The ZephyrTel Corporate Group, which includes ZephyrTel, Inc. (formerly known as PeerApp Solutions, Inc.); Mobilogy, Inc.; Volt Delta Resources, LLC; Volt Delta International Ltd; LSSi Europe Limited; Volt Delta Canada Holdings LLC; Volt Delta Company; Volt Delta GmbH; Volt Delta International GmbH; Vasona AC, Inc.; Vasona Intermediate Holdings, Inc.; Vasona Networks, Inc.; Vasona Networks Limited; Vasona Networks International Holdings, Inc.; Vasona Networks Mexico S. de R.L. de C.V. (collectively, the “Company,” “we,” or “us”) respects your privacy. This Privacy Policy Statement (“Privacy Policy”) describes the ways we collect information from and about you, and what we do with the information, so that you may decide whether or not to provide information to us. By accessing our website, or purchasing our products or services, you agree to this Privacy Policy in addition to any other agreements we might have with you. In the event that such agreements contain terms that conflict with this Privacy Policy, the terms of those agreements will prevail.
This Privacy Policy includes the Company’s Privacy Policy Statement and the Privacy Shield Notice.
1. Our Collection of your Information
Personal Information
The information we collect may include your personal information, such as your name, contact information, IP addresses, product and service selections and other things that identify you. We collect personal information from you at several different points, including but not limited to the following:
2. Our Use of your Personal Information
Our Company may use information that we collect about you to:
3. Our Disclosure of your Personal Information to Third Parties
We may share your personal information with third parties only in the ways that are described in this Privacy Policy:
Please note that these third parties may be in other countries where the laws on processing personal information may be less stringent than in your country.
Potential for Other Users to Contact You
To the extent that a given application supports personal messaging functionality between and among end users, you may receive personal messages from other end users. You can disable this functionality by using the unsubscribe and other disabling instructions in the given application.
4. Our Security Measures to Protect your Personal Information
Our Company uses industry-standard technologies when transferring and receiving data exchanged between our Company and other companies to help ensure its security. This site has security measures in place to help protect information under our control from the risk of accidental or unlawful destruction or accidental loss, alteration or unauthorized disclosure or access. However, “perfect security” does not exist on the Internet. Also, if this website contains links to other sites, our Company is not responsible for the security practices or the content of such sites.
5. Our Use of Cookies, Web Beacons, Web Analytics Services, and Links
6. Legal Basis for Processing your Personal Data (EEA and Switzerland only)
With respect to personal data collected from individuals from the European Economic Area or Switzerland, our legal basis for collecting and using the personal data will depend on the personal data concerned and the specific context in which we collect it. Our Company will normally collect personal data from you only where: (a) we have your consent to do so, (b) where we need the personal data to perform a contract with you (e.g. to deliver the services you have requested), or (c) where the processing is in our or a third party’s legitimate interests (and not overridden by your data protection interests or fundamental rights and freedoms).
7. Limiting Use, Disclosure, Retention
Our Company identifies the purposes for which the information is being collected before or at the time of collection. The collection of your personal data will be limited to that which is needed for the purposes identified by our Company. Unless you consent or we are required by law, we will only use the personal data for the purposes for which it was collected. If our Company will be processing your personal data for another purpose later on, our Company will seek your further legal permission or consent; except where the other purpose is compatible with the original purpose. We will keep your personal data only as long as required to serve those purposes. We will also retain and use your personal data for as long as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
8. International Transfers of your Personal data
We are a global company. Information collected from you may be stored and processed in the European Economic Area, the United States or any other country in which our Company or agents or contractors maintain facilities, and by accessing our sites and using our services, you consent to any such transfer of information outside of your country. Such countries may have laws which are different, and potentially not as protective, as the laws of your own country.
Whenever we share personal data originating in the European Economic Area or Switzerland, we will rely on lawful measures to transfer that data, such as the Privacy Shield or the EU standard contractual clauses. If you reside in the EEA or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal data to the United States and other jurisdictions in which we operate. By providing your personal data, you consent to any transfer and processing in accordance with this Policy.
9. Accuracy of Personal data
We do our best to ensure that the personal data we hold and use is accurate. We rely on the customers we do business with to disclose to us all relevant information and to inform us of any changes.
10. Your Access to and Updating of your Personal data
Reasonable access to your personal data may be provided upon request made to our Company at the contact information provided below. If access cannot be provided within that time frame, our Company will provide the requesting party a date when the information will be provided. If for some reason access is denied, we will provide an explanation as to why access has been denied. We may charge a reasonable fee in advance for copying and sending the information requested.
If you would like us to delete any persona Data held about you, we will do so on request unless we need to hold the information as part of the provision of products and services to you.
11. Marketing Communications
We offer those who provide personal contact information a means to choose how we use the information provided. You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of our marketing emails.
12. Additional Rights (EEA and Switzerland only)
If you reside in the European Economic Area or Switzerland, you may have the right to exercise additional rights available to you under applicable laws, including:
If you would like to exercise any of the above rights, please contact our support team or contact our Data Protection Officer (see our contact details in Section 17 below). We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request.
You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. If you need further assistance regarding your rights, please contact us using the contact information provided below and we will consider your request in accordance with applicable law. In some cases, our ability to uphold these rights for you may depend upon our obligations to process personal data for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.
13. Notice to End Users
Most of our services are intended for use by organizations. Where the services are made available to you through an organization (e.g. your employer), that organization is the administrator of the services and is responsible for the accounts and/or service over which it has control. Please direct your data privacy questions to your administrator, as your use of the services is subject to that organization's policies. We are not responsible for the privacy or security practices of an administrator's organization, which may be different than this policy.
Administrators may be able to:
Please contact your organization or refer to your administrator’s organizational policies for more information.
14. Children’s Privacy
Because of the nature of our business, our services are not designed to appeal to minors. We do not knowingly attempt to solicit or receive any information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us immediately.
15. Your California Privacy Rights (United States only)
Our Company does not currently respond to browser “Do Not Track” (DNT) signals or other mechanisms. Third parties may collect personal data about your online activities over time and across sites when you visit the Site or use the Service.
If you are a California resident, California Civil Code Section 1798.83 permits you to request certain information regarding our disclosure of personal data to third parties for the third parties’ direct marketing purposes. To make such a request, please contact us by sending an e-mail to privacy@zephyrtel.com.
Our site, products, and services are not intended to appeal to minors. However, if you are a California resident under the age of 18, and a registered user of our Site or Service, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an e-mail with a detailed description of the specific content or information to privacy@zephyrtel.com.
Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
Under California law, California residents who have an established business relationship with us may opt-out of our disclosing personal data about them to third parties for their marketing purposes.
16. Changes to our Privacy Policy
Our Company may amend this Privacy Policy at any time by posting a new version. It is your responsibility to review this Privacy Policy periodically as your continued use of this website and our products and services represents your agreement with the then-current Privacy Policy.
17. Contacting Us
We have designated a Data Protection Officer who is responsible for monitoring our Company’s ongoing compliance of this Privacy Policy. If you have any questions about this Privacy Policy, the practices or concerns of this site, please contact our Data Protection Officer at: privacy@zephyrtel.com.
ZephyrTel, Inc. (formerly known as PeerApp Solutions, Inc.); Mobilogy, Inc.; Volt Delta Canada Holdings LLC; Volt Delta Resources, LLC; Vasona AC, Inc.; Vasona Intermediate Holdings, Inc.; and Vasona Networks, Inc. (collectively, the “ZephyrTel U.S. Corporate Group”) comply with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Economic Area (“EEA”) member countries and Switzerland transferred to the United States pursuant to Privacy Shield. The ZephyrTel U.S. Corporate Group has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/
A) Definitions
“Personal Data” means information that (1) is transferred from the EEA or Switzerland to the United States; (2) is recorded in any form; (3) is about or pertains to a specific individual; and (4) can be linked to that individual.
“Sensitive Personal Information” means personal information that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, trade union membership or that concerns an individual’s health.
B) Principles
The ZephyrTel U.S. Corporate Group may receive Personal Data from its own personnel as well as from its affiliates, resellers, customers, end-users and other parties located in the EEA or Switzerland.
Such information may contain, but is not limited to name (first and last name), position, address, email address, phone number, login credentials, human resources data and transaction information and may be about customers, clients of customers, business partners, acquisition targets, potential buyers consultants, employees, and candidates for employment and includes information recorded on various media as well as electronic data. In addition, we might collect location and traffic data. Please refer to our main Privacy Policy Statement (above) for more information regarding our data handling practices.
The ZephyrTel U.S. Corporate Group is the controller of its own human resources data. In addition, the ZephyrTel U.S. Corporate Group acting as a data processor or sub-processor may receive Personal Data via its customers. The ZephyrTel U.S. Corporate Group executes data processing agreements with such customers which set out the parties’ obligations and responsibilities to comply with the Principles. The ZephyrTel U. S. Corporate Group will cooperate with its customers to enable them to comply with the Principles.
Whenever the ZephyrTel U.S. Corporate Group processes Personal Data, the ZephyrTel U.S. Corporate Group complies with the Principles (as each Principle is applicable to the ZephyrTel U.S. Corporate Group’s role):
1. Notice. Whenever we collect Personal Data directly from individuals, we shall inform an individual of the purpose for which we collect and use their Personal Data and the types of third parties to which the ZephyrTel U.S. Corporate Group discloses or may disclose that Personal Data. Please refer to our main Privacy Policy Statement for more information regarding our data handling practices. The ZephyrTel U.S. Corporate Group shall provide the individual with the choice and means for limiting the use and disclosure of their Personal Data. Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Data to the ZephyrTel U.S. Corporate Group, or as soon as practicable thereafter, and in any event before the ZephyrTel U.S. Corporate Group uses or discloses the Personal Data for a purpose other than for which it was originally collected. The ZephyrTel U.S. Corporate Group may be required to disclose Personal Data in response to lawful request by public authorities, including to meet national security or law enforcement requirements.
2. Choice. Whenever the ZephyrTel U.S. Corporate Group collects Personal Data directly from individuals for marketing purposes, those individuals have the opportunity to choose (opt out) whether their Personal Data is (1) to be disclosed to a third party or (2) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual by contacting our Data Protection Officer via email at privacy@zephyrtel.com. For Sensitive Personal Information, The ZephyrTel U.S. Corporate Group will give individuals the opportunity to affirmatively or explicitly (opt in) consent to the disclosure of the information to a non-Agent third party or for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. The ZephyrTel U.S. Corporate Group shall treat Sensitive Personal Information received from an individual the same as the individual would treat and identify it as Sensitive Personal Information. Agents, technology vendors and contractors of the ZephyrTel U.S. Corporate Group or affiliated companies may have access to an individual’s Personal Data on a need to know basis for the purpose of performing services on behalf of the ZephyrTel U.S. Corporate Group or providing or enabling elements of the services. All such agents, technology vendors and contractors who have access to such information are contractually required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for the ZephyrTel U.S. Corporate Group or as otherwise required by law.
3. Accountability for Onward Transfer. Whenever we collect Personal Data directly from individuals, prior to disclosing Personal Data to a third party, we shall notify the individual of such disclosure and allow the individual the choice (opt out) of such disclosure. The ZephyrTel U.S. Corporate Group shall ensure that any third party to which Personal Data may be disclosed agrees in writing to provide the same level of privacy protection as set forth in this policy. The ZephyrTel U.S. Corporate Group’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, ZephyrTel U.S. Corporate Group remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless ZephyrTel U.S. Corporate Group proves that it is not responsible for the event giving rise to the damage.
4. Data Security. We shall take reasonable steps to protect the Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. The ZephyrTel U.S. Corporate Group has put in place appropriate physical, electronic and managerial procedures to safeguard and secure the Personal Data from loss, misuse, unauthorized access or disclosure, alteration or destruction. However, the ZephyrTel U.S. Corporate Group cannot guarantee the security of Personal Data on or transmitted via the Internet.
5. Data Integrity and Purpose Limitation. We shall only process Personal Data in a way that is compatible with and relevant for the purpose for which it was collected or authorized by the individual. To the extent necessary for those purposes, the ZephyrTel U.S. Corporate Group shall take reasonable steps to ensure that Personal Data is accurate, complete, current and reliable for its intended use.
6. Access. We acknowledge the individual’s right to access their Personal Data. We shall allow an individual access to their Personal Data and allow the individual the opportunity to correct, amend or delete inaccurate information, except where the burden or expense of providing access would be disproportionate to the risks to the privacy of the individual in the case in question or where the rights of persons other than the individual would be violated. Individuals may contact our Data Protection Officer via email at privacy@zephyrtel.com to request to access, correct, amend, or delete the personal information ZephyrTel U.S. Corporate Group holds about you. In cases where the ZephyrTel U.S. Corporate Group is a Data Sub-Processor or Processor, individuals must contact the Data Processor or the Data Controller, as applicable.
7. Enforcement and Dispute Resolution.With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, ZephyrTel U.S. Corporate Group is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In compliance with the Privacy Shield Principles, the ZephyrTel U.S. Corporate Group commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. EEA and Swiss individuals with Privacy Shield inquiries or complaints should first contact us at:
ZephyrTel, Inc.
Data Protection Officer
401 Congress Avenue, Suite 2650
Austin Texas 78701 USA
E-mail: privacy@zephyrtel.com
a. Human Resources Data. If your complaint involves human resources data transferred to the United States from the EEA or Switzerland in the context of the employment relationship, and ZephyrTel U.S. Corporate Group does not address it satisfactorily, ZephyrTel U.S. Corporate Group commits to cooperate with the panel established by the data protection authorities (DPA Panel) and the Swiss Federal Data Protection and Information Commissioner, as applicable and to comply with the advice given by the DPA panel and Commissioner, as applicable with regard to such human resources data. To pursue an unresolved human resources complaint, you should contact the state or national data protection or labor authority in the appropriate jurisdiction. Complaints related to human resources data should not be addressed to the BBB EU PRIVACY SHIELD.
b. Non-Human Resources Data. ZephyrTel U.S. Corporate Group has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint was not resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction
C) Amendments
This Privacy Statement may be amended from time to time consistent with the requirements of the Shield Frameworks. We will post any revised policy on this website.
D) Information Subject to Other Policies
We are committed to following the Principles for all Personal Data within the scope of the Privacy Shield Frameworks. However, certain information is subject to policies of the ZephyrTel U.S. Corporate Group that may differ in some respects from the general policies set forth in this Privacy Statement.
Last Updated: November 20, 2018.