Privacy Policy

LAST UPDATED: May 23, 2023

1.  Introduction

Your privacy is important to you and to us. So we’ll protect the information you share with us.

This Privacy Policy relates to the personal information that CloudWyze, Inc. (“Company” or “CloudWyze”) receives and collects through its web site at http://www.cloudwyze.com and other sites owned and operated by Company that refer to this Privacy Policy, and through all related technologies, software, and services provided by Company, including its hosted products and services (collectively, the “Services”).

We are a private company, established in the U.S.A., registered at PO Box 2420 Wilmington, NC 28402, United States (“Physical Notice Address”) with the contact email address of privacy@cloudwyze.com (“Email Notice Address”).

This Privacy Policy covers both any public-facing web site operated by Company, including, without limitation, http://www.cloudwyze.com (collectively, the “Public Site”) as well as Services provided only to registered users. As noted below, certain parts of the Privacy Policy apply only to the Public Site, and certain parts apply only to the Services.

In addition, please review our Internet Service Provider Terms & Conditions available at https://www.cloudwyze.com/may-2023/internet-service-provider-terms-and-conditions-may-2023/ (our “Terms”) which governs your use of the Services. By using CloudWyze’s Public Site and Services, you consent to the data practices described in this Privacy Policy regarding the collection, use, disclosure, and disposal of your personal information. CloudWyze’s Public Site and Services are designed and targeted to United States audiences and are governed by and operated in accordance with the laws of the U.S. If you are not a U.S. citizen or do not reside in the U.S., you voluntarily consents to the collection, transfer, use, disclosure and retention of your personal information in the U.S. You also agree to waive any claims that may arise under your own national laws.

In addition to the Services referenced herein, Company provides Services to your end-user clients or customers (“Customers”). This Privacy Policy does not impact or change any of the privacy policies, terms, and/or agreements between you and your Customers.

We encourage you to review any applicable institutional privacy policies, terms and agreements to see how your personal information may be used or disclosed by that institution.

2. NOTICE OF INFORMATION COLLECTED AND USE.

(a)      Information Collected and Stored.

We will inform you when we need information that personally identifies you (personal information) or allows us to contact you or provide you with the Services. Generally, this information is requested when you register for our Services or when you fill out our contact form on our Public Site, or sign up for our newsletter.

You may be able to log into our Services using single sign-on providers or single sign-on features of other products. These products will authenticate your identity and may share certain personal information with us such as your name and email address.

Company uses cookies and other technologies on our Public Site and as part of the Services for user session management and to provide a better user experience, including customization of content display. A cookie is text data that a website transfers to the individual’s browser from a web server that is stored on the individual’s computer hard drive. Cookies cannot be used by themselves to identify individuals.

We use various methods and technologies to store or collect usage information (“Tracking Technologies”). A few of the Tracking Technologies used with the Services, include, without limitation, cookies, web beacons, embedded scripts, browser fingerprinting, entity tags, UTM codes (i.e., a code that you can attach to a custom URL in order to track a source, medium, campaign name, etc.), and recognition technologies that make assumptions about users and devices. We use Tracking Technologies for a variety of purposes, including:

• Strictly Necessary. We use Tracking Technologies that we consider are strictly necessary to allow you to use and access our Services, including cookies required to prevent fraudulent activity, improve security or allow you and our Customers to make use of Services functionality.
• Performance Related. We use Tracking Technologies that are useful in order to assess the performance of the Services, including as part of our analytic practices or otherwise to improve the content, ads, products or services offered through the Services.
• Functionality Related. We use Tracking Technologies that are required to offer you enhanced functionality when accessing the Service, including identifying you when you use our Service or keeping track of your specified preferences.
• Targeting Related. We use Tracking Technologies to deliver content, which may include ads, including those promoted by our customers, that we deem relevant to your interests on our Service and third-party services based on how you interact with our advertisements and/or content. This includes using Tracking Technologies to understand the usefulness to you of the content and ads that have been delivered to you.
• Analytics. We use third party analytics tools, including but not limited to Google Analytics that help us understand how users engage with our Services. Like many services, these analytic tools use first-party cookies to track user interactions, as in our case, where they are used to collect information about how users use our Service. This information is, among other reasons, used to compile reports and to help us improve our Service. In most instances the reports disclose website trends without identifying individual visitors. You can opt out of being subjected to any of our analytic tools without affecting how you visit our Service – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page: https://tools.google.com/dlpage/gaoptout. Further, third-parties may use Tracking Technologies in connection with our Services, which may include the collection of information about your online activities over time and across third-party websites or online services as well as across your devices. We do not control those Tracking Technologies and we are not responsible for them. However, you accept that you will encounter third-party Tracking Technologies in connection with use of our Services and accept that our statements under this Privacy Policy do not apply to the Tracking Technologies or practices of such third-parties.

(b)      Location-Based Information. In connection with use of our Services we may use location-based services in order to verify your location and, if we deem appropriate, deliver relevant content and ads based on your location. We also share your location with third-parties (as set out below) as part of the location-based services we offer and for other commercial purposes. You can change the settings on your device to prevent it from providing us with such information. This location data is collected in a form that personally identifies you and will be used by us, and our partners and licensees to provide and improve the Services or for other commercial purposes. You should consider the risks involved in disclosing your location information and adjust your mobile and browser settings accordingly.

(c)      Information Collected and Stored. Text Messages. After you sign up for our Services (subject to your consent where required by applicable law), we may send you text messages as part of a two-part authentication process. In addition, we may send you text messages that provide marketing, promotional, and/or other information. We, and our third-party service providers, use a variety of technologies that automatically (or passively) store or collect certain information whenever we send you a text message. This information will be stored or accessed using a variety of technologies that will be downloaded to your mobile device whenever you receive a text message.

(d)      California Do Not Track Disclosures. Various third-parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do not track signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms.

(e)      Social Network Platforms. CloudWyze has a presence on several social media platforms (e.g., Facebook, Twitter, LinkedIn, Instagram, etc.) and you voluntarily view, sign up to follow, or otherwise engage with our social media at your own level of interest. Your interactions on social media platforms are governed by the privacy policy of the specific platform. CloudWyze may obtain, transport or merge personal information posted publicly on social media platforms, however we will not share any such personal information with any third party, except as otherwise noted in this Privacy Policy.

Some forms of information as described below will be classified as personal information if required by applicable law or when such information is directly associated with or reasonably linked to a specific person, computer or device, or is combined with other forms of personal information.

(f)       Network Information. CloudWyze also collects Network Information, information about Customer access to, and use of, the CloudWyze Network, which may or may not be directly associated with or reasonably linked to a specific person, computer or device. For example, CloudWyze may collect information about the performance of the CloudWyze equipment installed on Customer property or at Customer premises, when Customer is using the Service, the various devices Customer is using to access the Service, the amount of data Customer is transmitting and receiving, the content of the data Customer are transmitting and receiving, the websites Customer is visiting, and any other information that is transmitted over the CloudWyze Network. CloudWyze may also aggregate Network Information from multiple customers and CloudWyze will share such aggregated non-personal information about the overall performance of the CloudWyze Service and the CloudWyze network with our affiliates and other third parties. Aggregated information does not identify a specific individual, computer or device. We use Network Information to monitor and enhance the performance of the CloudWyze network. CloudWyze will not monitor the content of the websites viewed or email communications as part of CloudWyze’s standard network management.

(g)      Registration Process, Billing, and Administration.  CloudWyze collects Customer name, email address, phone number (wired or wireless), billing address and billing information (such as credit card account or other financial account information), service address, and the nature of any of Customer devices or other personal property making use of the Service.  If a Customer subscriber to Company’s VoIP services, Company also collects Customer proprietary network information (“CPNI”) to provide and bill for VoIP services.  CPNI includes any information that relates to the quantity, technical configuration, type, destination, location, and amount of use of Company VoIP service, such as call detail, logs, and specifics regarding a Customer VoIP account that is available to Company from Customers solely by virtue of the provider-customer relationship.  Please note that by law, CPNI does not include a Customer’s name, postal address, or telephone number.  Company will also use this same personal information for the installation, troubleshooting, maintenance of the Services, and servicing of Company equipment.

Generally, CloudWyze will only monitor and preserve the following Network Information:

• When Customer is using the Service;
• How Customer is using the Service, such as monitoring traffic patterns regarding websites visited, amount of data being sent or received, or other activity;
• The amount of data Customer is transmitting and receiving through the Service; and
• General information regarding the performance of the CloudWyze equipment installed on Customer’s property or at Customer’s premises, and its interaction with the rest of CloudWyze’s network.

However, CloudWyze reserves the right to, and may, monitor, access, review and preserve any Network Information and/or content in the following situations:

• In response to an inquiry from Customer or another authorized user on Customer’s account regarding Customer or their use of the Service or problems Customer or they are experiencing using the Service;
• If CloudWyze has reason to believe Customer is using the Service in violation of the Internet Service Provider Terms and Conditions or any applicable statutes, rules, ordinances or regulations;
• If CloudWyze has reason to believe Customer use of the Service is negatively affecting other Customers; or
• When CloudWyze is required by law or legal process to do so, or when CloudWyze in good faith believes that CloudWyze is required by law or legal process to do so.

3. CHOICE

We will inform you when we need information that personally identifies you (personal information) or allows us to contact you or provide you with the Services. Generally, this information is requested when you register for our Services or when you fill out our contact form on our Public Site, or sign up for our newsletter.

Company may receive certain information about you and your Customers during the implementation and provision of Services. For example, you may provide basic information about your Customers when setting up the Service for use. You may be able to log into our Services using single sign-on providers or single sign-on features of other products. These products will authenticate your identity and may share certain personal information with us such as your name and email address.

4. WHAT WE DO WITH THE INFORMATION YOU

Company will share all personal information obtained via the Service with third parties only in the ways that are described in this Privacy Policy. Company shares information under the following circumstances:

(a)      Information held in the Services may be accessed by and shared in order for to manage any product offerings and services.

• We may also use your Information to deliver product information from third parties to you through our Services.
• We will use your information to provide the Services, and we may provide information to companies that assist us in providing Services, such as a hosting provider or a customer service provider. These companies are authorized to use your information only as necessary to provide these Services and to assist with supporting our users.
• We may share your information in response to subpoenas, court orders, and other legal processes or governmental requests, or to establish or exercise our legal rights or defend against legal claims.
• Company may share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, protecting and defending the rights or property of Company, its Services and its users, violations of our Terms, or as otherwise required by law.
• In the event that Company is acquired by or merged with another company, Company may share information regarding our users with that company. Company will notify you before information about you is transferred that becomes subject to a different privacy policy.

(b)      Legitimate Interests. As it is in our legitimate interests to be responsive to you and to ensure the proper functioning of our Services and provide you with a user-friendly service, we will use your personal information, and/or usage information:

• to provide you with information such as to send you electronic correspondence or to provide you with promotional and marketing materials on behalf of us or third-parties, including to let you know about new products or services;
• manage risk, or to detect, prevent, and/or remediate fraud or other potentially prohibited or illegal activities;
• manage and protect our information technology infrastructure;
• to improve the Services, marketing endeavors or our Services offerings;
• to customize your experience on the Services or to serve you specific content or ads that we deem are relevant to you;
• to identify your Services related preferences so that you can be informed of new or additional opportunities, products, services and promotions;
• to improve the overall experience at the Services;
• to comply with our legal and regulatory obligations;
• for internal business purposes; and
• for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

(c)      CPNI.  If you are a VoIP Customer, Company will not disclose Customer CPNI to third parties for their own marketing or advertising purposes.  Additionally, Company does not use CPNI for Company’s own marketing or advertising of different Company services or products not related to a Customer’s current Services, unless Customer authorizes us to do so.  Customer’s denial of Company’s use of Customer CPNI for any marketing or advertising purposes will not change or affect the Services Customer currently receives from Company.

(d)      California Privacy Rights. We may elect to share information about you with third-parties for those third-parties’ direct marketing purposes. California Civil Code § 1798.83 permits California residents who have supplied personal information (as defined in the law) to us to, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of personal information to third-parties for their direct marketing purposes. If this law applies to you, you may obtain the categories of personal information shared by us and the names and addresses of all third-parties that received personal information for their direct marketing purposes from us during the immediately prior calendar year (e.g., requests made in 2021 will receive information about 2020 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. To make such a request (limit one request per year), please contact us at our Email Notice Address with “California Privacy Rights” as the subject line or mail us a letter to us at our Physical Notice Address. You must include your full name, email address, and postal address in your request.

(d)      Nevada Privacy Rights – “Do Not Sell My Personal Information”. We may elect to share information about you with third-parties for those third-parties’ direct marketing purposes. Nevada Revised Statutes §§ 603A.300-.360 permits Nevada residents who have supplied personal information (as defined in the law) to us to, under certain circumstances, request and opt out of the sale of your personal information to third-parties for their direct marketing purposes. If this law applies to you, and you wish to make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a Nevada resident and provide a current Nevada address for our response. To make such a request, please contact us at our Email Notice Address with “Nevada Privacy Rights” as the subject line or mail us a letter at our Physical Notice Address. You must include your full name, email address, and postal address in your request.

5. ACCESS AND CONSENT.

Generally, Customer may access the following personal information in Customer’s account:

• Full name
• Username and password
• Email address
• Telephone number; and
• Billing and Service address
• Account and billing information

By contacting CloudWyze at privacy@cloudwyze.com or through our Support Portal and/or via telephone, CloudWyze may enable Customers to view, access and modify Customer account settings, and in some cases, edit or delete the personal information listed above. CloudWyze will retain historic email, billing and/or Service addresses for security and verification purposes and Customers may not delete such information even after the subscription expires or terminates.

Existing Customers may not delete any personal information because such information is necessary to provide and bill for the Services. In addition, personal information of existing Customers may need to be retained for protection of CloudWyze, our affiliates, employees, Operational Service Providers (as defined below), users, Customers and public safety and/or when required by law or in response to legal process. Customers, however, may update or modify the following personal information:  Full name, Username and password, email address, and telephone number.

CloudWyze may use any aggregated data derived from Customer’s personal information but not in a manner that would identify Customer personally. CloudWyze may also maintain personal information regarding Customer and Customer’s use of the Service after Customer is no longer a CloudWyze Customer as required by CloudWyze’s business practices, by law, and/or tax reporting purposes. The information Customer can view, update, and delete may also change if required by law. If Customer has any questions about viewing or updating information CloudWyze has on file about Customer, please contact CloudWyze at privacy@cloudwyze.com.

6. standard contractual clauses

To the extent Company has agreements in place with any affiliates or subprocessors, each who may have access to the personal data, such agreements shall incorporate the EU Commission approved Standard Contractual Clauses (“Standard Contractual Clauses”).

7. ONWARD TRANSFER OF INFORMATION.

Customer’s personal information will only be disclosed to third parties (including CloudWyze’s affiliates) as listed in this Privacy Policy, and if CloudWyze has received your consent at the time CloudWyze collects your personal information or prior to the disclosure of any personal information. CloudWyze reserves the right to fully use, disclose and process any non-personal information collected from Customer in any manner as well as any information Customer makes public via CloudWyze Services or our website.

• To Third-Party Service Providers That We Use to Support Our Business (“Operational Service Providers”): CloudWyze and its affiliates contract with other companies and people to perform tasks or services on CloudWyze’s behalf and need to share Customer personal information to provide products or services to Customers. For example, CloudWyze may use a payment processing company to receive and process Customer’s ACH or credit card transactions for CloudWyze, or CloudWyze may contract with third parties to assist CloudWyze in optimizing CloudWyze’s network. Unless CloudWyze tells Customer differently, CloudWyze does not grant its Operational Service Providers any right to use the personal information CloudWyze shares with them beyond what is necessary to assist CloudWyze.
• For Business Transfers/Restructuring: CloudWyze may choose to buy or sell assets, or CloudWyze may sell assets or be sold. In these types of transactions, customer personal information is typically one of the business assets that would be disclosed and transferred. Also, if CloudWyze (or CloudWyze’s assets) are acquired, or CloudWyze goes out of business, enter bankruptcy, or go through some other change of control, including restructuring, re-organization or financing arrangements, personal information could be one of the assets disclosed, transferred to or acquired by a third party.
• For Protection of CloudWyze, and Our Affiliates, Employees, Operational Service Providers, Users and Customers and Public Safety: CloudWyze reserves the right to access, read, preserve, and disclose any personal Information CloudWyze has access to if CloudWyze believes doing so will implement and/or enforce the Internet Service Provider Terms and Conditions, Privacy Policy or any legal document; protect our network(s), website(s), and company assets; protect the interests, rights, property, and/or safety of CloudWyze or Our affiliates, employees and officers/directors, Operational Service Providers, Resellers, Customers, agents, representatives, third party licensors or suppliers, or the general public.
• When Required by Law or in Response to Legal Process: CloudWyze reserves the right to access, read, preserve, and disclose any personal information when CloudWyze is required by law or legal process to do so, or if CloudWyze has a good faith belief that CloudWyze is required by law or legal process to do so.

8. SECURITY

CloudWyze endeavors to protect the privacy of Customer’s account and other personal information using reasonable administrative, technical and physical security measures. However, CloudWyze cannot and do not guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of personal information at any time. Customer’s account is protected by a User ID and password for Customer’s privacy and security. It is Customer’s responsibility to prevent unauthorized access to Customer’s account and personal information by selecting and protecting Customer password and/or other sign-on mechanism appropriately and limiting access to Customer computer, tablet or device and browser by signing off after Customer has finished accessing Customer’s account. Customer is required to notify us immediately if Customer’s password or account has been disclosed to a person whose name does not appear on Customer’s account, even if you have allowed such disclosure. Customer understands, acknowledges and agrees that Customer is solely responsible for any use of CloudWyze Services via Customer’s username and password.

Additionally, if a VoIP Customer contacts CloudWyze via telephone or in person, CloudWyze will ask Customer for verification of Customer’s identification and account. Customers seeking access online or via a Customer-initiated telephone call must first provide CloudWyze a password. Customers may access their account or personal information in-person at a retail store, however, Customers are required to provide a valid non-expired government-issued photo ID before CloudWyze may disclose their information.

CloudWyze will not send an email or text, nor should Customer respond to any email or text communications asking for any sensitive or confidential personal information, such as social security number, bank account or credit card account number, or a driver’s license number. If Customer receives an email or text requesting any such information from CloudWyze or someone that claims they are with CloudWyze or our affiliates please contact our Privacy Administrator immediately at privacy@cloudwyze.com.

9. CHILDREN’S PRIVACY.

Company does not knowingly collect or maintain information acquired through our site from persons under 13 years of age, and no part of the site or services is directed to persons under 13 years of age. Any user under 13 years of age should not use or access our site at any time or in any manner. If Company learns that personally identifiable information of persons less than 13 years of age has been collected from our site without verified parental consent, then Company will take the appropriate steps to delete this information.

10. DISPUTE RESOLUTION.

Any questions or concerns regarding the use or disclosure of personal information should be directed to Company pursuant to the contact information below. Company will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Privacy Policy.

Except for the right of either party to apply to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, any controversy or claim arising out of or relating to this Agreement, or a breach thereof, the parties hereto shall first attempt to settle the dispute by mediation, administered by the American Arbitration Association under its Mediation Rules. If settlement is not reached within sixty (60) days after service of a written demand for mediation, any unresolved controversy shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one or three. The place of arbitration shall be Raleigh, North Carolina. The law of the state of North Carolina shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

11. IN THE EVENT OF MERGER, SALE, OR BANKRUPTCY.

In the event that all or part of Company is acquired by or merged with a third party entity, Company may transfer or assign the personally identifiable information held by Company as part of such merger, acquisition, or other change of control. In the unlikely event of Company’s bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, Company may not be able to control how personal information is treated, transferred, or used.

12. CHANGES TO THIS PRIVACY POLICY.

This Privacy Policy may be revised periodically by Company, as reflected by the “last updated” date above. Please revisit this page to stay aware of any changes.

13. CONTACT INFORMATION.

Company welcomes questions and comments regarding this Privacy Policy. We may be contacted at our Email Notice Address.