where the Company is established or has its representative) and does not violate the relevant provisions of that State.
- Profiling Personal Data:
- Return or destruction of Personal Data.
At Customer’s election, made by written request to the Company, the Company will, and shall procure that all Sub-processors:
- return a complete copy of all Customers Personal Data to the Customer,
- and delete and procure the deletion of the Customers Personal Data Processed by the Company or any Sub-processor. The Company will comply with any such written request within 30 days, unless it is unworkable due to the purposes of processing or due to the technical issues.
- Retention of Copies. The Company may retain Customer Personal Data to the
extent required by applicable European Union law or the law of an EU Member
State and only to the extent and for such period as required by such laws and
always provided that the Company shall ensure the confidentiality of all such
Customer Personal Data and shall ensure that such Personal Data is only
processed as necessary for the purpose(s) specified in such law requiring its
storage and for no other purpose.
The Customer agrees that after the termination or expiration of the Agreement its data may be stored as a backup for the time needed to secure (establish, investigate or defend) Customer’s and Company’s claims that may arise due to the performance of the Services (for the time it takes for the claims to be barred).
- Data Protection Officer is Maria Metlarova
Free Call, inc.
Attn: Privacy Officer
3041 Mission St # 2091
San Francisco CA 94110
United States of America
- The scope and purpose of gathering and processing Personal Data and other information by Free Call, Inc. is:
- Geo-Location data
Please be aware Free Call, Inc. may have access to your geo-location data as we collect and process IP address of all devices you use our software on. Collecting and processing your geo-location data refers to mobile devices as well as computers.It happen regardless you are a Visitor or a Customer.
- Communications from the site
We will occasionally send you push notifications in order to make you aware of any outages of Service. You may opt-out of receiving these types of communications by turning off push notifications at the device level. We may also send you some e-mails from our blog (described more fully in Subsection J below). If you wish not to receive such notification you have an option to ‘unsubscribe’ this type of communication anytime. We will also send you notifications related to some important updates of our Services. The purpose of sending you such e-mails or messages is to keep you informed of the latest improvements, features and other developments. From time to time in specific situations we may also send you some other messages, notifications or text messages. Users who leave their contact details while accessing particular sections of our website (such as reports) might receive additional messages not described above.
- Third party Personal Data
- As you are using our Services, you may click through certain links or promotions that will enable you to purchase Services or use Services provided by promotional partners or other sites or commerce providers. Some of those entities may share with us certain information that you provide to them. By clicking through to those links or promotions, you agree to allow us to receive and use any information, except for credit card information (account number, expiration date) that you may provide to such entities, under the same terms as if you provided it to us directly.
- We may purchase marketing data from third parties and add it to our existing user database, to better target our advertising and to provide pertinent offers in which we think you would be interested. To enrich our profiles of individual Customers, we may tie this information to the personally identifiable information they have provided to us.
- Children personal data
We do not knowingly collect Personal Information from anyone under the age of 13. If you notice we collect and process Personal Data of anyone under the age 13 incorrectly, please contact us at: support@FreeCallinc.com (or via support e-mail of the Service you use). We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through the websites or Services.
- Using ‘cookies’
- Clear Gifs (Web Beacons/Web Bugs)
Our third party tracking utility partner employs a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence. We may tie the information gathered by clear gifs to our Customer’s Personal Data.
- Mobile analytics
We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your device. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We may link the information we store within the analytics software to personal data you submit within the application.
- Social media (features) and widget
- Comment system
In order to post comments on our websites (i.e. our blogs) you must sign into Facebook, Twitter, Disqus or Google, as we use ‘social-media plugins’ to allow Visitors and Customers to leave comments on our blogs. No Personal Information is tied to your posts. You subscribe to our blogs by providing your e-mail address. We will only use this to send you an e-mail notification when new blogs have been posted and when users comment on a blog that you previously have commented. We will not use this information for any other purpose. You have the opportunity to opt-out from our blog e-mails by using ‘unsubscribe’ button.
- Facebook Connect and other OpenID providers
Depending on the Service you use you may have the possibility to log in to our Free Call customer support feature using sign-in services such as Facebook Connect and other OpenID providers. These services will authenticate your identity and provide you the option to share certain Personal Information with us such as your name and e-mail address to pre-populate our chat form. Services like Facebook Connect give you the option to post information about your activities on this website to your profile page to share with others within your network.
6. Data disclosure
- Free Call, Inc.’s main purpose of gathering Personal Data and other
information is to maintain Services, ensure safe and guaranteed Services
performance for its Customers, upgrade and improve functionality of its
Services. Owing to the above process we exceed our Customers’ expectations, we
provide a constant development of our Services the use of which becomes much
easier and more convenient. In order to ensure orderly and safety functioning
our Service we cooperate an use a software of other entities providing services
(described below). We do not sell or lease, your Personal Data to any
third party. We will never share, sell rent or trade your registration and
Personal Information with any marketing or promotional partners without your
The following are exceptions, with respect to whom we may share your Personal Information:
- Free Call, Inc. reserves the right to disclose Personal Data to any of our parent, subsidiary, affiliated or successor companies.
- Credit/payment card data provided by the Customer are disclosed solely to professional companies that conduct non-cash transactions and only to the extent necessary to effect the payments. Except for the above situations Free Call, Inc. shall not disclose any information or personal data provided by Customer.
- You should also be aware that courts of equity, such as U.S. Bankruptcy Courts, or governmental authorities may have the authority under certain circumstances to permit your Personal Information to be shared or transferred to third parties (other than Third Party Service Provider) without your permission.
- Personal Data and other information provided by Customer shall not be disclosed to third parties unless the obligation to disclose the information to third parties results from the currently effective provisions of law, such as to comply with a subpoena, or similar legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request, or if it is necessary for the Free Call, Inc.’s security and its rights protection, including the protection against the claims submitted by the third parties. The provided Customer’s information may be utilized in the event of breach of Terms and Conditions for the use of Services, misuse of funds, the necessity to take action against all Customer’s unlawful actions. Free Call, Inc. shall transfer no information or Personal Data to any third parties for marketing purposes. Free Call, Inc. reserves the right to use the provided Personal Data for the marketing purposes and other purposes connected with presenting up-to-date offer of Services and instructions or tips related to the Service in direct contacts with the Customer. You may opt-out from such e-mails at any time by following the unsubscribe instructions located at the bottom of each communication or by e-mailing us at support@FreeCallinc.com (or via support e-mail of the Service you use).
We will always give you an opportunity to choose opt-out before your Personal Data is (1) disclosed to a Sub-processor (other than Free Call, Inc.’s representatives doing work at our direction, or a third party affiliated or associated with Free Call, Inc. and connected with providing services and its current business activity), or (2) to be used for a purpose that is materially different than that for which it was originally collected or subsequently authorized by you. The only exception to this choice for Personal Data would be where we are required to disclose your Personal Data pursuant to governmental or judicial order, law or regulation to meet national security or law enforcement requirements. We will enable our Customers to provide individuals with reasonable mechanisms to exercise their choices. To limit the use and disclosure of your Personal Information, please submit a written request by e-mailing us at support@FreeCallinc.com (or via support e-mail of the Service you use).
9. Accountability for Onward Transfer
10. Sub-processors (service providers)
We guarantee that we take reasonable and appropriate technical and operational measures to protect your Personal Information we collect and hold from loss, misuse and unauthorized access, disclosure, alteration, and destruction. While protecting your personal data we take into due account the risk involved in the processing and the nature of the Personal Data.
12. Data Integrity and Purpose Limitation
Free Call, Inc. will only collect and retain Personal Information which is relevant to the purposes for which the Information is collected, and will not use it in a way that is incompatible with such purposes unless such use has been subsequently authorized by the Customer. Free Call, Inc. will take reasonable steps to ensure that Personal Information is reliable for its intended use, accurate, complete, and current. We may occasionally contact you to determine that your Personal Data is still accurate and current.
Each data subject has the right to access, correct, amend, block or delete its Personal Data. The Company shall comply with any commercially reasonable request by Customer to correct, amend, block or delete Customer’s Personal Data, as required by Data Protection Laws, to the extent the Company is legally permitted to do so. If you wish to access, amend, or confirm that Free Call, Inc. has Personal Data relating to you, or if you wish to correct or delete your Personal Information if it is inaccurate, please notify us at: support@FreeCallinc.com (or via support e-mail of the Service you use). If your Personal Data changes, or if you no longer desire our Services, you may correct, update, delete inaccuracies or request deactivation of your account by making the change within the ‘my profile’ section of the site or by e-mailing us at support@FreeCallinc.com (or via support e-mail of the Service you use). We will respond to your access request within 30 days. To request removal of your personal data from our testimonials or customer support forum, please contact us at support@FreeCallinc.com (or via support e-mail of the Service you use). In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.
14. Recourse, Enforcement and Liability
Since we are committed to protecting your privacy as set forth in this Policy, if you think we are not in compliance with our Policy, or if you have any question or if you wish to take any other action concerning this Policy or your Personal Information, we encourage you to contact us. We will investigate your complaint, take appropriate action and report back to you within 30 days. Free Call, Inc. has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. These recourse mechanisms are available at no cost to you. Under certain conditions, more fully described on the Privacy Shield website, www.privacyshield.gov if you are not satisfied with the above recourse mechanism, you may be able to invoke binding arbitration before a newly constituted Privacy Shield Panel.
From time-to-time we may provide you the opportunity to participate in a survey within our applications or via e-mail. If you participate, we may require your name and e-mail address. Participation in these surveys is completely voluntary and you therefore have a choice whether or not to disclose this information.
We allow you the option to integrate your Free Call with third party add-ons. Please be aware that Free Call, Inc. is not responsible for any information that may be collected through these third party add-ons.
17. Data protection
Free Call, Inc. applies technical safety measures of the highest standards to protect the provided Personal Data against loss, destruction, misuse, unauthorized access or disclosure. The used measures and technology ensure complete safety of the Personal Data provided by the Customer. The Personal Data is available solely to the Customer or to a person indicated by him provided authorized access has been granted to that person. You control who you allow access to the Free Call app by either selecting everyone or limited IP addresses. The security of your Personal Data is important to us. We follow generally accepted industry standards to protect the personal data submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. Free Call, Inc. takes all necessary steps to update and modernize data protection system. No data transmission via the Internet, however, can guarantee 100% safety. When you enter information, such as credit card number, on our website or within our applications, we encrypt the transmission of that information using secure socket layer technology (SSL).
We may update this privacy statement to reflect changes to our information practices. If we make any significant material changes we will notify you by e-mail (sent to the e-mail address specified in your ‘owner’s account’) or by means of a notice on the website prior to the change becoming effective. We encourage you to periodically review this website for the latest information on our privacy practices.
19. Data gathering entity
Conducting its activity, under the business name of Free Call, Inc., with its office: Free Call, inc. 3041 Mission St # 2091 San Francisco CA 94110, United States of America, shall be the entity gathering Personal Data and other information.
20. Commercial transactions
We post Customer testimonials on our websites which may contain Personal Data. We use the ‘Twitter social plugin’ to display our Customers’ comments on our websites. In any other scenario we do obtain the Customer’s consent via e-mail prior to posting the testimonial to post their name along with their testimonial.
22. Community forum
Our websites may offer publicly accessible forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.
23. Import Agents List
Depending on the Service you use we provide you with a way to import up to 100 operators at a time by allowing you to upload an excel spreadsheet. We will only use the information to allow you to add multiple Agents to your account at one time. We will send these operators a one-time e-mail inviting them to register with the site. If these Agent wish to have their e-mail address removed, they may remove the data through the application directly or contact us at support@FreeCallinc.com (or via support e-mail of the Service you use).
24. Link to Other Sites
25. Terms and Conditions
Using offered Services rendered by Free Call, Inc., the Visitor and the Customer are obliged to comply with rules contained in the Terms and Conditions available on our websites.