This Privacy Policy is effective July 1, 2021. 

Dagobah Systems Inc. DBA TelCloud and its affiliates, successors and assigns (collectively, “TelCloud,” “we,” “our” or “us”) understand the importance of your personal privacy. We created this Privacy Policy so you know what personal information we collect and how we may use and disclose your personal information in connection to your use of the www.Telcloud.com website (the “Site”) and any products or services offered through our Site (“Services”). This Privacy Policy does not pertain to any other websites or applications that you may be able to access from the Site, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy. By using this Site or our Services, you signify your agreement to be bound by this Privacy Policy.

IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY OR OUR MASTER SERVICES AGREEMENT (www.TelCloud.io/msa), YOU MAY NOT ACCESS OR OTHERWISE USE OUR SITE OR SERVICES.

Information Collected Through Our Site:
Personal Information Collected. In order for you to gain full access of our Site and Services, we may require you to provide us with certain information that personally identifies you (“Personal Information”). Personal Information includes without limitation your name, mailing address, country of residence, phone number, e-mail address, billing address, credit card information, IP address, routing or serial numbers of equipment used in connection with our Services, cellular data plan, account user name and passwords, and any other information that you provide us. Personal Information does not include information that is collected anonymously (i.e., Traffic Data (as defined below) and other information without identification of the individual user) or demographic or use information not connected to an identified individual.

Broadly speaking, we use Personal Information to further our legitimate interests to:

• Understand who our customers and potential customers are and their interests in our Services;
• Manage our relationship with you and other customers;
• Carry out core business operations such as accounting, filing taxes, and fulfilling regulatory obligations; and
• Help detect, prevent, or investigate security incidents, fraud and other abuse and/or misuse of our products and services.

Some examples of how we use your Personal Information include, without limitation to:

• Fulfill the reason(s) you provided the information (e.g., to process payments);
• Administer our Services;
• Respond to emails or online requests regarding our Services;
• Deliver and process surveys to enrich our Services;
• Personalize and improve the usability of our Site and provide IT support in connection to our Services;
• Develop, research, test, or analyze our Services for us to improve our Services or develop new offerings of products and services;
• Tailor content on our Site, correspondence, and our advertising and marketing materials;
• Share with third parties as required by law and to pursue legal matters;
• Properly administer our Site and conduct audits;
• Maintain our internal record keeping as required by law;
• Create, maintain, customize and secure your account with us;
• Ensure Site content is properly delivered to your electronic device; and
• Keep our Site secure and protect our Site from malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity.

Traffic Data Collected. We may automatically track and collect the following categories of information when you visit our Site: (1) visits and browsing activities made on the Site and its webpages; (2) domain servers; (3) types of computers accessing the Site; and (4) types of web browsers used to access the Site (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you. We may use it for marketing purposes, research and development purposes, to prevent and investigate fraud, abuse or security incidents, and to improve your experience on the Site and Services.

Cookies and Other Tracking Technologies. Cookies and web beacons are very small text files that are stored on your computer when you visit certain web pages. TelCloud collects user and use information through cookies and web beacons about your web browsing activities such as the address of the page you are visiting, the address of the referrer page you previously visited, the time you are viewing the page, your browsing environment, and your display settings. We may use cookies and web beacons to:

• Collect Traffic Data;
• Understand traffic patterns and the number of visitors to the Site and other non-TelCloud websites that we may partner with;
• Understand how you use and interact with the Site;
• Provide customer service management and IT support;
• Plan and improve Services;
• Optimize your experience on our Site or your use of our Services;
• Provide non-Personal Information auditing, researching, modeling, and reporting for our advertisers and other partners;
• Provide you relevant advertisements and content; and
• Properly manage our Site and Services provided in connection therewith.

We use several different types of cookies on our Site and Services, including without limitation:

• Strictly Necessary Cookies – Most websites, including ours, would not work very well without certain cookies. They allow us to prevent crashes, display information, fix bugs, and ensure the security of our website and application (and your account). These types of cookies are often called “strictly necessary” cookies. Because they are needed for our Service to work, we do not provide you with an ability to opt-out of these cookies. But you can remove them by using your browser settings. Keep in mind that certain features of our Service may not be available to you if you opt-out of these cookies.
• Functionality Cookies – We use these cookies so that we recognize you on our website and remember your previously selected preferences. For example, if you leave our website without logging out of your account, the next time you access our website (within a limited period) you may find yourself still logged on to your account to save you time from logging back on. Functional cookies are not essential to the functioning of the website, but rather improve navigation quality and experience.
• Statistics Cookies – Also known as “performance cookies,” these cookies collect information about how you use our Service, like which pages you visited and which links you clicked on. None of this information can be used to identify you. It is all aggregated and, therefore, anonymized. Their sole purpose is to improve the functionality of our Service. This may include without limitation, cookies from our third party analytics services.

Please note that some cookies may be placed by a third party service provider who performs some of these functions for us. Third party service providers use of their cookies is subject to their own privacy policies, and not this Privacy Policy.

If you are concerned about cookies, most browsers permit individuals to decline cookies. A user refusing cookies may limit your ability to take advantage of all the features of our Site and Services.

End Users’ Information and Data Collected.

Your end users’ Personal Information may show up on TelCloud’s platform in a few different ways, including without limitation (collectively, “End User Data”):

• Communications-related Personal Information, like your end users’ phone numbers for number-based communications, your end users’ email addresses for email communications, IP addresses for IP-based communications, device status (indicating whether a device is available for messaging), phone number, cellular data plan, or device tokens for push notifications, show up in our systems when you use or intend to use this information to contact your end user through use of our products and services.
• Service-related Personal Information, like your end users’ phone number, cellular data plan, call history or log of use of our VOIP services and other personal information provided by end users when using our Site and Services.

We may use End User Data (1) to provide Services to you as set forth in this Privacy Policy or other written policy or agreement between you and the Company, (2) to carry out necessary functions of our business as a data process and service provider, and (3) to comply with applicable law. We do not sell or share End User Data with third parties for those third parties’ own business interest. Some examples of our legitimate business interests in using End User Data include, without limitation, for billing, reconciling invoices with telecommunications carriers, and troubleshooting and detecting problems with our Services or network.

Sharing of Personal Information:
We may disclose information we collect with other third parties, including without limitation to:

• Service Providers – TelCloud may share information with third parties that help us to maintain and operate our Site and to provide our Services. Our service providers include without limitation our payment processors, internet service providers, data analytics providers, marketing and customer survey providers, and operating systems providers to provide back-end services related to our Services. These third parties may only use such information to perform specific Services that we have contracted with them for and may not use it for any other purpose.
• Affiliates – We may share information with our affiliates and partners, or to their employees, agents, contractors, representatives, legal counsel and/or accountants, for: operational, management and administrative purposes; internal audit, legal, regulatory, security, insurance, financial, processing and other similar purposes; or as otherwise permitted or required by law.
• Third Parties that You Direct Us to Share With – We share information at your request or direction. We may also share your information with those that you have consented or directed us to share your information with.
• Third Parties in Connection with a Merger, Acquisition or other Business Transaction – We may share information if TelCloud is involved in a merger, acquisition, sale of all or a portion of its assets, financings, joint ventures, reorganizations, dissolution, liquidations, or other event where we sell or transfer all or a portion of our assets. We will not provide you or your end users with notice before disclosure in such cases.
• Third Parties for Security and Compelling Disclosure Purposes – TelCloud must disclose information about you or your end users in response to lawful requests by public authorities, including but not limited to meeting national security or law enforcement requirements. We may share information about you or your end users in connection with legal requirements, such as in response to an authorized subpoena or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, or investigate fraud. Such disclosures may be carried out without notice to you or your end users.

User Choice Regarding Collection, Use, and Distribution of Personal Information:
We do not sell your Personal Information or End User Data for monetary consideration, but we may share such information to third parties as further described in this Privacy Policy. If you sign up for our mailing list, and would like to be removed from such list, please send us an email at [email protected]. You may also opt-out of our mailing list by following the opt-out instructions found in our communications. If you wish to update and/or correct certain Personal Information that we maintain about you, such as your contact information (e.g., name, address, phone number), you may do so by sending us an email or correcting such information by logging onto your account. We will process your request within a reasonable time once we are able to authenticate your request and verify your identity.

California Residents: Your California Rights:
Under California Civil Code section 1798.83, California resident have a right to request a list of all third parties to which we, during the immediately preceding calendar year, have disclosed certain Personal Information for direct marketing purposes. We do not share Personal Information about you with any third parties for their own marketing purposes. We are only required to respond to such a request once during any calendar year. To make such a request, you should contact us as listed below. Please be aware that not all information sharing is covered by the California privacy rights requirements and only information sharing that is covered will be included in our response.

TelCloud does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to web browser’s Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. You may set the DNT signal on your browser so that third parties (including advertisers) know you do not want to be tracked.

In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints regarding our Site with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Sacramento, California 95834, by telephone at (916) 445-1254 or (800) 952-5210, or by email to [email protected].

European Economic Area and United Kingdom (“EEA”) Residents: Your EEA Rights:
Data protection laws in the EEA require a “lawful basis” for processing “personal data” (as defined by GDPR). Please see the section entitled “Information Collected Through Our Site” for a description of our lawful basis for collecting, using, and disclosing personal data.

If you are in the EEA and certain requirements are fulfilled, you have the following data protection rights:

• Right to Access – You have the right to request copies of your personal data from TelCloud. We may charge you a small fee for this service.
• Right to Rectification – You have the right to request that TelCloud correct any information you believe is inaccurate. You also have the right to request TelCloud complete information you believe is incomplete.
• Right to Erasure – You have the right to request that TelCloud erase your personal data, under certain conditions.
• Right to Restrict Processing – You have the right to request that TelCloud restrict the processing of your personal data, under certain conditions.
• Right to Object to Processing – You have the right to object to TelCloud’s processing of your personal data, under certain conditions.
• Right to Data Portability – You have the right to request that TelCloud transfer the data that we have collected to another organization, or directly to you, under certain conditions.
• Right to Withdraw Consent – You also have the right to withdraw your consent at any time where TelCloud relied on your consent to process your personal data.

If you wish to exercise one of the above-mentioned rights, please contact us via the methods set forth below in the section entitled “Contact Us.” We will have one month to respond to you. Please note that we may ask you to verify your identity before responding to such requests.

You have the right to file a complaint regarding your personal data with a data protection authority, if you believe that the use or handling of your personal data does not comply with legal requirements. We would, however, appreciate the opportunity to address your concerns before you approach a data protection authority, and would welcome you directing an inquiry first to us by contacting us through our Contact Us page.

TelCloud as a Data Processor and Service Provider:
We offer our Services as part of a business relationship. Some of our Services require TelCloud to process End User Data that you or your end users have uploaded, stored and transferred on to our software and network. TelCloud does not control End User Data; rather it handles this type of data as a data processor or service provider only. TelCloud processes End User Data as governed by written agreements in place with you, its customers, this Privacy Policy and as we deem reasonably necessary to comply with applicable laws. As a result, you acknowledge that you are responsible for individual notification of purpose and for obtaining appropriate consent when End User Data is collected in connection to your use, or your end users’ use, of the Services. End User Data that is transferred to TelCloud by you or your end users to be processed shall be deemed to have been collected with appropriate notification. TelCloud assumes no responsibility for obtaining or validating that appropriate consent has been obtained and notices have been given with respect to End User Data.

You acknowledge that TelCloud relies on you and its customers to supply TelCloud with accurate, complete and up-to-date information. TelCloud makes reasonable efforts to maintain the integrity of the information and data collected as necessary to fulfill the stated purpose for which the information is used.

Third Party Advertisers and Links to Other Sites:
During your use of our Site and Services, you may link to, or view as part of a frame on our page, certain content that is created or hosted by a third party. Third parties, including our advertisers, affiliates and other content providers accessible through our Site, may have their own privacy and data collection policies and practices. We are not responsible for the actions, privacy, security or content of such third party sites and do not endorse such sites. If you are asked to provide information on one of these websites, we encourage you carefully to review their privacy policy before sharing your information.

Security and Storage:
We have taken reasonable precautions to maintain the security and accuracy of the Personal Information and End User Data we collect. We continue to work on features to keep your data and data of all end users safe.

However, despite our efforts, please be aware that no security measures are perfect or impenetrable and we cannot guarantee that the information you transmit or provide to us, or that your end users provides us or uploads to our software, will be completely secure. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data. You and end users are responsible for maintaining the security of any password, account ID or other form of authentication involved in obtaining access to our Services.

We will retain your Personal Information and End User Data for as long as needed to provide you with our Services or as needed to fulfill our own obligations, such as preventing fraud, meeting regulatory requirements, resolving disputes, improving our Services or maintaining security, and in each case, as consistent with applicable law. We may retain Traffic Data that has been sufficiently aggregated or anonymized for a longer period. When Personal Information or End User Data are no longer necessary or relevant for the stated purpose or to fulfill a legal or business requirement, it shall be securely destroyed. TelCloud will either physically or electronically erase the Personal Information or End User Data from its servers.

Modification to this Privacy Policy:
We reserve the right at our discretion to make changes to this Privacy Policy at any time, and all such changes shall be immediately effective. When we make changes, the “Effective Date” of this Privacy Policy will be revised. Your continued use of our Site and Services following the posting of changes to this Privacy Policy will mean you accept those changes. We encourage you to review the Privacy Policy each time you visit the Site. Without limiting the effectiveness of the foregoing, in the event of certain changes to this Privacy Policy, you may also be required to assent to the new terms, and you may also be notified by email if we have your email address. If any modification is unacceptable, you should stop using the Site and our Services.

Geographic Restrictions:
TelCloud owns and operates its data centers located in the United States and our customer support is provided by personnel located in our offices in the United States. We may limit the availability of our Site and Services to any person or geographic area at any time. If you access our Site from outside the United States, you do so at your own risk.

IF YOU ARE A USER ACCESSING OUR SITE AND SERVICES FROM ANY OTHER COUNTRY WITH LAWS OR REGULATIONS GOVERNING PERSONAL INFORMATION OR DATA COLLECTION, USE AND DISCLOSURE THAT DIFFER FROM THE LAWS OF THE UNITED STATES, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF OUR SITE, YOU ARE TRANSMITTING YOUR PERSONAL INFORMATION AND DATA TO THE UNITED STATES AND YOU CONSENT TO THAT TRANSMISSION. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL INFORMATION AND DATA MAY BE TRANSMITTED TO AND PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONAL INFORMATION AND DATA MAY BE LESS STRINGENT THAN IN YOUR COUNTRY.

Contact Us:
If you have any questions about this Privacy Policy or our Site in general, please contact us at [email protected].

Last updated: August 30, 2024