This privacy statement covers the site www.whistlephone.com and the Whistle Phone® Service. Because Vail Systems, Inc. wants to demonstrate its commitment to its users' privacy, Vail Systems, Inc. is disclosing its information gathering practices.
• What personally identifiable information Vail Systems, Inc. collects.
• How Vail Systems, Inc. uses the information.
• With whom Vail Systems, Inc. may share user information.
• What choices are available to users regarding collection, use and distribution of the information.
• What types of security procedures are in place to protect the loss, misuse or alteration of information under Vail Systems, Inc. control.
• How users can correct any inaccuracies in the information.
If users have questions or concerns regarding this statement, they should send an email to support@whistlephone.com with "Privacy Policy Inquiry" in the subject line.
Vail Systems, Inc. covers only information that is collected through this website or the Service, and does not cover information that may be collected via other links/sites displayed by the website or Service if they are clicked on by the user.
Voice Traffic Monitoring
In terms of voice traffic on the platform, Whistle Phone® does not maintain or monitor the content of the voice channel of phone calls except in exceptional cases. These exceptions include when:
1) Whistle Phone® is required by law to capture and disclose phone call recordings to a federal, state or other regulatory body;
2) Whistle Phone® is required to monitor traffic for troubleshooting or diagnostic purposes. Any traffic captured for diagnostic purposes is isolated to a per user basis if possible. Additionally, Whistle Phone® does not store copies of monitored traffic on its platform long-term and destroys any record at the earliest opportunity.
Information Collection and Use
Information Collection
Vail Systems, Inc. is the sole owner of the information collected on www.whistlephone.com and the Whistle Phone® Service. Vail Systems, Inc. collects information from our users at several different points on this website or via our Service.
Registration
In order to use portions of this website, a user must first complete the registration form. During registration a user is required to give contact information (such as name and email address). We use this information to contact the user about services on our site for which he has expressed interest and also we can provide a more personalized experience on our site.
Profile
We store information that we collect through cookies, log files, and/or third parties to create a profile of our users. A profile is stored information that we keep on individual users that details their viewing preferences. Consequently, collected information is tied to the users personally identifiable information to provide offers and improve the content of the site for the user. This profile is used to tailor a user's visit to our website. We do not share your profile with other third parties.
Cookies
A cookie is a piece of data stored on the user's computer tied to information about the user. We use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user's hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions.
By setting a cookie on our site, users would not have to log in a password more than once, thereby saving time while on our site. If users reject the cookie, they may still use our site. The only drawback to this is that the user will be limited in some areas of our site. Persistent cookies enable us to track and target the interests of our users to enhance the experience on our site. See the "Profile" section.
Log Files
Like most standard website or service providers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information when used in this way.
Email Updates/Opting-Out of Email
We send all new members a welcoming email to verify password and username. Established members may occasionally receive information on products, services, and a newsletter. On rare occasions it is necessary to send out a strictly service related announcement. Out of respect for the privacy of our users we present the option to not receive these types of communications. This Opt-out option is included as a link on any email sent by Whistle Phone®.
Sharing Legal Disclaimer
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a reasonable law enforcement request, a current judicial proceeding, a court order or legal process served on our website or Service.
We DO NOT Share Personal Information with Third Parties.
Business Transitions
In the event Vail Systems, Inc. goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users' personal information will, in most instances, be part of the assets transferred. Users who have not opted-out of email notification will be sent an email prior to a change of ownership or control of their personal information. If as a result of the business transition, the users' personally identifiable information will be used in a manner different from that stated at the time of collection they will be given choice consistent with our notification of changes section.
Links
The website and Service contain links to other sites. Please be aware that we, Vail Systems, Inc. , 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.
Security
This website takes every precaution to protect our users' information. When users submit sensitive information via the website or Service, their information is protected both online and off-line.
When our registration/order form asks users to enter sensitive, that information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Firefox, Chrome, Safari and Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just "surfing".
While we use SSL encryption on our website to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Our employees are encouraged to use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to user information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Every six months, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our users' information is protected. Finally, the servers that store personally identifiable information are in a secure environment, in a locked facility.
If users have any questions about the security at our website, users can send an email with "Website Security Inquiry" in the subject line.
Editing User Information
A user can change their account information through a Whistle Phone® application or by emailing Whistle Support.
Notification of Changes
If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and 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. Users will have a choice as to whether or not we use their information in this different manner. However, if users have opted out of all communication with the site, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on our website notifying users of the change. In some cases where we post a notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.
NOTICE TO EU RESIDENTS: Our handling of information about EU residents is governed by the Whistle Phone Privacy Notice for EU Residents, effective May 25, 2018. The above Privacy Policy does not apply to EU residents.
Whistle Phone Privacy Notice for EU Residents
Vail Systems, Inc. ("Vail," "we" or "us") owns, operates, or provides access to this website and the Service. This Privacy Notice governs our privacy practices in handling the information we collect about individuals in the EU who use our Service ("you" or "your"). We process personal data under this Privacy Notice as a data controller. The contact details of Vail are listed at the end of this Notice. This Notice may be changed if there is a change in the way Vail processes personal data or if there is a change in applicable law. We will notify users of changes that are deemed material under applicable law by updating the date of this Notice and providing other information as required.
Last modified: May 24, 2018.
1. 'Personal data' means any information relating to an identified or identifiable natural person ('data subject'). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2. Categories of Data Obtained Directly from You
We obtain personal data from you including your name, email address, gender, birth year, and postal code. We collect this information when you:
• Register for a Whistle Phone account.
• Contact us for information or ask a question.
• Otherwise volunteer information to us or respond to a request for information through any of our Service.
3. Information Obtained Automatically Through Technology
The information collected automatically through technology, such as access logs, cookies, pixels and other tracking technologies, may include:
• Internet Protocol Address (IP address)
• Information about your computer or mobile device, and their browser, operating system, settings and software.
• Unique device identifiers on your mobile device, including as applicable the Apple or Google advertising identifiers.
• Your approximate geographic location (derived from requested header information, such as your IP address)
• The dates, times, duration and frequency of your interactions with our Service.
• Any errors you encountered during your use of the Service.
4. Information Not Obtained Directly From You
The Service uses third-party analytics, cookie data collection and linking services (collectively "Analytics Services"), including Google Analytics. These Analytics Services may use cookies, pixel tags, and other tracking and storage technologies to collect or receive information (not including your name or the email address you register with us) from the Service and elsewhere on the Internet.
5. Purposes for Processing of Personal Data
We processes your data in order to:
• Manage, administer, promote, analyze and improve the Service and our communications, including measuring and analyzing user traffic and usage patterns.
• Respond to your questions or messages and fulfill your requests for services.
• Recognize you as a returning user as you access our Service using different computers, devices and browsers and to save and "remember" your registration information, settings and preferences for later visits.
• Send you email newsletters and marketing, and other communications from us.
• Generate aggregate or other information that does not directly identify you as an individual or the devices you use to access our Service, and use and share that information for our purposes.
• To prevent potentially prohibited or illegal activities, comply with applicable laws, and enforce our Terms of Use and other legal rights.
• We also may use the information collected from you in other ways, and for other purposes, that are described to you at the point of collection or for which we otherwise have obtained your consent.
6. Sharing Your Personal Data
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a reasonable law enforcement request, a current judicial proceeding, a court order or legal process served on our website or Service.
We do not share personal information with third parties.
7. Lawful Basis for the Processing of Personal Data
We are required to demonstrate a lawful basis for the processing of personal data. We rely on legitimate interest to process data for the following purposes:
• Data analytics
• Managing user accounts
• Operating, modifying and improving the Service
• Identifying usage trends
• Web hosting
• Direct marketing
• Fraud prevention
• Network and information systems security
• To determine the effectiveness of promotional campaigns and sponsorship messaging
• Responding to user questions and requests for information
• Comply with laws and regulations and enforce our Terms of Use and other legal rights.
Consent: We process personal data based on your consent to send personalized messages from us, to collect precise location information and to send promotional emails. If you do not consent to the processing you will not be able to access our Service. If you do grant consent, you can withdraw your consent at any time by emailing support@whistlephone.com, unsubscribing from emails and as described in "Your Rights" below. Please note that all processing of your personal data will cease once you have withdrawn consent but this will not affect any personal data that has already been processed.
8. Retention
Your personal data is retained no longer than is reasonably necessary to perform the processing described in this Notice and in case of any legal claims or complaints, or as required by law.
9. Your Rights
Subject to exemptions under applicable law you have the following rights with respect to your personal data:
• To request a copy of your personal data which we hold;
• To request that we provide you access to and/or rectify personal data that is inaccurate or out of date;
• To request erasure of your personal data where it is no longer necessary for us to retain it;
• If you have consented to processing, the right to withdraw consent at any time;
• To request that the data controller provide you with your personal data and where possible, to transmit that data directly to another data controller, where applicable. This right of portability only applies where the processing is based on consent or is necessary for the performance of a contract and if we process the data by automated means;
• To request a restriction on further processing where applicable;
• The right to object to processing if the processing is based on legitimate interest, is for direct marketing, or is for scientific/historical research and statistics;
• To lodge a complaint with a supervisory authority.
You may exercise these rights by contacting us at support@whistlephone.com, providing the email address you used to register with us, and stating your specific request in writing. We reserve the right to verify your identity and confirm your right to the information. To withdraw consent to marketing emails or email newsletters, click the "unsubscribe" link on the email.
10. Transfer of Data Abroad
Because we operate the Service from the US, your personal data may be transferred to the US and/or to countries or territories outside the EEA or Switzerland not recognized by the European Commission as ensuring an adequate level of protection pursuant to the GDPR. Where required, data transfers will be made subject to the terms of the applicable EU Standard Contractual Clauses or with your consent. We will take all steps reasonably necessary to ensure that personal data is treated securely and in accordance with this Notice in respect of such transfer.
11. Security
The security, integrity, and confidentiality of your information are extremely important to us. We have implemented technical, administrative, and physical security measures that are designed to protect user information from unauthorized access, disclosure, use, and modification. We regularly review our security procedures to consider appropriate new technology and methods. Please be aware that, despite our best efforts, no security measures are perfect or impenetrable. We will retain your personal information for the length of time needed to fulfill the purposes outlined in this Notice unless a longer retention period is required or permitted by law. To dispose of personal data, we may anonymize it, delete it or take other appropriate steps. Data may persist in copies made for backup and business continuity purposes for additional time.
12. Age Limits
You must be at least 18 years of age to submit any data on or through the Service. If your child is under age 16 and has provided personal data to the Service, please contact us at support@whistlephone.com for deletion of the data.
13. Further Processing
If we plan to use personal data for a new purpose, we will update this Notice and communicate the changes to individuals before starting any new processing.
14. Contact Details
If you have any questions about this Notice or the Service, please contact us at support@whistlephone.com.