VOCALYTICS PRIVACY POLICY
Updated: 5/7/2020
Vocalytics, Inc. (“Vocalytics” or “we”) offers services that help people interact with each other in new ways by providing organizations (“Subscribers”) a voice data processing and analytics solution (the “Solution”).
Vocalytics respects the privacy of the users of our Solution including those users who were designated by our subscribers as employees or personnel who have been authorized to use the Solution on their behalf (the “Authorized Personnel”), and our subscribers’ customers or clients (the “Subscriber Customers”). We are committed to protecting the information of Subscriber Customers and Authorized Personnel (each and together “you” or “User”), which we process in connection with the use of our Solution (as defined below), as applicable (collectively, the “Services”).
This policy (the “Privacy Policy”) is intended to describe our practices regarding the information we may capture when you interact or use the Services (or any part thereof) and the manners in which we may use such information.
I. YOUR CONSENT
BY ACCESSING AND/OR USING THE SERVICES (OR ANY PART THEREOF), YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY. BY INSTALLING AND IMPLEMENTING OR ACCESSING THE SOLUTION, YOU AGREE TO THE CAPTURING AND PROCESSING OF YOUR INFORMATION. IF YOU DISAGREE WITH ANY TERM PROVIDED HEREIN, PLEASE DO NOT DOWNLOAD, INSTALL, IMPLEMENT, USE, OR ACCESS THE SOLUTION OR SERVICES OR ANY PART THEREOF IN ANY MANNER WHATSOEVER AND, IF APPLICABLE, UNINSTALL THE SOLUTION AND ANY RELATED APPS FROM YOUR SYSTEMS AND DO NOT USE THEM IN ANY MANNER WHATSOEVER.
IN ACCORDANCE WITH THE CONFIGURATION AND CHOICES MADE BY THE SUBSCRIBER (WHO MAY BE THE ORGANIZATION YOU WORK FOR, ENGAGED BY OR YOUR SERVICE PROVIDER), YOUR IN-PERSON VOICE INTERACTIONS WITH CUSTOMERS, USERS OR OTHER PERSONNEL OF SUCH SUBSCRIBERS MAY BE CAPTURED AND DOCUMENTED BY AND VIA THE SOLUTION. VOCALYTICS MERELY PROCESSES THE IN-PERSON VOICE INTERACTIONS ON BEHALF OF OR IN ACCORDANCE WITH THE INSTRUCTIONS OF THE SUBSCRIBER. THE SUBSCRIBER (NOT VOCALYTICS) IS RESPONSIBLE FOR PROVIDING YOU, AS WELL AS ALL OTHER PARTICIPANTS OF THE APPLICABLE IN-PERSON INTERACTION WITH ALL LEGAL NECESSARY AND APPROPRIATE DISCLOSURES AND NOTICES IN CONNECTION WITH THE SUBSCRIBERS USE OF THE SOLUTION (INCLUDING SPECIFICALLY THE VOICE DATA). IF FOR ANY REASON YOU FEEL THAT YOUR VOICE DATA WAS OBTAINED IN A MANNER NOT CONSISTENT WITH THIS AGREEMENT AND/OR ANY LAWS YOU ARE ENCOURAGED TO CONTACT THE SUBSCRIBER WITH WHOM YOU INTERACT.
II. INFORMATION CAPTURED
A. Personal Information
“Personal Information” is individually identifiable information, namely information that identifies an individual or may with reasonable efforts or together with additional information we have access to enable the identification of an individual, or related to an individual or may be of private or sensitive nature information relating to an identified or identifiable natural person. Identification of an individual also includes association of such individual with a persistent identifier such as a name, an identification number, persistent cookie identifier, or otherwise. Personal Information does not include information that has been anonymized or aggregated so that it can no longer be used to identify a specific natural person.
B. Different Users
As reflected above, we consider two types of Users with respect to whom we process information: Authorized Personnel and Subscriber Customers. The scope, types and nature of information we may process in relation to each of these User-types is different.
C. Authorized Personnel and Subscriber Customer Data
We may capture information in relation to Authorized Personnel and Subscriber Customers, including data that is actively provided to us via the Solution or otherwise, for example: Authorized Personnel contact information; Authorized Personnel association, employment, and affiliation with Subscriber; and the contents of Subscriber Customers’ interactions with Subscriber’s Authorized Personnel, which may include text or audio data and transcripts of such communications.
Personal Information that may be included in the voice data captured by the Solution will be automatically redacted or anonymized.
D. Notice of Voice Data Capture
As part the core functionality of the Solution, we enable the capture of voice data from in-person interactions. Such voice data, by nature, may include the voice, communication, and information of third parties participating in such interaction (whether actively or otherwise). You warrant and represent that prior to the use of the Solution all disclosures necessary or advisable under applicable law have been made to all individuals participating and/or in the vicinity such that certain voice data may be captured during such in-person interaction, and all consents and approvals for the data capture as necessary or advisable under applicable law, have been obtained.
PLEASE NOTE THAT THE AFOREMENTIONED DISCLOSURE AND CONSENT REQUIREMENTS, WITH RESPECT TO CAPTURING IN-PERSON VOICE INTERACTIONS, MAY VARY FROM STATE TO STATE. YOU REPRESENT, COVENANT, AND WARRANT THAT (I) YOU WILL REVIEW ALL APPLICABLE LAWS, AND TO THE EXTENT REQUIRED, OBTAIN SUCH NEEDED LEGAL COUNSEL BEFORE YOU USE OR ALLOW OTHERS TO USE THE SOLUTION; AND (II) YOUR USE OF THE SOLUTION DOES NOT BREACH OR INFRINGE ON THE RIGHTS OF ANY THIRD PARTY, INCLUDING THE RIGHT FOR PRIVACY. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ANY AND ALL APPLICABLE LAWS IN CONNECTION WITH YOUR USE OF THE SOLUTION.
III. METHODS OF INFORMATION CAPTURE
We capture information in various ways, including, but not limited to: (i) information actively provided to us by the Subscriber, Authorized Personnel, or Subscriber Customers; (ii) information received as part of the voice data capture functionality of the Solution and otherwise is derived by our systems from Authorized Personnel use of our Solution and Services; and (iii) information we obtain from other sources or third parties.
A. Actively Provided Information
Generally, this category of information collection refers to any information, data, or content you actively create or provide through our Solution or Services.
B. Automatically Collected Information
The settings and activation of the voice data capture functionality of the Solution is configured by the Subscriber, who selects whether such feature is activated in connection with designated business hours, calendar events, other criteria, or actively initiated or disabled by Authorized Personnel each time it is used to capture an in-person interaction. For more information regarding the activation settings of the voice data capture functionality of the Solution, contact the Subscriber (which is an organization employing or engaging you).
C. Information Obtained from Third Parties
We may collect your information from third parties who have assured us that they have obtained your consent to do so. For example, if you are an Authorized Personnel we will probably be receiving certain information relating to you from the Subscriber (which is an organization employing or engaging you) in order to provide such Subscriber with our Services, e.g., so that we can configure and set up Authorized Personnel login credentials for our Solution prior to such Authorized Personnel’s first login.
IV. PURPOSES OF COLLECTING AND PROCESSING INFORMATION
A. Usage of Information
We may use information that we collect about you for different purposes which may vary accordingly if you are an Authorized Personnel or Subscriber Customer. Such purposes may include but are not limited to (i) providing and improving our Services and Solution and managing our business; (ii) creating cumulative statistical data and other cumulative information and/or other conclusive information that is non-personal or anonymized in which we and/or our business partners might make use of in order to operate and improve our Solution; (iii) performing functions or services as otherwise described to you at the time of collection; (iv) preventing, detecting, mitigating, and investigating fraud, security breaches, or other potentially prohibited or illegal activities; and (v) complying with any applicable rule or regulation and/or response, or defending against legal proceedings involving us or our affiliates.
We will not store or use any of your Personal Information captured by the Solution.
V. SHARING INFORMATION WITH THIRD PARTIES
We may share with or otherwise allow third parties to access your information in a manner and scope which may vary if you are an Authorized Personnel or Subscriber Customer. Such information may be shared in the following circumstances:
A. With a Subscriber or its employer or service provider, as applicable, as required in the scope of Services to such Subscriber;
B. With service providers whose services and solutions complement, facilitate, and enhance our own. We may share information we collect with such service providers who need to access such information to carry out work on our behalf, including hosting, database, data analytics services, data and cybersecurity services, fraud detection and prevention services, session data for analytics purposes, and our business, legal, and financial advisers (collectively, the “Third-Party Service Providers”);
C. With a Subscriber or select Authorized Personnel to the extent that and in the manner configured by the Subscriber on the Solution;
D. In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation, or legal process, or as otherwise required by any applicable law, rule, or regulation; and
E. With companies that share common corporate ownership with Vocalytics, or in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company.
We may also share aggregated or de-identified information which cannot reasonably be used to identify you.
VI. INFORMATION STORAGE
Information regarding Users may be maintained, processed, and stored by us and our authorized affiliates, Subscribers and service providers as necessary, including in secured cloud storage provided by Third-Party Service Providers.
VII. SECURITY
We take reasonable measures to help protect information about you from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction.
VIII. DATA RETENTION
We may create cumulative statistical data and other cumulative information and/or other conclusive information that is non-personal or anonymized in which we and/or our business partners might make use of in order to operate and improve our Solution for as long as legitimate and to the extent required to provide Services, and in accordance with the instructions of our Subscribers who are the controllers of the data we capture and/or process. This includes, without limitation, as reasonably necessary to comply with our legal obligations and/or protect our legitimate interests.
IX. CHANGES TO THE PRIVACY POLICY
We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our website’s homepage). We encourage you to review the Privacy Policy whenever you access our website to stay informed about our information practices.
X. GENERAL INFORMATION
This Privacy Policy, its interpretation, and any claims and disputes related hereto, shall be governed by the laws of the State of California. Any and all such claims and disputes shall be brought in, and you hereby consent to them being litigated in and decided exclusively by a court of competent jurisdiction located in California.
