1. Terms and Definitions
1.1. For the purposes hereof, the following terms and definitions are used:
- Website – the website with the domain name “tocaller.com”.
- Tocaller – the cloud business phone system and its web version.
- We (Tocaller) – Tocaller
- You (User) – any individual person or company that is using functional features of the Services and has reached the age of full legal capacity in accordance with the legislation of the country of their citizenship.
- Services – the website with the domain name “tocaller.com” and the “Tocaller” platform (including its web version).
2. Scope
2.1. This Policy shall govern any interaction between Tocaller and users related to personal data when using the Services.
2.2. This Policy neither governs nor determines the rights and obligations of third parties. It also does not apply to third-party applications or software available to users for integration with the Services. Thus, if you integrate any third-party applications with our Services, we will not be able to control how such applications process your personal data.
2.3. Please do not use the Services if you do not agree with the provisions and scope hereof.
3. Who processes your personal data?
3.1. The following legal entity is processing your personal data:
- Tocaller
- Email: legal@tocaller.com
4. What personal data do we collect?
4.1. Personal data is any information that could enable direct or indirect identification of a person (e.g., their name, passport details, online identifier, etc.).
4.2. In accordance herewith, personal data may be collected both directly and indirectly.
- Personal data are collected directly when you provide them voluntarily (e.g., when registering in Tocaller).
- Indirect collection of personal data may occur automatically when accessing the Website, including through cookies. The processing of cookies is managed by this Policy (sections 8 and 9).
4.3. We collect the required minimum of your personal data for the purposes hereof:
- IP address
- First and last name
- Postal and email address
- Phone number
- Selfie
- Card number
- Interest in Tocaller products
- Information about the company of which you are the owner (company’s name, copy of official documents showing that you are indeed the owner, address, UIN (Unified Identification Number), email address)
- Referral site that led you to our Website
- User Agent string
- Type and version of the browser
- Type of device
- Type and version of the operating system
Tocaller may also use your IP address to determine approximate geographic location, internet service provider, and other location-related information.
5. Data Processing, Storage and Protection
5.1. “Processing” is understood as at least one of the following: storage, modification, retrieval, disclosure, structuring, use, destruction as well as any other action with respect to your personal data.
5.2. We will process your personal data only for the following purposes and on the following legal grounds.
- Purpose of processing personal data – we process your registration data to create and register your account in Tocaller. Your registration data will also be used so that we can fulfill our legal obligations under the Terms and Conditions.
- Terms for processing personal data – until your account is deleted or as long as there was no request to delete the data.
5.3. Subject to data anonymisation, your personal data may be used by Tocaller for any other purposes.
5.4. We do not use automated decision-making tools (including profiling) in personal data processing. Automated decision-making tools primarily include those systems that process your personal data without human intervention to make decisions that may have potential legal consequences for you.
5.5. Your personal data will be stored on the servers of our contractors mentioned in this Policy.
5.6. Employees of Tocaller shall also take all necessary organizational, legal and technical measures available to us for protection of your personal data. Users of the Services shall also be responsible to the maximum possible extent for the provision of accurate account details, keeping passwords and any other information required for authorisation confidential and its protection from unauthorized access by third parties.
5.7. If your personal data are transferred to any third party, the storage time will be determined in accordance with the privacy policy of such a third party. We will do our best to inform them about the deletion of your personal data if necessary.
5.8. Any personal data collected and processed hereunder shall be properly protected unless:
- you consent to their disclosure;
- such personal data are anonymised;
- such personal data are subject to disclosure under the applicable law.
5.9. We will do our best to keep your personal data protected by limiting the number of people who have access to your personal data, using anti-virus software, Web Application Firewall and traffic filtering for our servers that store personal data. However, despite any possible measures taken on our part, we cannot guarantee full protection of the Services against information security risks.
6. Transfer and Disclosure
6.1. Your personal data could be transferred to the following legal entities:
- DigitalOcean, LLC (USA)
Address: 101 6th Ave, New York, USA
DigitalOcean may have access to the personal data that you provide to us because we use their platform to host Tocaller. - Stripe (USA)
Address: 510 Townsend Street, San Francisco, CA 94103, USA
Stripe may have access to the personal data that you provide to us because we use their services for making payments in Tocaller. - Google Inc. (Ireland)
Address: Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland
Google may have access to the personal data that you provide to us because we use their services for analytics and Website optimization. - Pipedrive OÜ (Estonia)
Address: Mustamäe tee 3a, Tallinn, 10615, Estonia
Pipedrive may have access to the personal data that you provide to us because we use their CRM platform to operate our Website. - Crisp Chat
We use Crisp Chat for communicating with users on our Website, including online chat. Crisp Chat may collect and process personal data such as name, email address, and other information provided by users. - Amazon (USA)
Address: 440 Terry Avenue North, Seattle, US-WA 98109
We use AWS to store images and other data that may contain personal information, such as passport photos. AWS provides a high level of security and compliance with international data protection standards. - UAB "iDenfy" (Lithuania)
Address: Baršausko street 59, 51423 Kaunas, Lithuania
We use iDenfy for user identity verification. The service may collect and process personal data, including identification documents, to ensure security and compliance with regulatory requirements. - Cookie Script
Cookie Script helps us manage user consent for the use of cookies on our Website. The service may collect data about user preferences regarding cookies and ensures compliance with GDPR requirements. - Featurebase (Estonia)
Address: Cordnet OU, Kaluri tee 4, Viimsi, Harjumaa 74001, Estonia
We use Featurebase to collect user feedback on the functionality of our system, conduct surveys, and allow users to participate in the roadmap of our product. To vote and participate, users need to register on this service.
6.2. To ensure the provision of our services, your personal data may also be transferred to a legal entity created after reorganization of Tocaller should it be necessary.
6.3. Please note that disclosure of your personal data may be required in accordance with the law and judicial procedures or at the request of public bodies of the country of your stay or other countries. Your personal data will be disclosed if it is necessary for the purposes of national security, law enforcement, protection of the rights and legitimate interests of Tocaller and third parties or for other substantial public interest purposes.
7. Children's Personal Data
7.1. To the extent to which it is not prohibited by the applicable law, we do not authorize the use of our Services by individuals who have not reached the age of full legal capacity in accordance with the legislation of the country of their citizenship. We do not collect and process (at least knowingly) their personal data without the consent of their legal representatives.
8. Tracking Data and Cookies
We and our partners, such as marketing partners and providers, use cookies, which are text files placed on your computer, to help us analyse how users use our Products, and similar technologies (e.g. web beacons, pixels, tags and device identifiers) to recognise you and/or your device(s) on, off and across different devices and our Products, as well as to improve the Products we are offering, to improve marketing, analytics or website functionality. The use of cookies is standard on the internet. You may adjust your browser settings to prevent the reception of cookies, or to provide notification whenever a cookie is sent to you. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to access the full functionality of our Sites.
Website traffic volume and patterns, such as the number of visitors to a given website or page on a daily basis is typically referred to as “Tracking Data”. This type of indirectly collected information is gathered through various means, such as an IP address, which is a number that is automatically assigned to your computer whenever you are surfing the web. Web servers, the computers that “serve up” web pages, automatically identify your computer by its IP address. When you visit any of our Sites, our servers log your computer’s IP address.
For more information about the names of the cookies used on our Sites, the cookie provider (Tocaller, third-party analytics partner, or third-party advertising partner), the purpose of the cookie (necessary for website to function, performance, or marketing), and the cookie life cycle, you may click on the Cookie Settings link found at the footer of each Site. This link allows you to set your cookie preferences and control your cookie settings at any time.
9. How to delete cookies and opt out of targeted advertising and analytics
Like most online services, we and our partners use cookies and similar technologies to provide and personalize the Service, analyse use, target advertisements and prevent fraud. You can disable cookies in your browser settings, but some parts of the Service may then not function properly.
If you wish to limit behaviourally targeted advertising, you can do so by limiting ad tracking in your device settings. Please note that opt-outs are specific to each browser and device and it may take a little bit of time before your opt-out choice will take effect.
For display advertising on the Web, you can also adjust your browser settings to limit certain tracking by means of cookies (e.g. for Chrome https://support.google.com), and by visiting the following sites: http://www.aboutads.info/choices and http://www.youronlinechoices.eu.
Do Not Track: Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals. For more information on “Do Not Track” visit http://www.allaboutdnt.com.
10. User Rights
10.1. The rights of users related to the collection and processing of personal data shall be determined in accordance with the applicable law.
10.2. If you are a citizen of a European Union member state, your rights with respect to the collection and processing of personal data may be determined in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC).
In accordance with the General Data Protection Regulation you may access, change and/or make additions to, delete, restrict processing and migration of, object to or withdraw your consent to the processing of your personal data as well as lodge a complaint to the supervisory authority.
10.3. To exercise any of your rights above and any other rights guaranteed to you by applicable law, and if you have any related questions or issues related to your personal data, write to legal@tocaller.com.
Tocaller reserves the right to verify your identity before exercising any rights at your request. In case we are not able to exercise any of your rights or provide any information, we will also explain the reasons to you.
11. Final Provisions
11.1. This Policy may be amended and (or) modified at any time of the Services operation. In this case, a notice with information about the changes accompanied by the new version of the Policy and date of its adoption will be published in the Services. The User of the Services must read and acknowledge the new version hereof.
11.2. The Policy is an agreement between us and the User about the use of the Services. Any other pre-existing written or oral agreements or arrangements with respect to such use are hereby canceled.
11.3. If any provision hereof is invalid or unenforceable, other provisions shall remain valid and enforceable to the fullest extent permitted by applicable law.
11.4. Failure to enforce your strict compliance herewith cannot be construed as our waiver of any provision hereof or any right hereunder.