EXTREME FAX™ PRIVACY POLICY*
Last Updated: June 21, 2004
eXtreme Fax (“we”, “us”, “our”) realizes how important it is to you to understand
what happens to your Personal Information when you use our service. We are
committed to protecting the privacy of data that you, the user ("you"),
submit to this website or to websites under our operation and control (“Website”).
To demonstrate this commitment, we have adopted this privacy policy ("Privacy
Policy"). Our policy is based on the principles of notice/awareness,
choice/consent, access/participation, and integrity/security in the collection
and use of all information regarding our users and their activities at the
Website. Please review this policy carefully each time you use the Website,
as it is subject to change at any time with or without notice by us. Whether
or not we place notice on the Website indicating that this Privacy Policy
has been modified, it is your obligation to review the Privacy Policy from
time to time. By accessing the Website, you are affirmatively indicating your
agreement and consent to this Privacy Policy. Any changes to the Privacy Policy
will be effective immediately upon posting to the Website.
Notice of Privacy Policy
EXtreme Fax, and its parent company, subsidiaries and affiliates (collectively
“we”, “our”, “us”), provides our customers ("you") with a broad
range of hosted and Internet-based telecommunications services, software and
client-based applications, including toll-free, long-distance and local telephone
services, and Voice-over-Internet Protocol (VOIP) communications, facsimile,
voicemail, call-forwarding, call-processing, and call-waiting software, services,
features and functionalities more fully described on www.extremefax.com or
an affiliated website (the "Website”).. As used herein, the term “Service”
refers collectively to all our hosted and Internet-based telecommunications
services, as well as client-based software applications offered by us, as
well as any documentation related theretoThis Privacy Policy explains the
collection, use, and disclosure of your information in connection with your
use of the Service. AS MORE FULLY DESCRIBED IN PARAGRAPH 9 BELOW, ANY RESTRICTIONS
ON THE COLLECTION, USE, SALE AND/OR DISTRIBUTION OF ANY PERSONAL INFORMATION
AND NON-PERSONAL INFORMATION OR ANY OTHER RESTRICTIONS AND LIMITATIONS CONTAINED
IN THIS PRIVACY POLICY APPLY ONLY TO AND WITH RESPECT TO USERS AND INFORMATION
WHO ARE PAYING FOR THE SERVICE.
This Privacy Policy supplements and is incorporated into the EXtreme
Fax ”Terms of Use Agreement and End-User License Agreement” (currently available
on the Website at http://www.extremefax.com/tou.asp),
and you agree to be bound by all of the terms and conditions of this Privacy
Policy. We reserve the right to modify this Privacy Policy at any time by posting
the amended version on the Website and such amended Privacy Policy shall become
effective immediately upon such posting. By continuing to use the Service, you
agree to the terms of the then-current version of this Privacy Policy. If at
any time you do not agree to the terms of this Privacy Policy, your sole remedy
is to discontinue using the Service. If you have any questions about this Privacy
Policy, please contact us at http://www.extrmefax.com/contact.asp.
Information that may be collected based on your use of the Service
includes Personal Information and Non-Personal Information. "Personal Information"
is information that would allow someone to identify or contact you, including,
for example, your full name, address, telephone number, or email address, as
well as information that is associated with or linked to such contact information.
"Non-Personal Information" is information that is not associated with
or linked to the individually identifying contact information of a specific
person including without limitation information about your use of the Service,
also referred to as "Usage Data". "Aggregate Data" is the
combined information collected from all of the users of the Service, or from
subgroups of our users, which does not contain any individually identifying
contact information. In other words, Aggregate Data is never connected to you
individually.
AS DESCRIBED MORE FULLY BELOW IN SECTION 10, ANY RESTRICTIONS ON THE COLLECTION,
USE, SALE AND/OR DISTRIBUTION OF ANY PERSONAL INFORMATION AND NON-PERSONAL INFORMATION
OR ANY OTHER RESTRICTIONS AND LIMITATIONS CONTAINED HEREIN APPLY ONLY TO AND
WITH RESPECT TO PAID SERVICES. IF YOU USE ANY OF THE SERVICES WITHOUT PAYMENT
(I.E., FOR FREE), TO THE EXTENT PERMITTED BY LAW, WE RESERVE THE RIGHT TO COLLECT,
USE, SELL AND DISTRIBUTE ANY PERSONAL INFORMATION AND NON-PERSONAL INFORMATION
IN ANY MANNER AND FORM. FURTHERMORE, WE EXPRESSLY ADVISE AND NOTIFY YOU THAT
THIS PRIVACY POLICY, AND THE RESTRICTIONS AND LIMITATIONS CONTAINED HEREIN,
APPLY ONLY TO PERSONS WHO PAY TO USE THE SERVICES AND DO NOT APPLY IN ANY MANNER
WITH RESPECT TO PERSONAL INFORMATION AND NON-PERSONAL INFORMATION IF YOU USE
THE SERVICE WITHOUT CHARGE.
1. What Types of Information Is Collected and Why?
Personal Information. You provide certain Personal
Information to us when you: (a) register and sign up for the Service, (b) log
into your account with the Service, or (c) use the Service, submit forms, or
send other information to us.
We may also receive Personal Information about you from other users, our partners,
affiliates, or third parties, who may communicate information to us about you.
Non-Personal Information. We may collect Non-Personal
Information as well. Our software and servers may automatically collect Usage
Information, which includes, but is not limited to, your frequency and duration
of interaction with the Service.
Information collected by Cookies. We may also
make use of website "cookies" to help you use the Service more easily
and to help us continuously improve the Website and the value of the Service
to you. A "cookie" is a small data file that a website can send to
your browser, which may then be stored on your hard drive to help that website
"remember" information about you when you return to that website,
such as the specific web pages you previously visited. You may have the option
of setting your browser to reject cookies; however, doing so may negatively
impact the performance of the Website or restrict us in effectively serving
your needs and interests. The "Help" portion of the toolbar on most
browsers will tell you how to prevent your browser from accepting new cookies,
how to have the browser notify you when you receive a new cookie, or how to
disable cookies altogether. The Personal Information and Non-Personal Information
allows us to efficiently and properly serve you, and to contact you should the
need arise in order to respond appropriately to your requests.
Information collected by 3rd parties. We have
contracted with several outside vendors ("3rd parties") to monitor
certain pages of our Web site for the purpose of reporting web traffic, statistics,
advertisement 'click-throughs', and/or other activities on our site. Where authorized
by us, 3rd parties may use cookies, Web beacons, and/or other monitoring technologies
to compile anonymous statistics on our Web site visitors. No personally identifiable
data is collected by or transferred by us to 3rd parties.
2. Who Collects Information About You?
We operate the Service and collect Personal Information as explained
in this Privacy Policy. You may contact us by mail at
EXtreme Fax, P.O. Box 399, Belmont, CA 94002-0399, USA, Attn:
Account Administrator
or by Internet at http://www.extremefax.com/contact.asp.
We collect information when you register, use the Service, and respond to promotions
that we may offer from time to time.
Advertisers may also collect Non-Personal Information about you.
The information they collect might include the type of ad displayed, the times
the banner was displayed, and the effectiveness of the banner ad. This information
may be collected by using one or more cookies that are stored on your hard drive
as described above.
In addition, while using the Service, you may disclose information
to parties other than ourselves. For example, you may receive offers, promotions,
and advertisements that originate from third parties; when you respond to these
offers, promotions, or advertisements, third parties may collect information
about your activities. The information practices of those third parties are
not covered by this Privacy Policy.
3. How May We Use Your Personal Information?
We may use your Personal and Non-Personal Information to improve
the quality of the Service and to boost the relevance of the offering delivered
to you. We may use your Personal and Non-Personal Information to provide you
with content (such as offers, advertisements, voicemails, and other promotions)
that we believe will be of interest to you. We will retain information collected
on a secure server so that on re-visiting the Website, your access can be more
easily expedited. We may use this information in an aggregated form to measure
the number of visits, average time spent on the Website, pages viewed, and other
related statistics. We collect this information to measure the use of the Website
and to improve the content of the Website. We may use your personally identifying
information to identify you as a user of the Website and to assist and speed
the completion of transactions through the Website. We may use your email address
to contact you directly regarding services or products that we, in our sole
discretion, believe may be of interest to you. We may also use information collected
about your preferences and activities on the Website, such as the particular
pages you visit on the Website, your history of purchases, and/or other transactions
that you effect through the Website. We may vary the content you receive in
future visits to the Website based on your past preferences and activities.
We use Usage Data to maintain and improve the Service. We may
also use Usage Data to do such things as operate and enhance the Service and
negotiate with vendors and advertisers.
4. Disclosure of Your Information
By using the Service, you consent to our disclosure of your information
to our partners, affiliates, parent and subsidiary(s) (“Partners”). Other than
disclosure of your Personal Information to our Partners, we will never disclose
any of your Personal Information except when given your permission or under
special circumstances, such as when we believe in good faith that the law requires
it or under the circumstances described below.
We may disclose Aggregate Data. We may also share your responses
to questions, advertiser-sponsored promotions, etc. with advertisers or marketers.
We may combine statistical results concerning the usage of the Website to prepare
collective profiles of users' activities for Our internal use. For example,
we may track the number of our users who view certain pages or use certain features
of the Website. Such information, and other information we derive from individual
users' information allows us to continue to grow and to provide you with high-quality
information and service.
Due to legal rules beyond our control, we cannot fully ensure
that your private communications and other Personal Information will not be
disclosed to other third parties. For example, if we need to investigate or
resolve possible problems or inquiries, or if we receive a subpoena requesting
information about you or communications by or to you, we can, and you authorize
us to (without any opportunity by you to challenge the validity of the request
or the subpoena), disclose any information about you to law enforcement or other
government officials or the party serving the subpoena as we believe necessary
or appropriate.
5. Privacy Protections for Children
We feel very strongly about protecting the privacy of children
and encourages children to involve their parents in any online activities in
which they participate. In order to protect the privacy of younger Internet
users, children under the age of 18 are prohibited from registering for the
Service.
6. Choices You Have Regarding the Collection, Use, and
Disclosure of Your Personal Information
You can limit the collection and use of different elements of
your Personal Information by not participating in those activities for which
we collect Personal Information. You may opt out at any time.
You may also choose to discontinue the collection of your Personal
Information by discontinuing your use of the Service.
7. Accuracy and Access
Certain areas of the Website may restrict access to specific individuals
through the use of passwords and through providing personal data. We strive
to keep your personally identifiable information accurate. We will provide you
with access to your information, including online access to your registration
data so that you may view, update or correct your information on the Website.
To protect your privacy and security, we will also take reasonable steps to
verify your identity before granting you access or enabling you to make corrections.
Any links to third-party web sites on the Website are provided solely as a convenience
to you. If you use these links, you will leave our Website. We have not reviewed
all of these third party sites and do not control and is not responsible for
any of these sites, their content, or their privacy policies. Thus, we do not
endorse or make any representations about them, or any information, software
or other products or materials found there, or any results that may be obtained
from using them. If you decide to access any of the third party sites linked
to the Website, you do so at your own risk.
8. Our Security Procedures
Please keep in mind that no data transmission over the Internet
or any wireless network can be guaranteed to be 100% secure. As a result, while
we strive to protect your Personal Information, we cannot ensure or warrant
the security of any information you transmit to us or from the Service, and
you do so at your own risk. Once we receive your transmission, we exert commercially
reasonable effort to ensure its security on our systems by implementing industry-standard
security measures.
We may amend this Privacy Policy at any time by posting the amended
Privacy Policy at the Website. We encourage you to investigate and ask questions
about disclosing any information to third parties; this is a good practice to
follow in all of your online activities.
9. Free Use of the Services; No Restrictions on Use of
Personal and Non-Personal Information
PLEASE BE AWARE THAT ANY RESTRICTIONS ON THE COLLECTION, USE,
SALE AND/OR DISTRIBUTION OF ANY PERSONAL INFORMATION AND NON-PERSONAL INFORMATION
OR ANY OTHER RESTRICTIONS AND LIMITATIONS CONTAINED IN THIS PRIVACY POLICY APPLY
ONLY TO AND WITH RESPECT TO USERS AND INFORMATION WHO ARE PAYING FOR THE SERVICE.
IF YOU USE ANY OF THE SERVICES WITHOUT PAYMENT (I.E., FOR FREE), TO THE EXTENT
PERMITTED BY LAW, WE RESERVE THE RIGHT TO COLLECT, USE, SELL AND/OR DISTRIBUTE
ANY PERSONAL INFORMATION AND NON-PERSONAL INFORMATION IN ANY MANNER AND FORM.
FURTHERMORE, WE EXPRESSLY ADVISE AND NOTIFY YOU THAT THIS PRIVACY POLICY, AND
THE RESTRICTIONS AND LIMITATIONS CONTAINED HEREIN, APPLY ONLY TO PERSONS WHO
PAY TO USE THE SERVICES AND DO NOT APPLY IN ANY MANNER WITH RESPECT TO PERSONAL
INFORMATION AND NON-PERSONAL INFORMATION IF YOU USE THE SERVICE WITHOUT CHARGE.
10. General
This Privacy Policy is governed by the internal substantive laws
of the State of California in the United States, without regard to its conflict
of laws principles. Jurisdiction for any claims arising under or out of this
Privacy Policy shall lie exclusively with the state and federal courts in San
Mateo County, California, and you further consent to the exercise of personal
jurisdiction of the courts therein. If any provision of this Privacy Policy
is found to be invalid by a court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining provisions
of this Privacy Policy, which shall remain in full force and effect. Under no
circumstances shall we have any liability whatsoever for any consequential,
incidental, indirect or special damages arising out of the breach of this Privacy
Policy, however occasioned. Furthermore, nothing in this Privacy Policy shall
increase our liability or otherwise alter or amend any of the terms and conditions
under the EXTREME FAX™ Terms of Use and End-User License Agreement
* eXtremeFax™ is operated by and is a trademark of RingCentral,
Inc. RingCentral® is the registered trademark of RingCentral, Inc.
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