Effective Date: March 29, 2021
Please read on to learn the rules that govern your use of our websites, applications, and network, which include our server software, web-based, desktop and mobile applications, and our telephony/communication servers (the “Services”). If you order services using a document provided by one of our agents (a “Service Agreement”), and not using a registration form in any of our applications or our website, you will also be governed by the terms in that agreement. If there is a conflict between any of the parts of the separate Service Agreement and the parts of this Agreement, the conflicting parts of the this Agreement will have priority over the the conflicting parts in the separate Service Agreement. However, all remaining non-conflicting parts of each agreement will continue separately.
Upon signing up for the Services and at subsequent times as requested by TeleTracker, you agree to provide TeleTracker with your true, accurate, current, and complete personal name and/or business name, administrator name, billing address, shipping address, email address, contact phone number, credit card or bank information, and other data which may be necessary to administer your TeleTracker account (“Account”) (collectively, “Billing Information”). You represent and warrant that the information you provide is accurate, current, and complete, and agree to promptly update any of the information if it changes. If you provide Billing Information that is, or that TeleTracker suspects to be, false, inaccurate, not current, incomplete, fraudulent, or otherwise unlawful, TeleTracker has the right, in its sole discretion, to suspend or terminate the Services and refuse any and all current or future use of all Services by you, your business(es), affiliates and all users of your Account. At all times, you shall maintain and promptly update Billing Information. Upon completion of all Billing Information and acceptance of this Agreement, TeleTracker will provide you with, as applicable, a password(s), user ID(s), telephone number(s), and other account information. You are solely liable for any transactions or activities by you or anyone else that occur on Your Account. You shall immediately notify TeleTracker of any unauthorized use of your Account or if any other breach of security has occurred. In no event shall TeleTracker be liable for any unauthorized use of your Account.
You represent and warrant that you possess the legal right, capacity, and ability to enter into this Agreement. You represent and warrant that you have made and will maintain at all times wireless or traditional wireline telephone service that will enable you to call 911 and any other applicable emergency service number. You represent and warrant that you will not use the Services in environments requiring fail-safe performance or in which the failure of the Services could lead directly to death, personal injury, or severe physical or environmental damage. You represent and warrant that the Billing Information, user name, contact information, and all other information provided in connection with your Account are true and correct at all times. You represent and warrant that you will not use the Services in violation of these terms or any terms incorporated herein. You agree to be financially responsible for your use of the Services, including the authorized or unauthorized use of your Account. In order to use the Services, you must have properly configured and working Internet service and/or Public Switched Telephone Network (“PSTN”) service (i.e., mobile and/or landline phone service) and hereby agree, at your sole expense: to (1) obtain access to your own Internet and/or PSTN service with a third party provider other than TeleTracker; (2) be responsible for payment of Internet and/or PSTN connection or service fees and all equipment necessary to establish a connection to such Internet and/or PSTN service, as may be required to use the Services; (3) supply and pay third-party providers for all additional phone service and features required for your use of the Services; and (4) pay TeleTracker for the Services.
Changes to this Agreement
TeleTracker may, from time to time, add, remove or modify parts of this Agreement at its sole discretion. We will attempt to notify you when we make changes to this Agreement, but we are not required to do so. Please make sure to periodically review this Agreement and other policies. If you do not agree with any of the new Terms in the Agreement, or reject any of the new Terms, you will not be permitted to use the Services. Your use of the Services in any way after a change to the Terms is effective and serves as your acceptance of any such changes.
Billing and Payments
“Pre-Paid Services” are Services where advance payment is required by you in exchange for their use for a fixed amount of time. This fixed amount of time has a start date and an end date, and constitutes a “Billing Period”. Unless otherwise noted, Services by default are considered Pre-Paid Services. Other Services must be calculated after the end of a Billing Period and will appear on your next invoice (“Post-Paid Services”). Post Paid Services represent billing items that have already occurred, such as extra minutes used, overage charges, etc. within a previous Billing Period. “One Off Services” are intangible (not equipment), single billable items that may appear on an invoice, but do not have any associated Billing Period. One Off Services examples are, but not limited to, custom voice recordings, vanity phone numbers purchases, consulting, and custom programming. TeleTracker may also sell various equipment to you, upon your request, and invoice you for these items.
TeleTracker will send invoices to you for all Services via electronic mail/email. You are required to keep an up-to-date email address on file with us so that we may continually invoice you for our Services. We will invoice you for Pre-Paid Services on the start date of your Billing Period. We will continue to invoice you on the subsequent start date of the next Billing Period in perpetuity, until you terminate your Services with us, or if have a specific agreement with a term limit. The invoice will contain the required payment terms. You will pay all fees, including any applicable taxes if required, associated with the Services and with any terms on the invoice.
You must provide us with a valid payment method, such as a valid credit card and associated name and address details, so that we can collect payments from you. When paying for Services by a credit card, we will charge your card for Pre-Paid services on the start day of each Billing Period. In addition, We will also charge your credit card for any Post-Paid Services from previous Billing Periods on this same start day. If paying by check, bank transfer, or some other method other than a credit card, you must remit payment promptly according to the terms on the invoice.
Generally, the start date of a Billing Period will be equal to the day of the month that you signed up for your Account. Some exceptions are required, such as days of the month after the 28th day, for example. We may move your anniversary date back to the 28th at our discretion. Also, we may provide a trial period where we move your Billing Period start date into the future for some amount of time. During this trial period, you will be allowed to use some or all of our Services without payment.
Adding and Removing Services
Your Account has only one Billing Period. You may have one or more Pre-Paid Services associated with this Billing Period. If you add a Service, we will either pro-rate the service cost for the remainder of the current Billing Period, or give you the service for free for the remainder of the current Billing Period. If you remove a Pre-Paid Service, you will be able to use that Service until the end of your current Billing Period, whereby the Service will be discontinued. You will no longer be able to use the Pre-Paid Service, and you will no longer be billed for the Pre-Paid Service.
You cannot remove Post-Paid Services. You also cannot remove One-Off Services, or purchases of equipment. However, if you think a Post-Paid, One-Off, or equipment billing charge is incorrect, please contact us.
Termination of your Account
If you decide to stop using the Services, you may contact us at email@example.com. You must initiate a communication at least three (3) business days before the end of your current Billing Period in order to allow our billing team enough time to cancel your service and not continue to invoice you. Our billing team will respond with a confirmation of your cancellation. You will not be charged for any additional Pre-Paid Services, but you must pay all remaining balances of Post-Paid Services or any equipment or physical goods sold to you that have a remaining balance. Failure to do so may result in collection efforts or possible legal action against you.
Voice Recording Service
The TeleTracker voice recording service (“VRS”) is provided to allow customers to record voice calls. By using VRS, you represent that: (1) you have reviewed the legality of recording, monitoring, logging, storing and divulging of voice calls; (2) You are permitted to engage in these activities; (3) You have reviewed the proposed usage of VRS with you legal counsel, and you have established proper procedures to comply with all applicable laws. You will not use the VRS to intimidate, harass, or otherwise violate the privacy or other rights of any person. You, not TeleTracker, will be responsible for compliance with all laws relating to recording, monitoring, logging, storing, or divulging calls.
You will (a) provide all required appropriate warnings, restrictions, limitations, rules, information and disclosure, (b) comply with all applicable laws, and (c) take all other required and appropriate actions in connection with the recording, monitoring, logging, storing, or divulging telephone calls and other use of VRS. Specifically, you are responsible for properly notifying and securing all required consent from all callers (“Callers”) and all individuals that answer the calls on your behalf (“Call Receivers”).
To the fullest extent allowed by applicable law, You agree to indemnify and hold TeleTracker, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms (including any terms or policies incorporated by reference herein). In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Relationship of the Parties. TeleTracker and you are independent contractors. This Agreement does not create a joint venture, partnership, employee, agency, franchise, or representative relationship between or among you and TeleTracker.
Survival. Provisions that, by their nature, should survive termination of these Terms shall survive termination or expiration of this Agreement for the maximum term allowable by law.
Force Majeure. TeleTracker shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, fiber cuts, actions or inactions of third party providers or suppliers, riots, sabotage, war, government requirements, or other events that are beyond TeleTracker’s reasonable control.
Effective Date: March 31, 2021
TeleTracker. Annette Communications, LLC. Also referred to us as “us”, “our”, or “we”.
User. Any user who uses any part of our network, servers or Applications. The term User includes a Customer as defined in our Terms of Service agreement, or any user on Customer’s account, employee, consultant, client, contractor, agent or affiliate of Customer, or any person whatsoever, natural or otherwise. Also referred to as “you”.
API. Application Programming Interface. This is a specific kind of software designed to be used by third parties to pragmatically access and use our Services with other third party software.
SIP Server. A server that an Application, or third party User software connects to for communication services.
Application. A TeleTracker-provided software that runs on User’s devices for the purposes of providing the Services to the User.
Services. TeleTracker’s Applications, servers, network, and any related software that are provided for use the use of Users.
This Acceptable Use Policy (“AUP”) is a binding contract between you and TeleTracker. You must agree and accept all of the AUP, or you do not have the right to use the Services. Your use of the Services in any way means you agree to the AUP in its entirety, and this AUP will remain in effect as long as you use the Services. Your use of the Services and our website constitutes your agreement in its entirety with this AUP.
Any user using any device, system, network, or account used in connection with the Services or our network, or using any of our APIs, or using any of our SIP Servers, or using any of our Applications, or using third party software to connect to our servers or network, in any combination of the aforementioned, may not be used to:
Illegal activity.Violate any applicable law, including United States federal, state or local laws, regulations, ordinances, or any law of any foreign jurisdiction, including applicable laws regarding the recording of communications.
Infringing of rights. Infringe, misappropriate, or otherwise violate our or anyone’s rights, including intellectual property, privacy, personality, publicity, or otherwise.
Minors. Exploit or harm minors, including exposure to inappropriate content, or asking minors for personally identifiable information without consent of their parents or guardians.
Hacking. Interfere with, inhibit, compromise or otherwise harm any of TeleTracker’s networks, servers, equipment, or otherwise cause harm to the Services, or other businesses, or people in general. This includes hacking, cracking, transmittal of spyware, malware, viruses, trojans, or other programs or code that are harmful or dangerous.
Objectionable activity. Act in an indecent, offensive, threatening, harassing, defamatory, libelous, fraudulent, malicious, disruptive, or other objectionable manner.
Misleading spoofing. Create a false caller ID identity, forge addresses or headers, or otherwise mislead others about a sender’s identity or origin, especially for malicious intent.
Spam. Send text messages to recipients without prior consent or whom have opted out, especially messages that violate the Telecommunications Consumer Protections Act, or make unsolicited bulk communications (“robocalls”).
Packet sniffing. Intercept, capture or sniff, modify, decrypt or otherwise redirect any communication or data for any purpose other than how it was originally intended.
High Risk Use Prohibited
The Services are not designed for use in scenarios requiring fail-safe performance or in which the failure of the Services could lead to death, personal injury, or cause physical damage to property or the environment. Users will not use the Services for this purpose.
Changes to this AUP
TeleTracker may, from time to time, add, remove or modify parts of this AUP at its sole discretion. We will attempt to notify you when we make changes to this AUP, but we are not required to do so. Please make sure to periodically review this AUP and other policies. If you do not agree with any parts in the AUP, or reject any of the new parts, you will not be permitted to use the Services. Your use of the Services in any way after a change to the AUP is effective and serves as your acceptance of any such changes.
TeleTracker grants to the User, a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to use any software provided or made available by us to you as part of the Services (“Software”) to the extent reasonably required to use the Services as permitted by this AUP, only for the duration that you are entitled to use the Services.
User will not:
- Sublicense, resell, distribute or assign its right under the license granted under this AUP to any other person or entity;
- modify, adapt or create derivative works of the Software or any associated documentation;
- reverse engineer, decompile, decrypt, disassemble or otherwise attempt to derive the source code for the Software;
- create any competing Software or Services; or
- remove any copyright or other proprietary or confidential notices on any Software or Services.
Intellectual Property Rights
TeleTracker’s Rights.Except as expressly provided in this AUP, the limited license granted to you under the section “Limited License” does not convey any ownership or other rights or licenses, express or implied, in the Services, whatsoever. All rights not expressly granted herein are reserved and retained by TeleTracker and its licensors. The Software and Services may comprise or incorporate services, software, technology or products developed or provided by third parties, including open source software or code. You acknowledge that misuse of the Services may violate third party IP Rights.
User’s Rights.You retain title to all IP Rights that are owned by the you or your suppliers. This includes any contents of phone calls, text or email messages, your materials, documents, logos, marks, software, etc. (the “Materials”) provided by you to us. TeleTracker retains the right to use the Materials only as it is required to provide the Services to you.
Use of Marks.Neither TeleTracker nor User (the “Party”) may use or display the other Party’s trademarks, service mark or logos in any manner without such Party’s prior written consent
Limits of Liability
EXCEPT AS OTHERWISE PROVIDED HEREIN, THE SERVICE AND TELETRACKER PROPERTY ARE PROVIDED TO THE USER “AS IS” AND TELETRACKER MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, CONCERNING THE SERVICE AND THE TELETRACKER PROPERTY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. User acknowledges that (i) the service may be temporarily interrupted, curtailed, or degraded due to Internet capacity of equipment limitation, equipment modifications, upgrades, relocations or repairs, and (ii) Internet data is capable of being interrupted by third parties. TeleTracker has no control over and is not liable or responsible for actions of Internet system operators and service providers or acts of God that create a delay or interruption of Service. TeleTracker makes no warranties regarding the purpose of value of e-mail or other on-line methods of communication inherent in or added to the Service.
IN NO EVENT SHALL TELETRACKER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OTHER PERFORMANCE OF THIS AUP.
If you need to report a violation of this AUP, please contact us at firstname.lastname@example.org
Effective Date: March 29, 2021
Annette Communications, LLC, (“TeleTracker”, “Provider” “our”, “us”, “we”), is committed to respecting the privacy rights of of the users of our products and services, the “Users”. This policy explains how we collect, store and handle personal information.
What Personal Information Do We Collect?
We may collect the following personal information about Users upon request to sign up for a product or service:
- Mailing addresses.
- Email address.
- Phone numbers.
- Credit card numbers or bank information.
- IP address.
- Other pertinent information for the purpose of establishing a business relationship.
As Users use our communication products, we maintain call records such as time, duration, and source/destination number (“Metadata”). We may record voice communications made through our applications or network depending on account settings. We store text messages and multimedia content associated with those text messages. This data may contain personal information, depending on the nature of the communications initiated or received by the User. For example, if a User sends a text message to a recipient that contains a social security number using our applications or network, we will both deliver that text to recipients requested, and store that text message in our own private databases as part of our normal operations.
Provider may collect log files and associated data from its applications that run on User devices. Provider’s mobile applications require Users’ explicit consent to send Debugging Data to Provider’s servers for analysis and processing via an option inside of the application. This data may contain IP addresses, unique User id values and information that may identify a User and/or a User’s installed application in Provider’s private databases. It may also contain other information about the device used to run the application, such as screen size, operating system, memory and disk usage, CPU and/or system load data, and other data useful for debugging purposes.
We Use Personal Information in the Following Ways:
Provider may use this information for confirmation of the individual’s identity, for general billing purposes, for notification purposes related to billing such as sending invoices or payment reminders, service suspension, and contract termination, and for any other purpose necessary for the provisioning or providing our services.
In addition, Provider may use this information to conduct sales promotions, to offer proposals, to provide consultation, to conduct customer surveys, and to send promotional materials or gifts, etc. by means including the use of telephone, e-mail and postal services. Provider may retain Billing Information after service termination for future sales and marketing activities.
This is used to synchronize Provider’s web, desktop and mobile applications for its Users, populate call and text history reports in Provider’s applications and provide various analytics and marketing reports for the benefit of Users. Users must use their own discretion when sending personal information using Provider’s applications or network, and are solely responsible for making a determination if such a communication is warranted or not.
Provider will only use this data for the purpose of fixing bugs in Provider’s applications, servers or network, servicing technical support or other requests initiated by Users, or improving User experience and performance of the Provider’s applications, servers or network. Debugging data, once received by Provider’s servers, is retained for a maximum of 15 days before it is permanently deleted.
Law Enforcement and National Security:
Provider reserves the right to access, read, preserve, and disclose any data that it believes is necessary to comply with the law; to respond to lawful requests by public authorities, a court order or subpoena; or to protect the rights, property, or safety of Provider, its employees, its users, or others, including to meet national security or law enforcement requirements.
How Do We Protect the Information We Receive?
User accounts are protected by a password, and User data is encrypted in transit using industry standard methods. Provider implements firewalls and network segmentation for the purpose of restricting unauthorized access to its servers and network.
Users must prevent unauthorized access to their account and data by selecting and protecting passwords and/or other sign-on mechanism. In addition, Users are expected to limit access to their computers/devices and browser by signing out of Provider’s applications if necessary. Provider cannot prevent a data breach if a User’s computer or mobile device is stolen and the applications have an active session, for example.
- Identify a User of Provider and identify a User’s device and web-based application on that device.
- When necessary, maintain a valid “Authentication Session” with Provider’s servers. All Users are required to identity themselves using, at minimum, a unique username and password, when using Provider’s applications. Provider’s applications set up and maintain Authentication Sessions for Users automatically.
- Identify visitors and/or online marketing sources when using our Dynamic Number Insertion system, which can change phone numbers on websites in real time. Provider may deploy this system on its customers’ websites and use it on its own website.
- Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. Provider uses trusted third party services that track this information on Provider’s behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. Take note that, if cookies are disabled, Provider’s web applications will not function properly. As an alternative, Provider’s mobile application may be used as a possible alternative.
Third Party Disclosures
Provider does not sell, trade, or otherwise transfer to outside parties, personal information, without explicit consent from its Users. Exceptions are made for agents, vendors and contractors who Provider employs or contracts with to perform tasks for Provider’s customers. These agents, vendors and contractors do not have any right to use the personal information we share with them beyond what is necessary to assist us and may not use such information for their own marketing purposes. Provider requires these agents, vendors and contractors have agreements in place to protect personal information.
However, non-personally identifiable information may be provided to other parties for marketing, advertising, or other uses.
Third Party Links
Occasionally, at its discretion, Provider may include or offer third party products or services on its website or within its applications. These third party sites have separate and independent privacy policies. Provider, therefore, has no responsibility or liability for the content and activities of these linked sites. Nonetheless, Provider seeks to protect the integrity of its site and welcomes any feedback about these sites.
Disclosure Of Personal Information
If Provider, or Provider’s assets are involved in a merger, acquisition or asset sale, Users’ personal information may be one of the assets transferred to or acquired by a third party.
Under certain circumstances, Provider may disclose personal information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Retention of Personal Information
Provider will retain Users’ personal information only for as long as is necessary for the purposes set out in this policy. Provider will retain and use personal information to the extent necessary to comply with its legal obligations (for example, if Provider is required to retain certain data to comply with applicable laws), resolve disputes, and enforce legal agreements and policies.
Notice for California Consumers Under California Consumer Privacy Act (CCPA)
Under the CCPA, California consumers have the right to:
- Request that a business that collects a consumer’s personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.
- Request that a business delete any personal data about the consumer that a business has collected.
- Request that a business that sells a consumer’s personal data, not sell the consumer’s personal data.
If a User makes a request, Provider has one month to respond. Please email us at email@example.com to make such a request.
COPPA Compliance Statement
Provider does not provide services designed for use by children under the age of 13, nor does it knowingly collect or solicit personal information from anyone under the age of 13. If Provider learns that it has collected such information, it will delete that information as quickly as possible. If you believe that a child under 13 has provided us personal information, please contact us at firstname.lastname@example.org.