Business Associates Agreement

Privacy Policy

Last Modified: March 19, 2018

Cytracom LLC (“Cytracom”) provides enterprise-grade VoIP business communications services (“Services”) through a network of third party resellers (“Resellers”) and operates online websites at http://www.cytracom.com and https://secure.cytracom.net (collectively, the “Sites”) to provide information about the Services and to identify purchasers of the Services (“Customers”) as well as potential purchasers of the Services and to introduce them to Resellers. Cytracom respects the privacy of others. This Privacy Policy (“Policy”) covers how Cytracom treats personal information that Cytracom receives, tracks or collects in connection with your visit, access, or use of one or both of the Sites (whether as a Customer, Reseller, visitor, or otherwise) (collectively, “you” or “your”).This Policy tells you, among other things, what information we gather from you through one or both of our Sites, how we may use or disclose that information, how to review or edit it, and our efforts to protect it.Please read this Policy carefully. By visiting, accessing, or using the Sites, you are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as the Sites’ Terms of Use. Customers and Resellers of Cytracom may be subject to additional contractual obligations regarding use of the Sites and/or the Services set forth in additional agreements. Among other things, you consent to the collection, tracking and use of your personal information as outlined in this Policy, as such Policy may be amended from time to time.Any capitalized terms not defined herein shall have the meaning provided in the Sites’ Terms of Use. You agree not to access the Sites from a jurisdiction which has data and personally identifiable information protection requirements that are greater than those provided herein.Notice of Information We Collect or Track.We may collect or track the following information:Name (first, last, and/or middle) and unique identifiers (e.g., username);Login information for the Sites (e.g., username, password, security questions and answers);Home or personal contact information (e.g., mailing address, e-mail address, telephone number, facsimile number);Business contact information (e.g., company, title, mailing address, e-mail address, telephone number, facsimile number, tax ID number);Information about your business communication needs or preferences;Gender;Date of birth;Electronic signature;Billing or payment information (e.g., payor or payee name, checking account number, credit card number, expiration date, verification code, accountholder name, cardholder name, billing address, mailing address, tax ID number);Computer, mobile device, and/or web browser information (e.g., IP address, mobile device ID information, operating system, browser type, referring/exist web pages, web page requests, cookie information, hardware attributes, software attributes);Third-party website, network, platform, server, and/or application information (e.g., Facebook, Twitter);Usage activity concerning your interactions with the Sites and/or third-party websites, networks, platforms, servers, or applications accessed through the Sites (e.g., number of clicks on a page or feature, amount of time spent on a page or feature, identity of third-party websites, networks, platforms, servers, applications being access through the Sites);Transactional information, including but not limited to offers, orders, pricing, payments, purchaser, seller, item information, comments, ratings, feedback and instant messages, and/or other communications made within the Site;Information set forth in the Sites’ online account registration, member profile, and/or member directory forms completed by you;Information about content you submit to or publish on or through the Sites;Personal correspondence, such as an email or letter, which may be collected into a file specific to you.Do Not Track Signals. WE DO NOT RESPOND TO “DO NOT TRACK” SIGNALS.Information Collected, Tracked or Analyzed by Third Parties. We may permit advertisers or other partners, including Resellers, to collect information from the Sites. We may also utilize third parties to analyze data collected from the Sites. We may permit third parties to collect personally identifiable information over time and across different websites.If you use your mobile device to visit, access, or use the Sites, then additional categories of personal and non-personal information collected from you through the Sites might include:Your name associated with your mobile device;Your telephone number associated with your mobile device;Your geolocation;Your mobile device ID information;With your express agreement, your mobile contacts and/or contact information (e.g., names, telephone numbers, physical addresses, e-mail addresses, photos); and/orWith your express agreement, information about third-party software applications on your mobile device (including, without limitation, general software apps, and online social media apps).Notice of How We Use Collected/Tracked Information.We use the information we collect or track about you to:Assess your website’s suitability;Operate, maintain, and provide to you the Sites, as well as the features and functionality of the Services and the Sites;Help you quickly find information and prevent you from having to enter information more than once;Improve the quality and design of the Services and the Sites;Provide customized content and services, including without limitation potential collaborations, advertising and promotional information, such as targeted ads;Diagnose problems with the Services and the Sites;Create new features, functionality, and services;Communicate with you;Provide customer support;Provide reports and other data to Resellers that may identify you and include data about you;Perform research and analysis on your use of the Services and the Sites;Manage your account;Protect the security and integrity of the Services and the Sites, as well as the property, rights and personal safety of Cytracom, our users or others; andEnforce the Terms of Use, this Policy and any other agreements you have entered into with Cytracom.Notice of Disclosure of Collected / Tracked Information.Information from the Services, including Consumer Data. We may provide information about you and your business, including aggregated consumer data, to our affiliates and other businesses or individuals, including our Resellers, and web developers. We may also share aggregated non-personally identifiable information publicly.
Legal Compliance. Cytracom will cooperate with law enforcement inquiries, other government agency inquiries and requests, and criminal or civil subpoenas. Cytracom will also disclose your personal information when necessary to comply with state and federal laws and regulations.
Sale or Other Transfer. As we develop our business, we may buy or sell some or all of our assets and, depending on the transaction, the data collected from you and other Resellers and Customers may be one of the transferred assets. Similarly, if Cytracom should ever merge with or be acquired by another company, we may share the data collected from you and others with any entity resulting from such transaction and if Cytracom should ever file for bankruptcy, the bankruptcy trustee has the right to sell the information you provide to us to a third party.
Disclaimer. We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Policy. By way of example (without limiting the foregoing), we may be required to disclose personal information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmission of private communications.
State Specific Disclosures.For California residents: Under California Civil Code Section 1798.83, if you are a California resident and Cytracom has an established business relationship with you, you may have the right to request information from Cytracom, free of charge, regarding the manner in which Cytracom shares certain categories of personal information with third parties (whether collected online or offline), for the third parties’ direct marketing purposes. California law provides that you have the right to submit a request to Cytracom at its designated address and receive the following information: 1) the categories of information Cytracom disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year; 2) the names and addresses of third parties that received such information; and 3) if the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of the products or services marketed, subject to certain exceptions. You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. For purposes of this paragraph:
“Cytracom” means Cytracom and the Sites, and“Third Party” means: a business that is outside the Cytracom family, and affiliates of Cytracom.You will notice that the “third parties” listed in this notice may include Cytracom affiliates. These affiliates are listed as “third parties” because, under Section 1798.83, any business that is a separate legal entity must be listed as a “third party.”
This same California law permits Cytracom to provide you, in response to your written request, with a cost-free means to choose not to have your information shared rather than providing the above described information.
Cytracom’s designated email address for such requests is legal@cytracom.com. You may also request this information by writing to: Cytracom LLC, 450 Century Parkway, Allen, TX 75013. Additionally, you may request that Cytracom not share your personal information with third parties for their direct marketing use by following the Choice/Opt Out procedures outlined below.
Changes to personal information.If your personal information changes, you may correct or update it by contacting us.Abuse of Terms of Use Agreement.You authorize us to disclose any information about you with our attorneys, law enforcement, or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, violation of obligations to us under our Terms of Use Agreement or any other agreement or policy, or other illegal or harassing activity.
Cookies and Other Tracking Technologies.We may use cookies, log files, clear gifs, web beacons, scripts and other tracking technology. We may use these technologies in a variety of ways, including but not limited to:
Collect device information from individuals who visit the Sites, which permit generation of device fingerprints and cross-device consumer profiles;Tracking contacts for Resellers;Facilitating referrals to Resellers;Remembering information so that you will not have to re-enter it during your visit or the next time you visit the Sites;Keeping count of return visits to the Sites;Accumulating and reporting statistical information on usage of the Sites;Determining which features users like best;Assessing the popularity and effectiveness of the Sites;Determining whether and when an email was opened; andImproving our Sites and Services and creating new services.You can refuse cookies by turning them off in your browser. However, if you turn off cookies, then you may not be able to utilize certain features of the Sites and Services. Turning off and/or deleting cookies does not affect other tracking technologies, such as device fingerprinting.
This Privacy Policy covers the use of cookies and other tracking technologies by these Sites only.
You agree Cytracom is not liable for the content or use of personal information by third parties, including, without limitation, Resellers , and including their use of cookies and other tracking technologies. Users and readers of Reseller websites and applications should consult the privacy policies and terms of use for those individual websites.
By agreeing to the terms of this Policy and by accessing and using the Sites, you consent to the cookies and other tracking technologies referenced above. In order for you to be a registered and active Customer or Reseller and to have access to the Cytracom portal, you must agree to accept cookies and other tracking technologies.
Links.The Sites may contain links to third party sites or third party applications, including advertisers. However, please be aware that Cytracom is not responsible for and cannot control the terms of use or privacy policies of such other sites. We encourage you to be aware when you leave the Sites, and to read the applicable agreements for each and every site or application. The Policy applies solely to the Sites. Cytracom is not responsible for and makes no representations or warranties regarding links, including without limitation, the content, accuracy, opinions, functionality, or services provided in such linked sites or applications. Inclusion of any linked site or application on the Sites does not imply approval or endorsement by Cytracom.
Third-Party Applications.Cytracom may, in its sole discretion, provide Customers or Resellers with access to third-party applications which interface with Cytracom applications, the Sites, or the Services. Such applications are not endorsed by Cytracom. Use of such applications is voluntary and subject to the election by the user, in its sole discretion, to use any third party applications. Use at your own risk. Cytracom makes no representations or warranties regarding your use of any third party applications or the privacy or security of data or information provided to third parties or their applications. You agree Cytracom has no liability whatsoever for the third party applications, including, without limitation, the third party use of personal information provided to third parties or through the applications, nor the use of cookies or other tracking technologies by third parties or applications. Users of third party applications should consult the privacy policies and terms of use for those individual applications.
Age Restrictions; Children’s Privacy.The Sites and the Services are not for use for anyone under the age of 13. By using the Sites, you verify that you are 13 or older and in compliance with this provision. Cytracom will not knowingly collect or use personal information from anyone under 13 years of age. If Cytracom obtains actual knowledge that it has obtained and saved personal information about a child under the age of 13, that personal information will be permanently deleted from our records.
Choice / Opt Out.Cookies. You may be able to delete and/or turn off cookies as your browser or device permits. Unless you block or control cookies going forward, deleting cookies will only address cookies on your device at that moment. If you disable cookies entirely, the Sites may not function properly. Please note that other tracking technologies, such as device fingerprinting, are not stopped or impacted by turning off or deleting cookies.
Flash Cookies. Some newer versions of browsers will let you control and/or delete Flash cookies. If you use a browser or device that does not let you delete Flash cookies, then try Adobe’s Website Storage Settings. Similar to regular cookies, deleting Flash cookies will only address the Flash cookies on your device at that moment. Please note that other tracking technologies, such as device fingerprinting, are not stopped or impacted by turning off or deleting Flash cookies.
Other Tracking Technologies. You may be able to turn off and/or delete some scripting functionality as your browser or device permits. If you disable scripting functionality, the Sites may not function properly. Please note that other tracking technologies, such as device fingerprinting, are not stopped or impacted by turning off some script functionality.
Opting Out from Interest-Based Ads: US residents may visitwww.aboutads.info
/choicesto opt out of interest-based advertising by companies participating in the DAA self-regulatory program and European Union residents may opt-out of interest-based advertising by companies participating in the EDAA atwww.youronlinechoices.com. Your browser must accept third-party cookies before opting out.
Opting Out for Application Data: To opt out of interest-based advertising on mobile apps, US residents may download the DAA’s AppChoices application from the Android or Apple app store.
Opting Out for Location Data: You may opt out of precise location data by using the location services controls in your mobile device’s settings.
Opting out of push / local notifications: We may send push or local notifications to your device to provide updates and relevant messages. You may be able to manage notifications from the Sites or through your device.
Effect of Opting Out: You will need to renew your opt-out choice if you use a different device, use a different browser, or erase cookies from your browser.
Unsubscribing from emails: You may opt out at any time by using the Opt-Out or Unsubscribe option at the bottom of most of our mass email communications, or by contacting us through the \"Contact Us\" section of the Services.
Account: You may also choose to delete your account at any time, subject to any additional contractual arrangements between You and Cytracom.
Security.To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before creating your account. The user who created the account is responsible for maintaining the secrecy of their unique password and account information at all times.
We use what we believe to be appropriate procedures to protect information against unauthorized access and disclosure. However, information you elect to post on our Sites, emails and other information you send to us are not encrypted and such transmissions cannot be considered a secure means of transmitting sensitive information.
You should be aware of the limitations of security, authentication, encryption, and privacy measures used in connection with the Internet and that any information you transmit through the Sites may be damaged, corrupted, “sniffed” and/or accessed by another person without your permission. Regardless of the precautions taken by you or by us, “perfect security” does not exist on the Internet. Third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the Sites. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private. We cannot ensure or warrant the ultimate security of any information you transmit.
File a Complaint.If for some reason you believe Cytracom has not adhered to the principles of this Policy, please notify us at legal@cytracom.com.
Changes to this Policy.Cytracom may modify this Policy or any other terms, such as the Terms of Use, at any time. You should review all applicable terms regularly. Cytracom will post notice of modifications at cytracom.com/legal. You may also visit cytracom.com/legal to review any revised terms of the modified Policy. All such changes will be binding on you 14 calendar days after they are initially posted at cytracom.com/legal, unless you are a new user, in which case they are binding on you immediately.
International Transfers.Your information may be transferred to, processed on and/or stored on computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the U.S., Cytracom transfers data, including personal information, to the U.S. Your consent to this Privacy Policy represents your agreement to the transfer, processing and storage of such data.
Contact Us.Any notices or communication sent to you by Cytracom will be sent to your email address on file with Cytracom, which may be updated by you in writing at any time. It is your responsibility for ensuring that Cytracom has your current email address at all times. Any notice sent to you via such email address by Cytracom shall be deemed given, received, and read by you, whether or not it actually is received and/or read.
Any notices or communications sent by you to Cytracom pursuant to this Policy must be in writing and sent to the address specified herein or such other address as Cytracom may specify in writing.
All notices will be sent to:
Cytracom LLC
450 Century Parkway, Suite 100
Allen, TX 75013
Email: legal@cytracom.com
Effective date: March 15, 2017