THIS DOCUMENT IS A TRANSLATION OF THE ORIGINAL IN SPANISH. WE HAVE MADE OUR BEST EFFORT TO MAKE IT AN ACCURATE TRANSLATION. NEVERTHELESS, THE LEGALLY BINDING DOCUMENT IS IN SPANISH AND YOU MAY ACCESS IT HERE.
Effective Date May 25, 2018
Infoestructura S.A. (Infoe) is a company that provides professionals and companies with telephony, mobile messaging and fax messaging services.
Infoe processes two broad categories of personal information when you use our products and services:
- Your personal information as a customer, as a potential customer or as an authorized representative of your company. We refer to this information as “Customer Account Data”, and
- The personal information of your end users who use or interact with the services that you’ve configured on Infoe’s platform - this category contains both your Customer Usage Data (e.g., communications metadata) and your Customer Content (e.g., the contents of communications).
Infoe processes these categories of personal information differently because the direct relationship we have with you, our customer, is different than the indirect relationship we have with your end users.
How Infoe Processes Your Personal Information
We, Infoe, collect and process your personal information:
- When you visit a Infoe public-facing website like infoe.es, infocaller.com, Infofax.es or infosms.es, sign up for a Infoe event, or make a request to receive information about Infoe or our products, like a Infoe whitepaper or a newsletter;
- When you contact Infoe’s Sales Team or Customer Support Team; and
- When you sign up for an Infoe account and use our products and services.
We call this personal information Customer Account Data.
Data protection laws in certain jurisdictions, like the European Economic Area (EEA), differentiate between “controllers” and “processors” of personal information. A controller decides why and how to process personal information.
A processor processes personal information on behalf of a controller based on the controller’s instructions. When Infoe processes your Customer Account Data, the Infoe entity with whom you are contracting is acting as a controller.
Broadly speaking, we use Customer Account Data to further our legitimate interests to:
- understand who our customers and potential customers are and their interests in Infoe’s product and services,
- manage our relationship with you and other customers,
- carry out core business operations such as accounting and filing taxes, and
- help detect, prevent, or investigate security incidents, fraud and other abuse and/or misuse of our products and services.
What Customer Account Data Infoe Processes When You Visit Our Website, Sign Up for a Infoe Event, or Make a Request for Information About Infoe and Why
When you visit our website, sign up for an Infoe event or request more information about Infoe, we collect information automatically using tracking technologies, like cookies, and through web forms where you type in your information. We collect this information to provide you with what you request through the web form, to learn more about who is interested in our products and services, and to improve navigation experience on our pages.
Information You Share Directly: In some places on Infoe’s public-facing websites, you can fill out web forms to ask to be contacted by our Sales Team, sign up for a newsletter, register for a Infoe event, or take a survey. The specific personal information requested on these forms will vary based on the purpose of the form. We will ask you for information necessary for us to provide you with what you request through the form (for example, we will ask you for your email address if you want to sign up for an email newsletter and for your phone number if you want a member of our Sales Team to call you). We may also ask you for additional information to help us understand you better as a customer like your Infoe use case, your company name, or your role at your company. If you sign up to receive ongoing marketing communications from Infoe, like a newsletter, you can always choose to opt-out of further communications through a preferences page which will be linked from any marketing email you receive from Infoe. Or, you can contact our Customer Support Team to communicate your choice to opt-out.
What Customer Account Data Infoe Processes When You Communicate with Our Sales or Customer Support Teams and Why
You may share personal information, like your contact information, with a member of our Sales or Customer Support Team when you communicate with them. We keep a record of this interaction.
If you contact our Sales or Customer Support Teams, those teams keep a record of that communication, including your contact details and other information you share during the course of the communication. We store this information to help us keep track of the inquiries we receive from you and from customers generally so we can improve our products and services and provide training to team members. This information also helps our teams manage our ongoing relationships with our customers. Because we store a record of these communications, please be thoughtful about what information you share with our Sales and Customer Support Teams. While we will take appropriate measures to protect any information you share with us, it is best to avoid sharing any personal or other sensitive information in these communications not necessary for these teams to assist you.
We may use third party products and services to process and store the information you share with our Sales and Customer Support teams and in such a case we will have subscribed the agreements required by law and privacy regulations.
What Customer Account Data Infoe Processes When You Sign Up for and Log Into a Infoe Account and Why
When you sign up for an Infoe account, we ask for certain information like your contact details and billing information so we can communicate with you and so you can pay for our products and services. We also collect some information automatically, like your IP address, when you log in to your account or when your software application built on Infoe makes requests to our APIs. We use this to understand who is using our services and how, and to detect, prevent and investigate fraud, abuse, or security incidents.
Information You Share Directly: When you sign up for a Infoe account, you’ll be asked to give us your name, email address, and optionally, your company name, tax id information and to create a password. You can also name your account (or accounts, if you manage more than one). We collect this information so we know who you are, we can communicate with you about your account(s), and we can recognize you when you communicate with us through the account portal or otherwise.
We also use your email address to send you information about other Infoe products, services or events in which we think you may be interested. You can opt out of further marketing communications through your marketing preferences page linked from any marketing email you receive from Infoe. Or, you can contact our Customer Support Team to communicate your choice to opt-out.
When you first sign up for an account, we may also ask you for a telephone number so we can communicate a verification code to that telephone number and have you enter the code into our website. This helps us ensure the uniqueness of our customer and that there is an actual person and not a robot behind the process. An Infoe team member may also contact you at this number to help you with onboarding unless you tell us you don’t want us to contact you.
If you set up, or we ask you to set up, two-factor authentication for your account, we’ll ask you to enter a telephone number to set up the process. You have the option to use that telephone number as the method for us to communicate verification codes to you to verify that it is you logging into your account.
When you upgrade a trial account or sign up to a new account, we’ll ask you to provide us with your payment method information like a credit card, bank account or your Paypal account, and/or your billing address. Our payment processor, acting on our behalf, gathers this so we can bill you for your use of our products and services. Your billing address may also be used by Infoe for tax calculation and audit purposes.
For some products, we may also have to obtain a physical address from you, including proof of address or other identification information. For example, to get a phone number in certain countries, local law may require us to have a physical service address on file for you or your end user and/or proof of identity and physical service address. We may also use this physical service address for tax purposes. We may have to share your service or billing address with the telecommunications carrier from whom Infoe obtained the phone number or with local government authorities upon their request.
Similarly, for some of our products, you may have to complete an application form providing details about your company and your intended use of the product, like when you are interested in getting a short code. We’ll use this information for the purpose for which it was gathered from you. We may also use it in connection with improving our own internal processes and services or training our team members.
Information We Generate or Collect Automatically. When you sign up for an account with Infoe, we’ll automatically assign you and your account(s) unique customer ID. We may generate an API token for each of your accounts. These are used like a username and password to make API requests. Instead of using these API tokens, you can provision passwords and API Keys, and use your passwords and API key for authentication when making requests to our APIs. We keep a record of these credentials so we know it is you making the requests when your application makes requests to our API using these credentials.
Note that we also collect the IP address of your devices or servers when you make requests to our APIs. When you use our APIs, we also collect and process the information contained in those interactions.
All information we collect when you sign up for a Infoe account and interact with the Infoe account portal or our products or services may be used to detect, prevent, or investigate security incidents, fraud, or abuse and misuse of our platform and services.
Other Customer Account Data We Collect and Why
We may collect information about you, as our customer, from publicly-available sources so we can understand our customer base better.
We may use publicly-available information about you through services like LinkedIn, or we may obtain information about your company from third party providers to help us understand our customer base better, such as your industry, the size of your company, and your company’s website URL.
How Long We Store Your Customer Account Data
Infoe will store your Customer Account Data as long as needed to provide you with our services and to operate our business. If you ask Infoe to delete specific personal information from your Customer Account Data, we will honor this request unless deleting that information prevents us from carrying out necessary business functions, like billing for our services, calculating taxes, or conducting required audits.
Here is an overview of how long we hold on to Customer Account Data in a form that can be used to identify you, unless there is a specific need or obligation to retain your information longer (like in the case of an open investigation, audit or other legal matter):
- Customer Account Data stored in our customer relationship management system(s) is generally stored up to 7 years following closure of your account. Invoice records, including their digital equivalent, may be retained in identifying form by Infoe for longer periods for accounting, tax, and audit purposes depending on and in accordance with applicable tax law.
- Your communications with Infoe’s Customer Support Teams may be retained for up to 7 years after your account is closed.
How To Make Choices About Your Customer Account Data
You can make various choices about your Customer Account Data through the account portal, such as accessing it, correcting it, deleting it, or updating your choices about how it is used, when you log into your Infoe account or through the marketing preferences center. Any other requests about your data you cannot make through these self-service tools, you can request by emailing email@example.com or contacting Customer Support.
Closing Your Account and Deletion. Cancelling specific products or services does not imply closing the account. You can request closure and deletion of the account sending an email to firstname.lastname@example.org or contact Customer Support, after adequate authentication of your identity. You should know that closure and/or deletion of your Infoe account will result in you permanently losing access to your account and data in the account. Please note that certain information associated with your account may nonetheless remain on Infoe’s servers in an aggregated form that does not identify you or your end users. Similarly, data, including personal information, associated with your account we are required to maintain for legal purposes or for necessary business operations (see “How Long We Store Your Customer Account Data” section above) will be retained after account closure until no longer needed.
Promotional Communications. You can choose not to receive promotional emails from Infoe by following the unsubscribe/opt-out instructions in those emails. You can also opt-out in the account portal, by contacting Customer Support. Please note that even if you opt out of promotional communications, we may still send you non-promotional messages relating to things like updates to our terms of service or privacy notices, security alerts, and other notices relating to your access to or use of our products and services.
Cookies and Tracking Technologies. How you make choices about cookies and other tracking technologies depends on the type of cookie or tracking technology being used. For details on how to manage your preferences for cookies and tracking technologies, please check out our Cookie Notice.
Other Choices About Your Customer Account Data. In addition, you can express other choices about your Customer Account Data (i.e., accessing it, deleting it, restricting its use, porting it, or withdrawing consent for its use) by contacting email@example.com .
How Infoe Processes Your End Users’ Personal Information
Your end users’ personal information typically shows up on Infoe’s platform in a few different ways:
- Communications-related personal information about your end users, like your end users’ names, email addresses, phone numbers for number-based communications, IP addresses for IP-based communications, or device tokens, show up in our systems when you configure, use or intend to use this information to contact your end user through use of our products and services.
- Your end users’ personal information may show up in “friendly names,” which are strings you provide, if you choose to include your end users’ personal information in communications.
- Your end users’ personal information, or third parties which are not end users or customers, may also be contained in the content of communications you (or your end users) send or receive using Infoe’s products and services.
We call the information in the first two bullets above Customer Usage Data. The information in the third bullet is what we refer to as Customer Content.
As noted above, data protection law in certain jurisdictions, like the European Economic Area (EEA), differentiate between “controllers” and “processors” of personal information. When Infoe processes Customer Content, we generally act as a processor. When we process Customer Usage Data, we act as a processor in many respects, but we may act as a controller in others. For example, we may need to use certain Customer Usage Data for the legitimate interests of billing, reconciling invoices with telecommunications carriers, and in the context of troubleshooting and detecting problems with the network.
What Customer Usage Data and Customer Content Infoe Processes and Why
We use Customer Usage Data and Customer Content to provide services to you and to carry out necessary functions of our business as a communications service provider. We do not sell your end users’ personal information and we do not share your end users’ information with third parties for those third parties’ own business interests.
The particular end user personal information Infoe processes when you, our customer, use our products and services and the reason Infoe processes it depends on how you use our products and services and which Infoe products and services you use. For that reason, our API docs for each of our products and services are the best place to find information about our processing of personal information when you use that Infoe product and service.
In many cases, you can opt to store records of your communications, or other activities, on Infoe services, which may include your end users’ personal information. You may also have the option to use additional features or tools within Infoe’s products or services that allow you to do things such as analyze the records, including end user personal information, in your Infoe account. In those cases, Infoe will process this information to provide you with the service you request.
In addition, records containing end user personal information may, from time to time, also be used in debugging or troubleshooting or in connection with investigations of security incidents, as well as for the purposes of detecting and preventing spam or fraudulent activity, and detecting and preventing network exploits and abuse.
How Long Do We Store Customer Usage Data and Customer Content and Exercising Choices About End User Personal Information
Details regarding how long your end user personal information may be stored on Infoe systems and how to delete, access, or exercise other choices about end user data will depend on which Infoe products and services you are using and how you are using them. For that reason, our API docs for each of our products and services are the best place to find more detailed information about managing end user data collected and stored in connection with your use of our products and services.
As a Infoe customer, if the Infoe product or service you use enables you to store records of your usage on Infoe, including personal information contained within those records, and you choose to do so, then Infoe will retain these records for as long you instruct. In some cases, use of extended storage may cost more. If you later instruct us to delete those records, we will do so. Please note it may take up to 30 days for the data to be completely removed from all systems. In some cases, a copy of those records, including the personal information contained in them, may nonetheless be retained to carry out necessary functions like billing, invoice reconciliation, troubleshooting, and detecting, preventing, and investigating spam, fraudulent activity, and network exploits and abuse. Sometimes legal matters arise that also require us to preserve records, including those containing personal information. These matters include litigation, law enforcement requests, or government investigations. If we have to do this, we will delete the impacted records when no longer legally obligated to retain them. We may, however, retain Customer Usage Data transformed such that your end user cannot be identified.
When and Why We Share Your Personal Information Or Your End Users’ Personal Information
We do not sell or allow your Customer Account Data to be used by third parties for their own marketing purposes, unless you ask us to do this or give us your consent to do this. Further, we do not sell your end users’ personal information (whether contained in Customer Usage Data or Customer Content). And, we do not share it with third parties for their own marketing or other purposes, unless you instruct us to do so.
Below are the different scenarios under which we may share your data with third parties.
- Telephony operators as necessary for proper routing and connectivity. Infoe provides an easier way for use of the publicly switched telephone network (PSTN) to send communications. Therefore, communications-related data is shared with and received from telephony operators as necessary to route and connect those communications from the sender to the intended recipient. How those telephony operators handle this data is generally determined by those operators’ own policies and local regulations.
- Other communications service providers for proper routing and connectivity. Infoe also enables sending or receiving communications through communications service providers that do not use the PSTN, such as online Over-the-Top (OTT) communications service providers (SMS, Skype and other similar services). Infoe will share communications data with these providers as necessary to route and connect those communications from the sender to the intended recipient. How those OTT communications service providers handle this data is determined by their own policies.
- Third-party service providers or consultants. Infoe engages certain third-party service providers to carry out certain data processing functions on our behalf. These providers are limited to only accessing or using this data to provide services to us and must provide reasonable assurances they will appropriately safeguard the data.
- Sub-processors. We may share Customer Content with sub-processors who assist in providing the Infoe services, like our infrastructure provider, or as necessary to provide optional functionality like transcriptions. An up-to-date list of our sub-processors is located here.
- Add-on Partners. Add-ons are additional features, functionality or services offered by Infoe’s Add-on Partners (third parties not affiliated with Infoe). Infoe may make Add-ons available through the Infoe portal (like Google Drive or Dropbox). Some Add-ons may need to access or collect some of your information, including personal information. If you choose to use an Add-on, Infoe will share your information with the Add-on Partner so you can use the Add-on. Infoe does not control Add-on Partners’ use of your information and their use of your information will be in accordance with their own policies. If you do not want your information to be shared with an Add-on Partner, then you should not use the Add-on.
- Compliance with Legal Obligations. We may disclose your or your end users’ personal information to a third party if (i) we reasonably believe that disclosure is compelled by applicable law, regulation, legal process or a government request (including to meet national security or law enforcement requirements), (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.
- Affiliates. We may share your personal information or your end users’ personal information with an affiliate company, like a subsidiary or parent company of Infoe. We and our subsidiaries or parent company will only use the information as described in this notice.
- Business transfers. If we go through a corporate sale, merger, reorganization, dissolution or similar event, data we gather from you may be part of the assets transferred or shared in connection with the due diligence for any such transaction. Any acquirer or successor of Infoe may continue to process data consistent with this notice.
- Aggregated or de-identified data. We might also share data with third parties if the data has been de-identified or aggregated in a way so it cannot be used to identify you or your end users.
Transfers of Personal Information Out of the EEA and Switzerland
When you use our account portal or Infoe web sites, or our products and services, personal information of you and your end users processed by Infoe may be transferred to other countries where we or our service providers operate.
Infoe employs appropriate safeguards for cross-border transfers of personal data, as required by applicable local law.
European Union Model Clauses. Infoe establishes EU Model clauses with its suppliers to provide appropriate safeguards for Customers Account Data that is transferred outside of the EEA and Switzerland.
Infoe has verified that its sub-processors in the United States, and other countries which allow it, have a valid Private Shield certification.
Automated Decision Making
Infoe may use automated decision making using a variety of signals derived from account activity to help identify and suspend accounts sending spam or engaged in other abusive or fraudulent activity. Holders of accounts suspended under these circumstances are notified of the suspension and given an opportunity to request human review of the suspension decision.
Handling Disputes Relating To Our Data Protection Practices
We hope we can resolve any disputes relating to our data protection practices between us. You can raise your concern or dispute by emailing our Privacy Team at firstname.lastname@example.org or by writing to us at:
Apartado de Correos: 151022
28080 – Madrid
For individuals in the EEA, you have additional rights to make a complaint to a competent data protection authority or commence proceedings in a court of competent jurisdiction in accordance with applicable data protection laws. You also have the right to lodge a complaint with your local data protection authority.
How We Secure Personal Information
We use appropriate security measures to protect the security of your personal information both online and offline. These measures vary based on the sensitivity of the personal information we collect, process and store and the current state of technology. We also take measures to ensure service providers that process personal data on our behalf also have appropriate security controls in place.
Please note that no service is completely secure. While we strive to protect your data, we cannot guarantee that unauthorized access, hacking, data loss or a data breach will never occur.
To protect the confidentiality of your account and protect from unauthorized use of your account, we recommend you use strong passwords. Additionally, you must keep your account password an any API tokens or credentials confidential and not disclose them publicly or to unauthorized individuals - this includes accidentally distributing them in a binary or checking them into source control. Please let us know right away if you think your password or Token was compromised or misused. You can change password or Tokens in the account portal.
Other Information You May Find Useful
Information from Children
We do not knowingly permit children (under the age of 13 in the US or 16, if you live in the EEA) to sign up for a Infoe account. If we discover someone who is underage has signed up for a Infoe account, we will take reasonable steps to promptly remove that person’s personal information from our records. If you believe a person who is underage has signed up for a Infoe account, please contact us at email@example.com
Infoe does not currently respond to web browser’s Do-Not-Track signals. You can learn more about Do Not Track here.
Changes to Our Privacy Statement
We may change our Privacy Statement from time to time. If we make changes we’ll revise the “Effective” date at the top of this statement, and we may provide additional notice such as on the Infoe website homepage, account portal sign-in page, or via the email address we have on file for you. We will comply with applicable law with respect to any changes we make to this notice and seek your consent to any material changes if this is required by applicable law.
Legal Basis for Processing Personal Information (EEA only)
If you are from the EEA, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.
However, we will normally collect personal information from you only where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms, or where we have your consent to do so. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person such as in the case where we request personal information from you in the context of a government audit or in response to a request from law enforcement.
If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact our Customer Support Team.