Talkatone, LLC
Privacy Policy

Notice at Collection

Last Updated: June 25, 2024

We at Talkatone, LLC (“Talkatone”, “we” or “us”), know that you care about how your Personal Information is used and shared, and take your privacy seriously. Please read the following to learn more about our privacy policies. By using the Talkatone calling app services and/or visiting the https://www.talkatone.com/ website or domain name (the “Website”), and any other linked pages, features, content, or other application services offered from time to time by Talkatone in connection therewith (collectively, the “Services”), you acknowledge the practices and policies regarding our collection, use, and sharing of your Personal Information as described below. For the avoidance of doubt, references to our Website or the Services shall include, where relevant, your downloading, registration with, use, or access of any Talkatone mobile applications.

Remember that your use of the Services is at all times subject to the Terms of Use, which incorporates this Privacy Policy / Notice at Collection (the “Privacy Policy”). Any capitalized terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.

If you are entitled to notice or disclosures regarding the collection and use of your Personal Information, Sections 2 and 3 of this Privacy Policy are intended to provide such information.

1. What Does This Privacy Policy Cover?

This Privacy Policy covers our treatment of personal information that we gather when you use the Services and when you access the Website (“Personal Information”). Personal Information includes, but is not limited to, your email address (which is needed to create and log into your account); in-app messages and image, video, or other files (to provide SMS/MMS functionality); voice calls (to provide VoIP call functionality); and contact information added by you, such as phone numbers (to provide address book functionality). This policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage. We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information internally in connection with our Services, including to personalize, provide, and improve our Services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfill your requests for certain products and services, and to analyze how you use the Services. In certain cases, we also share some Personal Information with third parties, but only as described below.

As noted in the Terms of Use, we do not knowingly collect or solicit Personal Information from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any Personal Information about yourself to us.

In the United States, the Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us Personal Information, please contact us at privacy-talkatone@ooma.com.

2. What Personal Information Do We Collect?

The Personal Information we gather from customers enables us to personalize and improve the Services. We collect the following types of Personal Information from our customers:

2.1 Personal Information You Provide to Us:

We receive and store any information you enter on our Website, send to us through the Services (including mobile applications), or via email or SMS, or knowingly provide to us in any other way. The types of Personal Information collected may include your full name, email address, gender, age range, mobile phone number, and any other information necessary for us to provide our Services. Although some information may be required to register with us, you can choose not to provide us with certain information; by omitting information, you may not be able to take advantage of some of our features or Services as a whole. The Personal Information you provide is used for such purposes as providing the Services, answering your questions about the Services, and communicating with you about Talkatone’s products and Services, including specials and new features. We will only send you marketing in accordance with your expressed communications preferences.

We may also collect third-party account credentials (for example, your log-in credentials for Google Voice, Facebook or other third-party sites) to help you take full advantage of the Services. If you provide your third-party account credentials to us or otherwise sign into the Services through a third party site or service, you understand some content and/or information in those accounts (“Third Party Account Information”) may be transmitted into your account with us, and that Third Party Account Information transmitted to our Services is covered by this Privacy Policy; for example, if you sign in to Google Voice through our Services, we can access your information stored on your Google Voice account.

We may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers on behalf of other businesses, or email you about your use of the Services, in accordance with your preferences. Also, we may receive a confirmation when you open an email from us if your computer supports this type of program. This confirmation helps us make our communications with you more interesting and helpful and improve our Services by allowing Talkatone to use aggregated confirmation information. If you do not want to receive communications from us, please indicate your preference by emailing us at privacy-talkatone@ooma.com.

2.2 Other Information Collected Automatically:

  • We or third parties on our behalf may collect other types of information whenever you interact with our Website or use the Services (including mobile applications). For example, we automatically receive and record information on our server logs from your browser or device including your IP address, geolocation, device identifier, diagnostic data, “cookie” information, browser type, operating system information, and the page or feature you requested. We use this information for internal purposes such as providing the Services to you.
  • Generally, our service automatically collects usage information, such as the numbers and frequency of calls to the Services and visitors to our Website, similar to TV ratings that indicate how many people watched a particular show. We only use this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often customers use parts of the Services or Website so that we can make them appealing to as many customers as possible, and improve them as necessary.
  • As part of this use of information, we may provide aggregate information to our partners (including advertisers) about how our customers, collectively, use our Services or Website. We share this type of statistical data so that our partners also understand how often people use the Services or Website, so that they, too, may provide you with an optimal level of service and online experience. Again, we never disclose information to a partner in a manner that would identify you personally.
  • If you are a user located in the European Economic Area (“EEA”), our legal basis for collecting and using the personal information described above will depend on the Personal Information concerned and the specific context in which we collect it. However, we will normally collect Personal Information from you only where we have your consent to do so, where we need the Personal Information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interest or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect the Personal Information in question. If you have any questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us at privacy-gdpr@ooma.com.

2.3 What About Cookies?

  • Cookies are alphanumeric identifiers that we transfer to your browser or device that enable our systems to recognize your browser. Cookies tell us how and when pages and features in our Services are visited and by how many people. We may use cookies to enhance visitors’ experiences and to learn more about their use of the Services and Website and to improve quality of the Services, including better Services options.
  • Our advertising partners may also transmit cookies to your browser or device, when you click on ads that appear on the Services. Also, if you click on a link to a third-party website or service, such third party may transmit cookies to you. We do not control these third-party technologies and their use is governed by the privacy policies of third parties using such technologies. For more information about third-party advertising networks and similar entities that use these technologies you may go here, and to opt out of such ad networks’ and services’ advertising practices, go to Your Ad Choices and Network Advertising Initiative Choices. Once you click the link, you may choose to opt out of such advertising from all participating advertising companies or only advertising provided by specific advertising companies. Please note that to the extent advertising technology is integrated into our website, you may still receive advertisements even if you opt out of tailored / interest-based advertising. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. In addition, such changes may prevent you from taking advantage of some of our features.
  • Where required by law, we process opt-out preference signals in a frictionless manner. If your browser supports it, you can turn on the Global Privacy Control (GPC) settings on your browser to opt-out of the sharing of your Personal Information.

2.4 What About Device Identifiers?

  • Mobile devices (such as iPhones, iPods, iPads, Android phones and tablets and Kindle devices) have unique device identifiers, including, as applicable, IDFA, UDID, serial, and IMEI numbers. Depending on your device and its specific settings, Talkatone may collect device identifiers in certain cases to guarantee that the Services won’t be accidentally interrupted, to enhance users’ experiences, to learn more about their use of the Services and to improve quality.
  • You should consult your device’s privacy settings to understand how you can control this data collection.
  • Ads appearing through the Services may be delivered to users by our advertising partners, who may check your device identifiers. Device identifiers allow the ad provider to recognize your device each time they send you an advertisement to compile information about you. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of device identifiers by Talkatone and does not cover the use of device identifiers by any third party, including advertisers.
  • Notwithstanding anything else in this Privacy Policy, we or a data provider we have engaged may collect and store a unique identifier tied to your mobile device, in order to deliver customized ads or content to you while you use the applications. In order to customize these ads or content, we or a data provider we have engaged may connect de-identified demographic or other data about you (received from third parties) to data you voluntarily have submitted to us, e.g., your email address or data passively collected from you, such as your device identifier or IP address. If we do this, we will share your email address solely in hashed, non-human readable form. To opt- out your device from receiving ads through this method, please contact us at privacy-talkatone@ooma.com.

3. Will Talkatone Share Any of the Personal Information it Receives?

  • Personal Information about our customers is an integral part of our business. In some cases, we may share your Personal Information, but only as described below.
  • Information that’s no longer personally identifiable: We may anonymize your Personal Information so that you are not individually identified, and provide that information to our partners. We may also provide aggregate usage information to our partners, who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose information to a partner in a manner that would identify you personally, as an individual.
  • Advertisers: We allow advertisers and/or merchant partners (“Advertisers”) to choose the demographic information of users who will see their advertisements and/or promotional offers. We also may provide any of the device-related information we have collected from you to an Advertiser, in order for that Advertiser to select the appropriate audience for those advertisements and/or offers. For example, we might use the fact that you are located in San Francisco to show you ads or offers for San Francisco businesses, but we will not tell such businesses who you are. Note that if an advertiser asks us to show an ad to a certain audience or audience segment and you respond to that ad, the advertiser may conclude that you fit the description of the audience they were trying to reach.
  • Keywords: We may share certain keywords (“Keywords”) with Advertisers when you use the Services. Talkatone uses Keywords to help provide you with the most relevant ads. We won’t ever share the content of the email or text or your Personal Information with the Advertiser in connection with such Keyword sharing. However, the Advertiser may be able to associate your device information with matching Keywords in your use of the Services. To learn more about device identifiers (including UDIDs) and our Advertisers, please review the relevant portions of this Privacy Policy above.
  • Affiliated Businesses We Do Not Control: We anticipate that we may become affiliated with a variety of third-party websites and businesses and work closely with them. In certain situations, these businesses may sell or provide products or services to you through the Services or the Website (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. One such service may include the ability for you to automatically transmit Third Party Account Information to your Services profile or to automatically transmit information in your Services profile to your Third Party Account Information; for example, you can import information stored on your Google Voice account to use with the Services. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.
  • Agents: We may employ other companies and people to perform tasks on our behalf and may need to share your information with them to provide products or services to you; for example, we may use a payment processing company to receive and process your credit card transactions for us. Our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us in delivering products and services to you.
  • Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if Talkatone, or substantially all of its assets were acquired, or in the unlikely event that Talkatone goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Talkatone may continue to use your Personal Information as set forth in this Privacy Policy.
  • Protection of Talkatone and Others: We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our Terms of Use; investigate or help prevent potentially unlawful activities that threaten the integrity of our equipment, Services or network; investigate fraud; enforce other agreements; or protect the rights, property, or safety of Talkatone, our employees, our users, or others.
  • Customer Specific Network Information: In the course of providing the Services to you, Talkatone will collect and maintain certain customer-specific network information. Customer Specific Network Information includes the types of products and services you currently purchase, related usage, and billing information for those products and services. Your telephone number, name, and address are not Customer Specific Network Information, nor is any information which cannot identify any individual. We value our relationships with our customers and are committed to respecting and protecting your Customer Specific Network Information. Accordingly, we will not sell, trade, or share your Customer Specific Network Information outside of Talkatone or with anyone not authorized to offer or provide our Services, or to perform functions on our behalf, except as authorized by you or as provided below. Generally, we can use your Customer Specific Network Information to offer additional services to you, and for billing and collections purposes. We can also disclose your Customer Specific Information for legal or regulatory reasons or in the event of emergencies, including in response to subpoenas and court orders. We can also use Customer Specific Network Information to investigate fraud and to prevent violation of our agreements or Terms of Use and monitor potentially unlawful use of our network, equipment and Services, and abuse of other customers.
  • Except as set forth above, you will be notified when your Personal Information may be shared with third parties.

4. Is Personal Information About Me Secure?

Your account is protected by a password for your privacy and security. If you access your account via a third-party site or service, you may have additional or different sign-on protections via that third party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

Talkatone uses appropriate technical and organizational measures to protect user information and to ensure that user account information is kept private; however, Talkatone cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

5. Transfers of Personal Information

Given that the Internet is a global environment, using the Internet to collect and process Personal Information necessarily involves the transmission of Personal Information on an international basis. Therefore, by using Talkatone, you acknowledge the transfer of your Personal Information outside your country of residence to any country where we have facilities or engage third parties (including the United States of America). You understand that the countries to which we may transfer information may not have as comprehensive a level of Personal Information protection as in your country.

For users located in the EEA, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Policy, including Section 7 below. These include implementing agreements based on and our own compliance with the European Commission’s Standard Contractual Clauses for transfer of personal information outside the EEA. Further details can be provided upon request.

EU individuals with inquiries or complaints regarding GDPR may contact our GDPR Representative at GDPR AV Services UG (haftungsbeschränkt/limited liability), Fraunhoferstraße 8a, 48161 Münster, Germany, viedge@gdprav.com.

6. What Choices Do I Have?

  • In general, you have the right to access your Personal Information you have provided to us. Through your account settings, you may access, and, in some cases, edit or delete the following information you have provided to us.
    • Password
    • Email address
    • Location
    • User profile information

When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by emailing us at privacy-talkatone@ooma.com. Some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at privacy-talkatone@ooma.com. To learn more about this interest based advertising practices or to opt-out of this type of advertising, you can visit network advertising.

  • As stated previously, you can always opt not to disclose information, even though it may be needed to take advantage of certain features of the Services and/or the Website.
  • If you do not wish to receive email or other mail from us, please send us an email at privacy-talkatone@ooma.com to let us know. Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the Services and the Website, and you are responsible for reviewing such legal notices for changes.
  • On occasion, we may use the Flurry Publisher Network (“Flurry”) to serve ads to you. You may learn more about Flurry’s privacy policies here: http://www.flurry.com/legal-privacy/terms-service/flurry-publishers-network.
  • Geolocation data and mobile advertising identifier are shared with Teemo in order to customize ads in apps and/or for marketing or other research regarding aggregated traffic patterns. For more information, please visit https://teemo.co/privacy-policy.
  • California Civil Code Sections 1798.83-1798.84 require certain businesses to respond to requests from California consumers asking about the businesses’ practices related to disclosing Personal Information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy, as we do, only to disclose Personal Information of consumers to third parties for the third parties’ direct marketing purposes if the consumer has not opted out of such information-sharing or has opted out and subsequently opted back in.

7. EU Privacy Shield

We comply with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information transferred from the European Union to the United States. We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

We comply with the Privacy Shield’s Principle regarding accountability for onward transfers. We remain liable under the Privacy Shield Principles if our onward transfer recipients process Personal Information in a manner inconsistent with the Privacy Shield Principles, unless we prove that we were not responsible for the event giving rise to the damage.

In compliance with the Privacy Shield Principles, we commit to resolve complaints about our collection or use of your Personal Information. We have further committed to cooperate with the panel established by the EU data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU.

We are aware of the July 16, 2020 decision from the European Union Court of Justice which invalidated the EU-U.E. Privacy Shield. Nonetheless, we will continue to abide by the Privacy Shield Principles with respect to the protection of personal information. We are closely monitoring developments and guidance from both European and US regulatory authorities, including the agreement in principle between the European Commission and the United States announced in March 2022 outlining a new Data Privacy Framework to replace the EU-U.E Privacy Shield (subject to certain approvals in the European Union), and will update this Privacy Policy as needed.

EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us at: privacy-talkatone@ooma.com. Under certain circumstances, you may be able to invoke binding arbitration to address complaints about our compliance with the Privacy Shield Principles. In addition, the U.S. Federal Trade Commission has Privacy Shield investigatory and enforcement powers over us.

8. How long do we store your data?

When determining the retention period of your Personal Information, we take into account various criteria, including but not limited to the type of Services provided to you, the nature and length of our relationship with you, and mandatory retention periods provided by law.

9. Canada Privacy Rights

If you are located in Canada, you have additional rights as described in this section. Upon request, you have the right to be informed of the existence, use, and disclosure of your Personal Information and shall be given access to that information, subject to certain exceptions. You will be able to challenge the accuracy and completeness of the information, and have it amended as appropriate, unless an exception applies. If you wish to be informed of the existence, use and disclosure of Personal Information that we may have on you, please contact us at privacy-talkatone@ooma.com.

If you are located in Canada and have any questions or concerns regarding this Policy, please contact Ooma’s Privacy Officer at privacy-talkatone@ooma.com, 1250 Homer Street, Suite 200, Vancouver, BC, V6B1C6. If we do not answer your concern to your satisfaction, you can contact the Office of the Privacy Commissioner of Canada, 30 Victoria Street, Gatineau, Quebec, K1A1H3.

10. California Privacy Rights

If you are located in California, you have additional rights as described here.

11. Colorado Privacy Rights

If you are located in Colorado, you have the additional rights as described here.

12. Changes to this Privacy Policy

We will post any changes to this Privacy Policy on this page, and the revised version will be effective when it is posted. You should review this Privacy Policy regularly for changes and can easily identify if changes have been made by checking the “Last Updated” date at the top of this page. Your continued use of our Services following the posting of any changes to this Privacy Policy means you accept such changes.

13. Questions or Concerns

Unless otherwise indicated, Talkatone, LLC is the entity responsible or “data controller” for the processing of your Personal Information as described in this Privacy Policy. If you have any questions or concerns regarding privacy in our Services, please send us a detailed message at privacy-talkatone@ooma.com or by postal mail at:

Talkatone, LLC
525 Almanor Avenue, Suite 200
Sunnyvale, CA 94085
USA

We will make reasonable best efforts to resolve your concerns.