Phone Mobile – Privacy notice.
Last updated date: March 31, 2023
Talkdesk, Inc. (hereinafter, “Talkdesk”) is a US based company that acts on the CCaaS (Contact Center as a Service) space. To streamline and integrate Talkdesk customers’ communication channels and their people, Talkdesk has been expanding to a Unified communications as a service (UCaaS).
This Privacy Notice only applies to Talkdesk Phone APP, a business phone system natively built on a leading cloud contact center platform that allows customers users to collaborate internally or place outbound calls to anyone while working on-the-go. If you want to know more about Talkdesk privacy practices please visit www.talkdesk.com/terms-of-service/privacy-notice.
Talkdesk is committed to comply with relevant applicable privacy and data protection legislation and regulations, including contractual specific requirements, applying international best practices to protect personal information trusted by our customers or when processing personal data from natural persons as a controller. For this purpose, Talkdesk has implemented and regularly reviews policies, procedures, standards and guidelines to increase the security of personal data and ensure the rights of data subjects, directly or in its responsibility to customers and partners, are addressed according to the applicable laws and in a timely manner.
Talkdesk role and responsibilities.
When providing a business phone system, Talkdesk will make it available to customers who decide to which persons should be granted access. Each of Talkdesk customers, not Talkdesk, controls whether they provide you with a subscription to the Talkdesk Phone, and if they provide you with a subscription, they control what information about you that they submit to our service. Account phone numbers must be purchased by our customers to be available for assignment to Talkdesk Phone users. Talkdesk Phone APP is solely for business use and is not a consumer offering. Private consumers may not purchase or access the Talkdesk Phone APP.
Customer controls the purpose and means of the processing of personal data and is the controller of personal data and Talkdesk is the processor of such data, except when customer acts as a processor of personal data, in which case Talkdesk is a subprocessor and will process personal data based on controller instructions. For this reason, when you use Talkdesk Phone APP through the access provided by your company, that company’s privacy policy governs how it handles your data. Nevertheless, for the purposes of this Notice the following terms should be used as:
‘User’ – the natural person who downloads the Talkdesk Phone application and to whom access is granted by the Customer. Since this notice’s purpose is to provide information to the persons using the Talkdesk Phone APP, the term ‘you’ means the ‘user’.
‘Authorized Users’ – means customer’s employees and independent contractors working for or on behalf of customer in the ordinary course of customer’s business for whom access to the Talkdesk Phone APP have been purchased.
‘Customer’ – A “customer” is any business entity who purchases Talkdesk products or services. When a customer purchases retail products or services for use by others, those individuals also may be considered Customers for purposes of this Notice. The customer designates one or more people (called an “administrator”) to manage their account and can grant privileges to users on the account.
‘UC Admin’ – the natural person representing the customer to control and administer Talkdesk Phone APP accounts, including controlling privacy-related settings of the product or product account. Depending on their license with Talkdesk, the Admin can authorize additional users on their account, and the account owner can create and/or access the profile information for all users on their account.
‘Contact’ – the natural person who may receive an outbound call or execute an inbound call to a user using Talkdesk Phone APP.
To provide the service of the Talkdesk Phone APP to its customers, Talkdesk will act as a processor, acting on behalf of its customers with regards to the processing of personal data of users and contacts.
Talkdesk may act as a controller with respect to usage data collected from the users. This Notice also intends to accomplish the transparency principle and the obligation to provide information that Talkdesk is subject to.
What personal data will Talkdesk use about you?
To provide the service of the Talkdesk Phone APP to its customers, Talkdesk needs to process personal data from the users. The Talkdesk Phone APP requires some personal data to provide you with a service. When acting as a processor, Talkdesk provides a cloud service and acts on behalf of its customers.
Therefore, the information that is used by Talkdesk’s customers when using Talkdesk Phone APP is under customer’s responsibility as is the definition of the categories of data subjects.
Nevertheless, the information that is collected when you use the APP includes:
- Credentials: passwords, password hints, and similar security information used for authentication and account access.
- Contact and account information: phone numbers associated with the account – Direct Inward Dialing (DID) numbers.
- Interactions: data related to call history – contact phone number, phone number, date, time and duration of call (metadata) – voicemails and make and receive calls.
- Traffic data – data generated through your use of Talkdesk communications services.
- Personal Voicemails – configured by users and greetings.
- Call History – complete record of incoming and outgoing business phone calls, including the name of the caller and the time and date of the call
- Content data: personal data that may be included in the content of communications or as a result of the use of the product, as controlled by the admin.
- Product usage data: information about how users and their devices interact with their account and other usage information and feedback metrics.
- Account information: information about the users of Talkdesk Phone APP, which may include name, display name, email address, phone number and user ID, user extension
Why is your personal data processed?
Your personal information is processed to provide you with the possibility to use Talkdesk Phone APP as contracted by our customers.
Your personal data is used to provide services of Talkdesk Phone APP including the following purposes pursued by our customers:
- To create and manage user accounts;
- To provide the Talkdesk Phone services – the ability for users to make phone calls through the application and use reporting functionalities;
- To provide support services to customers or users;
- To issue bills to our customers.
In addition, Talkdesk may collect product usage data to conduct analytics in order to improve the user experience and Talkdesk Phone.
To whom may personal data be transferred?
When acting on behalf of our customers, Talkdesk may share your information with third-party providers authorized by our customers.
What is Talkdesk security posture?
Talkdesk has implemented an Information Security and Privacy Information Management Systems (ISMS and PIMS) and BCMS (Business Continuity Management System) as a framework for continuous improvement of security, privacy and business continuity. The ISMS, PIMS, and BCMS include policies, awareness on security and privacy, adequate processual and technical controls, audit logging, and third-party due diligence, among others.
Talkdesk performs regular re-assessments on third parties for security and privacy.
Personal information from children.
Talkdesk will never knowingly collect any personal information from children under the age of 13. If we obtain actual knowledge that we have collected personal information from a child under the age of 13, that information will be immediately removed from any access. Because we do not collect such information, we have no such information to use or to disclose to third parties. We have designed this notice in order to comply with the Children’s Online Privacy Protection Act (COPPA).
How long is personal information retained?
The criteria used to determine our retention periods include:
- Contracts with our customers:
- Talkdesk may retain your personal data for the necessary periods of issuing and maintaining billing to our customers;
- According to our customers retention schedules;
- For the duration of the contract with our customers;
- Legal obligations that apply to Talkdesk: prescriptions by applicable laws, including sector-specific requirements.
- Necessary to fulfill our legitimate business interests, based on consent, until data is fully anonymized.
Since customers are acting as controllers, they define the retention periods for the information they collect. Additionally, when a customer terminates its contract with Talkdesk, the information is removed according to the Master Subscription Agreement or earlier if requested.
Talkdesk may keep anonymized information for longer periods (that will not identify directly or indirectly any authorized user, contact, or customer) for analysis of how service is used and for the improvement of it.
Talkdesk may retain call history information in connection with the billing purposes related to our customers.
What are the data subject rights?
The data subjects of Talkdesk Phone APP are defined by our customers and will be any natural person authorized to access Talkdesk Phone APP , including Talkdesk customer’s employees or any natural person to whom our customers, or its own customers, grants access to. If you use Talkdesk Phone APP you should exercise some of your rights to the entity that has conceded you the access.
Data subject rights depends on the jurisdictions where they are located and typical data subjects rights include:
- Right of access: Right to obtain confirmation as to whether or not personal information concerning the data subject is being processed, and, where that is the case, access to that personal information.
- Right to rectification: Right to obtain rectification of inaccurate personal information concerning the data subject.
- Right to erasure or to be forgotten: Right to the erasure of personal information concerning the data subject.
- Right to restrict processing: Right to restrict the processing of the personal information to the extent permitted by law and in accordance with Talkdesk contractual and legal commitments.
- Right to data portability: Right to receive the personal information provided and concerning the data subject, in a structured, commonly used and machine-readable format.
- Right to object: Right to object to the processing of your data for reasons related to your own personal situation.
- Right not to be subject to automated decision-making: Right not to be subject to a decision based solely on automated processing.
- Right to withdraw consent: Right to remove consent for specific processing.
- Right to complaint: Right to send a complaint to the proper authority.
- Right to prevent your information from being sold: Right to state that you do not want your personal information to be sold to anyone.
- Right to non-discrimination: Right to not receive discriminatory treatment for the exercise of the data subject rights.
Talkdesk provides mechanisms to help customers to address users’ applicable privacy rights. Users must contact their employer to exercise their data subject rights.
When users choose to delete or uninstall Talkdesk Phone such action is not a right to be forgotten request and only data related to the application will be deleted.
Where Talkdesk collects information about you for its own purposes, you can exercise your right to withdraw your consent.
Where is information stored?
Personal data, when held physically, is stored in the same location as where it was produced.
Personal data, when held digitally is mainly stored in the US and any transfer of information from European Economic Area (EEA) and Switzerland to the US is made based on:
- Adequacy Decision: Countries designated by the European Commission as having an adequate level of protection for personal information.
- Standard Contractual Clauses: Talkdesk relies on the European Commission’s model contracts for the transfer of personal information to third countries (i.e. the standard contractual clauses) pursuant to Commission Implementing Decision (EU) 2021/914 of 4 June 2021.
International transfers.
Your personal information may be transferred to, and processed in, countries other than the country in which you are resident.
Specifically, information collected outside the United States, including in the European Economic Area (“EEA“) and the United Kingdom (“UK”), may be transferred to and stored on our servers in the United States, and potentially in other countries where our Takdesk has representation and third-party service providers. These countries may have data protection laws that are different to the laws in your country.
We have taken appropriate safeguards to ensure that your personal information will remain protected in accordance with this Notice and applicable laws.
Where personal information in the EEA or the UK is being transferred to a recipient located in a country that has not been recognized by the relevant authorities as having an adequate level of data protection, Talkdesk will transfer personal data in accordance with the Standard Contractual Clauses.
Privacy notice changes.
This notice may be updated from time to time to reflect changes in our practices, operational requirements and to be consistent with applicable privacy and data protections laws and regulations. Future changes made to this notice are published on our website. Any questions regarding this notice can be sent to [email protected].
How to contact us.
For questions or complaints regarding this privacy notice and the privacy practices of Talkdesk, you may contact us at [email protected] or at our mailing address below:
For customer in non EEA region:
Talkdesk Inc.
440 N Barranca Avenue #4375,
Covina, CA 91723 United States
For customer in EEA region:
Talkdesk Inc. Portugal Unipessoal Lda,
Rua Pedro Nunes, Edifício IPN D, 1º Piso, módulo 1.12
Santo António dos Olivais, Coimbra
3030-199 Coimbra. Portugal