Privacy Policy

In the preceding 12 months, we may have collected the following categories of data (including, where applicable, personal data):

• Publicly available data from government records;
• Deidentified or aggregated consumer or user data;
• Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers such as signature;
• Internet or electronic network activity data, including, but not limited to, browsing history, search history, and data regarding a user’s interaction with an Internet website, application, or advertisement;
• Geolocation data;
• Audio, electronic, visual, or similar data;
• Inferences drawn to create a profile about a user reflecting the user’s preferences, characteristics, and personal attributes;
• Account data including email, account user name, account password, phone number, company name;
• Customer data, which may include a variety of customer-provided data;
• Device information;
• Web server access log data;
• Payment data;
• Details on usage or potential uses of Company Services and business requirements;
• URLs that can be invoked to communicate with user applications;
• The IP address sending requests to the Website or the Company Services or receiving requests from the Company Services;
• Phone numbers;
• Actions performed while using Company Services, including portal actions, API requests made, and Company Performance Command Language (PerCL) commands used;
• Call detail information and users’ telephone numbers that are passed on to us; and/or
• Company product usage data.

We may collect data (including, where applicable, personal data) automatically from access and usage of our products, Website and Company Services, from unaffiliated parties, and by using or combining data (including, where applicable, personal data) to derive additional data (including, where applicable, personal data) about users of our products, Website and Company Services.

We may also collect data (including, where applicable, personal data) automatically, such as product usage data, via tracking technologies such as cookies and web beacons (to help us understand how our web portal and products are used so we can improve user navigation experience) and via application and system logging (to track IP address, device information, operating system, browser ID, and a risk score). Some information may be collected via third parties, such as a risk score based on device and browser information collected during sign up for the Customer Services.

Some content on the Website, the Customer Services, or in our communications may be served by third parties, including content providers, service providers, and application providers. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect data about users when they interact with our website and other communications. The data they collect may be associated with personal information or they may collect information, including personal data, about online activities over time and across different online services.

We may share data for the following purposes.

• Payment information may be collected by our payment processors, which may share data with us.
• Device/browser information, such as at the time of enrollment, may be shared with third-party risk assessment providers to protect our platform and its users from attacks, fraud, and other abuse.
• Some data may be shared with and received from telephony operators to the extent necessary to route and connect communications from the sender to the intended recipient. How those telephony operators handle the data may be determined by those operators’ own policies and local regulations.
• When necessary, we may share data with telecommunications carriers.
• Some data may be shared with and received from third-party fraud prevention and security service providers to protect users from malicious activity.
• We may access and disclose information to law enforcement officials, including the content of communications, if: (i) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or government request; (ii) to enforce our agreements and policies; (iii) to protect the security or integrity of our services and products; (iv) to protect ourselves, our other customers, or the public from harm or illegal activities; or (v) to respond to an emergency which we believe in good faith requires us to disclose data to assist in preventing a death or serious bodily injury.
• Company may share data with its affiliated companies or third-party companies that provide and support the Services.

We may apply appropriate security controls to protect the privacy of user data (including, where applicable, personal data) both online and offline. These measures may vary based on the sensitivity of the data that we collect, process and store and the current state of technology.

We may provide access to customers to make changes to their account data via the account portal, including to request deletion of their account. Deletion of a customer’s account may result in permanent loss of access to that account and all data previously accessible through the account. Certain data associated with that account may nonetheless remain on Company’s servers. For instance, call detail records and billing information may be retained. Similarly, data associated with customer accounts that we are required by law to maintain will not be deleted.

Customers may request deletion of their Company account by contacting us at the information provided below.

Our site may use cookies and similar technologies to keep customers logged in and to track how users use our portal and sites. A cookie is a small piece of code that a website asks a user browser to store on the associated computer or mobile device. The cookie allows the website to “remember” user actions or preferences over time. Most browsers support cookies, but users can set their browsers to decline them and can delete them whenever they like.

Use of these tracking technologies enables us to provide personalized information, to remember product preferences, to keep our sites running efficiently, to help users obtain information they may need and to provide a secure environment for transactions. Do-not-track signals are web browser settings that request that a web application disable its tracking of an individual user.

Company may use certain trusted third parties to help us provide, improve, promote, and protect the services we provide. These third parties may access, process, or store user data to perform tasks for the purposes we’ve authorized, and we may require them to provide at least the same level of protection for user data as described in this Privacy Policy. We may also share with third parties aggregated or anonymized data that does not directly identify users.

Company websites may contain links to other sites. We are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by Company Services and websites.

Laws of certain jurisdictions, including, for example, California’s CCPA (California Consumer Protection Act) and the European Union’s (EU) General Data Protection Regulation (GDPR), provide residents, visitors, users, or others who reside, or as applicable, in those jurisdictions the following rights:

• Right to Know. The right to know about the personal information a business collects about them and how it is used and shared; and/or
• Right of Access. The right to know exactly what information is held about them and how it is processed; and/or
• Right of Correction. The right to have personal data rectified if it is inaccurate or incomplete; and/or
• Right to Deletion (also known as “the right to be forgotten”). The right to having their personal data deleted or removed without the need for a specific reason as to why they wish to discontinue (with certain exceptions in certain jurisdictions; see also section below, titled “Right to Delete”); and/or
• Right to Limit Processing. The right to block or suppress processing of their personal data; and/or
• Right to Portability. The right to retain and reuse their personal data for their own purpose; and/or
• Right to Object. In certain circumstances in certain jurisdictions, the right to object to their personal data being used; and/or
• Rights of Automated Decision Making and Profiling. The GDPR has put in place safeguards to protect individuals against the risk that a potentially damaging decision is made without human intervention; and/or
• Right to Non-Discrimination. The CCPA has put in place safeguards to protect individuals against discrimination for exercising their CCPA rights (see also section below, titled “Right to Non-Discrimination”).

To exercise any of the above rights, users are invited to contact us at the information provided below. We will consider and process requested within a reasonable period of time. Under certain circumstances the applicable jurisdiction (for example, GDPR or CCPA) may limit exercise of these rights.

This section is our Privacy Notice for California Residents (“Notice”) and applies to visitors, users, and others who reside in the State of California (“consumers,” or “you/your”) and use our Services. This notice is provided to comply with the CCPA and any terms defined in the CCPA have the same meaning when used in this Notice.

This California Notice does not address or apply to: our handling of personal information that is exempt under Section 1798.145 of the CCPA; personal information we collect about individuals who are not California residents; or personal information we collect about individuals acting in their capacity as representatives (“B2B contacts”) of our customers, prospective customers, vendors and other businesses that we conduct business with, to the extent we use their personal information in the context of conducting our business relationship with the respective business.

We may collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("Personal Information"). Personal Information does not include publicly available information from government records; deidentified or aggregated consumer information; or information excluded from the CCPA’s scope.

Right to Know: California residents may request that we disclose to them what. Personal Information we may have collected, used, shared, or sold, if any, about them during the 12 months before the request, and why we may have collected, used, shared, or sold that information. Specifically, California residents may request that we disclose:

• The categories of Personal Information we may have collected about them;
• Specific pieces of Personal Information we may have collected about them;
• The categories of sources from which we may have collected Personal Information about them;
• Our business or commercial purpose for collecting or selling that Personal Information;
• The categories of third parties with whom we share that Personal Information; or
• If the business sold or disclosed their Personal Information for a business purpose, two separate lists disclosing: (i) sales, identifying the Personal Information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

Right to Delete. California residents may request that we delete Personal Information we collected from them and to tell our service providers to do the same. However, there are exceptions that allow us to keep their Personal Information, such as where retention of Personal Information may be necessary to:

• Complete the transaction for which the Personal Information was collected, provide a good or service requested by them, or reasonably anticipated within the context of the Company’s ongoing business relationship with them, or otherwise perform a contract between the Company and them;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another user to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the Company’s deletion of the Personal Information may render impossible or seriously impair the achievement of such research, which we understand each user consents to absent a written notice to the contrary by the user;
• To enable internal uses that are reasonably aligned with user expectations based on their relationship with the Company;
• Comply with a legal obligation; or
• Otherwise use the personal information, internally, in a lawful manner that is compatible with the context in which the Personal Information was provided to us.

Right to Non-Discrimination. California residents may not be denied goods or services, charged a different price, or provided a different level or quality of goods or services just because they exercised their rights under the CCPA. However, if they refuse to provide their Personal Information, or ask us to delete or stop selling their Personal Information, and that Personal Information or sale may be necessary for us to provide them with goods or services, we may not be able to complete that transaction. If they ask us to delete or stop “selling” their Personal Information, they may not be able to continue participating in any services or products we offer in exchange for Personal Information.

Please note the following on Personal Information requests by California residents:

1. A personal information request may be made no more than twice in a 12-month period;
2. Company may need to collect information from them to verify their identity;
3. If the Company cannot verify their identity, we may deny their request and inform them that we were unable to verify their identity; and
4. Company will respond within 45 days of receiving a personal information request.

Additionally, Colorado (per the Colorado Privacy Act), Connecticut (per the Connecticut Data Privacy Act), Virginia (per the Virginia Consumer Data Protection Act), and Utah (per the Utah Consumer Privacy Act) each provide their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Data portability.
• Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

• Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose.
• Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

Nevada further provides its residents with a limited right to opt-out of certain personal information sales.

This section is our Privacy Notice for individuals in the European Economic Area (EEA). This notice is provided to comply with the GDPR, and any terms defined in the GDPR have the same meaning when used in this Notice. Regarding Processing Personal Data under the GDPR, we may process Personal Data under the following conditions:

• Consent: We have received consent for processing Personal Data for one or more specific purposes;
• Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with the user and/or for any pre-contractual obligations thereof;
• Legal obligations: Processing Personal Data may be necessary for compliance with a legal obligation to which we are subject;
• Vital interests: Processing Personal Data may be necessary in order to protect user vital interests or of another natural person;
• Public interests: Processing Personal Data may be related to a task that may be carried out in the public interest or in the exercise of official authority vested in the Company;
• Legitimate interests: Processing Personal Data may be necessary for the purposes of the legitimate interests pursued by the Company.

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Rights under the GDPR

‍The Company undertakes to respect the confidentiality of Personal Data and allow users to exercise their rights.

Users may have the right under this Privacy Policy, and by law if they are within the EU, to:

• Request access to Their Personal Data. The right to access, update or delete the information we have on them. Whenever made possible, they can access, update or request deletion of their Personal Data directly within their account settings section, if applicable. If they are unable to perform these actions themselves, they are invited to contact us to assist them. This also enables them to receive a copy of the Personal Data we hold about them.
• Request correction of the Personal Data that We hold. The right to have any incomplete or inaccurate information we hold corrected.
• Object to processing of Personal Data. This right may exist where we are relying on a legitimate interest as the legal basis for our processing and there is something about a user’s particular situation, which makes them want to object to our processing of their Personal Data on this ground. Users also have the right to object where we are processing their Personal Data for direct marketing purposes.
• Request erasure of Your Personal Data. The right to ask us to delete or remove Personal Data when there is no good reason for us to continue processing it.
• Request the transfer of Your Personal Data. Personal Data may be provided to the associated user in a structured, commonly used, machine-readable format. This right only applies to automated information which the user initially provided consent for us to use or where we used the information to perform a contract with the user.
• Withdraw Your consent. The right to withdraw their consent on using their Personal Data. If consent is effectively withdrawn, we may not be able to provide that user with access to functionalities of the Service.

Exercising of Privacy Rights

‍Users may exercise, as applicable, their rights of access, rectification, cancellation and opposition by contacting us at privacy@prosodica.com with “Privacy Request – GDPR.” Please note that we may ask for verification of identity before responding to such requests. If a request is made, we will try our best to respond to the request as soon as possible.

Under the GDPR, EU individuals have the right to complain to a Data Protection Authority about our collection and use of their Personal Data. For more information, users in the European Economic Area (EEA) can contact their local data protection authority in the EEA.

To exercise the access, data portability, and deletion rights described above, California or other state residents may submit a verifiable request to us by either:

• emailing us at privacy@prosodica.com with “Privacy Request” in the subject line; or
• writing to us at:

Vail Systems, Inc.
Attn: Prosodica Data Privacy
570 Lake Cook Road STE 400
Deerfield, IL 60015

Accessing and Uploading Personal Information and Opting-Out‍

If a user would like to access, update, or modify their Personal Information or request us to delete their Personal Information, they may do so by contacting us at the contact information listed above. Further, where applicable, if they would like to opt-out of receiving emails or other communications directly from us, they may do so by following any instructions included in the email or other communication or by contacting us at the contact information listed below. Opting-out from our communications or modifying, updating, or deleting their Personal Information will not result in the modification, updating, or deletion of any Personal Information that may reside in back-up or disaster-recovery storage.

Do Not Track Signals

‍Where applicable, certain web browsers and other devices users may use to access the website may permit them to indicate their preference that they do not wish to be “tracked” online. Our website may not respond to "Do Not Track" signals at this time[1] .

Children’s Data

‍We do not knowingly collect any personal information directly from children under the age of 13. If we discover we have received any information from a child under the age of 13, we will take reasonable steps to delete that information as quickly as possible. If a user believes we have any information from or about a child under the age of 13, they should contact us at compliance@prosodica.com.

Links

‍Our Website may contain links to third-party websites, including links that enable users to share the contents of our website through various social media platforms. If a user clicks on one of those links, they may be taken to websites we do not control and to which this Privacy Policy does not apply. We are not responsible for such third-party websites, and we encourage users to carefully read the privacy policies and statements of those websites.

Business Transfers

‍In the event of any sale, merger, reorganization, restructuring, dissolution or similar event involving our business or assets, personal data may be part of the transferred assets.

Dispute Resolution

‍For any complaints regarding our compliance with this privacy policy, please contact us. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with this privacy policy. If there are any unresolved privacy or data use concerns that we have not addressed satisfactorily, please see our Terms for further information.

Notifications About Changes to this Privacy Policy

‍We may update this Privacy Policy as necessary to reflect changes we make and to satisfy legal requirements.

If we decide to make any changes to our privacy policy, we may post those changes to this privacy statement, the homepage, or other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected.

If, however, we are going to use users’ personally identifiable information in a manner different from that stated at the time of collection we will notify users via email. However, if users have opted out of all communication with the Website, or deleted/deactivated their account, then they will not be contacted.

In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we may post a prominent notice on our website notifying users of the change. In some cases where we post a notice, we may also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.

Contact Us

‍If there are any questions or concerns regarding this statement, we can be reached by sending an email to privacy@prosdica.com with “Privacy Policy Inquiry” in the subject line. Or, if preferable, we can be reached by writing to us at:

Vail Systems, Inc.
Attn: Prosodica Data Privacy
570 Lake Cook Road STE 400
Deerfield, IL 60015

This Acceptable Use Policy (“AUP”) is incorporated by reference into and governed by the Company Terms of Service (“Terms”). This AUP describes actions that Company prohibits when any party uses the Company Services or the Website. Capitalized terms that are not defined in this AUP are defined in the Terms, and the Terms take precedence over any conflicting provisions in this AUP. You, the user (“Customer” or “you”), may not use Company Services or the Website without agreeing to this AUP. Thus, you agree not to use, and not to encourage or allow any other person or entity to use, the Company Services in prohibited manners, including but not limited to the following:

1. You will not attempt to bypass or break any security mechanism on any of the Company Services or use the Company Services in any other manner that poses a security or service risk to Company or any of its users.
2. You will not attempt to reverse-engineer the Company Services in order to find limitations, vulnerabilities, or evade filtering capabilities.
3. You will not use the Company Services in any manner that may subject Company or any third party to liability, damages, or danger.
4. You will not launch or facilitate, whether intentionally or unintentionally, a denial-of-service attack on any of the Company or the Company Services or any other conduct that adversely impacts the availability, reliability, or stability of the Company Services.
5. You will not transmit any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs.
6. You will not use the Company Services in any manner that violates any industry standards, any third party policies including all of the applicable guidelines published by governmental agencies, accepted industry associations, or requirements that Company may communicate to its customers including any usage requirements.
7. To the extent applicable, you will not engage in any unsolicited advertising, marketing or other activities, including any activities that violate anti-spam laws and regulations including the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act (or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction).
8. To the extent applicable, you will not use the Company Services in connection with any unsolicited or harassing messages (commercial or otherwise) including unsolicited or unwanted phone calls, SMS or text messages, voice mail, or faxes.
9. To the extent applicable, you will not use the Company Services to harvest or otherwise collect information about others, including email addresses or phone numbers, for use outside of the Company Services.
10. You will not use the Company Services to engage in or in connection with fraudulent activity.
11. You will not violate or facilitate the violation of any local, state, federal, or foreign law or regulation, including laws and regulations regarding the transmission of data or software.
12. You will not take any action to participate in, encourage, or promote any activity prohibited under this AUP or the Terms.
13. You will not use the Company Services to transmit any material that infringes the intellectual property rights or other rights of third parties.
14. You will not use the Company Services to transmit any material that is libelous, defamatory, discriminatory, or otherwise malicious or harmful to any person or entity.
15. You will not create a false identity or forged email address or header, or phone number, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message or phone call using the Company Services, or any component of the Company Services, in any manner not authorized by Company.

If you have questions or concerns regarding this AUP, you may send an email to legal@prosodica.com with “Attn: General Counsel” in the subject line. Or, if you prefer, please write to us at:

Vail Systems, Inc.
Attn: General Counsel
570 Lake Cook Road STE 400
Deerfield, IL 60015