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Privacy Policy

Purpose of the Privacy Policy

We are committed to respecting and protecting your privacy rights, and we created this Privacy Policy to give you (the user) notice of how your private information will (and will not) be used by us in connection with our website (together with its subdomains, content and services) as well as through our on-demand support platform, tools and services offered on the website. In simplified form (greater detail is below), our policy can be summarized as follows:

  1. We may collect some information on you, but you control how much you share about yourself.
  2. We do not collect information from children under 13 years of age.
  3. We will not sell or rent your personal information in connection with the products or services you are seeking.
  4. If we use a third party to assist us, they will be bound to protect your information.
  5. We may aggregate information and use such information for our business purposes.
  6. In certain legal situations, we may be compelled to disclose your personal information, but we will let you know if that occurs.
  7. If you are outside the United States, you understand and agree that we may store your information in the United States.
  8. We self-certify compliance with the EU-U.S. Privacy Shield.

By participating or accessing this website in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy as well as in the Terms of Service, and you hereby consent that we may collect, use, and share your information in the following ways.

Talkdesk complies with the EU-U.S. Privacy Shield and the US-Swiss Safe Harbor Framework. Please see Sections 5 and 6 below for more information.

This Privacy Policy may be updated from time to time, but the changes will not apply retroactively. We will notify you of any material changes by posting the new Privacy Policy on the Site. You are advised to consult this policy regularly for any changes.

1. What Information Do We Collect and How Do We Collect It?

Information collected is often defined as being either anonymous or personally identifiable. Anonymous Information refers to information that cannot be tied back to a specific individual. For instance, we may know that thousands of people have visited this Privacy Policy, but we do not necessarily know their names, their address, or their date of birth. What we collect from visits such as this constitutes anonymous information. Personally Identifiable Information refers to information that tells us specifically who you are, such as your name and email address. At various times, you could be asked to provide Personally Identifiable Information such as your name and email address.

Anonymous Information

As is true of most apps and web sites, we gather certain information (such as mobile provider, operating system, etc.) automatically and store it in log files. We use this information, which does not identify individual users, to analyze trends, to administer the website, to track users movements around the website and to gather demographic information about our user base as a whole. We may link some of this automatically-collected data to certain Personally Identifiable Information.

Personally Identifiable Information

When you register with us via our website or through an App, we may ask you for some Personally Identifiable Information, such as your first and last name, email address, broad demographic information, and certain marketing preferences. You may review and update this Personally Identifiable Information in your profile by logging in and editing such information. We will not rent or sell your Personally Identifiable Information to third parties.

In addition, if you have an account with Salesforce, ZenDesk, Desk.com or other similar websites, your Social identity, may be associated with your data.



If you send a “Do Not Track” request through your web browser, we do not currently respond or take any action with respect to web browser “do not track” signals and will still collect and use your browsing data to improve security, to provide our website and to generate reporting statistics, and we will track other web sites that you may have visited. We may allow third parties, such as ad servers, to collect personally identifiable information about your online activities over time and across different websites when you use our website.


No Information Collected from Children.

We 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 policy in order to comply with the Children’s Online Privacy Protection Act (“COPPA”).

2. How Do We Use Individual Information?

General Use

We use personal information in connection with the website and may contact you regarding account activities, new versions and product offerings, or other communications relevant to the website. Your personal information may be used: to improve our website and our services to you; to improve our customer service; to personalize your user experience; to be transferred to our subsidiaries and affiliated companies for processing and storing such information; share information with third parties for marketing or other purposes; or to help us run a promotion, contest, survey or other website feature.

If you contact us by email or by filling-out a registration form, we may keep a record of your contact information and correspondence, and may use your email address, and any information that you provide to us in your message, to respond to you. In addition, we may use the personal information described above to send you information regarding the website. If you decide at any time that you no longer wish to receive such information or communications from us, email us at privacy@talkdesk.com and request to be removed from our list. The circumstances under which we may share such information with third parties are described in part (4) below.

Bank Information

We may, in certain instances, collect credit card or banking and related information when an individual orders a service. Talkdesk uses a third-party intermediary to manage credit card processing. This intermediary is not permitted to store, retain, or use your billing information except for the sole purpose of credit card processing on Talkdesk’s behalf. When the credit card or banking information is submitted to such information is encrypted and is protected with TLS encryption software. We will use the banking information for purposes of processing and completing the requested transaction payment, and the information will be disclosed to third parties only as necessary to complete the job.

3. How Do We Store Your Personal Information?

Storage of Individual Information

We operate or lease secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information. Notwithstanding such measures, we cannot guarantee that our security measures will prevent our computers from being illegally accessed, and the individual information on them stolen or altered.

Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

Third Party Hosting, Serving and Storage

WE MAY CONTRACT WITH A VARIETY OF THIRD PARTY SUPPLIERS, PROVIDERS, AND VENDORS FROM TIME TO TIME, TO PROVIDE FOR OUR HOSTING, AUTHENTICATION, SERVING, STORAGE AND TELECOMMUNICATION NEEDS, ETC., INCLUDING WITHOUT LIMITATION STORAGE OF OUR USERS PERSONALLY IDENTIFIABLE INFORMATION. WE SHALL NOT BE RESPONSIBLE NOR LIABLE FOR, AND HEREBY DISCLAIM, ALL RESPONSIBILITY AND LIABILITY FOR CULPABLE (INCLUDING WITHOUT LIMITATION NEGLIGENT) ACTS OR OMISSIONS BY OUR THIRD PARTY SUPPLIERS OR VENDORS, EXCEPT AS DESCRIBED IN SECTION 6 BELOW IN THE CASE OF POTENTIAL LIABILITY FOR ONWARD TRANSFERS OF DATA UNDER THE EU-U.S.
PRIVACY SHIELD.

4. Do We Disseminate Any Personal Information?

Service Providers

We may use third parties to help operate our website, authenticate users and deliver products and services, and may share limited Personally Identifiable Information with our service providers, vendors, suppliers, advertisers and other third parties that provide products or services for or through the website (such as website or database hosting companies, authentication providers, address list hosting companies, e-mail service providers, analytics companies, distribution companies and other similar service providers that use such information on our behalf).

Advertisers

When you visit the Site or use the Service, we use session “cookies” – a piece of information stored on your computer – to allow the Site or Service to uniquely identify your browser while you are logged in and to enable Talkdesk to process your online transactions. Session cookies also help us confirm your identity and are required in order to use the Service. Talkdesk uses persistent cookies that only Talkdesk can read and use, to identify you as a Talkdesk customer and make it easier for you to log in to the Service.
Users who disable their web browsers’ ability to accept cookies will be able to browse our Site, but will not be able to access or take advantage of the Service.

As you browse Talkdesk, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partners enable us to present you with retargeting advertising on other sites based on your previous interaction with Talkdesk. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number.

Advertisements appearing on our website may be delivered to users by advertising partners, who may set cookies, web beacons, clear gifs or similar technologies. Cookies allow an advertiser’s ad server to recognize your computer each time they send you an online advertisement to compile non-personally identifiable information about you and others who use your computer. This information allows ad networks, among other things, to deliver targeted advertisements that they believe might be of interest to you. This privacy policy does not cover our advertiser’s use of cookies. A web beacon is a programming code that can be used to display an image on a web page, but can also be used to transfer your unique user identification to a database and associate you with previously acquired information about an individual in a database. This allows a company to track certain web sites you visit. Web beacons are used to track online behavioral habits for marketing and other purposes such as to determine products or services you may be interested in. In addition to using web beacons on web pages, we may also use web beacons in email messages sent to individuals listed in our database.

Aggregate Statistics

We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, our website, our Apps and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.

Complying with Legal Process

We take reasonable steps to ensure the privacy of data uploaded. We reserve the right to use or disclose your Personally Identifiable Information and other information in response to subpoenas, court orders, warrants, or legal process, or to otherwise establish or exercise our legal rights or defend against legal claims or in the event you violate or breach an agreement with us. We may use and disclose your Personally Identifiable Information if we believe you will harm the property or rights of us or others.

Business Transitions

In the event we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets as well as in the event of a bankruptcy, assignment for benefit of creditors or receivership, your Personally Identifiable Information may be disclosed and will likely be among the assets transferred. You may be notified thereafter via prominent notice on our website for 30 days of any such change in ownership or control of your personal information. We further reserve the right to disclose or transfer your personal information to companies who are affiliated, have invested or are considering an investment or business arrangement with us in our sole discretion.

Opt Out

You may choose not to receive future promotional, advertising or activity-related emails from us by selecting an Unsubscribe link at the bottom of emails/notifications that you receive from us. Our unsubscribe process impacts only the future delivery of electronic mailings disseminated by us. Of course, you may still receive certain administrative emails from us as it relates to changes in our Terms of Service, Privacy Policy or your account.

Accuracy

We offer individuals the right to access and ability to correct or delete, if necessary, their personal information which we collect and process. If you have any questions or complaints, or wish to exercise your rights, please contact us at: privacy@talkdesk.com.

To the extent that you provide us with Personally Identifiable Information, our goal is to maintain accurate information, so if you wish to delete or correct any inaccuracy in your Personally Identifiable Information, you may submit a request by email to support@talkdesk.com. Please include adequate details for your request.

The use of technology on the Internet, including cookies and web beacons, is rapidly developing. As a result, we strongly encourage individuals to revisit this policy for any updates regarding its use of new technology.

Telemarketing

We may use Personally Identifiable Information to advertise, directly or indirectly, to individuals using direct mail marketing or telemarketing using telephones and cell phones. You may have your telephone number or cell phone number listed on a state or federal do not call registry. By registering and using this Service, you are waiving your rights and privileges under these laws and expressly giving permission of Company and any agent of Company the right to contact you by telephone or cell phone, and you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”). Further, if you are residing outside the United States, by registering and using this Service, you acknowledge that the processing of your individual information may involve the transfer of such Individual information from within or outside the European Economic Area (“EEA”) to countries within or outside the EEA whose data protection regulation may not be as stringent as that within the European Union. We may use individual information to provide the services you’ve requested, including services that display customized content and advertising.

Wireless Addresses. If the e-mail address you provide to us is a wireless e-mail or text address or if you provide a phone number for text messaging, you agree to receive messages at such address from us or our business associates (unless and until you have elected not to receive such messages by following the instructions in the unsubscribe portion of this policy). You understand that your wireless carrier’s standard rates apply to these messages. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.

Short Message Service. We may make available a service through which you can receive messages on your wireless device via short message service (“SMS Service”). Data obtained from you in connection with this SMS service may include your name, address, cell phone number, your provider’s name, and the date, time, and content of your messages. You represent that you are 18 years of age and the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges. In addition to any fee of which you are notified, your provider’s standard messaging rates apply to our confirmation and all subsequent SMS correspondence.
All charges are billed by and payable to your mobile service provider. We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis. We may also obtain the date, time and content of your messages in the course of your use of the SMS Service. We will use the information we obtain in connection with our SMS Service in accordance with this Privacy Policy. If fees are charged to your wireless account invoice, we may provide your carrier with your applicable information in connection therewith. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies.

Marketing

We will use your Personally Identifiable Information for any marketing and survey purpose on our behalf and our affiliates, parent and subsidiaries to send information to you about additional goods or services that may be of interest to you. In addition, we may disclose your Personally Identifiable Information to third party agents and independent contractors to help us conduct our marketing and survey efforts and to share with other companies in connection with marketing efforts including but not limited to direct marketing. You may have no relationship with these other companies.

Co-sponsored Offerings

We may provide an offering which is co-sponsored by another company. In those situations, the Personally Identifiable Information we obtain from you in connection with such offering may be shared with our co-sponsor. In those situations, our co-sponsors will have the right to use your Personally Identifiable Information for their own purposes, in accordance with their own policies. If you do not wish for the information we obtain from you to be shared with our co-sponsor, then do not enter such contest, sweepstake or other offering or otherwise provide to us any Personally Identifiable Information in connection with such contest, sweepstake or other offering. We are not responsible for how our co-sponsors may use your information.

Data Summary

We may sell or transfer non-individualized information, such as summary or aggregated anonymous information, about all persons or sub-groups of persons.

5. Do You Comply with The EU-US Privacy Shield?

We comply with the EU-U.S. Privacy Shield and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. We have certified that we adhere to the Privacy Shield Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov. To learn more about the US-Swiss Safe Harbor Framework, and to view our certification, please visit http://safeharbor.export.gov/list.aspx.

6. Do You Have an Independent Recourse Mechanism?

In compliance with the EU-U.S. Privacy Shield and US-Swiss Safe Harbor Principles, we are committed to resolving complaints about your privacy and our collection or use of your personal information. European Union or Swiss citizens with inquiries or complaints regarding this privacy policy should first contact us at: privacy@talkdesk.com.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

As a last resort, privacy complaints that remain unresolved after pursuing these and other channels may be subject to binding arbitration before the Privacy Shield Panel to be created jointly by the US Department of Commerce and the European Commission. The Federal Trade Commission has jurisdiction over Talkdesk’s compliance with this policy and the EU-US Privacy Shield Framework. In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-US Privacy Shield, Talkdesk is potentially liable.

7. California User Consumer Rights

In accordance with California Civil Code Section 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov. For more information about protecting your privacy, you may wish to visit: http://www.ftc.gov.

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by us to third parties for the third parties’ direct marketing purposes. With respect to us, this privacy policy applies only to their activities within the State of California. To make such a request or if you have questions about this privacy policy, please send an email to privacy@talkdesk.com.

8. If I have Questions Concerning This Privacy Policy?

If you have any questions or concerns about this Privacy Policy, please contact us at privacy@talkdesk.com.

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