Privacy Policy

Introduction

Callgear Group (“Callgear Group”, “Callgear”, “we”, “our” or “us”) provides a unified cloud communications platform (the “Services”) through a Software as a Service model (“SaaS”) and is committed to protecting your privacy.

This Privacy Policy applies to information (as defined below) about the clients that obtain the Services from us (“Clients”), visitors to our website www.callgear.com) (“Visitors”), and customers who call phone number provided by us (“Customers”)(Clients, Visitors and Customers, shall collectively and individually be referred to as “you”, “your”).

The Callgear Group consists of affiliated companies: SIA Callgear (registered in Latvia under the registration number 40203221051, registered office at Dzintaru pr. 36-7, Jurmala, LV-2015, Latvia, postal address at Vienibas gatve 109, Riga, LV-1058, Latvia) and Callgear DMCC (registered in United Arab Emirates under the registration number DMCC-761557, registered office at Unit no: 1207, JBC2, Jumeirah Lake Tower, Dubai, United Arab Emirates, postal address at Unit no: 1207, JBC2, Jumeirah Lake Tower, Dubai, United Arab Emirates) (together, the “Affiliated Companies”). This Privacy Policy applies to Affiliated Companies, irrespective of location or jurisdiction.

This Privacy Policy is issued on behalf of the Callgear Group. Accordingly, “we”, “us” or “our” in this Privacy Policy, when in relation to the obligations of the data controller (or processor) under the GPRA (as defined below) refers to SIA Callgear. Where specifically not in relation to the obligations of the data controller (or processor) under GDPR, “we”, “us” or “our” may also refer to any of the Affiliated Companies.

Controller and Processor

In relation to the Client that is a natural person SIA Callgear shall act as the controller (as defined under European Data Protection Regulation (regulation (EU) 2016/679 (“GDPR”) responsible for processing personal data in accordance with Article 4 (7) GDPR.
When Services are provided to legal entities, we shall process the personal data of Customers as a Processor on behalf of our Client, therefore “Customer Data” means the data Client (as a controller) collects, processes or stores using the Services.

Description of Services

We provide a unified cloud communications platform that offers call processing (including call forwarding, IVR service, group dialing, call back service and call request services), call recording and storage, collection of data, conference call, and call tracking processing of any text messages (including chats (communication from the web-page), messages from the messengers, etc.).

Information

For purposes of this Privacy Policy “information” means any information about you from which you could be identified, in other words, your personal information. For example, the information may include: your first and/or last name, you company name, physical address, including street name and name of city, email address, telephone number, information about personnel of your company, directors and officers, any other information about you or your Customers.

It is always up to you whether to disclose personal information to us, although if you elect not to do so, we will not be able to provide you with our services. The amount of your personal data collected depends on the product or services in which you are interested.

Processing of Personal Data by Means of Cookies

Callgear uses cookies to improve the functionality of our homepage and to adapt them to your usage patterns and to obtain statistics on user activity.

Cookies are small text files that your computer or mobile device saves when you visit a website. The next time you visit the Callgear website again, your browser will remember your actions and do some of them for you, such as choosing a language. The following types of cookies are used to improve the functionality of the website and to facilitate its use:

  • Session cookies are stored only as long as you do not close the browser. Session cookies help you remember what you’ve chosen on the previous page so you don’t have to re-enter information.
  • Persistent cookies identify you as a unique user and, when you return to a website, help you remember information about actions you have taken in the past.
  • Tracking cookies are used for website viewing statistics.
  • Third-party cookies are used by third-party cookies, such as Google, to serve ads and optimize marketing communications.

If you want to restrict (disallow) cookies from being saved or delete cookies, you can do so by using your browser settings or otherwise. For more information, visit: https://www.aboutcookies.org/ or http://www.allaboutcookies.org/manage-cookies/.
Restricting (disabling) cookies will prevent certain web site services from working properly. Our website may contain links to other websites. If you use these links, please note that other websites are not controlled by Callgear and Callgear cannot be held responsible for the protection and confidentiality of any information you provide when you visit other websites, and these websites are not covered by this statement. You must exercise caution and review the privacy or privacy statement of the relevant website.

How we obtain Information

We may gather information about you from the following sources: information you provide to us directly on our website, for example, when you respond to a survey, or fill a form, or sign up, or we collect automatically, when for example you visit our website that uses cookies. You might also provide us with information when you open an account with us and fill an appropriate application that will include your name, contact information, and credit card information, your payment history, account balances and usage). We also gather information stemming from your usage of our services such as call or messaging logs, and other technical data. If you are a Customer, we might collect communications information that is sent through the use of our Services, like the body of a text message or phone call (recorded and sometimes transcribed). We also may use insert codes placed by our clients on their websites to gather information about their visitors.
We may collect other information that cannot be readily used to identify you, such as (for example) the domain name and IP address of your computer. We may use this information, individually or in the aggregate, for technical administration of our Website(s); research and development; customer and account administration; and to help us focus our marketing efforts more precisely.

If you provide us with the information about your officials and other representatives, avoid submitting information about private communication means (private phone numbers, private email addresses, residential addresses).

There is also information that may receive from third parties, such as data and technical support providers.

How we use the information

We use information to understand how to improve our Services, respond quickly and efficiently to your inquiries, assist you with any problems you might have in using our Services, prevent fraud or unauthorized use, comply with law and regulations, properly bill you.

Legal basis to process the information

The legal basis for the processing of your personal data is

  • the contract between Callgear and you or your relevant enquiry;
  • our legitimate interest – when we inform you about our services, deliver and maintain our services, ask feedback, or provide other relevant marketing information about our services and maintain the customer relationship, our legitimate interest constitute a legal basis for the processing. In this respect, processing of personal information is related to our customers, potential customers, our services and other service providers. When we rely on our legitimate interests as a legal basis for processing the information, we have considered whether or not those interests are overridden by the rights and freedoms of the data subjects and have concluded that they are not;
    complying with a legal obligation, including sharing information with government and regulatory authorities when required by law or in response to legal process, obligation, or request;
  • your consent, including sending you certain promotional or targeted marketing communications, opportunities and services that may be of interest to you as well as sending you text messages in order to provide you with communications related to your transaction, extended service opportunities, customer experience surveys, marketing promotions such as coupons, discounts, last-minute specials or loyalty and rewards information.

How do we share the information and who do we share it with

We will not share information unless one or more of the following conditions are met:

  • We have your express permission to do so.
  • We share information among and between our affiliates who will use the information for the same purposes as we do under this Policy.
  • We also disclose information to non-affiliated third parties for routine business purposes, for example, to service providers, consultants and other third parties for the purpose of providing Services to you (for example, cloud communication providers and telephony operators as necessary for proper routing and connectivity).
  • We may also disclose information to non-affiliated third parties in response to a subpoena, warrant or court order, or as otherwise required under the applicable law or regulations.
  • The disclosure is permitted under applicable law.
  • The information is publicly available under the applicable law.
  • As part of a business transfer or sale of business through corporate sale, merger, reorganization, dissolution of similar event as part of our assets or due diligence. For our marketing purpose. The disclosure about users engaged in illegal activity or in violation of our contract with them. We may share information if it has been de-identified or aggregated in a way that does not directly identify you.

If your contract with CallGear DMCC of which this Privacy Policy is an integral part, by executing such contract you expressly permit us to share your personal information with third parties for aforementioned reasons.

If your contact is with the SIA Callger, we, usually, process personal data in the European Union/European Economic Area (EU/EEA) and such data are not transferred and processed in non-EU/EEA countries, but we may need to transfer personal data to recipients outside the European Union. These activities can include dealings with the outsourcing of services to external providers located outside the EU and/or processing the data outside the EU (e.g. cloud computing, web-services), or when arranging staff work trips to non-EU countries.

According to the GDPR, such transfers are allowed when:

  • the country’s protections are deemed adequate by the EU; or
  • we take the necessary measures to provide appropriate safeguards, such as by including specific clauses in the contract concluded with the non-European importer of the personal data; or
  • we rely on specific grounds for the transfer (called ‘derogations’) such as the consent of the individual.

If your contract is with CallGear DMCC, we, usually, process personal data in Dubai, and such data is not transferred and processed outside Dubai, but we may need to transfer personal data to recipients outside Dubai. These activities can include dealings with the outsourcing of services to external providers located outside the Dubai and/or processing the data outside Dubai (e.g. cloud computing, web-services), or when arranging staff work trips to non-EU countries. By executing your contract with Calgear DMCC of which this Privacy Policy is an integral provision, you thereby consent to the transfer of personal data to third parties, including the parties outside Dubai.

Security of Information

To protect Information from unauthorized access and use we use physical, procedural and technical safeguards required under GDPR and local applicable law. We secure our website and other systems against loss, destruction, access, modification or distribution of your data by unauthorised persons. However, despite regular checks, complete protection against all risks is not possible.

Your rights

A data subject or their authorized representative has the following rights:

  • to receive information on whether we process the personal data of the data subject and then access them if such are processed;
  • to access their own personal data, based on a substantiated written request;
  • if necessary, to modify, add or delete any personal data stored on them at any time, based on a substantiated written request;
  • to transfer their own personal data from us to another controller, if it is technically possible, based on a substantiated written request;
  • to object to the processing of personal data or to make us restrict processing in accordance with the requirements of the applicable regulatory enactments;
  • not be subject to fully automated decision making, including profiling, if taking such a decision has legal effects or a similar considerable effect on the data subject;
  • at any time to withdraw their consent given to us for the processing of personal data;
  • to address issues and complaints about the use of personal data to the Data State Inspectorate (www.dvi.gov.lv), if the data subject considers that the processing of their personal data violates their rights and interests in accordance with the applicable regulatory enactments.

Data storage

Personal data will only be processed for as long as necessary. The storage period may be based on a contract, our legitimate interests or the applicable regulatory enactments (for example, laws on accounting, extinctive prescription, civil rights, etc.).

We do not accept liability for any unauthorized access to personal data and/or personal data loss, if it does not depend on us, for example, due to your fault and/or neglect.

How to request changes to the application of Privacy Policy

We will share information as described in the section above unless you direct us otherwise by taking one of the below steps. Note that based on the sharing practices above there are certain instances of sharing which you may not opt out. Email us at gdpr@callgear.com. Requests must include company name, address, contact email and telephone number, name of the contact individual, the account number(s) if applicable is for the business entity(ies) opting out. Incomplete information will delay or possibly prevent our ability to honor your request. Our system will be updated to reflect your privacy preferences within 30 days following receipt of such a request with complete information.

How to resolve disputes relating to the application of our Privacy Policy

If you have a dispute with us relating to our privacy practices, please email us at gdpr@callgear.com.

Updates of our Privacy Policy

We may make changes to our Privacy Policy from time to time at our sole discretion. If we make any changes, we post a new “last updated” line at the top of this Privacy Policy. It is your responsibility to review the Privacy Policy regularly. The Privacy Policy is part of our Terms of Service and your use of our website and Services constitutes the acceptance of the changes.

Children Privacy

You must be at least 18 years old to access our Services. We do not knowingly collect, use or disclose information about users of our website or Services who are under 18.

Contact us

If you have any further questions regarding the data we collect and how we use it, please feel free to contact us by email at gdpr@callgear.com.

APPROVED BY

SIA Callgear member of board _____________________ Kaspars Kivrins

Callgear DMCC manager _______________________George Valerivich Makarenko

Riga/Dubai, 7 April 2020