Privacy Policy / Notice at Collection

Last Updated: February 24, 2025

Desktop Communications, LLC, together with its affiliates (“Desktop Communications”, “we” or “us”), is committed to your privacy. We provide Voice over IP services for businesses and consumers, equipment, and related mobile and desktop applications (together, “Apps” and “Services”). Except as set forth in this Privacy Policy (“Policy”), we will not trade, sell, or disclose to any third party any form of Personal Information without your consent. This Policy explains how we collect and use information from visitors to our websites, customers who use Apps and Services (including customers’ end users), and potential customers who have communicated, made contact with, or otherwise interacted with Desktop Communications in connection with online and offline Apps and Services offered by Desktop Communications (collectively, “Customers”). The Desktop Communications Terms and Conditions, as amended from time to time, are incorporated by reference herein.

Certain consumers may be entitled to notices and disclosures regarding the collection and use of their Personal Information. Sections 1 and 2 of this Policy are intended to provide such notice.

1. Collection of Personal Information

In this Policy, “Personal Information” means any information relating to an identified or identifiable individual. Personal Information includes, but is not limited to, your name, physical address, email address and telephone number (which may be needed to create your account or to use our Services such as cellular calling or providing emergency services as set forth in our Terms and Conditions); in-app messages (to provide chat functionality); voice calls and recordings (to provide VoIP call and call recording functionality); text, image, video or other files (to provide SMS, MMS and email functionality); and contact information added by you, such as phone numbers and email addresses (to provide address book functionality). Desktop Communications may collect Personal Information about you directly from you and from third parties, as well as automatically through your use of our websites and Apps and Services.

1.1 Personal Information Provided by You

When you purchase Apps and Services we collect your Personal Information, including, but not limited to, name, physical address, email address, telephone number, certain billing information, and other information you provide. If you make a purchase through our Services, your payment information, such as credit card information and billing details, will be collected by a third-party payment processor, and not by us.

We may also collect Personal Information that you upload, save, send, or receive on or through the Apps or Services (including mobile applications) depending on how you use the Apps and Services.

If you complete our surveys, contact us directly, or provide information on our website, we may collect your name, email address, phone, company, job title, physical address, Apps and Services of your interest, date and time of your communication and any attachments thereto, and other content or information you may directly provide to us.

You should be aware that any Personal Information which you voluntarily include and transmit through publicly accessible forums may be viewed and used by anyone with access to such forums. We are not responsible for other users’ use of available information, so you should carefully consider whether and what to post or how you identify yourself on such forums.

Where required by applicable law, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so.

1.2 Personal Information Collected via Automated Means

We or third parties on our behalf (such as advertising and analytics providers) may collect Personal Information from Customers when Customers use our websites or mobile applications; open or click on emails we send; or interact with our advertisements. Such Personal Information may include website pages viewed, time spent using certain services, and demographic data collected via cookies (as defined below). We collect information related to the types of Apps and Services you purchase and how and when you use such Apps and Services. We or third parties may also automatically collect data regarding the devices that connect to your network and how your network is being used. Such information may include an end user’s unique personal identifier, online identifier, Internet Protocol address, operating system, browser type, username, location-based data, and interactions with an Internet website, application, or advertisement. If you use our mobile applications, we may also automatically collect device ID or diagnostic data for analytics purposes or to troubleshoot issues.

“Cookies” are pieces of information that may be placed on your computer by a website for the purpose of facilitating and enhancing your communication and interaction with that website. Many websites use cookies for these purposes. We may use cookies to customize your visit to our websites and for other purposes to improve your online user experience and to enable us to enhance our website and Apps and Services. The term cookie is the most used term, but “cookies” actually describe a range of technologies, such as: clear gifs, pixels, web beacons, software developer kits, third-party libraries, third party cookies and other similar online tracking technologies to improve the performance of our websites, provide certain features, such as advertising, or to anonymously track usage of our websites and track the online activity of users. In addition, we may use such devices in our HTML-based emails to track the usage of such emails in much the same manner as we track usage of our websites. References to “cookies” in this Policy, our websites, and mobiles apps are intended to capture cookies and these other online tracking technologies.

In addition to cookies, Desktop Communications (and our third-party advertisers or vendors) may also use clear gifs, web beacons, and third party cookies to improve the performance of our websites, provide certain features, such as advertising, or to anonymously track usage of our websites and track the online activity of users. In addition, we may use such devices in our HTML-based emails to track the usage of such emails in much the same manner as we track usage of our websites.

The third parties listed below, among others, use cookies or other tracking technologies on Desktop Communications’s website, applications, or other services or products for the purposes set forth below.

1.3 Third Parties

We may obtain information, including Personal Information, from sources other than the Apps and Services (including mobile applications), such as our partners and advertisers. If we receive, combine or associate information from other sources with Personal Information that we collect from you or through the Apps and Services (including mobile applications), we will treat the combined information as Personal Information in accordance with this Policy.

If you interact with us on social media or use features, such as plugins, widgets, or other tools made available by social media platforms (including Facebook, Twitter, Google, YouTube, and TikTok) in connection with our websites or mobile applications, we collect information that you disclose to us, or that the social media platforms disclose to us. For more information about the privacy practices of those social media platforms, please review the privacy policies and settings of the social media platforms that you use.

2. How We Use Your Personal Information

2.1 Purposes of Processing Personal Information

We may process Personal Information for the following purposes:

• Providing the Services. We process your Personal Information to provide our Apps and Services. We will not monitor or disclose to any third parties conversations, voice messages, or other communications that are transmitted using our Apps and Services except in connection with the Services, as required to ensure proper operation of Apps and Services, or as otherwise authorized by law.
• Personalized Advertising. We may process your Personal Information for promotional purposes, such as to send advertising and promotional communications by email or postal mail; to show you advertisements for products and/or services tailored to your interests on social media and other websites; and to administer our sweepstakes, contests, and other similar promotions.
• Marketing. We may process your Personal Information to send email marketing about our Apps and Services, as well as products and services from our partners, to Customers that Desktop Communications believes have interest in. Where required under applicable law, we will only send you promotional emails with your opt-in consent.
• Customer Relationship Management. We may process your Personal Information for customer relationship management purposes, such as to provide you with customer support upon your request.
• Analytics and Product Development. We process your Personal Information to understand and analyze the usage trends and preferences of our Customers, to improve the Apps and Services, and to develop new products, services, features, and functionalities.
• Communications. We may process your Personal Information to communicate with you for administrative purposes, such as to provide necessary communications regarding functionalities of the Apps and Services, to provide information that you request, and to respond to comments and questions.
• Aggregation. We may aggregate or otherwise anonymize Personal Information. We may process and disclose information that does not identify or otherwise relate to an individual for any lawful purpose.
• Surveys. We may process your Personal Information collected via surveys to improve the types of Apps and Services we offer and how we provide them to you. For example, we may combine this information with Personal Information provided by other Customers to understand trends in our user base, and improve our Apps and Services accordingly.
• Administrative and Legal Purposes. We may also process and disclose Personal Information to investigate and help prevent potentially unlawful activities that threaten the integrity of our Apps, Services or network, to investigate fraud or violations of our Terms and Conditions or other agreements with Customers, as required by courts or administrative agencies, or in connection with a sale, merger or reorganization of Desktop Communications’ business.

2.2 How We Use Cookies and Similar Technologies

We and third parties may use the following types of cookies to collect Personal Information:

• Functional cookies. Some cookies are strictly necessary to make our websites and mobile applications available to you. For example, to provide the chat functionality and to remember your consent and privacy choices. We cannot provide you with the Services without this type of cookie.
• Analytical cookies. We also use cookies for analytics purposes in order to operate, maintain and improve our Apps and Services. We may use third party analytics providers such as Google Analytics to collect and process certain analytics data on our behalf. These providers may also collect information about your use of other websites, mobile applications, and online resources.
• Advertising cookies. We work with third-party advertising companies to show you ads we think may interest you. To do so, we and our advertising partners may place and access cookies through our websites and otherwise collect or access Personal Information collected over time and across different online services. These third–party partners and service providers use their technology to provide advertising about products and services tailored to your interests which may appear either on our websites or on other websites.

Where required by applicable law, we obtain your consent to use cookies. You can find more information about your rights and choices, and how to opt out of the use of certain cookies in Section 5 (Your Rights and Choices) below.

2.3 Our Use of European Personal Information

If you are located in the European Economic Area, we only process your Personal Information when we have one of the following “legal basis”:

• You have consented to the use of your Personal Information, for example to send you marketing communications, place cookies or to use traffic and location data for purposes other than the provision of our Services.
• The personal data is needed for the performance of a contract to which you are a party or at your request prior to entering into a contract.
• We need your Personal Information to provide you with Services, for example to deliver the Services, respond to your inquiries, or to provide and bill our Services (including the use of traffic and location data).
• We have a legal obligation to use your Personal Information, for example to comply with tax and accounting obligations, or with a court order.
• We or a third party have a legitimate interest in using your Personal Information. In particular, we have a legitimate interest in using your Personal Information for development and internal analytics purposes, and otherwise to improve the safety, security, and performance of our websites and Apps and Services. We only rely on our or a third party’s legitimate interests to process your Personal Information when these interests are not overridden by your rights and interests.

3. How We Disclose Your Personal Information

We may disclose your Personal Information to third parties in the following circumstances:

• We disclose your Personal Information to third party service providers such as our vendors and contractors to provide application development, hosting, maintenance, and other services and to assist Desktop Communications in our provision of Apps and Services. Generally, we limit the information provided to these service providers to what is reasonably necessary for them to perform their functions on our behalf, and we require them to agree to maintain the confidentiality of such information.
• In the case where we obtain information about you from Google APIs, our use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including its Limited Use requirements.
• Any Personal Information that you voluntarily choose to post to a publicly accessible area of the services will be available to anyone who has access to that content, including other users.
• We share Personal Information with third parties whom we partner with to offer co-branded Desktop Communications Apps and Services or whom we work with to jointly create and/or offer products, services, or joint promotions.
• We may disclose your Personal Information if required to do so by law or in the good-faith belief that such action is necessary to comply with applicable laws, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
• We also reserve the right to disclose your Personal Information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability; (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity; (iii) investigate and defend ourselves against any third-party claims or allegations; (iv) protect the security or integrity of our Services and any facilities or equipment used to make our Services available; or (v) protect our property or other legal rights including, but not limited to, enforcement of our agreements, or the rights, property, or safety of others.
• We may disclose and otherwise transfer Personal Information to an acquirer, successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
• We may share Personal Information with our affiliates, subsidiaries, and branch offices to which it is reasonably necessary or desirable for us to disclose Personal Information for the above-mentioned purposes and in order to market our co-branded Apps and Services more effectively to Customers.
• Some of our websites have features such as, plugins, widgets, and/or other tools made available by social media platforms and networks that may result in information being collected or disclosed between us and such parties. Their use of your information is not governed by this Policy.

4. Customer Specific Network Information

In the course of providing Apps and Services to you, Desktop Communications will collect and maintain certain customer-specific network information, as such term is defined under 47 U.S.C. § 222(h) (“Customer Specific Network Information”). Customer Specific Network Information includes the types of products and services you currently purchase, related usage, and billing information for those products and services. Your telephone number, name, and address are not Customer Specific Network Information.

We value our relationships with our Customers and are committed to respecting and protecting your Customer Specific Network Information. Accordingly, we will not sell, trade, or share your Customer Specific Network Information outside of Desktop Communications or with anyone not authorized to offer or provide our Apps and Services, or to perform functions on our behalf, except as authorized by you or as provided below. Generally, we can use your Customer Specific Network Information to offer additional services to you, and for billing and collections purposes. We can also disclose your Customer Specific Network Information for legal or regulatory reasons or in the event of emergencies, including in response to subpoenas and court orders. We can also use Customer Specific Network Information to investigate fraud and to prevent violation of our agreements or Terms and Conditions and monitor potentially unlawful use of our network, Apps and Services, and abuse of other Customers.

5. Your Rights and Choices

You may decline to share certain Personal Information with us, in which case we may not be able to provide to you some or all of the features and functionalities of our Apps and Services. You also have the right to access your Personal Information you have provided to us.

If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt out from receiving commercial email from us by contacting us using the contact details at the end of this Policy.

Please be aware that if you opt out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request and you may receive promotional communications from us during that period. Additionally, even after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding our Services.

5.1. Your Cookie Choices

You have the following choices with regard to the use of cookies and similar technologies.

• Many web browsers allow you to manage your preferences relating to cookies. You can set your browser to refuse cookies or delete certain cookies. You may be able to manage other technologies in the same way that you manage cookies using your browser’s preferences. Please note that if you choose to block cookies, doing so may impair the use of our Apps and Services.
• You can opt-out of interest-based advertising provided by certain third parties by following the instructions they provide. For instance, our website uses Google Analytics to serve ads to you on other websites after you’ve visited our website. This practice is known as remarketing and is a tool that Google offers to businesses. You can learn about Google’s practices here and opt out by downloading the Google Analytics opt-out browser add-on, or via Google’s Ads Settings or Ad Settings for mobile applications.
• We may also allow other third-party service providers to use cookies and other technologies to collect information and to track browsing activity across third-party websites such as web browsers used to read our websites, which websites are referring traffic or linking to our websites, and to deliver targeted advertisements to you. We do not control these third-party technologies and their use is governed by the privacy policies of third parties using such technologies. For more information about third-party advertising networks and similar entities that use these technologies you may go here and to opt out of such ad networks’ and services’ advertising practices, go to Your Ad Choices and Network Advertising Initiative Choices. Once you click the link, you may choose to opt out of such advertising from all participating advertising companies or only advertising provided by specific advertising companies. Please note that even if you choose to opt out from tailored / interest-based advertising, you may see advertising that is not relevant to you. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.
• Where required by law, we process opt-out preference signals in a frictionless manner. If your browser supports it, you can turn on the Global Privacy Control (GPC) settings on your browser to opt-out of the sharing of your Personal Information.

5.2 Your European Privacy Rights

If you are located in the European Economic Area (“EEA“), you have these additional rights:

• You may request access to and receive information about the Personal Information we maintain about you, update and correct inaccuracies in your Personal Information, restrict or object to the processing of your Personal Information, have the information anonymized or deleted, as appropriate, or exercise your right to data portability to easily transfer your Personal Information to another company. In addition, you may also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work, or where an incident took place.
• You may withdraw any consent you previously provided to us regarding the processing of your Personal Information, at any time, and free of charge. However, this will result in our inability to provide you with some or all of our Services. We will apply your preferences following withdrawal of your consent and this will not affect the lawfulness of the processing before you withdrew your consent.
• You may exercise these rights by contacting us using the contact details at the end of this Policy. Please note that there are exceptions and limitations to each of these rights, and that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain information for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
• EU individuals with inquiries or complaints regarding GDPR may contact our GDPR Representative at GDPR AV Services UG (haftungsbeschränkt/limited liability), Fraunhoferstraße 8a, 48161 Münster, Germany, viedge@gdprav.com.

5.3 Your Canadian Privacy Rights

If you are located in Canada, you have these additional rights:

• Upon request, an individual shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate. If you wish to be informed of the existence, use and disclosure of personal information that we may have on you, please contact us at privacy@desktopcommunications.net.
• For any questions or concerns regarding this Policy, please contact Desktop Communications at privacy@desktopcommunications.net. If we do not answer your concern to your satisfaction, you can contact the Office of the Privacy Commissioner of Canada, 30 Victoria Street, Gatineau, Quebec, K1A1H3.

5.4 Your California Privacy Rights

If you are located in California, you have additional rights as described in Exhibit A hereto.

5.5 Your Texas Privacy Rights

If you are located in Teas, you have additional rights as described in Exhibit B hereto.

6. International Customers

Our Services are currently hosted in the United States, Canada, United Kingdom, Japan, Spain, Poland and Australia, and we may host our Services in other countries and territories in the future. If you choose to use our Apps and Services from regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your Personal Information outside of those regions to the U.S. for storage and processing. We take steps to comply with applicable data protection law, in particular legal requirements regarding adequate protection for data transfers. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and providing our Apps and Services. By providing any information, including Personal Information, you consent to such transfer, storage, and processing.

We may transfer your Personal Information to countries which have been found to provide adequate protection by the EU Commission, to recipients bound by the EU Standard Contractual Clauses, or to recipients who have certified to the Privacy Shield or adopted Binding Corporate Rules.

7. How Long Do We Store Your Data?

When determining the retention period of your Personal Information, we take into account various criteria, including but not limited to the type of Apps and Services provided to you, the nature and length of our relationship with you, and mandatory retention periods provided by law.

8. Security

Desktop Communications makes reasonable efforts to protect your information by using physical and electronic safeguards designed to improve the security of the information we maintain. However, no system or service can offer a 100% guaranty of security, especially a service that relies upon the public Internet and public phone system.

9. Third Party Websites and Services

Our Services may contain links to other websites and services not maintained by Desktop Communications, which are outside our control. We are not responsible for the privacy practices or the content of these third-party websites and services. We encourage you to read their privacy policies before providing any information to them.

10. Children’s Privacy

We do not knowingly collect, maintain, or use Personal Information from children under 16 years of age, and no part of our Apps and Services is directed to children. If you learn that a child has provided us with Personal Information, then you may alert us at privacy@desktopcommunications.net.

11. Changes to This Policy

We will post any changes to this Policy on this page or desktopcommunications.net, and the revised version will be effective when it is posted. You should review this Policy regularly for changes, which will be indicated by the “Last Updated” date at the top of this page. Your continued use of our Apps and Services following the posting of any changes to this Policy means you accept such changes.

12. Contact Details

Unless otherwise indicated, Desktop Communications, LLC is the entity responsible or “data controller” for the processing of your Personal Information as described in this Policy. Please contact us with any questions or comments about this Policy, your Personal Information, our use and disclosure practices, or your consent choices by email at privacy@desktopcommunications.net or by postal mail at:

Desktop Communications, LLC
525 Almanor Avenue, Suite 200
Sunnyvale, CA 94085
USA

Use of Personal Information

We may use each of the categories of CCPA personal information listed above for one or more of the business purposes described in our Privacy Policy, or for another purpose that we describe to you when or before collecting your CCPA personal information. We will not collect additional categories of CCPA personal information or use the CCPA personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice and obtaining any legally required consent.

Selling or Sharing Personal Information

Disclosures of Personal Information

We may disclose any of the categories of CCPA personal information listed above to one or more of our service providers or other third party for the purpose of helping us engage in one or more of the purposes described in our Privacy Policy, or for another purpose that we describe to you when or before collecting your CCPA personal information. For instance, we may sell or share your Identifiers, Commercial Information, Sensitive Personal Information and/or Internet or Electronic Network Activity Information to advertising, marketing, and analytics providers.

Personal Information Automatically Collected

We automatically collect certain information when you visit, use, or navigate the Services. Please see Section 1.2 (Personal Information Collected via Automated Means) of our Privacy Policy for more information.

Your Rights and Choices

The CCPA provides consumers with specific rights regarding their CCPA personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your CCPA personal information since the date that is the later of: January 1, 2022 or the date we first began collecting CCPA personal information about you, unless doing so proves impossible or would involve a disproportionate effort. Once we receive and confirm your verifiable consumer request (see Exercising Your CCPA Rights), we will disclose to you:

• The categories of CCPA personal information we collected about you.
• The categories of sources for the CCPA personal information we collected about you.
• Our business or commercial purpose for collecting or selling that CCPA personal information.
• The categories of third parties with whom we share that CCPA personal information.
• The specific pieces of CCPA personal information we collected about you (also called a data portability request).
• If we sold or disclosed your CCPA personal information for a business purpose, two separate lists disclosing:
• sales, identifying the CCPA personal information categories that each category of recipient purchased; and
• the business purpose(s) for which the disclosure was made, identifying the CCPA personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your CCPA personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Your CCPA Rights ), we will delete (and direct our service providers to delete) your CCPA personal information from our records, unless an exception applies.

Correction of Personal Information

You have the right to request that we correct any factual errors in your CCPA personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Your CCPA Rights), we will update any factual errors in your CCPA personal information from our records, unless an exception applies.

Opt-Out of Selling or Sharing of Your Data

You have the right to opt out of the sale and/or sharing of your CCPA personal information, subject to certain exceptions. You can exercise this right by: (1) following the instructions in the Exercising Your CCPA Rights section below or (2) visiting our Your Privacy Choices webpage, which you can also access by clicking on the “Your Privacy Choices” link at the bottom of our website. Once we receive and confirm your verifiable consumer request we will stop sharing and/or selling your CCPA personal information (if applicable), unless an exception applies. Any opt-out choices you make will only apply to the specific email address that you provide when making the request.

Sensitive Personal Information

The CCPA also allows you to limit the use or disclosure of your “sensitive personal information” (as defined in the CCPA) if your sensitive personal information is used for certain purposes. Once we receive and confirm your verifiable consumer request (see Exercising Your CCPA Rights), we will limit the use or disclosure of your “sensitive personal information,” unless an exception applies.

Exercising Your CCPA Rights

To exercise your CCPA rights described above, please submit a verifiable consumer request to us by either:

• Calling us at (415) 226-6179
• E-mailing privacy@desktopcommunications.net

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your CCPA personal information. You may also make a verifiable consumer request on behalf of your minor child, if applicable.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected CCPA personal information or an authorized representative; in particular, we will validate your telephone number and/or email address maintained in our customer database from the communication we receive from you via email, telephone or through our online customer portal. In addition, we may also ask you to confirm your state of residence.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with CCPA personal information if we cannot verify your identity or authority to make the request and confirm the CCPA personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to CCPA personal information associated with that specific account.

We will only use CCPA personal information provided in a consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the period from the date that is the later of: January 1, 2022 or the date we first began collecting CCPA personal information about you, unless doing so proves impossible or would involve disproportionate effort, through the date of our receipt of your verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your CCPA personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance specifically Comma Separated Values (.csv).

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Financial Incentives

We offer various financial incentives. For example, we may provide discounts, coupons and other benefits for customers who sign up to receive our marketing emails. When you participate in a financial incentive, we may collect certain personal and other information from you. You can opt into a financial incentive by following the sign-up or participation instructions provided, and you have the ability to opt-out of the financial incentive, or our subsequent use of your personal information in connection with a financial incentive, at any time by contacting us at privacy@desktopcommunications.net. In some cases, we may provide additional terms and conditions for a financial incentive, which we will present to you when you sign up.

Retention of Your Personal Information

Please see Section 7 (How Long Do We Store Your Data?) of our Privacy Policy for more information.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Notice for California Residents

We reserve the right to amend this notice at our discretion and at any time. You should review this notice regularly for changes, which will be indicated by the “Last Updated” date at the top of this page. Your continued use of our website and Services following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which we collect and use your information described above and in the Privacy Policy, your choices and rights regarding such use, wish to exercise your rights under California law, or if you have a disability and need this notice in an alternative format, please contact us at:

Phone: (415) 226-6179
Website: desktopcommunications.net
Email: privacy@desktopcommunications.net
Postal Address:
Desktop Communications, LLC
Attention : Compliance Officer
525 Almanor Avenue, Suite 200
Sunnyvale, CA 94085
USA

Use of Personal Data

We may use each of the categories of TDPSA personal data listed above for one or more of the business purposes described in our Privacy Policy, or for another purpose that we describe to you when or before collecting your TDPSA personal data. We will not collect additional categories of TDPSA personal data or use the TDPSA personal data we collected for materially different, unrelated, or incompatible purposes without providing you notice and obtaining any legally required consent.

Selling or Sharing Personal Data

Disclosures of Personal Data

We may disclose any of the categories of TDPSA personal data listed above to one or more of our service providers or other third party for the purpose of helping us engage in one or more of the purposes described in our Privacy Policy, or for another purpose that we descry be to you when or before collecting your TDPSA personal data. For instance, we may sell or share your Identifiers, Commercial Information, Sensitive Personal Data and/or Internet or Electronic Network Activity Information to advertising, marketing, and analytics providers.

NOTICE: We may sell your sensitive personal data

Personal Data Automatically Collected

We automatically collect certain information when you visit, use, or navigate the Services. Please see Section 1.2 (Personal Information Collected via Automated Means) of our Privacy Policy for more information.

Actual Knowledge of Selling the Personal Data of Children under 13 Years of Age

We do not collect Personal Data directly from children known to be under 13 years of age. We will delete any Personal Data collected from children known to be under 13 years of age if we learn that we have shared their Personal Data without verification of their legal guardian, or on the basis of parental consent, as applicable.

Your Rights and Choices

The TDPSA provides consumers with specific rights regarding their TDPSA personal data. This section describes your TDPSA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your TDPSA personal data. Once we receive and confirm your verifiable consumer request (see Exercising Your TDPSA Rights), we will disclose to you:

• The categories of TDPSA personal data we collected about you.
• The categories of sources for the TDPSA personal data we collected about you.
• Our business or commercial purpose for collecting or selling that TDPSA personal data.
• The categories of third parties with whom we share that TDPSA personal data.
• The specific pieces of TDPSA personal data we collected about you (also called a data portability request).
• If we sold or disclosed your TDPSA personal data for a business purpose, two separate lists disclosing:
• sales, identifying the TDPSA personal data categories that each category of recipient purchased; and
• the business purpose(s) for which the disclosure was made, identifying the TDPSA personal data categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your TDPSA personal data that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Your TDPSA Rights), we will delete (and direct our service providers to delete) your TDPSA personal data from our records, unless an exception applies.

Correction of Personal data

You have the right to request that we correct any factual errors in your TDPSA personal data that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Your TDPSA Rights), we will update any factual errors in your TDPSA personal data from our records, unless an exception applies.

Opt-Out of Selling or Sharing of Your Data

You have the right to opt out of the sale and/or sharing of your TDPSA personal data, subject to certain exceptions. You can exercise this right by: (1) following the instructions in the Exercising Your TDPSA Rights section below or (2) visiting our Your Privacy Choices webpage, which you can also access by clicking on the “Your Privacy Choices” link at the bottom of our website. Once we receive and confirm your verifiable consumer request we will stop sharing and/or selling your TDPSA personal data (if applicable), unless an exception applies. Any opt-out choices you make will only apply to the specific email address that you provide when making the request.

Exercising Your TDPSA Rights

To exercise your TDPSA rights described above, please submit a verifiable consumer request to us by either:

• Calling us at (415) 226-6179
• E-mailing privacy@desktopcommunications.net

Only you, or your authorized agent, may make a verifiable consumer request related to your TDPSA personal data. You may also make a verifiable consumer request on behalf of your minor child, if applicable

The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected TDPSA personal data or an authorized representative; in particular, we will validate your telephone number and/or email address maintained in our customer database from the communication we receive from you via email, telephone or through our online customer portal. In addition, we may also ask you to confirm your state of residence.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with TDPSA personal data if we cannot verify your identity or authority to make the request and confirm the TDPSA personal data relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to TDPSA personal data associated with that specific account.

We will only use TDPSA personal data provided in a consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your TDPSA personal data that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance specifically Comma Separated Values (.csv).

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Denying Rights and Appeals Process

If we deny any of your rights granted by the TDPSA, you have the right to appeal our decision. You can send your appeal to us via email to privacy@desktopcommunications.net, and by including ‘Appeal’ in the subject line along with the prior request and related communications. We will notify you in writing of any action taken or not taken in response to your appeal not later than the 60th day after receiving your appeal. We will include a written explanation of the reason(s) for our decision. Additionally, you may contact the Texas Attorney General if you have concerns about the results of the appeal.

Private Right of Action and Complaints

The TDPSA does not have a “privacy right of action” provision. You may submit complaints regarding our compliance with the TDPSA via the Texas Attorney General’s website.

Retention of Your Personal Data

Please see Section 7 (How Long Do We Store Your Data?) of our Privacy Policy for more information.

Changes to Our Privacy Notice for Texas Residents

We reserve the right to amend this notice at our discretion and at any time. You should review this notice regularly for changes, which will be indicated by the “Last Updated” date at the top of this page. Your continued use of our website and Services following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which we collect and use your information described above and in the Privacy Policy, your choices and rights regarding such use, wish to exercise your rights under California law, or if you have a disability and need this notice in an alternative format, please contact us at:

Phone: (415) 226-6179
Website: desktopcommunications.net
Email: privacy@desktopcommunications.net
Postal Address:
Desktop Communications, LLC
Attention : Compliance Officer
525 Almanor Avenue, Suite 200
Sunnyvale, CA 94085
USA