WE RESPECT YOUR PRIVACY AND WILL NOT COLLECT, SELL OR SHARE YOUR INFORMATION, OR THAT OF YOUR CUSTOMERS/CONSUMERS, EXCEPT AS AUTHORIZED BY YOU AND ALLOWED OR REQUIRED BY LAW. WE DO NOT MONITOR, COLLECT, STORE OR SHARE YOUR DATA EXCEPT TO THE EXTENT NECESSARY TO FULFILL OUR LEGAL OBLIGATIONS AND CONTRACTUAL DATA PROCESSING OBLIGATIONS TO BUSINESS CLIENT-USERS.
This Privacy Policy supersedes all prior versions and sets forth the data privacy practices of CallDynamics AI, LLC (“we,” “us,” or “our”) and applies solely to visitors and users (“consumers” or “you”) of our website and other online applications owned and operated by us, including to the authorized business users of our AI-powered quality control software products. This policy does not apply to any third-party websites we may link to and we assume no responsibility or liability regarding the same. Our products and services are not intended or offered to individual consumers—they are intended for businesses only. Regardless, some consumers who might visit our website or otherwise provide personal information to us have certain statutory rights related to the same.
If you are a registered user-customer of our software products, your use of the same and our use of data collected while providing you with those products, is governed by the specific Services Agreement (“SA”) or Software as a Service (“SaaS”) agreement entered into between you and us, along with any addendums and written modifications thereto.
We adopt this policy to comply with the California Consumer Privacy Act of 2018 (“CCPA”), as amended, and other similar U.S. state data privacy laws, many of which are new. Nothing herein may be construed as creating any obligations for us beyond what is required by the law.
Disabled users who need these disclosures presented in an alternate medium, may contact us at the email address or telephone number listed further below.
Information Subject to the Health Information Portability and Accountability Act (HIPAA)
Registered user-customers who use our software to monitor, track, record or transcribe telephone calls which might contain health information protected by HIPAA, are required to execute a separate, written business associate agreement (BAA) with us before our services begin. Any such information stored in any form is encrypted in accordance with then-current industry standards and only the user-customer holds the encryption key. For example, any transcription rendered of a user-customer’s telephone calls will be stored at most for sixty (60) calendar days, at which point the same is automatically purged, unless we have agreed otherwise in writing. During the temporary transcription retention period, only the user-customer will hold the encryption key and be able to retrieve and unencrypt the same.
Financial Information related to Publicly-Traded Companies subject to the Sarbanes Oxley Act
Registered user-customers who are public companies subject to the Sarbanes-Oxley (“SOX”) Act or other SEC rules may use our services and software, subject to an executed SA or SaaS. However, our software and services may not be used and are not intended for documenting the accuracy of financial reports provided to the SEC, investors or the general public. Many public companies now employ technology solutions, including artificial intelligence, in an attempt to enforce and even execute internal controls regarding SOX compliance. Our services and software, however, are intended only for automated quality control monitoring of telephone calls generally and not for documenting SOX compliance or executing any SOX-related obligations or reporting. In short, our tools are not used for SOX compliance—they are used for the company to perform call monitoring and reporting only.
Information for Consumers Specifically, who may visit our website or whose data we may monitor and temporarily store at the request of our business user-customers:
Your Rights as a Consumer
Depending upon where you live, you may have significant rights related to the privacy of your personal information, including:
Right to access your data.
Right to correct your data.
Right to have your data deleted.
Right to opt-out of certain forms of processing of your data.
Right to portability of your data.
Right to opt-out from the sale of your data.
Right to opt-in for certain sensitive data processing.
Right against certain forms of automated decision-making about your data.
Right to bring a private action to protect your data.
Information We Collect
We collect your personal information on our website in order to contact you with the information you request. We also collect your information in order to allow us and our conspicuously listed/disclosed partners to contact you with the marketing offers you have requested or which we believe you may be interested in based upon the information you submit.
When you type your name and telephone number into our website and submit the same to us, you agree that this shall act as your electronic signature and express written consent that CallDynamics AI LLC, along with its agents, assigns, affiliates and listed partners, may call and text you at the number(s) provided (or provided later), with marketing offers and other information, including possibly using an automatic telephone dialing system, pre recorded messages, and artificial/AI voices. Consent is not a condition of purchase and you may opt-out later. Standard rates apply and all calls may be recorded and monitored. By consenting, you are specifically requesting that we share your information in this manner and for these purposes. You agree to do business with us electronically and to receive copies of these terms electronically. You can withdraw your electronic signature or request a paper copy by emailing us at hello@calldynamics.ai.
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). Specifically, we have collected the following categories of personal information within the last twelve (12) months:
CATEGORY EXAMPLES COLLECTED
A Identifiers
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, and email address.
YES
Social Security number, driver's license number, passport number, or other similar identifiers.
YES
B Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, address, telephone number, and education. Some personal information included in this category may overlap with other categories.
YES
Signature, Social Security number, physical characteristics or description, passport number, driver's license or state identification card number, insurance policy number, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
YES
C Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, sex (including gender, gender identity, and veteran or military status.
YES
Medical condition, physical or mental disability, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, and genetic information (including familial genetic information).
YES
D Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
YES
E Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
YES
F Internet or other similar network activity.
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
YES
G Geolocation data.
Physical location or movements.
YES
H Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
YES
I Professional or employment-related information.
Current or past job history or performance evaluations.
YES
J Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
YES
K Inferences drawn from other personal information.
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
YES
We obtain the categories of personal information listed above from the following categories of sources:
Directly from third-party marketers and their agents, who collect permission from you to share your information with us and our marketing partners.
Directly from our clients or their agents. For example, from documents that our clients provide to us related to the services for which they engage us.
Directly and indirectly from activity on our website.
From third-parties that interact with us in connection with the services we perform. including for example from advertising networks, consumer data resellers, data analytics providers, internet service providers, social networks and operating systems and platforms. We also collect information from government entities.
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
To fulfill our data processing obligations to business client-users.
To document our compliance with the law.
To provide it to the third party or parties listed in the website form on which you provided your information, per your request.
To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
To provide you with information, products or services that you request from us.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
To improve our website and present its contents to you.
For testing, research, analysis and product development.
As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in the CCPA and similar state data privacy statutes.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party (eg: marketing partners, service providers and data aggregators) for a business purpose. When we disclose your information for business purposes our contracts state the purpose and require all parties to use personal information for the sole purpose of fulfilling the contract and also that all personal information be kept confidential.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose: personal identifiers, protected classification characteristics, commercial information, biometric information, internet or other electronic network activity information, geolocation, sensory data (in the form of a transcription of the same) professional or employment information, geolocation information, unique personal identifiers and inferences or conclusions drawn from personal information.
We disclose your personal information for a business purpose to the following categories of third parties:
Purchasers or our lead data.
Marketing partners.
Our affiliates.
Service providers.
Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services provided to you.
In the last twelve (12) months, we have sold the categories below of personal information for a business purpose: (Note personal information is generally not considered “sold” if it is shared at the specific request of the consumer.) personal identifiers, protected classification characteristics, commercial information, biometric information, internet or other electronic network activity information, geolocation, sensory data (in the form of a transcription of the same) professional or employment information, geolocation information, unique personal identifiers and inferences or conclusions drawn from personal information.
Basic Categories of Rights
As set forth herein, if you live in California or a similar data privacy state, you may have most or all of the following rights related to the privacy of your personal information, including:
Right to access your data.
Right to correct your data.
Right to have your data deleted.
Right to opt-out of certain forms of processing of your data.
Right to portability of your data.
Right to opt-out from the sale of your data.
Right to opt-in for certain sensitive data processing.
Right against certain forms of automated decision-making about your data.
And, only in California currently, a right to bring a private action to protect your data.
Access to Specific Information and Data Portability Rights
Residents of certain U.S. states, such as California, for example, have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (if we can), we will disclose to you:
The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: sales, identifying the personal information categories that each category of recipient purchased; and disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
In certain cases, we might not be able to successfully verify your identity, or the information may be too sensitive to disclose. In such cases, we will notify you why we were not able to provide the information to you.
Deletion Request Rights
After we have verified your identity and that you reside in one of the current, active data privacy states, you have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the law.
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 information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by filling out the request in the below email link: hello@calldynamics.ai.
Please note that only you or a person properly registered that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
When proving your identity to us, you will need to either provide a legible copy of your government-issued photo ID, or if not, then by providing at a minimum at least 3 specific data points which we already maintain about you. Often additional data points will need to be provided and possibly a signed affidavit. We will try not to collect more personal information than is necessary to successfully verify your identity.
Response Time and Format
We will generally confirm receipt of your Request within 10 days and fulfill your request within 45 days, or up to 90 days if we notify you as to why we need more time.
We will deliver our written response by mail or electronically. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. 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 personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.
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.
Personal Information Sales Opt-Out and Opt-In Rights
If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 18 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 18 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following webpage and sending us a message.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back into personal information sales at any time by visiting our website and sending us a message. We will only use personal information provided in an opt-out request to review and comply with the request.
Minors
Minors may not use our websites or submit information to us. We do not intentionally collect information about minors.
Non-Discrimination
We will not discriminate against you for exercising any of your privacy rights. Unless permitted by the law, 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
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
General Data Protection Regulation (“GDPR”)
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us at hello@calldynamics.ai.
If you wish to be informed what Personal Information, we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Information directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Information.
The right of restriction. You have the right to request that we restrict the processing of your Personal Information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the European Economic Area (EEA).
California Consumer Privacy Protection Act (“CCPA”)
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us at hello@calldynamics.ai.
If you wish to be informed what Personal Information, we hold about you and if you want it to be removed from our systems, please contact us.
Under the Consumer Privacy Protection Act, you have the following data protection rights:
The right to access data. This right to access data grants a person the ability to request that a business confirm whether it has personal information about him or her, the type of personal information that the business keeps about the individual, and/or a copy of the specific information that the business has on file. For inquiries click the following link: What information do you have on me?
The right to be forgotten. The right to be forgotten grants the ability of a person to request that a business delete the personal information that it holds about them.
The right to opt-out from having information sold. The right to opt-out grants the ability of a person to direct that a business cannot sell the personal information that it holds about them.
The right to opt-in to have information sold. The right to opt-in refers to the requirement within the CCPA that a business cannot sell the personal information of a consumer that is less than 16 years old unless the business has received “opt-in” consent – i.e., affirmative authorization for the sale of the information. If a child is between the ages of 13 and 16, they can provide the necessary opt-in consent directly to the business. If a child is under the age of 13, a parent or guardian must provide the consent.
The right to receive services on equal terms. The right to receive services on equal terms prevents us from discriminating against you when exercising your rights under the CCPA.
In order to exercise your right under the CCPA, you may make a request to have any personal data collected removed by clicking the following link: Do Not Sell My Personal Information. Requests to remove personal information will remove all past information collected. Please note that we may ask you to verify your identity before responding to such requests. Revisiting our websites, or using any of our Services, may gather previously deleted information.
Other California Rights
California's "Shine the Light" law (Civil Code Section § 1798.83) provides California residents with the right to request information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make a request, please contact us at the following email or by filling out the request in the below email link: hello@calldynamics.ai.
Contact Us
If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under applicable privacy laws, please do not hesitate to contact us at:
CallDynamics AI, LLC
8 The Green, Ste A
Dover, DE 19901, United States