Effective Date of this Privacy Policy:
This Terms of Use is effective as of May 31, 2018.
This Privacy Policy is part of Brightcall's Terms of Use and describes the privacy practices of Brightcall by Brightcall AI Communications AB. ("Brightcall", "we", "us", "our") on our websites located at
http://Brightcall.ai, as well as such other websites or mobile applications that we own or operate (collectively, "Our Website" or the "Brightcall Website").
We provide certain services to commercial users of Our Website (each, a "Client" and collectively, "Clients"), who, in turn, own and operate their own websites or mobile applications ("Client Site(s)"), and who wish to utilize our code, software and services and reports (the "Analysis Service(s)") to analyze and obtain information regarding how third party visitors to their Client Sites ("Client Site Visitor(s)") are interacting with their Client Sites ("Visitor Information"). Users of Our Website may also include persons or entities who are otherwise visiting Our Website ("Other Users"). Below you can find information about when and how we collect information from Clients, Other Users, or Client Site Visitors ("you", or "your") or concerning your computer or device, including Personally Identifiable Information (defined below), how we use such Visitor Information, and the circumstances under which we may disclose such Visitor Information to others.
By visiting the Brightcall Website, visiting a Brightcall Client Site that provides notice of its use of Brightcall and/or this policy, or registering for our Analysis Service, you acknowledge that you accept and consent to the practices outlined in this Privacy Policy.
I. Information obtained when you visit Brightcall or our clients' sites
Brightcall's Collection and Use of Visitor Information
Brightcall Clients use the Analysis Service to obtain information regarding how Client Site Visitors to their Client Sites are interacting with such Client Sites ("Visitor Information"). This Analysis Service allows a Brightcall Client to evaluate and potentially modify its Client Site based on its findings regarding Client Site Visitors use and interaction with the Client Site. Please note that Brightcall itself uses the Brightcall Service to obtain insights into visitors' activities on
https://Brightcall.ai/.
How Brightcall Collects Visitor Information
Brightcall Clients use customized and proprietary software code provided by Brightcall to collect and transmit Visitor Information to Brightcall's servers. When a Client Site Visitor visits a Client Site that uses Brightcall's Analysis Service, this code contacts Brightcall's servers and enables Brightcall to collect and analyze the Client Site Visitor's activity while visiting the Client's Site. This information is then stored on web servers and databases utilized by Brightcall to perform analyses and produce reports for the Brightcall Client. The interactions that may be recorded or analyzed ("Recorded Interactions") may include mouse scrolls and clicks by a Client Site Visitor; keystrokes entered by a Client Site Visitor; and/or pages viewed or visited by a Client Site Visitor, including the duration of such visits. Recorded Interactions may also include images of the Client Site that are recorded during the Client Site Visitor's interactions with such Client Site, such as, by way of example, images of forms displayed or populated by the Client Site Visitor on the Client Site, or other multimedia content that may be posted by Client Site Visitors.
Brightcall may also collect certain information about a Client Visitor's computer or mobile device that may be furnished by the Client Visitor's browser or otherwise by the device ("Device Information"), such as:
• Browser Information
• Operating System Information
• Mobile Device Information (e.g., device identifier, mobile operating system, etc.)
• IP Address
• Page Accessed
• Geographic Location
• Time of Visit
• Referring Site, Application, or Service
Brightcall's Analysis Service is not designed to knowingly collect or extract from Visitor Information (including any Recorded Interactions or Device Information) information that could be used to personally identify Client Site Visitors, such as a Client Site Visitor's name, address or phone number ("Personally Identifiable Information") when a Client Site Visitor visits a Client Site that uses the Brightcall Analysis Service. In particular, Brightcall does not attempt to identify, decipher, or associate Personally Identifying Information regarding a Client Site Visitor from any Recorded Interactions or Device Information.
Brightcall Does Not Collect Visitor Information Across Multiple Sites
Brightcall does not collect or aggregate information about visitor behavior on multiple, different websites.
Brightcall May Collect Information Contained in the "Referring URL" For The Last Website VisitedIf a Client Visitor navigates to a Client Site from another website, Brightcall may receive certain information from the referring website (i.e., the last website the visitor visited before visiting the client's website) as part of the Hypertext Transfer Protocol ("HTTP") request. For example, if a Client Site Visitor navigates to a Client Site from a search engine, such as Google, Brightcall may receive information contained in the referring URL for the Google search query, such as the terms the Client Visitor was searching for before visiting the respective Client Site. Brightcall may use information contained in the referring URL to analyze and provide information to its Clients about the activities that led users to navigate to the applicable Client Site.
Brightcall's Disclosure of Visitor Information
Except as disclosed in Section II below, Brightcall never sells or shares any Visitor Information with individuals or companies other than the specific Client from whose Client Site Brightcall collected the Visitor Information.
This Visitor Information is provided to Clients in the form of aggregated reports and/or statistics that identify the collective behavior of Client Visitors to the Client's Site. Clients will also have access to Recorded Interactions through the Analysis Service.
Our Clients' Use of Brightcall
Brightcall expects its Clients to abide by all applicable laws, rules and regulations. Brightcall also requires each of its Clients to obtain any necessary consents from Client Visitors, post an online privacy policy that provides each Client Visitor with notice of its practices regarding data collection, use, and disclosure (including the Client's use of Brightcall), provide a link to the Brightcall Privacy Policy, and provide a link to the Brightcall Opt-out. Nonetheless, Brightcall has no control over its Clients' activities, the disclosures made by its Clients on their Client Sites, or otherwise regarding Clients' compliance with the foregoing requirements, and Brightcall cannot be held responsible for, and hereby disclaims any liability for, any Client's failure to make these disclosures on its Client Sites, any failure by the Client to comply with applicable laws or covenants regarding Visitor Information, or its use of Visitor Information that is not permitted under this Privacy Policy or otherwise. For more details on the terms that apply to our Clients' use of the Brightcall Analysis Service, please see Brightcall's Terms of Use.
Use of Cookies
As described in our Cookie Policy, It is Brightcall's policy to use first-party cookies (small text files that Brightcall stores locally on your computer) on Client Sites for one or more of the following purposes: to help identify whether a Client Site Visitor is a first time visitor, or has visited previously (provided that we will not store identifiers that can be used to personally identify such Client Site Visitors); assess usage patterns and perform traffic analysis; identify preferences; diagnose problems with our servers; analyze trends; and otherwise administer Brightcall products and services. Cookies placed by Brightcall on the computers of Client Site Visitors do not include Personally Identifiable Information such as name, phone number, e-mail address or mailing address, nor does Brightcall link cookies to such Personally Identifiable Information in its servers or databases.
If you do not wish to have Brightcall place and use cookies on your computer, you should set your browser preferences to refuse all cookies, including first-party cookies, before accessing Brightcall or other Client Sites that may use Brightcall. Brightcall is not responsible for any failure by you or your browser to accurately implement or communicate your browser preferences or settings. Please note that if you set your browser to reject cookies, some features of the Client Sites you visit may be unavailable. In addition, please be aware that even if you configure your browser settings to reject all cookies, your activity on Brightcall Client Sites will still be recorded by the Analysis Service. However, if you reject all cookies, Brightcall will not be able to determine whether or not someone using that computer previously visited the Client Site, i.e. whether or not the visitor is a "unique" visitor.
For more information on how to reject cookies, see your browser's instructions on changing your cookie settings. If you do not elect to set your browser preferences to refuse cookies, you consent to have cookies, including first-party cookies used by Brightcall, placed on your computer when you visit websites. For further information on our use of cookies, please see our Cookie Policy, which is incorporated in this Privacy Policy by this reference
Opting Out
If you wish to opt out of Brightcall collecting Visitor Information when you visit Client Sites, please see the Brightcall Opt-out instructions. Please note that if you use a different computer or Internet browser than you used when opting out of Brightcall's Analysis Service, Brightcall will not be able to view the opt-out and will collect Visitor Information when you visit Brightcall Client Sites. In these circumstances, you will need to revisit the link above in order to reset your opt-out decision, in order for it to be effective.
Client Information
When individuals or companies register as Clients to use the Brightcall Analysis Service, register to use a trial version of the Brightcall Analysis Service, or request additional information about Brightcall, Brightcall may require Personally Identifiable Information, such as name, e-mail mailing address, phone number, financial information (e.g., credit card number, billing address), and/or website to be tracked, to process the registration or request ("Client Information"). When a client registers for the Brightcall Analysis Service, some of these pieces of information may be temporarily stored in encrypted format in a session cookie (but are not stored or linked to a permanent cookie). Brightcall may use this information to process and fulfill your request, register your account, check your qualifications for registration and/or to bill you for products and services. Brightcall may also use Personally Identifiable Information you submit to us to provide Brightcall's products and services, personalize and tailor your experience on Brightcall, operate our business, understand how Clients are engaging with Brightcall, request additional information necessary to process or fulfill your order; determine if you are satisfied with the Brightcall Analysis Service; inform you that an upgrade is available; or to contact you with information about Brightcall, including information about new or existing products and services or special offers. For example, we may periodically send promotional materials or notifications related to our products and services to the email address associated with your account.
Disclosure of Client Information to Third Parties
Brightcall may disclose Client Information (including Personally Identifiable Information) or Device Information collected from or concerning Clients or potential Clients to third parties in the circumstances described below and in Section II of this Privacy Policy. By registering for or accessing Brightcall's products or services, you consent to such disclosure. This Policy does not apply to the policies or practices of any such third parties.
Payment Processors
Like many companies that accept payment by credit card, Brightcall relies on third-party payment processors to process financial payments, such as Authorize.net. When you make payments to Brightcall to obtain or use Brightcall's products or services, Brightcall may share Personally Identifiable Information, such as your name, address, and credit card information, with qualified third parties in order to process your order.
With the exception of the limited circumstances discussed above and in Section II, Brightcall does not provide Clients' Personally Identifiable Information to third parties for any purpose.
Access to Personally Identifiable Information Stored at Brightcall
At any time, a Brightcall Client may view and/or modify their Personally Identifiable Information stored by Brightcall by visiting the account preferences section of their Brightcall account, accessible here.
II. Provisions applicable to both visitor and client information
Disclosure of Visitor Information and Client Information to Service Providers and Law Enforcement/Legal Process
Visitor Information and/or Client Information (including Personally Identifiable Information) may be shared with certain third-party companies and individuals that help facilitate technical aspects of the Brightcall Service or perform functions related to the administration of Brightcall, such as third parties that provide storage facilities for certain Visitor Information and Client Information collected and analyzed by Brightcall. These third parties perform tasks on our behalf and are contractually obligated not to disclose or use Visitor Information or Client Information for any other purpose. However, Brightcall is not responsible in the event that Personally Identifiable Information is disclosed at a result of a breach or security lapse at any such third party, or for such third party's non-compliance with the foregoing requirements.
Brightcall also reserves the right to disclose any Visitor Information or Client Information (including Personally Identifiable Information) to: (i) comply with any law, regulation, or legal request; (ii) enforce, apply, or investigate breaches of the Terms of Use or other agreements; (iii) respond to public requests; or (iv) protect the rights, property, user experience, or safety of Brightcall, our employees, our users, or others. We may also share Client Information and Visitor Information with our affiliates, subject to their compliance with our obligations under this Privacy Policy and the Terms of Use.
Security and Protection of Visitor Information and Client Information
Brightcall has implemented reasonable security mechanisms to protect Visitor Information and Client Information from loss, misuse and unauthorized access, disclosure, alteration and destruction. Examples of these security mechanisms include limited and password-protected access, firewalls, and SSL encryption to protect transmission of data. However, please keep in mind that no security system is impenetrable. It may be possible for third parties to intercept or access Visitor Information and Client Information. Brightcall cannot guarantee the security of such information and cannot be held responsible for and disclaims any liability for unauthorized access to Brightcall Client accounts.
Policy Concerning Children Under Age of 13
Brightcall does not knowingly or intentionally collect Personally Identifiable Information from children under 13. If we learn that we have Personally Identifiable Information of a child under age 13, we will remove it. If you believe we have Personally Identifiable Information about a child under the age of 13, please notify us at support@brightcall.ai.
Change of Control
If Brightcall, or substantially all of its assets, is acquired by another company or successor entity, Visitor Information and/or Client Information will be one of the assets transferred or acquired by the purchaser or successor. You acknowledge that such transfers may occur, and that any purchaser of or successor to Brightcall or its assets may continue to collect, use and disclose your information as set forth in this policy.
Changes to Our Privacy Policy
Brightcall retains the discretion to amend or modify this policy from time to time. Use and disclosure of Information we obtain is subject to the later of: (1) the policy in effect at the time such Visitor Information or Client Information is collected or (2) any subsequent policy to which you agree or of which you have notice, if you elect to use Brightcall or a Brightcall Client Site (including the Brightcall Website) following such acceptance or notice. If we make material changes in the way we use or disclose Personally Identifiable Information, we will notify you through one or more of the following means: a direct communication to your Brightcall account, a communication to the e-mail address associated with your account, or a clear and prominent announcement on the Brightcall Website. Your continued access to or use of Brightcall or websites that use Brightcall following notice of material changes to this Privacy Policy shall constitute consent to any amendments and/or modifications.
Do-Not-Track Signals
Some web browsers may transmit "do-not-track" signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them.
For More Information / Your Information Rights
Brightcall welcomes any questions or comments about this Privacy Policy or our privacy practices, including regarding any disclosure of third party information for direct marketing purposes. Any such comments or questions should be submitted via e-mail to: support@brightcall.ai.
Under California Civil Code Section 1798.83 (the "Shine the Light" law), California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once per calendar year certain disclosures about the personal information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of personal information, and the names and addresses of those businesses with which we shared personal information, for the immediately prior calendar year (e.g. requests made in 2016 will receive information regarding 2015 sharing activities). To make such a request, please send an email to support@brightcall.ai with a subject line of "Request for California Privacy Information." Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response.
Transfer of Data Abroad; International Users
If you are visiting the Our Website or a Client Site from a country other than the United States of America the various communications will necessarily result in the transfer of information across international boundaries. By visiting the Our Website or the Client Site, as applicable, you consent to the processing and transfer of your data as set out in this Privacy Policy. By using the Our Website or the Client Site, as applicable, you consent to the collection, storage, processing, and transfer of your information in and to the United States, or other countries and territories, pursuant to the laws of the United States.
