1. BackgroundAs described in the terms and conditions, Service consists of Freespee providing a Freespee Call Extension that can be connected to Response Number, to capture Call Data about incoming calls via the Freespee Call Extension. The Response Number can belong to the Customer directly or to one of its own customers or users, such as vendors on a marketplace operated by the Customer or resellers of the Customer’s products (such third parties are collectively referred to as “Users”).
4. To whom we disclose informationExcept as described in this policy, we will not intentionally disclose the personal data that we collect or store to third parties without the consent of the applicable Customer, User or Visitor. We may disclose information as set out below: Customers Statistics about Visitors. Users Statistics, but also connected to the Visitor’s IP-address, phone number and sometimes voice recording which means that the Statistics will be possible to refer to a specific individual whereby all the information becomes personal data. Service Providers Freespee works with third party service providers who provide hosting, maintenance, and other services to us. These third parties may have access to, or process personal data as part of providing those services to us. We limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and our contracts with them require them to maintain the confidentiality of such information and to only process it as instructed by us. Law enforcement and legal process We may disclose personal data or other information if required to do so by law or in the good-faith belief that such action is necessary to comply with applicable laws or regulations. We also reserve the right to disclose personal data and other information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights, enforce our contracts, or protect the rights, property or safety of others.
5. Your choicesIf a Visitor declines to share certain personal data, e.g. by blocking cookies in its web browser, Freespee may not be able to provide some of the features and functionality of the Service. Access, correction, deletion An individual who wants to access, amend or delete any personal data that Freespee holds about them, or to withdraw a consent for further processing, may contact us as set forth in the “Contact Us” section. Freespee has no direct relationship with the User, Visitor or other third parties whose personal data it may process on behalf of a Customer or User. Such individuals should direct its query to the Customer or User they deal with directly. If the Customer requests Freespee to remove the data, we will respond to its request within 30 days. We will delete, amend or block access to any personal that we are storing only if we receive a written request to do so from the Controller of such data (as defined in section 9), unless we have a legal right to retain such personal data. Any such request should be addressed as indicated in the “How to Contact Us” section, and include sufficient information for Freespee to identify the Customer, User or Visitor and the information to delete or amend. Freespee reserves the right to retain a copy of such data to defend our rights in litigation. Opting out from commercial communications If you receive commercial emails from us, you may unsubscribe at any time by following the instructions contained within the email or by sending an email to the address provided in the “How to Contact Us” section.
6. Third-party servicesThe Service may contain features, add-ons or links to web sites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.
7. CookiesA cookie is a small file sent from a website to your device – for example a computer, smartphone or tablet. Cookies are automatically saved on your device and can be used for different reasons. Some cookies are for example used for gathering information about you and some are used to enhance the performance of the Service or site. The following cookies are used in Service and/or the site:
|Purpose||Configures whether a Visitor should be tracked over multiple sessions or not||Saves a session ID used in requests to Freespee to identify the Visitor’s Freespee session||Saves a tracking ID used in requests to Freespee to connect a Visitor to multiple sessions|
|Technology||Ordinary cookie||Ordinary cookie||Ordinary cookie|
|Saved on device||365 days||30 days||365 days|
8. Data securityWe follow GDPR and generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. We maintain appropriate administrative, technical and physical safeguards to protect personal data against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the personal data in our possession. This includes, for example, firewalls, password protection and other access and authentication controls. We use SSL technology to encrypt data during transmission through public internet, and we also employ application-layer security features to further protect personal data. If we learn of a security systems breach, we will inform you of the occurrence of the breach in accordance with applicable law.
9. Data controller and data processorThe Customer shall always make clear to its Visitors and Users that Freespee is the provider of the Service and that Freespee will process personal data in accordance with this policy. The responsibilities in relation to personal data are set out in EU Directive 95/46/EC and General Data Protection Regulation (GDPR) (EU) 2016/679 (the “Regulation”). If the Regulation is not applicable in the Territory or parts thereof, then the Customer must inform Freespee and their respective responsibilities in relation to data processing must be set out in a separate appendix to the Agreement. The responsibilities for processing of personal data will, as between the parties, be as set out below regardless of responsibility towards data subjects and authorities in deviating local legislation. Under the Regulation, the entity that determines the purposes and the means of the processing of personal data is considered the Controller of personal data and is primarily responsible for complying with the Regulation. A party that processes personal data on behalf of the Controller is considered the Processor or Processing Agent. Freespee is a Processor. The implementation of the Service will determine whether the Customer is considered the controller, and Freespee its processor, or whether the User is the controller and both the Customer and Freespee its processors. This shall be clarified by the Customer in each User Agreement. The Customer as controller The Customer will be the controller in cases where it has decided on its own to implement the Service and also determines how the Services will be used and what data will be made available to a User, if any. This could be the case if the Customer owns the Response Numbers and there are no Users, or if the Customer has decided to track how many calls are made from its website to its listed resellers, who are then the owners of the Response Numbers and thereby the Users. The User as controller A User will be the controller in cases where it is up to the User to make an active choice to implement the Service to track Visitors, and where the User can determine what data to collect and access it freely. This could be the case if the Customer operates an online marketplace where the advertisers can decide that they want to use the Service in relation to their add to track Visitors that are potential buyers. Freespee as processor Freespee will be the Processor of personal data on either the Customer’s or the User’s behalf. Freespee will (i) keep the personal data collected by the Service confidential and only process such data for the purpose of the Service, (ii) implement appropriate technical and organizational measures needed to protect personal data from unauthorized access, destruction or distortion, and (iii) in all other aspects act in accordance with the Regulation as locally implemented.
10. Data retentionFreespee shall be entitled to keep all collected data for billing purposes or other purposes permitted by applicable law, during the term set forth in said applicable laws. Freespee is pursuant to Directive 2006/24/EC of the European Parliament and of the Council obliged to retain certain data that arises in telephone traffic communications for six months to be used by law enforcement authorities. Such data relates to who communicated with whom, when it occurred, the identity of the communicating persons and what type of communication used (eg SMS or telephone). With the exception of above, Freespee deletes all traffic data when it is no longer needed to transfer an electronic message. Freespee may however in certain situations continue to process such data after making it anonymous (by removing all information that can link the data to an individual) in order to improve the Service.
11. Cross border data transferFreespee processes and stores personal data that has collected through the Service in centralized databases located in the European Union. If a Customer or User is located outside the European Union Freespee may also transfer the data to such location. It is up to the controller of the personal data, as defined in section 9, to obtain explicit consent from all Visitors and other data subjects to such cross border transfers.