CloudCall is committed to respecting its customers’ and prospective customers’ privacy. Once you choose to provide personally identifiable information to us, it will only be used in the context of your relationship with CloudCall.
Except as noted below, CloudCall will not sell, rent, or lease your personally identifiable information to others. CloudCall will only share the personal data you provide with other CloudCall entities and/or third parties who are acting on CloudCall’s behalf in connection with the provision to you of services/products, as described and limited below. These CloudCall entities and/or national or international third parties shall be subject to CloudCall’s privacy policies with respect to the use of this data.
CloudCall complies with the European Union-United States 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 from European Economic Area member countries and Switzerland, respectively. CloudCall has certified that it adheres to the Privacy Shield principles of notice, choice, onward transfer, security, data
integrity, access, and enforcement. To learn more about the Privacy Shield program, please refer to our CloudCall EU-U.S. Privacy Shield Framework Supplement to CloudCall Privacy Policies (below), whose principles govern compliance with both the EU-U.S. Privacy Shield Framework and the Swiss U.S. Privacy Shield Framework.
CloudCall offers voice and unified communications solutions that integrate with various CRM platforms. CloudCall has been delivering cloud services since 2012. CloudCall customers include small to medium-sized businesses, recruitment companies, not-for-profit organisations and financial services providers.
CloudCall has offices in the US at 320 Congress Street., Boston, MA, 02210 and in the UK at 1 Colton Square, Leicester, LE1 1QH. If you have any questions about CloudCall’s privacy policies or wish to submit a complaint to CloudCall concerning its privacy practices, please contact CloudCall by email sent to GDPR@cloudcall.com or by mail to either of the addresses above. You may also contact our Data Protection Officer (Matthew Buswell, Head of Legal and Data Protection Officer of CloudCall, email address: DPO@cloudcall.com) if you have any questions about CloudCall’s privacy policies or wish to submit a complaint to CloudCall concerning its privacy practices. For any questions, concerns, or complaints concerning our privacy practices that cannot be handled by CloudCall itself, please contact your local data protection authority (e.g. the UK Information Commissioners Office (www.ico.org.uk) if you are UK based). For clarity, you have the right to make a complaint at any time to your local data protection authority about our privacy practices. We would, however, appreciate the chance to deal with your concerns before you approach the local data protection authority so please contact us in the first instance.
Providing Notice to Customers and Prospective Customers
Information We Collect and How We Collect It
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows (they are expanded on lower down in this section):
• Identity Data includes first name, maiden name, last name, username or similar identifier, title, and gender.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our website.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our website, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
We use different methods to collect data from and about you including those summarised below (they are expanded on lower down in this section):
• Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for, purchase, use, access, enquire about, enter into a contract for, enter into negotiations for, or trial, our products or services;
- create an account on our website;
- subscribe to our service or publications;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us feedback or contact us.
• Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
- Technical Data from the following parties:
(a) analytics providers (such as Google based outside the EU); and
(b) search information providers (such as Google based outside the EU).
• Contact, Financial and Transaction Data from providers of credit reference/check services, technical, payment and delivery services.
• Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the EU and from biographical information posted by you on the internet.
We gather information from customers and prospective customers through a variety of ways, online and through offline communications, which include in-person meetings, web forms, emails, and phone calls. We collect contact information from representatives of our prospective business customers and our business customers, such as name, company name, address, email address, and telephone number. As we communicate with these representatives, we may gather additional information from them, such as the potential customer’s industry, their staff, communication requirements or revenues. We may also use data-appending methods to gather additional information, such as by reviewing biographical information posted by these representatives on the internet.
In addition, we gather information based on customers’ and prospective customers’ systems and behaviour in viewing our website pages and files on our website, including what pages or files are viewed, when users view them, the time spent on each page, browser and operating system, internet protocol address, the domain associated with that address, and location. We also collect information based on customers’ and prospective customers’
gather information from these visitors. We use this information to analyse how visitors use our website and to better match their experience with our website with their interests. CloudCall also gathers information concerning the search terms that website visitors have used to reach our website.
After a prospective customer becomes a customer, we continue to maintain the information collected during the time in which it was a prospective customer. We also collect additional information from prospective customers that become customers using the means we describe above. For instance, once prospective customers enter into a service agreement with CloudCall, we collect and maintain information about customers’ agreement with
CloudCall, payment information, and information about individual transactions.
Also, we collect information needed to deliver online services, support, and training to customers. For example, we gather information to register prospective customers and customers to use our services, such as a username and password for each individual account.
Your calls with CloudCall may be recorded to gather information to improve customer service.
Moreover, we collect information that you or others provide to us in connection with your use of our services/products. Examples include phone numbers you dial or provide to our services, records you hold in your customer relationship management systems, service setup information, service configurations and settings, recorded calls, messages, and meetings, voicemails, incoming and outgoing faxes, user-saved or stored content shared among users, email and text communications, and call centre customer information you provide to us. Our systems also generate reports and information stored on your account. We maintain this system-generated information in connection with your account.
Children are not eligible to use CloudCall’s website or services or products, and we ask that minors (under eighteen years old) do not submit personally identifiable information to us. We do not knowingly collect data relating to children.
Sharing and Transfer of Information (Onward Transfer)
We may share your personal data with the parties set out below (for the purposes set out in the table in the “How We Use the Information We Collect” section below):
• Internal Third Parties as set out in the Glossary section below.
• External Third Parties as set out in the Glossary section below.
• Third parties to whom we may choose to sell, transfer or merge parts of our
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
If you are a UK/European Union based customer or prospective customer then the following provisions apply:
• We share your personal data within the CloudCall Group. This will involve transferring your data outside the European Economic Area (EEA).
• Some of our External Third Parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.
• Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
1. We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
2. Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
3. Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.
• Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
We require third parties to protect your information with the same privacy and security controls that apply to our own collection, storage, and use of the information. Where required by the Privacy Shield framework, CloudCall will not undertake any cross-border transfer of information to a third party unless the third party has certified its commitment to adhere to the Privacy Shield framework or CloudCall enters into a written agreement with such third party requiring that the third party provide at least the same level of privacy protection as is required by the relevant Privacy Shield principles. For instance, we will ensure that these third parties have agreed to keep the stored information confidential and to not use or disclose that information without our authorisation.
We also may share or disclose your information if we receive a request or demand for such information in the form of:
• A court order to disclose such information;
• What we believe (in our sole discretion) is lawful process in a criminal investigation or proceeding, such as a search warrant, subpoena, or court order;
• Judicial or administrative process in civil proceedings, such as subpoenas or discovery requests; or
• A national security letter or similar request from any regulatory, government, state or law enforcement agency.
We also reserve the right to share or transfer your information if we believe (in our solediscretion) that such sharing or transfer is required under applicable law. Finally, we reserve the right to share any information that is not personally identifiable information, such as aggregated information without personally identifiable elements and any de-identified or anonymised information. For instance, as a publicly traded company,
CloudCall is required to file numerous reports with different administrative bodies. When we do so, CloudCall may provide aggregate statistics about customers, sales, and traffic patterns. None of these reports or statistics will include personally identifiable information.
CloudCall’s business does not include selling or renting any lists of customers, prospective customers, or their representatives.
How We Use the Information We Collect
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.
Where required by applicable law and regulation, we will get your consent before sending direct marketing communications to you. You have the right to withdraw consent to marketing at any time by contacting us.
We have set out below, in a table format, a summary of the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Lawful basis for processing (including basis of legitimate interest)"|
|To register you as a new customer||Performance of a contract with you|
|To process and deliver our services and products including: (a) Manage transactions, payments, fees and charges. (b) Collect and recover money owed to us. (c) Giving you a trial of our products and services. (e) Controlling and providing access to our services/products. (f) Providing training and support to you in respect of our products and services. (g) Responding to your enquiries about our services and products. (h) Recording our calls with you in order to improve our customer service and ensure we are delivering the products and services in line with your instructions.||(a) Performance of a contract with you. (b) Necessary for our legitimate interests (e.g. to recover debts due to us and to grow our business by effectively delivering our products and services)|
|To enable you to partake in a prize draw, competition or complete a survey||(a) Performance of a contract with you. (b) Necessary for our legitimate interests (e.g. to study how customers use our products/services to develop them and grow our business).|
|To administer and protect our business and our website (including fraud prevention, credit checking, troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data and prevention of unlawful or potentially unlawlul activity)||(a) Necessary for our legitimate interests (e.g. for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise). (b) Necessary to comply with a legal obligation.|
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.||Necessary for our legitimate interests (e.g. to study how our customers use our products/services, to develop them, to grow our business and to inform our marketing strategy).|
|To use data analytics to improve our website, products/services, marketing, customer relationships and experiences.||Necessary for our legitimate interests (e.g. to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy).|
|To make suggestions and recommendations to you about goods and services that may be of interest to you.||Necesary for our legitimate interests (e.g. to develop our products/services and grow our business).|
*In some cases (for example where required by law or where we have simply chosen to get a particular customer’s or prospective customer’s consent) we will have gained your consent as the lawful basis to process your personal data. In such cases, that consent is the lawful basis to process your personal data instead of the grounds specified above in the table (rather than the consent being a back-up, alternative or additional lawful basis to process your personal data). Such consent may be withdrawn by you at any time by contacting us.
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We use the information collected from customers and prospective customers for sales purposes, running trials, billing customers and to complete transactions. We also use contact and transactional information to deliver equipment and other products/services purchased by the customer. In addition, we provide online services and control access to these services, with information such as usernames and passwords.
More generally, CloudCall uses the information collected from a customer or prospective customer to deliver the products or services trialed or purchased by the customer or prospective customer. For instance, the information we collect enables us to deliver to customers SaaS solutions encompassing hosted communications, unified communications, and other services.
Also, where permitted by applicable law, we use the information we collect in order to communicate with our customers and prospective customers to offer them other products and services. We may also use gathered information to communicate with customers in order to respond to their enquiries and provide training and support. We may communicate with customers’ or prospective customers’ representatives by electronic or other communications, such as emails, newsletters, postal mail, and phone calls. We also reserve the right to use the information we collect to investigate and help prevent unlawful or potentially unlawful activity.
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.
In some circumstances you can ask us to delete your data: see the “Your Legal Rights” section below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Safeguard the information we collect
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
CloudCall uses information collected under this policy for the purposes for which it has been collected, as described above. In addition, CloudCall implements practices to ensure that such information is accurate, complete, and current. If you wish to access the information we have on file for you, or to change, add to, or delete information about you, please us email us at GDPR@cloudcall.com. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please contact your local data protection authority (e.g. the EU Data Protection Authorities (DPA) or Swiss Federal Data Protection and Information Commissioner (FDPIC)) for further information. The services of these authorities are provided at no cost to you.
Your Legal Rights
If you are a UK/European Union based customer/prospective customer the following provisions apply:
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
• If you want us to establish the data’s accuracy.
• Where our use of the data is unlawful but you do not want us to erase it.
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above please contact us by email at GDPR@cloudcall.com or by mail to 1 Colton Square, Leicester, LE1 1QH, UK. You may also contact our Data Protection Officer (Matthew Buswell, Head of Legal and Data Protection Officer of CloudCall, email address: DPO@cloudcall.com) if you wish to exercise any of the rights set out above.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
Internal Third Parties means
Other companies in the CloudCall Group acting as joint controllers or processors and who are based in UK or USA.
External Third Parties means
• Service providers acting as processors based in Ireland, Canada, USA, New Zealand, UK, and Czech Republic who provide IT and system administration services.
• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in UK, Australia and USA who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the UK and USA who require reporting of processing activities in certain circumstances.