DRAFT — under review by counsel and not yet in effect. Until it is published, service is provided under the written agreement you sign with us.
This Privacy Policy explains how [COMPANY LEGAL NAME] ("Company", "we", "us" or "our"), of [ADDRESS], collects, uses, shares and protects information in connection with the FaxDev internet-based fax service, our websites, and related applications, APIs and tools (together, the "Service"). It forms part of our Terms of Service. Capitalized terms not defined here have the meanings given in the Terms of Service.
The Service is offered to businesses. Where we process the contents of faxes and other information on behalf of a customer, we do so as that customer's service provider (or "processor"), under the customer's instructions and our agreement with the customer. In that case the customer, not us, decides why and how that information is processed, and questions about it should go to the customer first.
1. Information we collect
Account information. When you or your organization create an account or invite users, we collect names, business names, email addresses, phone or fax contact numbers, billing addresses, user roles, passwords (stored only as one-way hashes) and two-step verification settings.
Fax metadata. For each fax we record information such as the sending and receiving numbers, the time, the number of pages, delivery status and attempt history, the account and user or API key involved, client references you supply, and related routing information.
Document content. We receive and store the documents you send and the faxes you receive, including any cover pages and the information they contain. Documents are stored encrypted for the retention period set on the account and are then deleted, as described in Section 5.
Contacts and settings. Contact lists, notification recipients, webhook endpoints, retention periods and other settings you configure.
Usage and log information. When you use the Service we automatically collect technical information such as IP addresses, browser and device information, the date and time of requests, the pages and API operations used, error information, and audit records of sign-ins and of who viewed or downloaded each document.
Payment information. Payments are handled by our third-party payment processor. Your full payment card or bank account details are collected and stored by the processor, not by us. We receive limited information from the processor, such as a token, the card brand, the last four digits, the expiration date, the billing postal code and the payment status.
Communications. When you contact us for support, sales or any other reason, we keep the content of those communications and your contact details.
2. How we use information
We use the information we collect to:
- provide, operate and maintain the Service, including converting, sending, receiving, storing and delivering faxes and notifying you about them;
- create and manage accounts, authenticate users, and enforce the security settings you choose;
- calculate charges, bill, collect payment, and prevent and handle payment fraud and chargebacks;
- secure the Service, monitor for and investigate abuse, unsolicited fax advertising, fraud and other violations of our Terms of Service and Acceptable Use Policy;
- provide support and respond to requests;
- send service, billing, security and legal notices (these are not marketing, and you cannot opt out of them while you have an account);
- send information about our products, where permitted by law (you can opt out at any time);
- analyze, maintain and improve the Service, using aggregated or de-identified data wherever practical;
- comply with law, legal process and requests from public authorities, and establish, exercise or defend legal claims.
We do not use the contents of your fax documents for advertising, and we do not sell personal information or share it for cross-context behavioral advertising.
3. How we share information
We share information only as described here:
- Service providers. With vendors who host and operate the Service for us, such as cloud hosting, encrypted document storage, email delivery, customer support, and payment processing. They may use the information only to provide services to us.
- Carriers and networks. With carriers and other network operators as needed to route and deliver faxes and to receive faxes sent to your numbers. This necessarily includes the destination and sending numbers and the fax transmission itself.
- Your organization and reseller. With the administrators of your organization and, if your account is provided through a reseller, with that reseller, who can see account, usage, billing and audit information for the accounts they manage.
- Recipients and integrations you choose. With the fax recipients you send to, and with the email addresses, webhook endpoints, applications and agents you configure.
- Legal and safety. When we believe in good faith that disclosure is required by law, subpoena or other legal process, or is necessary to protect the rights, property or safety of us, our customers or others, to investigate fraud or abuse, or to enforce our agreements.
- Business transfers. In connection with a merger, acquisition, financing, reorganization, bankruptcy or sale of all or part of our business or assets, subject to customary confidentiality protections.
- With consent. For any other purpose with your consent or at your direction.
4. Cookies
The Service uses only the cookies and similar technologies that are needed for it to work, such as cookies that keep you signed in, protect against cross-site request forgery, and remember your preferences. We do not use advertising cookies or third-party tracking cookies. Our public marketing website does not set cookies. If you block cookies in your browser, you may not be able to sign in to the Service.
5. Retention
- Fax documents are kept for the retention period set on each account, within the minimum and maximum periods the Service allows (some features, such as HIPAA mode, require a longer minimum), and are then deleted. Documents may remain in encrypted backups for a limited additional period before they are overwritten.
- Fax metadata, billing and audit records are kept for as long as the account exists and afterwards for as long as we reasonably need for legal, tax, accounting, security and dispute-resolution purposes. Audit records are generally kept for six years.
- Account information is kept while the account is active and for a reasonable period after it is closed.
- After your account is terminated we have no obligation to keep your documents, and we may delete them at any time, as described in the Terms of Service.
6. Security
We use administrative, technical and physical safeguards designed to protect information, including encryption in transit, encryption of stored fax documents, access controls and least-privilege access for our staff and systems, two-step verification options, audit logging of document access, and isolation between customer accounts. No method of transmission or storage is completely secure, and we cannot guarantee the security of any information. Faxes delivered to or received from fax machines outside the Service travel over networks we do not control. You are responsible for protecting your credentials and for the security settings you choose.
7. Your choices and rights
Depending on where you live, you may have the right to request access to, a copy of, correction of, or deletion of personal information we hold about you, and to object to or restrict certain processing. Account administrators can view and update most account information and delete fax documents directly in the Service.
To make a request, email [PRIVACY CONTACT EMAIL] or write to us at [ADDRESS]. We will verify your request using information associated with your account and respond within the time required by applicable law. If your information is processed by us on behalf of one of our customers (for example, the contents of a fax sent to or by your organization), we will refer your request to that customer and assist them as required. We may decline requests where permitted by law, for example where we must keep information for legal reasons or where a request would affect the rights of others. We will not discriminate against you for exercising your rights.
You can opt out of marketing emails at any time using the unsubscribe link in the email.
8. State privacy law notice (including California)
This section supplements the rest of this policy for residents of states with consumer privacy laws, including the California Consumer Privacy Act, as amended ("CCPA"). It serves as our notice at collection.
- Categories of personal information we collect: identifiers (such as name, email address, IP address and account identifiers); commercial information (such as services purchased and billing history); internet or other electronic network activity (such as usage and log information); professional or employment-related information (such as business name and role); and the contents of communications you send or receive through the Service.
- Sensitive personal information: account log-in credentials. We use sensitive personal information only for purposes permitted by law, such as providing and securing the Service, and not to infer characteristics about you.
- Sources: you, your organization or reseller, your use of the Service, and our service providers.
- Purposes: the purposes described in Section 2.
- Disclosures: to the categories of recipients described in Section 3, for business purposes.
- Sale and sharing: we do not sell personal information and do not share it for cross-context behavioral advertising, and we have not done so in the past twelve months. We do not knowingly sell or share the personal information of anyone under 16.
- Retention: as described in Section 5.
- Your rights: the rights described in Section 7, including the rights to know, delete and correct, and the right not to receive discriminatory treatment for exercising them. You may use an authorized agent, who must provide proof of authorization.
9. Children
The Service is intended for business use by adults. It is not directed to children, and no one under 18 may use it. We do not knowingly collect personal information from anyone under 18. If you believe a person under 18 has provided us personal information, contact us and we will delete it.
10. International transfers
The Service is operated from, and information is stored and processed in, the United States. If you use the Service from outside the United States, you understand that your information will be transferred to, stored and processed in the United States and other countries where we or our service providers operate, whose data protection laws may differ from those of your country. Where required, we rely on appropriate safeguards for those transfers.
11. Changes to this policy
We may change this Privacy Policy at any time by posting the revised version with a new "Last updated" date. We may also notify you by email or in the application. Changes take effect when posted unless a later date is stated, and your continued use of the Service after that date means you accept the revised policy.
12. Contact
[COMPANY LEGAL NAME], [ADDRESS]. Privacy requests and questions: [PRIVACY CONTACT EMAIL].