BY USE OF THE CONVIRZA.COM WEBSITE OR RELATED APPS, including but not limited to Convirza for Advertisers (CFA), Convirza Call Quality Monitoring (CQM), and any related site or APP, the client entity using the site and herein referred to as the “Customer”, and Convirza, headquartered at 405 E. 12450 S. Bldg 2, Ste K, Draper, Utah 84020 and herein referred to as “Convirza”, and collectively referred to as the “Parties”, hereby agree to the privacy statement for the delivery and use of several Software as a Service (SaaS) tools via a web application (herein referred to alternatively as “Service” or “Services”) as set forth below and any accompanying Service Agreement. In consideration of this agreement (Agreement), the Parties hereby agree to the following privacy statement.
- The Parties acknowledge that privacy of end users of the Service, including Customer’s employees and clients, is important and the Parties agree to make all necessary efforts to protect the privacy of the same. Use of the Convirza site(s) or Service(s), demonstrates Customer’s consent to the collection and use of information as outlined in this privacy statement and consent to the Terms and Conditions of use.
- Customer agrees that it has established proper procedures to protect the privacy of its clients’ and employees’ personal information and otherwise comply with all applicable laws and regulations with respect to the data acquired by the Services covered by this Agreement. The Parties agree that information or data (including usage information and data collected through the Service) cannot practicably be stored in a manner which is PCI (payment card industry), HIPAA (healthcare patient confidentiality and security), or GDPR (General Data Protection Regulation for the European Union) compliant. Therefore, Customer agrees to put practices and procedures in place to protect its client information in these areas so they are kept out of the scope of any any requirements of those regulations or standards with respect to call recordings or the capture or storage of other protected personal information that may be gathered by this Service.
- Customer acknowledges that Convirza may also use Customer data for training, quality control, or research and development purposes or for use in normal business operations. Data may be used for developing new services, improving existing services, or developing market and industry intelligence. Any information gathered and used by Convirza for these purposes will not contain personally identifiable information for any parties involved in the call recording.
- Customer agrees to protect login and security information for accessing the information and call recordings collected by this Service for its account(s) with Convirza and to notify Convirza immediately of any breach of security on its end. Convirza cannot be responsible for any data lost, misused, destroyed, or stolen due to Customer’s inability to maintain the security of login information for its account(s). Convirza makes no warranties to cover loss, misuse, or alteration of data, but makes diligent efforts to prevent such from happening.
- Convirza may use third party providers and subcontractors for the Services described in this Agreement (including, but not limited to, credit card processors, telephone service carriers, data service providers, or consultants). Service through these providers may necessarily include providing them with some or all data, recordings, or information covered by this Agreement. Whenever possible, such data would be transmitted in an anonymous format. Information that may be shared with these third parties will be limited to that which is necessary for the delivery of the applicable Service and only if these third parties are prohibited from using the information provided for any other reason or purpose.
- Convirza specifically reserves the right, to the maximum extent permitted by law, to use or disclose any information covered by this Agreement for the purposes of enforcing this Agreement; when requested by law enforcement agencies (whether or not under subpoena); or if it reasonably suspects a violation of the user Agreement, Terms & Conditions of use, or any applicable law or regulation. Convirza may also provide or disclose personal information to law enforcement when required by law (e.g., subpoenas, search warrants and court orders), when it determines that such action is reasonably necessary to protect a party’s rights, property, or well-being or for the purposes of fraud detection or protection, or in other situations involving suspicious or illegal activities. When possible, Convirza will notify and/or obtain permission from Customer prior to disclosing any information it is required by law to disclose. However, in many cases the nature of subpoenas or court orders precludes prior notification.
- Customer agrees to comply with all applicable laws as to privacy of minors and agrees to be familiar with any such laws. Children under age 13 are not permitted to use the call recording service. Convirza does not knowingly collect any information or identifiable information on children without their parent’s consent. If Customer employs minors whose voice may be captured by call recording Services described herein, Customer agrees to obtain written permission from the employees’ parent or legal guardian. Customer agrees to indemnify Convirza from any cause of action related to recording of minors on this Service.