Privacy Statement

Last revised May 2018

1.   PURPOSE

This privacy policy statement (“Statement”) applies to websites, services, and products of CellTrust Corporation (“CellTrust” or “we,” “our,” and “us”) and explains how CellTrust collects and treats personal information about individuals (also referred to as “Consumers,” “you” or “your”).

CellTrust adheres with the Privacy Shield Principles (the “Principles”) and is committed to subject all personal data received from the EU and/or Switzerland to the Principles. Please see https://www.privacyshield.gov for more information.  As such, CellTrust is subject to the investigatory and enforcement powers of the Federal Trade Commission who has agreed to ensure compliance with the Principles.  When referencing “personal data” and “personal information” in this Statement, in relation to CellTrust’s Privacy Shield commitments, such terms mean data about an identified or identifiable individual that are within the scope of the Directive 95/46/EC (or any subsequent law or regulation implemented by Switzerland or the European Union), received by an organization in the United States from the European Union, and recorded in any form.

CellTrust complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework 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 transferred to the United States pursuant to Privacy Shield.  CellTrust has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

CellTrust is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

2.   THE INFORMATION WE COLLECT

The way CellTrust collects personal data depends on our relationship with you. CellTrust collects information from its customers as they use CellTrust’s products and services and from individuals communicating with or through CellTrust’s customers (“End Users”).  CellTrust also collects information from people who visit our websites (“Visitors”).

2.1.    Information Collected from CellTrust Customers and Customer End Users

CellTrust collects information from its customers and customers’ End Users in the ordinary course of business. CellTrust only collects information that customers and their End Users voluntarily disclose or provide to us and may include information that is made available from their devices as they use our products or services. Some of this information may include information in emails sent between us and customers or End Users, content of unsecured messages and voice communications sent through our services, secure messages and voice communications if hosted at our data center and provided with access permissions to such information, information related to support issues, information about customer devices (such as phone numbers, carriers, or device types), financial information provided by customers, and other information sent in the course of business.

FOR END USERS UTILIZING CELLTRUST’S SERVICES, PLEASE NOTE THAT THE INFORMATION SENT MAY BE STORED, ACCESSED, AND USED BY THE CELLTRUST CUSTOMER UNDER THE TERMS OF THE APPLICABLE PRIVACY POLICY OF SUCH CUSTOMER TO WHICH YOU CONNECT FOR SERVICES. IF YOU CONNECT TO A CELLTRUST-HOSTED AND ADMINISTERED SERVER AND UNLESS OTHERWISE PROVIDED FOR UNDER A SEPARATE WRITTEN PRIVACY POLICY, THE TERMS OF THIS STATEMENT WILL GOVERN; PLEASE CONTACT THE PARTY THROUGH WHICH YOU USE THE SERVICES FOR INFORMATION ON THEIR APPLICABLE PRIVACY POLICY TERMS. IF YOU CONNECT TO A SERVICE HOSTED AND/OR ADMINISTERED BY ANOTHER PARTY SUCH AS A CELLTRUST CUSTOMER OR STRATEGIC PARTNER, YOU MUST CONTACT SUCH PARTY FOR THE APPLICABLE PRIVACY POLICY. THE CELLTRUST CUSTOMER OR OTHER THIRD PARTY ADMINISTERING YOUR SERVICES IS RESPONSIBLE FOR ALL REQUIRED COMPLIANCY AND NOTICE REQUIREMENTS RELATED TO PRIVACY RECORDS AND AUDIT PRACTICES FOR YOUR USE. IF FURTHER GUIDANCE IS NEEDED AS TO THE PRIVACY POLICY APPLICABLE TO YOUR USE, PLEASE CONTACT CELLTRUST OR THE PARTY THROUGH WHICH YOU ARE ACCESSING THE SERVICES.

FOR USERS UTILIZING ANY COMMUNICATION THAT INVOLVES A DEVICE WITHOUT A CELLTRUST SECURED APP (OR NOT USING THE SECURED APP), PLEASE NOTE THAT WHEN SUCH MESSAGES ARE TRANSMITTED, THEY ARE EXPOSED TO THIRD PARTY VENDORS SUCH AS TELECOMMUNICATION CARRIERS, WHOSE SERVICES ARE NECESSARY TO SEND THESE MESSAGES. YOU ACKNOWLEDGE THAT THESE THIRD-PARTY VENDORS ARE NOT WITHIN OUR CONTROL, AND, AS SUCH, THERE MAY BE LIMITED (IF ANY) PRIVACY WITH THESE MESSAGES.

WHEN UTILIZING CELLTRUST’S SERVICES FOR ARCHIVING, DEPENDING IN PART ON THE CONNECTION AND VENDORS UTILIZED BY THE CUSTOMER, THE TRANSMISSION OF THE INFORMATION BETWEEN CELLTRUST AND THE ARCHIVING SERVICE MAY BE THROUGH STANDARD NETWORKS THAT MAY BE EXPOSED TO THIRD-PARTY VENDORS WHOSE SERVICES ARE USED IN CONNECTION WITH THE TRANSMISSION. END USERS ACKNOWLEDGE THAT SUCH ARCHIVING PROVIDERS AND THIRD-PARTY VENDORS ARE OUTSIDE CELLTRUST’S CONTROL, AND, AS SUCH, CELLTRUST CANNOT GUARANTEE AND MAKES NO REPRESENTATION ABOUT THE PRIVACY PROTECTION OF THE INFORMATION THAT IS TRANSMITTED IN THIS MANNER.

What do we do with this information?

What we do with information gathered from and about you depends on your relationship with us. In general, if we obtain your information solely because an End User communicates information about you within the Services, then our sole uses for your information are to fulfill the transmission. We do not use this information for our own purposes. If you provide CellTrust with your contact information by directly communicating with us (e.g. via email or through our website), unless limited by law or contract, we may use your information:

  • To provide you with information about products, services, news, and events.
  • To allow you to use, purchase, and/or download products and services.
  • To analyze use of our services and products, develop new services and products, and customize our products, services, and other information we make available.
  • To enable our customers to use the services as they deem necessary to conduct their business.

We may also disclose personal information about you if we believe that doing so is legally required or is necessary to protect our property or other legal rights (including but not limited to enforcement of our agreements or the rights of property of others).

Subject to the terms of our agreements with you and our applicable customers, we may partner with other businesses to assist us in our marketing, communications, and sales efforts, and may share information about you for these purposes. These partners are not allowed to use your information for any purpose other than doing business with CellTrust.

In addition, subject to the terms of our agreements with customers, personal information may be disclosed as part of any merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of insolvency, bankruptcy or receivership in which personal information could be transferred to third parties as one of our business assets or for auditing and compliance purposes.

2.2.    Information Collected from Visitors to CellTrust’s Website

Automatically Collected Information

Some information may be automatically collected from visitors to CellTrust’s websites (“Visitors”), such as the name of the domain and host used to access the Internet, including the Internet Protocol (IP) address; the date and time you access the website, the length of stay and the specific pages, images or forms accessed when visiting the website; the Internet Address of the website from which you linked directly to our website, and, if applicable, the search engine that referred you; any search strings or phrases that you entered into that search engine; demographic information concerning the country of origin of your computer and the language(s) used. We use this information to monitor usage of our website, assess its performance, ensure technological compatibility with the computer used, and to understand the importance of the information provided on our website. We may also conduct statistical analyses on your usage patterns and other aggregated data.

3.   Cookies

CellTrust uses cookies on its website. A “cookie” is a tiny text file that is stored on Visitors’ devices to customize your experience and support some necessary functions, either temporarily for that session or more persistently for repeat visits. CellTrust uses cookies to better understand how Visitors use our website. Our cookies are not shared or intentionally revealed to other websites. CellTrust does not look for or at other websites’ cookies on a Visitor’s computer. You have choices with respect to cookies. Visitors can modify their browser preferences, to accept all cookies, be notified when a cookie is set, or reject all cookies. If you choose to reject all cookies, you will be unable to use the services or engage in the activities that require cookies. Accepting a cookie does not give us access to your computer or personal information other than the personal data you choose to share with us.

4.   PRIVACY SHIELD PRINCIPLES

Privacy Shield Principle: Choice

You have the ability to choose to restrict what personal information is sent through CellTrust’s system to third parties by (a) limiting what information you include in the body of messages or voice calls made through CellTrust’s products and services or (b) choosing not to communicate through the CellTrust software. You may also contact the company using CellTrust services to communicate with you to further restrict use of your personal information. CellTrust never requests any special categories of personal data (such as racial or ethnic origins, information about gender or sexual identity, political, religious or union opinions and activity, etc.) for the use of its products, services, or website. You should only choose to share such information within a message or call if you are consenting to the storage and disclosure of such information through third parties necessary for transmission to the intended recipient and any archiving, mobile device management, or other party utilized by the CellTrust customer through whom you are communicating. CellTrust will never use your personal information for a purpose materially different from the purpose(s) for which it was originally collected or subsequently authorized. If you had previously agreed to receive communications directly from CellTrust and wish to discontinue such use, or if you wish to otherwise modify the use of your personal information, you may email legal@celltrust.com to determine what steps may be taken to effectuate desired changes.

We may also be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

Please note that there may be some limitations to your choices when it comes to your personal data. For example, adherence to the Principles may be limited: (a) to the extent necessary to meet national security, public interest, or law enforcement requirements; (b) by statute, government regulation, or case law that creates conflicting obligations or explicit authorizations, provided that such non-compliance with the Principles is limited to the extent necessary to meet the overriding legitimate interests furthered by such authorization; or (c) if the effect of the Directive or Member State law is to allow exceptions or derogations, provided such exceptions or derogations are applied in comparable contexts.   Furthermore, personal information that is gathered for journalistic purposes or other public communication, and the information found in previously published materials from media archives, are not subject to the Privacy Shield Principles. Additionally, affirmative express consent for the processing of sensitive data is not required where the processing is:

  1. in the vital interests of you or another person;
  2. necessary for the establishment of legal claims or defenses;
  • required to provide medical care or diagnosis;
  1. carried out in the course of legitimate activities by a foundation, association or any other non-profit body with a political, philosophical, religious or trade-union aim and on condition that the processing relates solely to the members of the body or to the persons who have regular contact with it in connection with its purposes and that the data are not disclosed to a third party without the consent of the data subjects;
  2. necessary to carry out the organization’s obligations in the field of employment law; or
  3. related to data that are manifestly made public by you.

Privacy Shield Principle: Accountability

CellTrust ensures that the contracts it has in place with its subcontractors restrict use and processing of personal information to what is necessary to provide the services required. CellTrust does not permit the sale of any personal data processed through its subcontractors or vendors. If CellTrust enters into a contract with a third-party controller, CellTrust shall require that personal data may only be processed for limited and specified purposes consistent with the consent provided by you through the underlying agreements with CellTrust, or as modified thereafter as described above. CellTrust shall further ensure that such third-party controllers provide the same level of protection to your personal data as CellTrust offers in accordance with the Privacy Shield Principles, and CellTrust shall require that they notify us in the event they determine they can no longer meet that obligation.  Consistent with the Privacy Shield Principles, CellTrust accepts responsibility for such contracted third party controllers and will take reasonable and appropriate steps to stop and remediate any unauthorized processing.  Internet Service Providers (“ISPs”), telecommunications carriers, and other organizations are not liable under the Privacy Shield Principles when they merely transmit, route, switch, or cache information on behalf of CellTrust or a CellTrust customer.  To the extent CellTrust or any other organization is acting as a mere conduit for data transmitted by third parties and does not determine the purposes and means of processing those personal data, they would not be liable.

In cases of onward transfer to third parties of data of EU or Swiss individuals received pursuant to the EU-US and Swiss-US Privacy Shield, CellTrust is potentially liable.

Privacy Shield Principle: Security

CellTrust reviews industry best practices to ensure it has taken reasonable and appropriate measures to secure data against loss, misuse and unauthorized access, disclosure, alteration and destruction.

Privacy Shield Principle: Integrity

CellTrust limits the information it requires for collection to what is relevant for the purposes of processing. CellTrust provides its customers with the means to update contact information to ensure such data is reliable for its intended use, accurate, complete, and current. CellTrust has established mechanisms to log and restrict access to its network and systems to ensure the integrity of records.

Privacy Shield Principle: Access

If CellTrust communicates directly with you or maintains your personal information in its own contact system, CellTrust will provide you access to such details and copies of such communications (upon request and authentication that it is you requesting such information), and give you the opportunity to correct, amend or remove your personal information in its contact list. If you believe your personal information is included in the system of a CellTrust customer, it is best that you contact that customer directly to access, correct, amend, or delete such information as CellTrust limits the length of time it maintains customer data and has restricted access to such data. However, CellTrust is willing to cooperate with any individual and such customer to address issues regarding personal information.

Privacy Shield Principle: Enforcement

If you have a complaint regarding your personal information, there are several mechanisms available to you to address the same. In compliance with the Privacy Shield Principles, CellTrust commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield.

  • In compliance with the Privacy Shield Principles, CellTrust commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact CellTrust at: legal @celltrust.com

 

  • European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact CellTrust by completing the complaint form found here. CellTrust shall investigate and respond to any complaint submitted within 45 days and will work to expeditiously resolve any matter at no cost to any individual submitting a complaint. at: legal@celltrust.com

(3) CellTrust has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers  for more information and to file a complaint. This service is provided free of charge to you.

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms.  See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction

CellTrust is committed to respond promptly to inquiries and requests related to compliance investigations and enforcement of the Privacy Shield Principles. In the event CellTrust were to become subject to an FTC or court order based on noncompliance, CellTrust shall make public any relevant Privacy Shield-related sections of any compliance or assessment report submitted to the FTC, to the extent consistent with confidentiality requirements.

5.   CONSENT

By using CellTrust’s website and services, you understand and consent to the collection, processing, and use of information for the purposes and in the manner set forth under this Statement.

6.   CHILDREN’S PRIVACY

At CellTrust, we do not intend to collect information from children under the age of 13 (or the applicable legal age in your location). If CellTrust discovers that a child under the age of 13 submits PII to CellTrust, we will delete such information as soon as we become aware of the source of the submission (unless we are required to retain information, and, if so, we will retain only that information that we are required to retain), and we will not use such information for any other purpose. CellTrust encourages parents to take an active role in their children’s use of the Internet and cellular telephones and to inform them of the dangers of providing Information about themselves on the Internet or through cellular telephones.

7.   ADDITIONAL RIGHTS

There are locations in which individuals have certain rights under the law regarding their information. If you have additional privacy rights guaranteed to you under your local law or regulations, CellTrust intends to honor those rights. You may contact us at CellTrust Corporation, 20701 N. Scottsdale Road, Suite #107-451 Scottsdale Arizona, 85255, USA. Attn: California Privacy Rights/Marketing, or by sending an email to legal@celltrust.com.

8.   LINKS TO OTHER WEBSITES

When you click on links on CellTrust’s website to third-party websites, you will be subject to such third parties’ privacy policies or statements. CELLTRUST IS NOT BE RESPONSIBLE FOR THIRD-PARTY WEBSITES OR THEIR CONTENT OR ACTIONS. CellTrust encourages you to read the posted privacy statement or policy of any and every website visited.

Also, you may have the opportunity to share your information through other websites, such as social media sites. We may provide a convenient link to let you do this easily, but we cannot control their website or your posts/sharing.

9.   UPDATES

CellTrust may in its sole discretion, update this Statement at any time and will post any amended Statement on its website.  Users should visit this page regularly, especially prior to providing any personal information.

10.                 FICTITIOUS NAMES

EXCEPT AS TO REFERENCES TO CELLTRUST’S CURRENT TEAM MEMBERS, ANY PERSONAL DATA, INCLUDING NAMES AND PHONE NUMBERS AND PHOTOS, DISPLAYED ON CELLTRUST’S WEBSITE ARE FICTITIOUS AND MERELY FOR ILLUSTRATIVE PURPOSES. ANY RESEMBLANCE OR SIMILARITY TO AN ACTUAL INDIVIDUAL IS MERELY COINCIDENTAL.

11.                 AGREEMENT

By using our website and services, you agree to be bound the terms and conditions of this Statement.

12.                 QUESTIONS

Please direct any questions you might have about this Privacy Statement to legal@celltrust.com or write us at CellTrust Corporation, 20701 N. Scottsdale Road, Suite #107-451 Scottsdale Arizona, 85255, USA. Attn: Privacy.