Effective as of September 12, 2013
THIS POLICY (“POLICY”) EXPLAINS THE PRIVACY PRACTICES FOR THE WEBSITE OPERATED BY VIZICALL, LLC, A DELAWARE LIMITED LIABILITY COMPANY (“VIZICALL”), ACCESSIBLE AT HTTP://WWW.YESTRAK.COM (THE “YESTRAK WEBSITE”) AND THE COMMUNICATIONS AND RELATED SERVICES OFFERED ON OR THROUGH THE YESTRAK WEBSITE (THE “SERVICES”), UNLESS A CONTRARY POLICY IS EXPRESSLY STATED BY VIZICALL TO APPLY.
THIS POLICY APPLIES TO ALL USERS OF THE SERVICE OR THE YESTRAK WEBSITE, WHETHER OR NOT YOU CLICK “I AGREE” THROUGH ANY REGISTRATION OR ACCESS PROCESS AT THE YESTRAK WEBSITE AND WHETHER OR NOT YOU ARE THE REGISTERED HOLDER OF YESTRAK ACCOUNT (A “MEMBER”) OR ANOTHER USER THEREOF. IF YOU DO NOT AGREE, PLEASE DO NOT ATTEMPT TO USE OR ACCESS THE SERVICES OR THE YESTRAK WEBSITE.
Questions and concerns regarding this Policy should be submitted via email to firstname.lastname@example.org
ViziCall respects your privacy. Any information you give us is held with care and security, and will only be used as described in this Policy or otherwise with your consent.
SUBSCRIPTION REGISTRATION AND MEMBERSHIP; INFORMATION COLLECTED. In order to access the Services, you may be required to first become a Member and complete one or several registration forms. During registration (and possibly thereafter) you may be asked to give your name, a contact telephone number used to identify you, a password, your postal address, email address, and other contact or identifying information. ViziCall may also ask for other information required to provide the Services, such as your business name, information pertaining to demographic characteristics such as your age, technology or communications services purchasing preferences, or how you found ViziCall. Information may also be collected by your presence on the YesTrak Website, even if you have not registered or subscribed to any Services.
Generally, this information falls into one of four categories: (1) “Personal Information,” such as your name and email address, which can be used to personally identify or contact you (or to confirm your identity in the case of user IDs and passwords), (2) “Billing Information,” such as your credit card information and billing address, which is a subset of Personal Information and which we may use to bill you for the Services, (3) “Usage Information” such as your IP address, Services plan choices, Services usage levels, calling history, your click patterns on the YesTrak Website, and other information indicative of your use of the Services or the YesTrak Website, and (4) “Anonymous Information” which can be aggregated across users and then used to determine the demographics, habits, preferences, or statistical characteristics of the YesTrak Website users or subscribers to the Services, but which cannot be used to identify you or your specific Services usage history. Anonymous Information may include portions of Personal Information and Usage Information which have been decoupled from any identifying information and aggregated with that of other Services or YesTrak Website users.
HOW INFORMATION IS USED. ViziCall will use your Personal Information as follows: (1) to regulate access to the Services and the YesTrak Website and its features (such as requiring passwords to access certain services); (2) to personalize and enhance your experience when visiting the YesTrak Website; (3) to promote to you ViziCall or ViziCall endorsed products or services (including contacting you by email); and (4) for other internal or administrative purposes consistent with our mission of providing our Members with the highest quality Services in a secure manner.
We will use your Billing and Usage Information to bill you for the Services and to provide you with technical and billing support. To the extent that Usage Information includes stored telephone number lists you generate or compile by using the Services, we do not provide such lists to third parties except as necessary to complete telephone calls you initiate by switching calls to our carriers (which typically includes providing both caller ID information and the target phone number). We will, however, validate the accuracy and format of individual telephone numbers and may also store and provide, for the benefit of all ViziCall clients, information pertaining to the success, failure, or other results of calling certain numbers (or similar information): for example, if a call generates a response that a line is no longer active, or if we detect that the line is used by a fax machine, we may store and utilize such information to advise clients when they attempt to initiate a call to the same number, but access to such information is on an anonymous basis from the standpoint of identifying users who have initiated calls to such numbers.
We will use Anonymous Information to optimize our marketing and product development efforts (such as keyword advertising purchases and search engine optimization), to determine the success of our marketing campaigns, to provide demographic information to sponsors, advertisers and partners, and other relevant commercial purposes. We may also provide Anonymous Information to our sponsors, advertisers and partners so that they may track the success of their advertising and promotional efforts, for example, to determine the demographic attributes and use preferences of visitors to pages in the YesTrak Website that feature their products or services.
ViziCall may use third party providers and subcontractors for the Services or any feature offered on the YesTrak Website. Services through these providers may necessarily include providing them with some or all of your Personal Information, Billing Information (for credit card processing, collections, and related matters), and your Usage Information (for subcontracted Services, but typically on an anonymous basis), but we will use diligent efforts to restrict use of this Information by these third parties to the purpose of providing the specific ViziCall feature, function or service for which the third party has been engaged. Additionally, ViziCall may share your Information with parents and affiliates under its control or common control, subject to the same restrictions described in this Policy.
In addition, ViziCall specifically reserves the right, to the maximum extent permitted by law, to use or disclose any Information (a) for the purposes of enforcing our user agreements, use policies and the like or (b) when requested by law enforcement agencies (whether or not under subpoena), if we reasonably suspect a violation of our user agreements or use policies or any applicable law.
HOW INFORMATION IS STORED; SECURITY. ViziCall has appropriate technical and organizational security measures in place to reasonably protect against the loss, misuse and alteration of user data under our control. For example, we use appropriate encryption for payment card transactions when we bill you for the Services, and we impose strict rules on ViziCall employees who have access either to the databases that store member information or to the servers that host our services. While we cannot guarantee that loss, misuse or alteration of data will not occur, we make diligent efforts to prevent such unfortunate occurrences.
We strongly recommend that you keep all of your user information, such as account IDs, passwords, and other sensitive information secret and not disclose such information to anyone else. We cannot be responsible for any use of this information should you disclose it to anyone else, or for the use or distribution of any of your information or data stored on the YesTrak Website or with the Services if it is obtained via use of your account ID or password.
HOW CAN I ACCESS MY YESTRAK WEBSITE INFORMATION? If you would like to become a registered Member of the YesTrak Website, or want to learn of the opportunities available via the YesTrak Website, please call us at (800) 620-5877. If you have a registered account with the YesTrak Website, you can review and maintain your account information at anytime, by logging into your account. Your account information is secure and is accessible by using the password you selected upon registration.
Similarly, ViziCall, its advertisers and partners may also use “web beacons” (small image files which are used to track presence on web pages and surfing patterns) in a similar fashion to cookies, except that web beacons do not store any personal information on your computer. We may also use web beacons or similar technology to track clicks from our newsletters and the like.
Finally, servers owned or controlled by ViziCall will log each website visitors’ IP address, browser type, referring and exiting URLs, and other statistical and technical information. Except for policy, agreement, and law enforcement purposes, ViziCall will treat this as Anonymous Information.
SURVEYS AND CONTESTS. From time-to-time, ViziCall may request information via surveys or contests. Participation in these surveys or contests is completely voluntary and you have a choice whether or not to disclose this information. In addition to any use of information described in this Policy, information collected during surveys and contests will be used for the purposes specified on the forms on which it is collected.
POSTED INFORMATION AND CONTENT; USE OF COMMUNITY FEATURES. To the extent you post any content on the YesTrak Website or participate in any forum, chat, message board, or any other interactive or community service or feature on the website, all of the information contained in your submission or communications will become published public information and ViziCall will not have any control over the use of such information by users and third parties with access to that information. ViziCall reserves the right to use all of such information at its discretion without restriction.
Additional privacy policies and other terms may apply to use of any community or interactive feature or service available through the YesTrak Website or otherwise provided by ViziCall. Please check the pages containing those features and services for more information.
OTHER EVENTS. Please note that all information collected or provided may be transferred or assigned by ViziCall.
LINKS. The YesTrak Website contains links to third party websites and advertisements leading to promotions of third party products and services. ViziCall is not responsible for the privacy practices of such other websites. We encourage our users to be aware when they leave our website and to read the privacy statements of each website that collects personally identifiable information. This Policy applies solely to information collected by the YesTrak Website and other websites operated or controlled by ViziCall, and not any third party website.
CHILDREN. The YesTrak Website and the Services are not intended for use by children or minors. We ask that children and minors not use the website or the Services without their parents’ guidance and only after their parents have fully reviewed the terms applicable to such use, including the contents of this Policy.
If you do not agree with any such changes, or if you no longer wish to be subject to this Policy, you may login to your YesTrak account and cancel your services by clicking the ‘Process Cancellation’ button contained in the Billing Section (see Terms and Conditions), and upon complete payment of any amounts due and owing under your account (or the account you use) for YesTrak Services, ViziCall will use diligent efforts to delete your Personal and Billing Information.
PRIORITY. The terms contained in this Policy are subordinate to any contrary terms contained in any express user or membership agreement between a user and ViziCall or to any express written agreement containing the signatures of authorized representatives of both parties.
LIABILITY. ViziCall’s liability from or arising out of this Policy or any breach thereof is subject to the general limits of liability stated in the YesTrak Terms and Conditions.