This Privacy Policy is effective on September 06, 2010 for current users, and upon acceptance for new users.
Vivid Voice and its subsidiaries (the "Company", "we", "us" or "our") are dedicated to establishing trusting relationships with our users by respecting their personal identity and by promoting the use of fair information practices. This privacy policy ("Policy") covers the Vivid Voice Web Site, www.vividvoicetel.com ("Site"), and all Services offered now or in the future through the Site ("Services"). For purposes of this policy, "Vivid Voice account" ("Your account") is defined as the account through which you access the Services.
We do not share information obtained from users through our Site or Services with third parties except as otherwise specifically set forth in this Policy.
In this Policy we describe the following:
1. Information Collection
The Company collects information from its users at several different points on the Site and through the Services, both directly from the user (including through interactions with Customer Service) and through the use of cookies, log files and clear gifs.
a.
Registration
In order to use the Services, you must first complete the registration process. During registration you are required to provide contact information (such as name, phone number and email address), and to select a password or pin. We use this information to contact you about the Services and other services offered by the Company for which you have expressed interest or that you might be interested in. If you begin but fail to complete the registration process for Vivid Voice Services, we may contact you in an effort to help you sign up for Vivid Voice or another Company service.
b. Cookies
A cookie is a piece of data stored on the user's computer tied to information about the user. We may use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user's hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions.
Usage of a cookie is not linked to any personally identifiable information while on the Site except if you choose to store your user name and password so that you do not have to enter it each time you access your account. Then a persistent cookie will be stored on your computer which is linked to your account information.
Persistent cookies enable us to track and target the interests of our users to enhance their experience on the Site. See the "Profile" section below.
Some of our business partners (for example, advertisers) may use cookies on the Site or in emails or in our advertisements on other Web sites. The cookies are not linked to any personally identifiable information. This Policy covers the use of cookies by the Company and does not cover the use of cookies by any advertisers. Our advertisers have their own privacy policies which you should consult.
c. Log Files
Like most Web sites, our servers use log files to analyze trends, administer the Site, track users' movements in the aggregate and gather broad demographic information for aggregate use. These log files are not linked to personally identifiable information.
d. Clear Gifs
Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and we may use them to track the online movements of our users. Clear gifs are invisible on the page and are much smaller than cookies, about the size of the period at the end of this sentence. Clear gifs are not tied to users' personally identifiable information. We may also use clear gifs in our HTML-based emails to let us know which emails have been opened by the recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If users would like to opt-out of receiving these emails, please see the "Choice/Opt-out" section below.
e. Profile
We may store information that we collect through cookies, log files and clear gifs to create a profile of our users. A profile is stored information that we keep on individual users that details their viewing preferences and Services usage. Third parties may also furnish us with additional information about your preferences. Consequently, information may be tied to the user's personally identifiable information to improve the content of the Site for the user, and to direct pertinent product updates and marketing promotions to them if they have opted in to receive those promotions. We do not share personally identifiable elements of your profile with third parties, your profile would only be shared in aggregate form.
f. Children's Privacy
We do not knowingly collect personal information from children under the age of 13. If we learn that we have personal information of a child under the age of 13, we will delete that information from our systems.
2. Use of Personally Identifiable Information
a.
Legal, Security and Safety
The Company does not release personally identifying information about our customers or monitor, edit or disclose the contents of a user's private communications through the Services except where the Company in good faith believes that such action is necessary to: (1) comply with the law or where we have a good-faith belief that such disclosure is necessary to comply with a current judicial proceeding, a court order or legal process served on us; (2) investigate, prevent or take action regarding illegal activity; (3) protect and defend the rights or property of the Company; or (4) to protect the personal safety of our users or the public. For example, we may disclose personal information to law enforcement, other government officials or third parties in response to criminal or civil subpoenas. Sometimes, these subpoena requests come from our third party Internet, telecommunications and collocation providers all over the world who supply the network required for us to deliver our Services. In order to maintain the integrity of our network, we will cooperate with requests from these third party providers and/or requests from law enforcement or other governmental officials directed to these providers. In cases where the Company believes that disclosure of any information about a user (including account information) is necessary, we reserve the right to disclose all information in our possession about such user.
b. Provision of Services
Users should also be aware (and hereby agree) that certain technical processing of and access to fax, voice and email messages and their content may be required to: (a) provide the Services, including without limitation, routing and indexing the messages; (b) conform to connecting networks' technical requirements; (c) prevent or minimize disruptions to the Services; or (d) conform to other similar requirements.
c. Special Offers
We send all new customers a welcoming email to verify their information (name, address, phone number, plan type). Established users will occasionally receive other emails containing Company information about Company's other services and third party services that are likely to be of interest to our customers ("Promotional Emails"). Users may opt-out of receiving Promotional Emails. Please see the Choice and Opt-out sections. We might also contact you by other communication channels such as telephone or direct mail.
d. Product Updates, Newsletters, Service Announcements
We might also send you emails or newsletters which contain usage tips, product updates or updates to the Customer Agreement or this Policy. If necessary, we will also send you Service-related announcements. For instance, if a Service is temporarily suspended for maintenance, we may send users an email. Users cannot opt-out of these non-promotional communications unless they deactivate their account.
e. Customer Service
We communicate with users on a regular basis to provide requested Services and regarding issues relating to users' accounts. We reply via email, phone or other available method, in accordance with the user's wishes.
f. Abuse; Spam and Junk Faxes
The Company has a zero tolerance policy for abuse. While we cannot be responsible for external communications received through Company Services, it is our intention to use all legally available means to prevent use of the Services for any illegal purpose, including but not limited to distribution and receipt of unsolicited commercial faxes ("junk faxes"). We also specifically restrict users from taking any actions which impose an unreasonable or disproportionately large load on the Company's resources. We ask that any users who are annoyed by receipt of such junk faxes or otherwise impacted by illegal use of the Services to please report such activity to the Company's Customer Service at 877-507-1400 in the U.S. & Canada, outside of the U.S. & Canada at 647-722-8000.
g. Third Party Intermediaries; Supplementation of Information
In order for the Company to properly fulfill its obligations to users, it is necessary for us to use services of third parties and to supplement the information we receive with information from third party sources. The Company verifies the billing address on all credit card transactions and may obtain credit reports for some corporate customers. We use an outside credit card processing company to bill users for Services. In addition, we may use third parties to host certain portions of our Site and to fulfill certain requests for information from our users. These companies do not retain, share, store or use personally identifiable information for any secondary purposes and the information obtained from these third party sources is maintained in a manner consistent with this Privacy Policy.
3. User Choices Regarding Collection, Use and Distribution of Information.
a.
Business Transitions
In the event the Company goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users' personal information will, in most instances, be included as part of the assets transferred. If as a result of the business transition, the users' personally identifiable information will be used in a manner different from that stated at the time of collection they will be given a choice not to have their information used in this different manner, as described in the notification of changes section, below.
b. Choice/Opt-Out
Users are given the opportunity to opt-out of receiving Promotional Emails by clicking on the opt-out link that is provided at the bottom of each Promotional Email. In addition, some third party advertisers may provide advertisements about Company services on other Web sites.
c. Links
This Policy applies solely to information collected by the Company through the Site, the Services and Customer Service. The Company has advertising and affiliate relationships with dozens of third party sites which drive interested parties to our Site. Information that is collected on their Web sites does not fall within this Policy. The Company may also have co-brand relationships with some Web sites. A Web site is a co-brand of the Company if it offers Company technology or services to its users under a different brand. The Co-Branded Web sites will have their own privacy policies specific to each site, and the user should read them carefully before registration.
4. Security
The Company takes every reasonable precaution to protect its user's information. When users submit sensitive information via the Site or through interactions with Company personnel, their information is protected both online and off-line.
When our registration/order forms ask users to enter sensitive information, that information is protected with encryption software called SSL.
While we use SSL encryption to protect sensitive information online, we also employ security measures to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerks or a Customer Service representative) are granted access to personally identifiable information. Finally, the servers that store personally identifiable information are in a secure environment.
5. Cancelling Your Service
If a user wants to terminate their Service, they must call Customer Service.
6. Notification of Changes
If we decide to change our Policy in a non-material way, we will post those changes in this Policy, and other places we deem appropriate, so our users are always aware of what information we collect, how we use it and under what circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected.
If, however, we change our Policy in a material way, we will notify users via email. Users will have a choice as to whether or not we use their information in this different manner. However, if users have deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner.
7. Data Retention
The time period for which we keep information varies according to how we use the information. In some cases, there are legal requirements to keep data for a minimum period. Unless there is a specific legal requirement for us to keep the information, we will retain it for no longer than is necessary for the purposes for which the data was collected or for which it is to be further processed.