IBERCALL LLC
Privacy Policy
Last Updated: February, 27th 2020
PLEASE READ THIS PRIVACY POLICY CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, DISPUTE RESOLUTION, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US.
Welcome to the Privacy Policy ("Agreement"). This is a legal agreement between you and IBERCALL hereinafter referred to as "IBERCALL", the "Company," or "We".
We know that the privacy of Your personal information is important to You. The personal information You submit to IBERCALL by visiting and using IBERCALL's websites and mobile applications (collectively, the "sites"), telephone and chat psychic readings (collectively, the "services”)is governed by this Privacy Policy, which is incorporated herein by reference and made a part of the Terms of Use. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.
This Privacy Policy describes how we use, store, disclose, and process information that we obtain about You through any of our Sites or using our Services.
Although this Privacy Policy applies to residents of the United States only, if you live in the European Economic Area (EEA), the Company is subject to the European General Data Protection Regulation 2016/679 EU's General Data Protection Regulation (the "GDPR") which you can read more about in Section 12 herein. Should You have any questions regarding the protection of Your personal data please contact us at info@ibercall.com
or by mail at:
PLEASE NOTE THAT BY USING OR ACCESSING ANY SITES OR SERVICES TO WHICH THIS PRIVACY POLICY IS POSTED OR LINKED OR PROVIDED, YOU CONSENT TO THE TERMS OF THIS PRIVACY POLICY.
1. What types of information do we collect and how do we collect it?
2. How do we use information collected about You?
3. How long do we maintain Your personal data?
4. To whom do we disclose information collected about You?
5. What are our policies for cookies and similar technologies?
6. How do we secure information collected about You?
7. Do our Sites support "DO NOT TRACK" signals?
8. Do we share information about You with third parties for their own direct marketing purposes?
9. What are the policies of linked websites and other third parties?
10. What is our policy on use of our Sites by children?
11. How can You correct, update or make choices about the information collected about You that we are storing?
12. Additional disclosures for Customers based in the European Union.
13. What are the terms regarding any future changes to this privacy policy?
14. What law governs any disputes regarding this privacy policy?
15. How can You contact us?
1. WHAT TYPES OF INFORMATION DO WE COLLECT AND HOW DO WE COLLECT IT?
IBERCALL collects various types of personal information about you, both online and offline, during the course of our business relationship. There are several ways we may obtain information about you, including through information you provide to us directly and information that we automatically collect. This includes data that identifies you personally whether directly (e.g., your name) or indirectly (e.g., information about your online use). When You use or access any of our Sites or Services, we may collect a variety of information about You and others, as described below.
A. Personal Data About You That You Provide.
When You use or access any of our Sites or use our Services, we may ask You to provide us with certain Personal Data, including but not limited to some or all of the following: Your first name, last name, username, email address, telephone number, current mailing addresses, credit or debit cards, payment address, driver's license number or other government issued identification number (or a copy of Your driver's license or other government issued identification card), date of birth, time of birth, birth location, and time zone. You may be asked for this information at various times when interacting with our Sites or use our Services, such as when registering to be a Customer of any of our services, when making a purchase through any of our Sites, or when filling out a form or participating in a promotion through our Sites.
B. Personal Data About You That We Collect Via the Sites.
When You use or access any of our Sites, we may also collect certain personal data through automated means, including but not limited to, machine ID, geolocation information, computer and connection information, browser type, Internet Protocol ("IP") address (a number that is automatically assigned to Your computer when You use the Internet, which may vary from session to session), and date and time stamps for Your visits. We also may collect any telephone number from which You contact us.
C. Information About You That We Collect from Others.
We may collect information about you from other online sources or from third party sources to help us tailor our communications to you, to improve our Sites and Services or any other purposes.
D. Information Collected by Third-Party Integrated Software Within the Sites.
As with many operators of websites and mobile applications, we may incorporate third-party ads, offerings, and other technologies (such as plugins, pixels, and cookies) into our Sites, enabling the third parties operating such ads, offerings, and other technologies to collect usage, demographic, and other information (including personal data) about You and Your online activities through Your use of our Sites and across other websites and applications. Any information collected through such integrated ads, offerings, or other technologies on our Sites is collected directly by those third parties for use and disclosure subject only to any applicable privacy policies of such third parties.
E. Other Information That We Collect Via the Sites.
When You use or access our Sites, we also may collect certain information associated with Your activities on our Sites, including information about the way You interact with our Sites or any content or advertising thereon, statistics regarding Your page views and traffic to and from our Sites, and the number of bytes transferred, hyperlinks clicked, and other actions You take on our Sites. Each of our Sites also track some of Your web-browsing activity. For example: some of our Sites track the URL that You visited before visiting our Sites and the URL You leave our Sites for. As with most websites and digital Sites, we also employ cookies, pixel tags, web beacons, and similar technologies on our Sites to collect and store certain information about visitors to our Sites, to improve our services and advertising, and to help us remember You and Your preferences when You revisit our Sites. For more information, please see our Cookies Policy section 5 hereunder.
F. Information in Your Inquiries and Posts.
We also collect any information You send to us through any of our Sites, including information about You in correspondence, mail, emails and responses to our customer service communications. We also collect information from content You post in online reviews, comments on our Sites.
G. Telephone call monitoring and recording
Calls may be monitored or recorded for record-keeping, training, quality assurance and legal purposes.
H. Chat message or text correspondence monitoring and recording
Chat messages or text correspondence may be monitored or recorded for record-keeping, training, quality assurance and legal purposes.
2. HOW DO WE USE INFORMATION COLLECTED ABOUT YOU?
The Company may use the information we collect from and about you for a variety of business purposes, as presented below. We are committed to protecting and maintaining the privacy of your information. Therefore, we will process your personal data only in accordance with applicable personal data protection law and this Privacy Policy.
We will have a lawful basis for processing your personal data if:
- We need to process your information in order to provide you with the Sites and Services you have requested or to enter into a contract;
- You have consented to such processing;
- We have a legitimate interest for processing your personal data – e.g., for fraud prevention; network and information systems security; data analytics; enhancing, modifying or improving our services; identifying usage trends; determining the effectiveness of promotional campaigns; and personalization of the service using personal data to make it easier and faster for you to place orders; and/or
- We are required to do this by law (for example, where it is necessary to retain it in connection with potential litigation).
IBERCALL may use the information we collect from and about you for any of the following purposes: - To confirm Your identity;
- To administer Your account on any of our Sites;
- To administer Your Registration;
- To provide You with the services that you have requested. For example, if you sign up for horoscopes we will send you horoscopes.
- To respond to your inquiries, fulfill orders, and contact and communicate with you when necessary;
- To develop new products or services and to conduct analysis to enhance current products and services;
- To review the usage and operations of our Sites and improve the design and content of our Sites;
- To personalize your experience on the Sites and provide you with customized content, targeted offers, and advertising on the Sites or via email;
- To contact you with information, newsletters, and promotional or other marketing materials offering products or services from IBERCALL INC or on behalf of our partners, affiliates, or subsidiaries that we think you may be interested in;
- To use your personal data in an aggregated non-specific format for analytical and demographic purposes (this processing may involve profiling – for example to create audiences based on demographic or location based information for marketing and customization purposes);
- To address problems with the Sites or Services or our business;
- To contact You regarding customer service;
- To inform You of changes made to our Sites or Services;
- To enforce our Sites' policies and terms of service, and investigate potential violations of such policies or terms;
- To manage our telecommunications networks;
- To protect the security or integrity of the Sites and our business;
- As otherwise described to you at the point of personal data collection; and
- To use and disclose your credit/debit card or payment account information only to process payments and prevent fraud.
Compliance with Do Not Call List Registry – Federal Trade Commission (FTC)
You may choose not to receiving telemarketing sales calls by registering your phone number to the FTC’s National Do Not Call Registry.
IBERCALL will not place phone calls to You, provided You have asked to be on the IBERCALL-specific Do Not Call list.
IBERCALL may call You if an established business relationship exists between You and TELAMAC. By formerly accepting and agreeing to the Terms of Use, You become a IBERCALL’s Customer, and therefore a business relationship is established between You and IBERCALL. Consumers visiting our Sites without registration or opening an account are considered as Prospects.
As a Customer, we may call You within 18 months after the date of the latest
contact with IBERCALL.
As a Prospect, we may call You within 3 months after the date of the latest contact with IBERCALL.
3. HOW LONG DO WE MAINTAIN YOUR PERSONAL DATA
We will store Your personal data for no longer than is necessary for the purpose for which such personal data is processed. Please note, however, that we may retain and use Your personal data as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements and rights, or if it is not technically and reasonably feasible to remove such information from our databases, which means that we may retain and use Your personal data as necessary after You stop using our Sites and Services. Subject to the foregoing, we will endeavor to delete Your personal data promptly upon Your written request.
The retention periods for personal data in IBERCALL have been designed to reflect the retention period of the original personal data source. The database is automatically updated on a regular basis, and personal data will not be stored beyond a reasonable time after it has been removed from the original source.
The personal data will be kept for the duration of the usage of the Services and at most 5 years after the date of the latest contact with the company. The personal data will be kept for the duration of the usage of the Services and at most 5 years after the date of the latest contact with the company. The retention periods for personal data in IBERCALL can be extended as necessary in any event of dispute management, collection needs, criminal activity and in order to prevent possible illegal behaviour. When such requirements no longer exist, personal data will be deleted.
4. TO WHOM DO WE DISCLOSE INFORMATION COLLECTED ABOUT YOU?
We may share or disclose information about You to third parties in the following situations:
A. Other Customers.
In connection with making the Sites available to our Customers, we may disclose certain information about You (including Your firstname, username, and date of birth) to other Customers of the Sites, solely as directed by You or as authorized under our terms of service for the applicable Platform (e.g., testimonials).
B. Our Affiliates.
We may disclose information collected about You to our affiliates—that is, to any entity that controls, or is controlled by, or is under common control with IBERCALL. However, personal data collected about You by one entity in our corporate family will not be disclosed to any affiliate (i.e., to any other entity in our corporate family) for their direct marketing purposes, without Your consent.
C. Third-Party Service Providers.
We also disclose information collected about You to our third-party service providers and other partners who perform services on our behalf in connection with any of the Sites and Services. The services provided by such third parties and partners include services in the following categories:
Unless You consent, we do not permit our service providers to use such information in order to market their own products or services to You directly. When we transfer any of Your personally identifiable information to such a service provider or partner, that entity will be contractually required, among other things, (a) to use such information only to carry out those services that we have requested, (b) to abide by this Privacy Policy, and (c) to provide adequate protection for such information (as required by applicable legal requirements).
D. Third-Party Operators of Integrated Technologies.
As noted above, information about You collected via third-party ads, offerings, and other technologies integrated with any of our Sites will be collected directly by (and thus disclosed to) the third parties providing or operating such ads, offerings, or other technologies. Any such information may be used and further disclosed subject only to any applicable privacy policies of such third parties. For more information about our practices in this area, please see our Cookies Policy linked in the footer of such Platform.
E. General Public.
We may share with the general public via our Sites, or re-publish on a third-party website, any information that You post as a Customer of one of our Sites. This may include information that identifies You (by username or otherwise).
F. Third Parties Involved in Business Transition.
We may share information about You collected through the Sites to one or more third parties in connection with or during negotiation of any merger, financing, acquisition or dissolution, transition, or proceeding involving the sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy or receivership, such information may also be transferred as a business asset. If another company acquires any of our companies, businesses or assets, that acquiring company may acquire the information about You collected by us through our Sites or Services. We do not guarantee that any entity receiving such information in connection with one of these transactions will comply with all of the terms of this Privacy Policy following such transaction.
G. Our Advisors.
We may also share information collected about You with our auditors, legal advisors, and similar third parties in connection with our receiving their professional services, subject to standard confidentiality obligations.
H. Law Enforcement.
We may disclose information about You to the government or to third parties under certain circumstances when legally obligated to do so, such as in connection with suspected illegal activity in connection with the Sites, or to respond to a subpoena, court order or other legal process, or that we believe may aid a law enforcement investigation. We reserve the right to release information collected through the Sites to law enforcement or other government officials, as we, in our sole discretion, deem necessary or appropriate.
I. Legal Processes.
We may share all types of information with others as required by, or permitted by, law. This may include sharing all types of information with governmental entities, or third parties in response to subpoenas, court orders, other legal process, or as we believe is necessary to exercise our legal rights, to defend against legal claims that have been brought against us, or to defend against possible legal claims that we determine in our sole discretion might be brought against us.
J. Psychic Readers
Note that our Psychic Readers are employees of affiliated companies or independent contractors not employed directly by IBERCALL. We contractually require that our Psychic Readers protect the privacy of your personal information consistent with this Privacy Policy and not use or disclose your personal information for any purpose other than providing You with the Services you request through the Sites or by phone. You should also take care to protect your personal information and privacy. There is no reason that you should provide any of our Psychic Readers with personal contact information, specific financial information, including, but not limited to, account numbers or other confidential information related to your identity. It is a violation of our Terms of Use for you to be in direct contact with any of our Psychic Readers outside the Services – if you do so, IBERCALL bears no liability for any resulting actions, and your ability to use our services may be revoked.
K. Other Third Parties.
We may share information with other third parties that are not described above if You give us consent to do so. Otherwise, when we do so we will endeavor to either aggregate or de-identify the information so that a third party would not be likely to link data to You, Your computer, or Your device. Aggregation means that we combine the information of numerous people together so that the data does not relate to any one person. De-identify means that we remove or change certain pieces of information that might be used to link data to a particular person.
5. WHAT ARE OUR POLICIES FOR COOKIES AND SIMILAR TECHNOLOGIES?
Like many websites and applications, our Sites uses cookies and other technologies (such as web beacons, web storage, and unique advertising identifiers) for different purposes. ln this Privacy Policy, we refer to all of these technologies as "cookies." Through cookies, we are collecting information about Your device and Your activity, for example Your browser type and browser information, Your computer's operating system, Your IP address, the pages You viewed or the features You used.
This policy explains how and why we use cookies and the choices You have.
A. WHAT IS A COOKIE?
A cookie is a small text file stored by Your web browser on Your computer or mobile device. Some cookies are essential for our Sites to work and help us provide You with relevant information. They also allow us to recognize Your computer (but not specifically who is using it) when You access our Sites and to improve the usability and performance of our Sites.
B. WHAT DO WE USE COOKIES FOR?
We use cookies to make our Sites easier to use and to better tailor the online experience to Your interests and needs. Cookies may also be used to help speed up Your future activities and experiences on our Sites. We also use cookies to compile anonymous, aggregated statistics that allow us to understand how people use our Sites and to help us improve their structure and content. We cannot identify You personally from this information.
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our Sites. They include, for example, cookies that enable You to log into secure areas of our Sites or use our shopping basket services.
- Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our Sites when in use. This helps us to improve the way our Sites work, for example, by ensuring that Customers are finding what they are looking for easily.
- Functionality cookies. These are used to recognize You when You return to our Sites. This enables us to personalize our content for You, greet You by name and remember Your preferences (for example, Your choice of language or region).
- Targeting cookies. These cookies record Your visit to our Sites, the pages You visit and the links You followed. We may use this information to make our Sites more relevant to Your interests.
C. DO WE USE THIRD PARTY COOKIES?
The only third-party cookies which may be used on our Sites are those that track Customer interaction with our Sites in order for us to monitor traffic levels, Customer interaction and goal conversion. These cookies are used purely to help us improve the service we offer to our visitors and the information collected cannot and will not be used to identify individuals.
D. TURNING OFF AND DELETING COOKIES
You may refuse to accept cookies by activating the setting on Your browser which allows You to refuse the setting of cookies. If You select this setting You may be unable to access certain parts of our Sites. Unless You have adjusted Your browser settings so that it will refuse cookies, our system will issue cookies when You access our Sites. If You use different devices to view and access our Sites (for example, Your computer, smart phone, tablet etc.) You will need to ensure that each browser on each device is adjusted to suit Your cookie preferences.
If You disable the cookies that we use this may impact Your experience while on our Sites.
E. OTHER IDENTIFICATION TECHNOLOGIES THAT MAY BE USED BY OUR SITES
Pixel tags (also called beacons or pixels) – these are small blocks of code installed on (or called by) a webpage or application, which can retrieve certain information about your device and browser, including device type, operating system, browser type and version, website visited, time of visit, referring website, IP address and other similar information.
Software Development Kits (also called SDKs) - function like pixels and cookies, but operate in the mobile application context where pixels and cookies cannot always function. The application developer can install pieces of code (the SDK) into the application to collect certain information about Customer interaction with the application and information about the Customer device and network information.
F. MORE INFORMATION
For further information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, you can visit www.allaboutcookies.org and www.youronlinechoices.eu.
6. HOW DO WE SECURE INFORMATION COLLECTED ABOUT YOU?
The Company is committed to handling your customer information with high standards of information security. We have implemented and follow reasonable industry standard technical and procedural measures (including encryption of certain information) intended to protect against unauthorized access and use of information collected in connection with the use of our Sites and Services.
We maintain physical, electronic and procedural safeguards that comply with federal regulations and generally accepted standards to guard your nonpublic personal information, both during transmission and once we receive it. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).
In addition, we contractually require that our Psychic Readers protect the privacy of your personal information consistent with this Privacy Policy and not use or disclose your personal information for any purpose other than providing you with the services you request through the Sites, through chat or by telephone.
HOWEVER, PLEASE NOTE WE CANNOT FULLY ELIMINATE THESE RISKS AS, DESPITE OUR BEST INTENTIONS, NO TECHNOLOGY IS COMPLETELY SECURE. OUR SITES ARE OPERATED ON DIGITAL NETWORKS, SOFTWARE, AND HARDWARE, ANY COMPONENT OF WHICH MAY, FROM TIME TO TIME, EXPERIENCE BREACHES OF SECURITY OR OTHER ISSUES BEYOND OUR CONTROL.
Accordingly, we cannot guarantee that any information collected about You, whether during transmission or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others who do not have Your authorization. Any such transmission or sharing is done at Your own risk.
You also play a role in protecting Your personal information. Please do not share Your username or password with others.
7. DO OUR SITES SUPPORT "DO NOT TRACK" SIGNALS?
At this time, our websites do not support "Do Not Track" preferences ("DNT”). When available, DNT preferences are located in Your browser and inform websites that You do not want them collecting certain kinds of information. If You turn on the DNT settings on Your browser, our websites are not currently capable of following whatever DNT preferences You set. For more information about Do Not Track, visit donottrack.us.
8. DO WE SHARE INFORMATION ABOUT YOU WITH THIRD PARTIES FOR THEIR OWN DIRECT MARKETING PURPOSES?
We do not disclose Your personal data to third parties for their own direct marketing purposes without Your consent.
9. WHAT ARE THE POLICIES OF LINKED WEBSITES AND OTHER THIRD PARTIES?
Our Sites do not contain links to other websites that are not covered by this Privacy Policy and where information practices may be different from ours.
In addition, The Sites may offer you the ability to interact with social plugins from social media sites, such as the Facebook Like and Share buttons, and other widgets and interactive mini-programs that run on our Sites. These features may collect your IP address, which page you are visiting on our Sites, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Sites. As with linked sites, we have no control over the information that is collected, stored, or used by social network plugins, and are not responsible for the practices of such sites. In addition, we may receive certain information about you from a third-party social network if you choose to link to us or use certain social media features, based on your registration and privacy settings on those third-party services.
10. WHAT IS OUR POLICY ON USE OF OUR SITES BY CHILDREN?
Our Sites are not designed or intended to be used by children under the age of 18, and we do not knowingly collect personally identifiable information from children under 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE ANY OF OUR SITES AT ANY TIME OR IN ANY MANNER.
If You learn that Your child under 18 has provided us with personal information without Your consent, please contact us. We will delete that data from our systems.
11. HOW CAN YOU CORRECT, UPDATE OR MAKE CHOICES ABOUT THE INFORMATION COLLECTED ABOUT YOU THAT WE ARE STORING?
A. General.
If any of Your personal data that we are storing changes, or if You no longer desire our services, You may correct, update, or delete information about You, or ask that it be removed from public testimonials on our Sites, by calling our Customer Service at the numbers at the end of these Terms or emailing us at info@ibercall.com.
For some information, You may also log-in to Your account on the applicable Sites and making changes in Your account settings. We will attempt to respond to Your request within 30 days. In some cases, we may not be able to delete Your personal data, in which case we will endeavor to let You know that we are unable to do so and why. For example, we may be required (by law or otherwise) to keep certain information and not delete it (or to keep this information for a certain time, in which case we will comply with Your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.
B. Stopping Certain Communications from Us.
(i). Emails. We may communicate with You by email at various times about Your account, registration and transactions, as well as regarding various customer service matters, customer surveys, and promotions - including special offers and updates about new products and services. You can choose to stop receiving promotional emails from us at any time simply by following the "Unsubscribe" or "Manage Email Preferences" link at the bottom of any promotional email, or by logging into Your account on the applicable Sites and changing Your account preferences. Please note that You may not opt out of receiving non-promotional emails regarding Your account, Your registration or Your transactions with us.
(ii). Service-Only Telephone Calls or Text Messages. If You voluntarily provide Your telephone number to us, You will be agreeing that we (including our affiliates and agents) can call or text You at that number (including via an automated dialing system or prerecorded message) to respond to Your request for our services and to communicate with You regarding Your account or Your Registration or a transaction with us. If You wish to stop receiving such service-only calls or texts at any time, You may do so by logging into Your account and clicking the "Personal Information" link under the menu icon, and changing Your account preferences; by calling our Customer Service at the numbers at the end of these Terms or by emailing us at info@ibercall.com ; or (for texts only) by responding "STOP" to any such text message.
(iii). Telephone Marketing Calls. If we have provided You the option to consent to receive telephone marketing calls from us (including via an automated dialing system or prerecorded messages), please note that Your decision to consent to receive such promotional calls or messages is voluntary and is not required to purchase or use any of our products or services. If You have provided consent to receive telephone marketing calls from us, but You wish to revoke such consent, You may do so by any reasonable means, including ; by calling our Customer Service at the numbers at the end of these Terms or emailing us at info@ibercall.com and stating that You wish to revoke such consent.
(iv). Text Message Marketing. If we have provided You the option to consent to receive promotional text messages from us (including via an automated dialing system), please note that Your decision to consent to receive such promotional text messages is voluntary and is not required to purchase or use any of our products or services, and that standard message and data rates may apply. If You have provided consent to receive promotional text messages from us, but You wish to revoke such consent, You may do so by any reasonable means, including ; by calling our Customer Service at the numbers at the end of these Terms or emailing us at info@ibercall.com and stating that You wish to revoke such consent, or by responding "STOP" to any such message.
Please note that while any changes you make will be reflected in active Customer databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
12. ADDITIONAL DISCLOSURES
FOR CUSTOMERS BASED IN CALIFORNIA
Under California law, if you are a resident of California (California Civil Code Section 1798.83), you may make a written request to the Company for information about how we have shared your personal information with third parties for their direct marketing purposes during the prior calendar year, as well as a list of categories of information shared. For purposes of this California Privacy Rights notice, third parties include companies within our "family" of companies, such as those companies we own, that own us, or under common control with us. To make such a request, please send an email to privacy@ibercallemac-inc.com.
California customers may request further information about our compliance with this law by e-mailing info@ibercall.com. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address.
FOR CUSTOMERS BASED IN THE EUROPEAN ECONOMIC AREA
A. General.
These policies apply solely to residents of the United States as IBERCALL is headquartered in USA. However by using any of our Sites in the European Economic Area, You acknowledge that Your personal data may be accessed by us or transferred to us in USA and to our affiliates, partners, and service providers who are located around the world; and that Your personal data will be transferred to, and stored and processed in USA or elsewhere in the world where our servers are located
Data protection laws vary among countries, with some providing more protection than others. Regardless of where your information is processed, we apply the same protections described in this policy. We also comply with certain legal frameworks relating to the transfer of data, such as the EU-US Privacy Shield Frameworks.
If you are based in the European Economic Area, the European General Data Protection Regulation 2016/679 applies and we will only process your personal data for a purpose described in this Privacy Policy if (1) you have provided your consent (which can be withdrawn at any time), (2) the processing is necessary for the performance of a contract we are about to enter into or have entered into with you, (3) we are required by law, (4) processing is required to protect your vital interests or those of another person, or (5) the processing is necessary for the purposes of our legitimate commercial interests (except where such interests are overridden by your rights and interests).
B. Rights Under the GDPR
If you are based in the European Economic Area, in accordance with the European General Data Protection Regulation 2016/679 (GDPR), and in certain circumstances, you have rights in relation to your personal data that we hold about you—specifically:
1. Request access to your personal data. You may have the right to request access to any personal data we hold about you as well as related information, including the purposes for processing the personal data, the recipients or categories of recipients with whom the personal data has been shared, where possible, the period for which the personal data will be stored, the source of the personal data, and the existence of any automated decision making.
2. Request correction of your personal data. You may have the right to obtain without undue delay the rectification of any inaccurate personal data we hold about you.
3. Request erasure of your personal data. You may have the right to request that personal data held about you be deleted.
4. Request restriction of processing your personal data. You may have the right to prevent or restrict processing of your personal data.
5. Request transfer of your personal data. You may have the right to request transfer of your personal data directly to a third party where this is technically feasible.
Also, where you believe that we have not complied with our obligation under this Privacy Policy or European data protection law, you have the right to make a complaint to any EU Data Protection Authorities.
You can exercise any of these rights by calling our Customer Service at the numbers at the end of these Terms or by emailing us at info@ibercall.com.
Please note that while any changes you make will be reflected in active Customer databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
C. Restrictions on Use of Your Personal Data to Promote Third-Party Products and Services.
If you are based in the European Economic Area, we will only send you direct marketing communications related to third party products and services, if you have given your consent to receiving such marketing communications. We will ask for your consent to receive such marketing communications when you first provide your personal data.
You can choose to stop receiving any direct marketing communications from us at any time simply by following the "Unsubscribe" or "Manage Email Preferences" link at the bottom of any promotional email, or by logging into your profile on the applicable Sites and making changes in your account settings, or by responding "STOP" to any text message. Please note that you may not opt out of receiving non-promotional communications regarding your account, registration or your transactions with us.
D. EU-US Privacy Shield frameworks
As described in our Privacy Shield certification, we comply with the EU-US Privacy Shield Frameworks as set forth by the US Department of Commerce regarding the collection, use and retention of personal information from European Union member countries and Switzerland, respectively. The Company has certified that it adheres to the Privacy Shield Principles. The Company remains responsible for any of your personal information that is shared under the Onward Transfer Principle with third parties for external processing on our behalf, as described in the Section 4. To learn more about the Privacy Shield programme, and to view IBERCALL's certification, please visit the Privacy Shield website.
If you have an inquiry regarding our privacy practices in relation to our Privacy Shield certification, we encourage you to contact us at info@ibercall.com. The Company is subject to the investigatory and enforcement powers of the US Federal Trade Commission (FTC). You may also refer a complaint to your local data protection authority and we will work with them to resolve your concern. In certain circumstances, the Privacy Shield Framework provides the right to invoke binding arbitration to resolve complaints not resolved by other means, as described in Annex I to the Privacy Shield Principles.
E. Model contract clauses
The European Commission has approved the use of model contract clauses as a means of ensuring adequate protection when transferring personal data outside of the European Economic Area. By incorporating model contract clauses into a contract established between the parties transferring personal data can be protected when transferred outside the European Economic Area to countries (other than USA) which have not been deemed by the European Commission to adequately protect personal data.
13. WHAT ARE THE TERMS REGARDING ANY FUTURE CHANGES TO THIS PRIVACY POLICY?
We reserve the right to update or modify this Privacy Policy from time to time, with any such changes to be effective prospectively. Please visit this web page periodically so that You will be apprised of any such changes. Your continued use of any of our Sites and Services after any modification to this Privacy Policy will constitute Your acceptance of such modification.
14. WHAT LAW GOVERNS ANY DISPUTES REGARDING THIS PRIVACY POLICY?
You agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of Florida, without reference to the choice of law or conflicts of law principles thereof, and will be subject to the terms and limitations of our Terms of Use or any other agreement we may have with You.
These policies apply soelely to residents of the United States as IBERCALL is headquartered in USA. However, for European Union residents, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of France, without reference to the choice of law or conflicts of law principles thereof, and will be subject to the terms and limitations of our Terms of Use or any other agreement we may have with You.
If any provision of this Privacy Policy is judged to be illegal, void or unenforceable due to applicable law or by order of a court of competent jurisdiction it shall be deemed deleted and the continuation in full force and effect of the remainder of the provisions will not be prejudiced.
If You enter into a contract with us that requires, or contemplates, collecting, using, sharing, or securing information about You in a manner that is different than that which is described in this Privacy Policy, the terms of that contract will apply.
15. HOW CAN YOU CONTACT US?
If You have any questions or concerns regarding this Privacy Policy, please contact us via email at info@ibercall.com
or by mail at :