PRIVACY NOTICE AND POLICY
Effective as of September 9, 2014, Updated as of March 18, 2015
VizziCal LLC (“VizziCal”) is the owner and operator of the VizziCal Website, VizziCal Software and/or the VizziCal Service (collectively “VizziCal PRODUCT”). VizziCal is committed to protecting the privacy and security of the information it may gather from Users.
The VizziCal PRODUCT is governed by the laws of the State of New Jersey, U.S.A., this Privacy Notice and Policy, and the Terms of Service of the VizziCal PRODUCT.
The term “Content” refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials posted at, on or to or at the VizziCal PRODUCT.
The term “VizziCal” refers to VizziCal LLC.
The term “Parties” shall refer to VizziCal and User, collectively.
The term “Party” shall refer to either of VizziCal or User.
The term “Payment Information” shall refer to credit card payment information provided by a User to VizziCal for payment of services.
The term “Services” shall refer to the monitoring of the Internet for potential infringement of intellectual property rights.
The term “Personal Information” includes, but is not limited to, any information that identifies or describes an individual, including his or her name, social security number, physical description, age, gender, marital status, health status, financial status, home address, home telephone number, education, financial matters, and medical or employment history. Personal Information also includes statements made by, or attributed to, a User. Personal Information also includes information concerning User’s mobile phone device, which may include information that can be used to identify you as specified herein.
The term “User Profile” refers to a profile posted by a User via the VizziCal PRODUCT.
The terms “you”, “your” and/or “User” refer to any individuals and/or entities visiting and/or otherwise accessing the VizziCal Website, VizziCal Software and/or the VizziCal Service for any reason.
PERSONAL INFORMATION COLLECTED AND USE OF PERSONAL INFORMATION
Information about you is collected at or via the VizziCal PRODUCT when you: (i) register for the VizziCal PRODUCT; (ii) enter your Personal Information in any form on the VizziCal PRODUCT; (iii) apply for or register to become a registered User of the VizziCal PRODUCT; (iv) post or otherwise enter Personal Information in a User Profile; (v) purchase Services available through the VizziCal PRODUCT; (vii) sign up for our News Service, enter a contest or other promotional feature. Personal Information may also be collected any time a User provides such information voluntarily to VizziCal via the VizziCal PRODUCT or any form thereon. Personal Information is provided at your own risk. VizziCal will not collect any Personal Information about you unless you agree to disclose such information personally.
PERSONAL INFORMATION MAY BE OBTAINED AS SPECIFIED BELOW
When you install the VizziCal application or register, you will be asked to provide us with your phone number, and to allow us access to your mobile device’s address book. A copy of the phone numbers and names in your address book (but not emails, notes or any other Personal Information in your address book) will be stored on our servers and will only be used to:
a) Indicate which of your contacts is already a VizziCal user,
(b) Correctly display the name of each contact as it appears in your address book when a call is received, and
(c) Sync your contacts.
The copy of your address book IS NOT stored on our database or server. Your phone number is the only information that is stored your phone number will be used for identification purposes as your VizziCal User ID.
In order to provide the VizziCal service, VizziCal will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers of other VizziCal users (“in-network” numbers), or otherwise categorize other mobile phone numbers as “out-network” numbers, which are stored as one-way irreversibly hashed values.
VizziCal also maintains a Call Detail Record (CDR, see http://en.wikipedia.org/wiki/Call_detail_record) for each message and call that goes through the system. These are industry standard records used by all phone companies. We maintain this information in order to better understand network behavior and trends, detect potential outages and technical issues and for public safety reasons. All log analysis is done in an anonymous, aggregate, non-personally identifiable manner. We may look into a specific CDR in response to a customer support request.
WE DO NOT RECORD ANY PART OF YOUR CALL
We also provide some of your Personal Information (such as your first name, your phone number and geo location to the business who accepts your call/or message for customer service/or campaign so that the business may contact and find you to solve your business issues. The companies which use our software are also able to access your Personal Information, including your geo-location data.
VizziCal on Android may interact with your phone’s SMS inbox or call history for the sole purpose of service activation, placing incoming messages in your inbox, reading the contents of the activation SMS sent to you by VizziCal. If you turn on “SMS pop up alert”, we just display the SMS message to you as a popup. With your consent, we can send your messages over SMS instead of Data or Wifi based on our “Connection Mode”.
For example, VizziCal collects information when you create an account, use the Services to send or receive messages, request customer support or otherwise communicate with us. The types of information collected may include your phone number, country code and any other information you choose to provide. When you send or receive messages, we also temporarily collect, process and store the contents of those messages, including the time, date, sender and recipient of the picture (“Context Icon”) on our servers. The contents of those messages are also temporarily stored on the devices of recipients.
VizziCal may log information about your use of our websites, including your browser type and language, access times, pages viewed, your IP address and the website you visited before navigating to our websites.
VizziCal may collect information about the computer or device you use to access our Services, including the hardware model, operating system and version, MAC address, unique device identifier, phone number, International Mobile Equipment Identity (“IMEI”) and mobile network information. In addition, the Services may access your device’s native phonebook and image storage applications, with your consent, to facilitate your use of certain features of the Services.
THIRD PARTY SERVICES
We use third party individuals and companies to facilitate use of our Services, provide/or provide certain aspects of the Services on our behalf – like the other third parties to design and/or operate the Services’ features, to host the Services, to track the analytics, engage in anti-fraud and security measures, , process payments, provide support, provide geo-location information to our call recipients, enable us to send you specific information, host our job application form, perform technical services (maintenance services, database management, web analytics and improvement of the Services’ features), or perform administrative services. We may provide these vendors with access to user information, limited to only the information needed by the vendor to carry out the services they are performing for you or for us. Each of these vendors are obligated not to disclose or use Personal Information for any other purpose.
We may use other third party analytics service providers to evaluate and provide us with information about the use of the Services and viewing of our content, we do not share Personal Information with these other service providers, but they may set and access their own cookies, web beacons and embedded scripts on your Device and they may otherwise collect or have access to information about you, including non-personally identifiable information.
We may also use third party services like “twitter” or “email” in an event the call is not connected or other social media to connect to company’s accounts on your behalf and post generic data or messages to allow you better services from other businesses. This post will only be done only when you use our services to reduce the gap between customers and the business. This service will allow businesses to understand your needs and handle them appropriately.
Certain aspects of the Services may be provided to you in association with third parties and may require you to disclose Personal Information to them. Such Co-Branded Services will identify the third party. If you elect to register for products and/or services through the Co-Branded Services, you may be providing your information to both the third party and us.
Campaign, Customer Service, Contests and Promotions.
We may offer sweepstakes, campaigns, voting/or polling, contests, and other promotions through the Services that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in improving their services or marketing services associated with the Promotion. Personal Information may be disclosed to third parties or the public in connection with the administration of such Campaign, customer service issues, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the comapnies official rules.
Users will have the option to elect to “opt out” from any or all of the following communications from VizziCal: (1) Mail (e-mail and direct mail); (2) Phone (telephone and fax solicitation); or (3) Contact (all communications including e-mail, direct mail, fax and telephone). In addition, Users can “opt out” of further e-mail communications by following the directions included in e-mail communications or by sending an e-mail to sales@VizziCal.com.
Users acknowledge and agree that all agreements, notices, disclosures and other communications that VizziCal provides to you electronically either via our VizziCal APPLICATION or through e-mails satisfy any legal requirement that such communications be in writing. You may “opt out” of receiving such communications by sending a blank e-mail message to sales@VizziCal.com.
The VizziCal APPLICATION permits Users to submit contact information, should they so choose. Submitted information may be used to contact Users to answer questions and send information about the VizziCal APPLICATION, or programs offered by, through or via the VizziCal APPLICATION. Users may also be contacted regarding participating in surveys. Information gathered from Users during surveys is only gathered in order to learn more about general User preferences, trends and interests. Users may “opt out” of such contact by following the directions included in e-mail communications or by visiting the VizziCal APPLICATION and following the “opt-out” instructions.
VizziCal may collect data about how the VizziCal APPLICATION is used to enable VizziCal to understand and respond to the needs of Users. This data does not contain Personal Information. Users can visit the publicly accessible areas of the VizziCal APPLICATION without identifying themselves or disclosing any Personal Information.
You should keep in mind that, if you refuse to consent to, opt out of, or withdraw your consent to our collection, use and/or disclosure of your Personal Information that is necessary to fulfilling your request, we may not be able to offer you certain goods, services and/or benefits.
VizziCal will not sell, rent or lease User names, lists of Users, or User contact information or e-mail addresses.
THE INFORMATION VizziCal DOES NOT COLLECT
VizziCal does not collect names, emails, addresses or other contact information from its Users’ mobile address book or contact lists other than mobile phone numbers on its server. The VizziCal application will associate whatever name the VizziCal User has assigned to the mobile telephone number in his/her mobile address book or contact list. This occurs dynamically on the mobile device itself and not on VizziCal’s servers and is not transmitted to VizziCal. VizziCal does not collect location data, but users may voluntarily share their location with other users via the VizziCal Service.
The contents of messages that have been delivered by the VizziCal Service are not copied, kept or archived by VizziCal in the normal course of business. Users type their messages, which are sent via data service to our servers, and routed to the intended recipient (who must also be a VizziCal user), if that recipient is online. If the recipient is not online, the undelivered message is held in VizziCal’s server until it can be delivered. Files that are sent through the VizziCal Service will reside on our servers after delivery for a short period of time, but are deleted and stripped of any identifiable information within a short period of time in accordance with our general retention policies.
VizziCal does not knowingly collect data for persons under 16 years of age. If VizziCal learns that Personal Information of persons under 16 years of age has been collected on the VizziCal Site or VizziCal Service, then VizziCal may deactivate the account and/or make the status submissions inaccessible.
USE OF INFORMATION
Personal Information submitted to VizziCal is used to operate, maintain, and provide to you the features and functionality of the VizziCal PRODUCT and service. The User mobile phone number will be retained. Any Personal Information or status content that you voluntarily disclose on the VizziCal PRODUCT becomes publicly available and may be collected and used by other users of the VizziCal PRODUCT and Service. Your name may be displayed to other users when you update your status messages through the VizziCal PRODUCT and Service and other users may contact you through the VizziCal PRODUCT.
VizziCal may use your mobile phone number (or email address, if provided) without further consent for non-marketing or administrative purposes (such as notifying you of VizziCal PRODUCT and Service changes or for customer service purposes.
VizziCal does not collect names, emails, addresses or other contact information from its UsersWe may share information about you and your phone number as necessary for the VizziCal PRODUCT. This may include displaying the name associated with a certain number and automatically displaying the caller’s name when a call is received, the caller’s context icon and context message to Users who have activated that functionality. The VizziCal PRODUCT is hosted and processed by a third party service provider, “Network Solutions”, and therefore any personal details you submit through the VizziCal PRODUCT may be processed by that third party service provider. Information may also be disclosed in accordance with any applicable law, rule, or regulation, or as otherwise required by any applicable law, rule or regulation, and in order to investigate or remedy potential violations of our user agreements or policies, or to protect the rights, property and safety of VizziCal, our users or others.
VizziCal does not sell or share your Personal Information with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out as described herein.
We will retain your Personal Information and Usage Information (including geo-location) for as long as your account with the Services is active and as needed to provide you services. Even after your account is terminated, we will retain your Personal Information and Usage Information (including geo-location and transaction history) as needed to comply with our legal and regulatory obligations, resolve disputes, conclude any activities related to cancellation of an account, investigate or prevent fraud and other inappropriate activity, to enforce our agreements, and for other business reason. After a period of time, your data may be aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the data will be solely for analytic purposes.
SECURITY OF YOUR PERSONAL INFORMATION
The VizziCal APPLICATION takes commercially reasonable physical, managerial, and technical precautions and safeguards to preserve and protect the integrity and security of your Personal Information. When you submit sensitive Personal Information via the VizziCal APPLICATION, the information is protected both online and off-line. If you have any questions about the security regarding the VizziCal APPLICATION, you can send an email to sales@VizziCal.com. If you have any concerns, questions or complaints regarding your Personal Information, the use of your Personal Information by VizziCal, or opting out of any communications from VizziCal, please contact sales@VizziCal.com. VizziCal will endeavor to address your concerns in a timely manner.