1.1 Privacy. Fuse.Cloud is committed to respecting each Customer’s privacy. Once Customer chooses to provide personally identifiable information, if any, it will only be used in the context of Customer’s business relationship with Fuse.Cloud.
1.2 Personally Identifiable Information. The types of personally identifiable information collected include, but are not limited to, name, username, contact and billing information and/or transaction and credit card information. Data collected online may also be combined with information provided during ownership registration of Fuse.Cloud products and services. In order to tailor subsequent communications and continuously improve products and services, Fuse.Cloud may ask Customer to voluntarily provide information regarding Customer’s business interests, demographics, product experience and contact information. Fuse.Cloud strives to keep Customer’s personally identifiable information accurate. Fuse.Cloud is committed to ensuring the security of Customer’s information. To prevent unauthorized access, maintain data accuracy and ensure the appropriate use of such information, appropriate procedures are in place to safeguard and secure the information collected. Fuse.Cloud uses encryption when collecting or transferring sensitive data such as credit card information.
1.4 Storage of Information. As part of Services, Fuse.Cloud may store and process Customer’s personal information, including but not limited to data, texts and/or voicemails in encrypted form at location(s) in the United States. This information will be stored at a secure location(s) with limited access by designated employees; it will be password protected; it will not be provided to third parties without your consent; it will be deleted at your request; and it will be provided to law enforcement officials if required in accordance with the laws of the United States.
Customer’s personal information will be protected to the same degree as required by Canadian law, if applicable. Customer agrees to the storage and processing of its data in the United States.
2. Moderation of Use Policy. The use of any Services that cause a disruption in the network integrity of Fuse.Cloud’s and/ or its Providers’ networks and systems, whether directly or indirectly, is strictly prohibited. This may include, but is not limited to, IRC servers, adult-content servers, bots, webpages hosted on any Fuse.Cloud servers (if applicable), servers connected to a Fuse.Cloud provided circuit or shared networks.
3. Acceptable Use Policy (“AUP”). Customer agrees that it shall not use Services in any illegal, fraudulent, improper, inappropriate and/or unauthorized manner, including, but not limited to (provided, the following is not exhaustive and is provided solely as guidance to Customer), the following: Customer shall (a) comply with all applicable laws, regulations and rulings regarding the use of Services; (b) comply with the General Terms of Service and any applicable Additional Terms of Service; (c) not infringe on the intellectual property rights of any person or entity; (d) not violate the privacy of others; and/or (e) not otherwise violate this AUP. Customer is ultimately responsible for any and all activity that originates from Customer’s use of Services regardless of Customer’s knowledge of such activity, this includes, but is not limited to, activity by any of Customer’s end users, employees, friends, guests, invitees, licensees, customers, agents and/or any third party. Fuse.Cloud does not accept any responsibility for injury to Customer or any of its end users, employees, friends, guests, invitees, licensees, customers, agents and/or any third party that results in inaccurate, unsuitable, offensive, illegal and/or unlawful communications.
Moderation of Use and Acceptable Use Policies © Fuse.Cloud DBA Broadband Voice, LLC, October 2019. All rights reserved. applies to security breaches of Customer’s own systems by third parties who launch attacks from Customer’s system(s). It is absolutely imperative that Customer takes proper precautions to ensure the security of their systems if connected to Services. Customer is liable and accountable for any activity originating from Customer’s use of Services provided by Fuse.Cloud and that are deemed to be in violation of this AUP.
4. Remedies; Risk of Loss.
4.1 Remedies. In the event of any activity which could be considered deliberately or otherwise abusive or in violation of the Moderation of Use Policy or AUP, Fuse.Cloud reserves the right to modify, suspend and/or terminate Customer’s account and/or any Services, immediately without advance notice. Fuse.Cloud reserves the right, at its sole and absolute discretion, to make a determination of what constitutes a violation and/or abuse of the Moderation of Use Policy or AUP and Customer agrees that Fuse.Cloud’s determination is final and binding on Customer.
4.2 Risk of Loss. Customer, and not Fuse.Cloud, shall bear the risk of loss arising from unauthorized or fraudulent use of Services, except to the extent that all of the following apply: (a) Customer notified Fuse.Cloud of the problem; (b) the problem was solely within Fuse.Cloud’s control; and (c) Fuse.Cloud negligently or willfully failed to correct or prevent such problem. 4.3 Notice. Fuse.Cloud vigorously pursues all instances of abuse. If Customer feels it has been attacked or spammed, please notify Fuse.Cloud and appropriate action can be taken. Dated and effective as of October 1, 2019.
Fuse.Cloud provides the technology platform for hosted or “cloud” unified communications as a service offerings (UCaaS). These Products merely act as a conduit for data transmitted by third parties and Subscribers. Fuse.Cloud processes personal information that is controlled by or originated from other companies, such as our Clients or other business partners. Fuse.Cloud also processes personal information in the course of providing support for Fuse.Cloud communications products.
Fuse.Cloud shall protect the personal information, comply with all laws that regulate the processing of such personal information, and process the information only as authorized by the data controller or the data subject. Accordingly, and in its role as a data processor, Fuse.Cloud relies on guidance and direction of the Client (as the data controller), who determines the purposes of processing such personal information. In some cases, Fuse.Cloud may collect and process personal information for our own business purposes and shall comply with the applicable privacy laws concerning Fuse.Cloud processing.
While Fuse.Cloud does process data in its role of providing a technology platform, it does not own, control or direct the use of any of the personal information stored or processed by any Client or Subscriber. Fuse.Cloud only processes such personal information in order to provide and invoice for purchased and/or subscribed Products and Services.
What Information We Collect or Process
Fuse.Cloud processes and in certain situations collects personal information as needed to deliver its Products and Services and manage its business. When collecting personal information, Fuse.Cloud does so in a reasonable and lawful manner.
The types of information and the purposes for which Fuse.Cloud collects or processes personal information may include:
Indirect End User Phone Contact Information (Personal Identifiable Information)
Fuse.Cloud acts as a data processor with regard to indirect end user personal identifiable information and our Clients act as the data controller of such data. In the course of Fuse.Cloud’ processing and protection of such data, all use will be in conformity with the data controller’s instructions.
Specifically, only when enabled via system permission on Fuse.Go Android and Fuse.Go iOS, Fuse.Cloud shows personal contacts within the respective application. When the user sends an SMS message to one of his/her phone contacts, or when the user initiates a call to one of his/her phone contacts, the phone number is sent securely through Fuse.Cloud’ API. Fuse.Cloud does not store this number with any other PII, and it cannot be directly or indirectly attributed to any person or persons; Fuse.Cloud stores only the phone number and pertinent metadata so as to be compliant with all applicable state and federal laws, and Fuse.Cloud does not share this data with any advertisers or third parties under any circumstances. A user can revoke phone contact access on his/her mobile device at any time, and his/her app experience is not hindered or interrupted.
Fuse.Go Android and iOS also uses Gravatar, only when enabled via Settings and UIConfigs, which is a service that provides avatar images linked to the MD5 hash of the user’s email address. This means that, only when Gravatar use is enabled, we hash each contact’s email address and send it to Gravatar to try and retrieve an avatar image. MD5 hashes cannot be directly or indirectly attributed to any person or persons, and we only send the MD5 hash to Gravatar, never the email address in plain text. As with phone contacts, a user can revoke Gravatar access at any time in Settings or via UIConfig, and his/her app experience is not hindered or interrupted.
Business Contact Information:
Fuse.Cloud may collect and use personal information about individual contacts of Clients and others who access Fuse.Cloud public websites, knowledge bases, forums, ticket systems, or provide personal information through other means. Such information may include but is not limited to account information, first/last name, company name, title, and responsibilities, work email address, work mailing address, telephone numbers, login information, device identifiers, as well as additional information provided by such individuals in the course of receiving Products and Services from Fuse.Cloud and/or requesting information about Fuse.Cloud. We will use such information for the purposes of providing Products and Services, support, conducting data analytics and product assessments and related activities, and providing information regarding Fuse.Cloud Products and Services.
Customer Proprietary Network Information (CPNI):
Customer Proprietary Network Information (CPNI) may include information regarding quantity, destination, technical configuration, location, amount of use and related billing information of telecommunications, interconnected and/or non-interconnected Voice over Internet Protocol (VoIP) services. This may include but is not limited to the phone numbers that you call or send messages to (or the phone numbers that you receive these calls and messages from) through our Products and Services. The date, time and duration of the calls may also be collected. This data is used for billing and service level assurance.
Fuse.Cloud provides Products and Services that are primarily for the benefit of Clients and Subscribers in that Fuse.Cloud transmits, routes, switches or caches information. These Products and Services merely act as a conduit for data transmitted by third parties and Subscribers. Fuse.Cloud does not determine the purposes and means of processing this personal information. Except for Subscriber data provided by the Client (the Subscribers service provider) for which Fuse.Cloud is merely providing a conduit for transmission, the subscribed services are of such a nature that, in most instances, Fuse.Cloud requires and collects only essential CPNI and billing information; and opting out or declining to provide the requested data may hinder the provision or delivery of subscribed services. However, for CPNI data that is collected by Fuse.Cloud that is not subject to the control of others, Fuse.Cloud shall obtain consent from the user for the processing of this data.
Fuse.Cloud collects end-user CPNI in the course of providing Product support. This data may pertain to Clients of Fuse.Cloud or Subscribers (eg: end users of Fuse.Cloud’ direct Clients). This data may include IP address, telephone number, email address, call detail records, call recordings and other information sufficient to identify an individual end user.
Indirect End User’s CPNI:
Fuse.Cloud acts as a data processor with regard to indirect end user personal information and our Clients act as the data controller of such data. In the course of Fuse.Cloud’ processing and protection of such data, all use will be in conformity with the data controller’s instructions.
Direct End User’s CPNI:
Fuse.Cloud typically collects and processes direct end user (eg: Clients, vendors, and partners) personal information for the purposes of providing Products and Services, support, conducting data analytics and managing product performance.
Messaging, Voicemail, Video and Media Files:
Fuse.Cloud provides Products and Services that facilitate the recording and storage of audio and video by way of features such as but not limited to voicemail, call and conference recording. Users may elect to store or record personal information within these resources at their discretion.
Anonymized, Non-Identifying Voice and Traffic Data
Fuse.Cloud may use anonymized, non-identifying data collected from use of our SNAPsolution, SNAPvantage and other Fuse.Cloud Products and Services. This anonymized, non-identifying data may be used to enhance such items, but is not limited to, voice activation, improve traffic analysis algorithms and techniques, and recognition algorithms. This processing is executed under applicable terms and supports Fuse.Cloud’ legitimate interests in tuning, maintaining and enhancing these Products and Services.