CallRail Privacy Notice
Last updated: November 2024
Table of Contents
Privacy Notice
This Privacy Notice (“Privacy Notice” or “Notice”) explains the privacy practices of CallRail Inc. (“CallRail”, “we” or “our”). It describes the ways in which we collect and process Personal Information from our business customers and visitors to our websites (such as callrail.com and app.callrail.com), or the CallRail mobile application, (“Sites”) as a controller or business under applicable privacy laws.
When we collect Personal Information as a processor or service provider on behalf of business customers, we process Personal Information in accordance with our contract with them and their privacy policy will apply. If you have any questions about how a business customer processes your Personal Information, you should contact them directly.
Your Consent
By using the Sites and Services (as defined below), you consent to the terms of this Privacy Notice. If you do not agree to the terms and conditions of this Privacy Notice, including having your Personal Information used in any of the ways described in this Privacy Notice, then do not provide us with your Personal Information. If you don’t provide us with certain information you may not be able to use certain parts or features of the Sites or the Services.
Use of the Sites and Services by you following our posting of a new Privacy Notice on our Sites constitutes your acceptance of the Privacy Notice as modified. In the event we materially change the way in which we use your Personal Information, where required by law, we will provide you with notice and ask you to affirmatively accept these material changes.
This Privacy Notice is incorporated as part of CallRail’s Terms of Use, which apply to your use of the Site and Services.
Description of Our Services
The CallRail “Services” consist of online, offline and mobile offerings that help our business customers track and optimize their call services, including software that can track and record calls and that give our business customers the ability to use online communication for measuring marketing campaigns, improving customer service, and improving sales performance. Our Services may change and be updated from time to time, and further details on our Services can be found at https://www.callrail.com/legal/services.
Collection of Personal Information
When you register on our Sites or use our Sites or Services, we collect your Personal Information. In this Privacy Notice, the term “Personal Information” generally refers to information that tells us specifically who you are, such as your name, phone number, email, and postal address, as well as other data associated with you that is deemed to be personal information under applicable privacy laws of different states or countries. Privacy laws may refer to such information as, for example, “personal data”, “personally identifiable information”), or “personal information”. We use Personal Information to refer to all of these terms.
Personal Information you provide to us. The Personal Information we may collect from you depends on how you use our Site and Services or otherwise interact or engage with us and may include:
- Contact information such as email, name, phone number, and professional information when you create an account, submit a support ticket, call for support, register for our webinars, and otherwise communicate with us.
- Communications that we exchange, including when you contact us via phone, email, our AI Chatbot, or otherwise. We collect and maintain a record of your contact information, a history of our interactions with you, information about your use of our Site and Services, and information you provide to us related to any customer support request.
- Professional information such as your work email, phone number, company, industry, and account information when you create an account, refer a friend to our Services or otherwise interact with us in your professional capacity.
- Other information that we will process as described in this Privacy Notice or as otherwise disclosed to you.
Personal Information collected from third party sources. We may collect Personal Information about you from third party sources such as public databases, advisors and agents, affiliates and subsidiaries, internet service providers, operating systems and platforms, data brokers and analytics providers, marketing companies, business partners, business customers, social media platforms, or other third parties. We may combine the Personal Information that we receive from you with Personal Information and other information that we obtain from other sources.
If you post information about us or engage with us on third party platforms, we may collect Personal Information about you from that third party platform or account. These third-party platforms and services control the information they collect and disclose about you. For information about how they may use and disclose your Personal Information, including any information you make public, please consult their respective privacy policies.
Personal Information we collect automatically. When you use our Site, we, third parties, our service providers, and our business partners may automatically collect information, including personal information, through the use of cookies, pixel tags, and other similar technologies such as:
- Device data, your computer or mobile device operating system type and version number, manufacturer and model, browser type, screen resolution, domain names, date/time stamps, language, unique or online identifiers, internet service provider, IP address, the websites you visited before and after browsing to our Site, general location information, and similar information.
- Activity and usage data, such as pages or screens viewed, time spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, log file information, duration of access, and other activity and usage information.
We also collect Personal Information on our business customers’ website visitors via our JavaScript. This information includes IP address, User Agent, URLs visited on our business customers’ websites, and other data that may be accessible through the JavaScript code installed on the business customers’ websites. We and third parties use various in-house and third-party analytics tools to analyze the activity of our own customers as they use our Sites and Services.
Personal Information processed on behalf of business customers. We collect Personal Information on behalf of our business customers according to our business customers’ instructions. We may collect, record and/or transcribe Personal Information of callers and calls to our business customers through the dedicated phone numbers that our business customers have purchased through CallRail (or numbers our business customers have requested be ported into CallRail from another provider). Generally, on behalf of our business customers, we may collect: (1) the caller’s phone number; (2) the name displayed on the Caller ID (when available); (3) call recordings and transcripts of calls placed to us or to our business customers when using our Services; and (4) other data that may be correlated through our business customer’s data sources (for example, customer data from CRM systems), Personal Information sources (for example, social contacts and email inboxes), and third party data services. The data is collected in order to display relevant caller information related to an incoming phone call. We and our business partners may use this data to increase the accuracy of caller information and provide more specific information to our business customers regarding the general call location, to describe the types of businesses that engage with our business customers and to determine call histories for analytics and other lawful purposes.
How We Use Your Personal Information
We use Personal Information for the following purposes depending on your interaction with us, including to:
- Provide our Site and Services, communicate with you about your use of or interest in our Site or Services, provide troubleshooting and technical support, notify you of changes to our Site, respond to inquiries, fulfill requests, and for similar Site, Service, and support purposes; Personalize and customize our Site or Services to your or our business customers’ preferences;
- Make improvements to our Sites, Services, and marketing campaigns;
- Send, plan, and manage information regarding CallRail’s promotions, contests and events;
- Provide information we think you will be interested in;
- Administer surveys and questionnaires such as for research and development purposes;
- Comply with our contracts with business customers, vendors and other third parties;
- Comply with the law, our legal obligations, and regulatory or law-enforcement requirements or to respond to legal process and related proceedings;
- Protect the Site, Services, and our business operations, prevent and detect fraud, unauthorized activities and access, and other misuse, where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of any person or third party, or violations of our terms or this Privacy Notice;
- Related to the administration of our general business, accounting, auditing, compliance, recordkeeping, hiring and legal functions; and
- Other purposes that may be disclosed to you or that you consent to as permitted by law.
Disclosures and Transfers of Personal Information
We may disclose Personal Information to service providers, affiliated entities, business customers, third party partners, other users, chatbot providers, analytics providers, social media platforms, professional advisors, authorities, or relevant participants in business transactions (or potential transactions) under the following circumstances:
- We have your permission to make the disclosure;
- The disclosure is necessary for the purpose for which the Personal Information was obtained;
- The disclosure is to our credit card service provider in order to fulfill and carry out the purchase and provision of the Services requested by you;
- The disclosure is permitted or required by relevant law;
- The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
- The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
- The disclosure is for our own marketing and analytics purposes, or for third parties’ marketing and analytics purposes;
- The party to whom the disclosure is made controls, is controlled by, or is under common control with CallRail;
- The disclosure is posted to our Community page;
- The disclosure is to the business customer that we collected the Personal Information on behalf of or the disclosure is otherwise directed by the business customer;
- The disclosure is related to your use of the social media features on our Sites, such as the Facebook, LinkedIn, X, or Instagram widgets. These features may collect electronic and other internet activity information, such as your IP address and which page you are visiting on our website or mobile application. These widgets may set a cookie or utilize other tracking technologies to accomplish this. Social media features and widgets are hosted by a third party and your interactions with those features are governed by the privacy policies of the companies that provide them;
- The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena, or government request, or in connection with litigation;
- The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of the CallRail Terms of Service or other contracts, even without a subpoena, warrant or court order; or
- The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, providing marketing assistance, and data analysis, including our service providers that may be outside the country or jurisdiction in which you reside.
Opting Out of CallRail Marketing in the United States
You may opt out of being contacted by us, or receiving such information from us, at any time by sending an email to privacy@callrail.com. Current customers can either send an email to privacy@callrail.com or submit a ticket through https://support.callrail.com. You may be able to stop receiving some marketing communications, such as emails, by updating your preferences (available at: view.callrail.com/Subscription-Preferences-Center.html) as to which type of communications you'd like to receive from us. If you do not wish to be contacted via text, reply stop to a text message from us. There may be exceptions to fulfilling your request as outlined in this Notice, such as for communications to our business customers that are important for the use of our Services.
We may also email you information regarding updates to the Services and to send information regarding CallRail, such as promotions, contests and events. You can opt out of receiving any marketing communications by emailing privacy@callrail.com at the time it is distributed, or at the time any individual registers for the Service.
If, at any time after registering for information or ordering the Service, you change your mind about receiving information from us, send us a request specifying your new choice. Simply send your request toprivacy@callrail.com.
Opting In to CallRail Marketing for Non-US Customers
If you're a business customer or prospect outside the US, you may need to provide us with your express consent to being contacted by us, or receiving such information from us when you register to use the Services by selecting to opt in. This consent may be necessary in order to receive information regarding updates to the Services and for us to send you information regarding CallRail, such as promotions, contests and events.
You can revoke your consent at any time to stop receiving any communication by emailing privacy@callrail.com or using the “unsubscribe” option provided in our marketing messages.
If, at any time after registering for information or ordering the Service, you change your mind about receiving information from us send us a request specifying your new choice. Simply send your request to privacy@callrail.com.
Third-Party Sites
The Site contains links to third-party websites or features. Any access to and use of such linked websites or features is not governed by this Privacy Notice, and CallRail is not responsible for the privacy practices or the content of these other websites. You will need to check the policy statements of these other websites to understand their policies including how they process Personal Information.
California Notice at Collection and Privacy Policy
This part of our Privacy Notice describes how we collect and process the Personal Information we collect as a “business” pursuant to the California Consumer Privacy Act and the regulations issued thereto, each as amended (“CCPA”) and applies to consumers who reside in California. If this section differs from other terms in this Privacy Notice, this section governs for California consumers only. This Section does not address or apply to our handling of Personal Information that is exempt under the CCPA, such as publicly available information or de-identified or aggregated information.
When we collect Personal Information as a service provider on behalf of business customers, we process Personal Information in accordance with our contract with them and their privacy policy will apply.
Personal Information Collected
Generally, we collect the following categories of Personal Information as more fully described in the “Collection of Personal Information” section above:
- Identifiers such as name, address, email address, phone number, unique personal identifiers, online identifiers, IP address, other similar identifiers.
- Customer Records such as your account and profile information and customer records that contain Personal Information, such as name and contact information.
- Commercial information, including information about orders or purchases of any of our products or Services purchased, obtained, or considered; registration information, specials, and information you provide or submit to us when you participate in any event, program, survey or other promotion that we may offer from time to time.
- Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with our Sites, advertisements that we display on our Sites or on third party sites and apps, or accounts on third-party social media platforms and other usage data related to your use of our Sites.
- Geolocation data such as information about a particular device or individual.
- Audio, Electronic, Visual, or Similar Information from calls placed with customer service and accounting centers which may be recorded, recorded meetings and webinars, videos, and photographs.
- Inferences drawn from (1) the Personal Information we collect when you visit our Sites, tools, widgets and plug-ins, (2) Persona; Information we collect, including through third-party suppliers, regarding content and other data posted on the internet (such as public locations on the internet), and (3) Personal Information about consumer preferences and behaviors that we collect on our business customer’s websites or purchase from third parties in order to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.
Disclosure of Personal Information to Third Parties for a Business or Commercial Purpose
We may disclose identifiers; customer records; commercial information; internet and other electronic activity information; geolocation data; audio, electronic, visual or similar information; and inferences to the following third parties for a business or commercial purpose: advertising networks, internet service providers, data analytics providers, government entities, operating systems and platforms, social networks, and data brokers.
Sale and Sharing of Personal Information
The CCPA defines “sale” as disclosing or making available Personal Information to a third-party in exchange for monetary or other valuable consideration, and “sharing” includes disclosing or making available Personal Information to a third-party for purposes of cross-contextual behavioral advertising. While we do not disclose Personal Information to third parties in exchange for monetary compensation, we may “sell” or “share” the following categories of Personal Information: identifiers; commercial information; and Internet and network activity information. We may disclose these categories to third-party advertising networks, analytics providers, business customers, and social networks for purposes of marketing and advertising and to improve and measure our ad campaigns.
We do not sell or share Sensitive Personal Information, nor do we sell or share Personal Information about individuals we know are under age sixteen (16).
Sources of Personal Information
We generally collect Personal Information from the following categories of sources: directly or indirectly from you, advertising networks, internet service providers, business customers, data analytics providers, government entities, operating systems and platforms, social networks, and data brokers.
Purposes of Collection, Use, and Disclosure
As further described in the “How We Use Your Personal Information” section above, we may collect, use, disclose, and otherwise process the above listed Personal Information for the following business or commercial purposes and as otherwise directed or consented to by you: Services and support; relationship management; sweepstakes, contests, and promotions; analytics and improvement; customization and personalization; marketing, advertising and public relations; research, surveys, and product development; security and protection of rights; legal proceedings and obligations; general business and operational support.
Retention
We retain the Personal Information that we collect only as reasonably necessary for the purposes described above or as otherwise disclosed to you at the time of collection. For example, we will retain your account information for as long as you have an active account with us and additional information as necessary to comply with our tax, accounting, and recordkeeping obligations, to provide you with the Services you have requested, as well as an additional period of time as necessary to protect, defend, or establish our rights, defend against potential claims, and comply with our legal obligations. In some cases, rather than delete your Personal Information, we may deidentify or aggregate it and use it in compliance with the CCPA.
Your California Privacy Rights Under CCPA
If you are a California resident, CCPA provides you the following rights, subject to certain limitations. Where we are acting as a service provider to our business customers in our processing of your Personal Information, we may refer requests to our business customers.
- Know/Access. The right to know what Personal Information we have collected about you, including the categories of Personal Information, the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing Personal Information, the categories of third parties to whom we disclose Personal Information, and the specific pieces of Personal Information we have collected about you.
- Correct. The right to correct inaccurate Personal Information that we maintain about you.
- Delete. The right to delete your Personal Information that we have collected, subject to certain exceptions.
- Opt Out of Sales and Sharing. The right to opt-out of our sale and sharing of your Personal Information. To opt out of sale/sharing, you may adjust your cookie settings here. If you visit our Sites that are able to detect when your browser is transmitting an opt-out preference signal, such as a “global privacy control” (GPC) signal, we will opt that particular browser on your device out of targeting cookies for purposes of that Site. If you come to that Site from a different device or from a different browser on the same device, you will need to apply GPC for that browser and/or device as well. To enable GPC, you can visit the Global Privacy Control page at https://globalprivacycontrol.org.
- Limit Certain Uses and Disclosures of Sensitive Personal Information. We only use and disclose Sensitive Personal Information for purposes authorized under the CCPA; therefore, this right is not available to California residents.
- Non-discrimination. The right not to be subject to discriminatory treatment for exercising your rights under the CCPA.
Requests to Exercise Your Rights
You may request to exercise the foregoing rights by:
- California consumers can submit a request to privacy@callrail.com or call CallRail Support at +1 (877) 857-2713
- Current customers that have an account with us can make their request by:
- Logging in to your account and submitting a request
- Submitting a ticket through https://support.callrail.com/
Verification. When you submit a request, we will take steps to verify your identity and request by matching the information provided by you with the information we have in our records. In some cases, we may request additional information in order to verify your identity, or where necessary to process your request. If we are unable to verify your identity after a good faith attempt, we may deny the request and, if so, will explain the basis for denial.
You may also designate someone as an authorized agent to submit requests and act on your behalf. Authorized agents will be required to provide proof of their authorization and we may also require the relevant consumer to directly verify the identity and the authority of the authorized agent.
Your Rights if You Are an EU, UK or Swiss Data Subject
This section applies if you are an EU, UK or Swiss data subject (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway and, where applicable, Switzerland). The term “Personal Information” as used in this Privacy Notice means “personal data” as defined under Regulation (EU) 2016/679 (General Data Protection Regulation, or “GDPR”).
Under GDPR, CallRail is both a “Controller” and a “Processor”. CallRail is the Controller of Personal Information you provide to us about yourself as a customer or when requesting information about our products and services. For data you provide to CallRail or request that we collect as part of using our Services, including but not limited to the Personal Information we collect on behalf of our customers, we are a Processor for our customers, who are the Controllers that determine the purposes and means of the processing of your Personal Information by CallRail.
CallRail is based in the USA. Personal information and data processed by CallRail is transferred to our servers in the USA. When transferred, we take all reasonable steps to protect your Personal Information, including encryption during data transit and storage. For more information, see “International Data Transfers” below.
How We Use EU Personal Information
For data for which we are the Controller, we collect and use your Personal Information to respond to your enquiries or provide the products and services that you have purchased or take steps to purchase from CallRail, as described previously.
For data for which we are the Processor, we do not transfer Personal Information to third parties except to the companies on our list of sub-processors, and then only in order to provide the services requested by our customer. When we are acting as a Processor for a customer, you should contact the customer (as Controller) with any questions you may have about how your Personal Information is being used. If you contact us directly when we are acting as a Processor, we may refer your request to the appropriate customer who is the Controller of your Personal Information. If concerns remain, you may contact our Privacy Team as directed in the “How To Contact Us” section below.
We rely on the following legal bases for processing your Personal Information:
- Processing of your Personal Information based on your consent for such processing. You have the right to withdraw your consent, as further described below.
- Processing of your Personal Information that you provide to us (such as your name, email address, postal address, telephone number, company name and role) when you request information about the CallRail Services or when you otherwise send inquiries about our Services and processing of this data is necessary to respond to or implement your request prior to entering into a contract with us or a Controller that is using our Services.
- We use account-related data to set up accounts for users in the Services and to administer and support those accounts (such as usernames, email address and billing information), provide you with access to the Services, contact you regarding your use of the Services or to notify you of important changes to the Services. Such use is necessary for the performance of the contract between you and our customers, or, where you are our customer, between you and CallRail.
- We may send you information by email or through other electronic communications on our new products or services or other promotions if you consent to receiving them. If you have not opted-in to these marketing emails, we do this either because we are relying on an exception to opt-in requirements or because of our legitimate interest to promote the success of our business.
- Our use of data relating to your use of the Sites and/or the Services, described above, is necessary for our legitimate interests in understanding how the Sites and the Services are being used by you, to improve your experience on it and our Service offerings.
- We also have a legitimate interest in aggregating and/or anonymizing or de-identifying the information that we collect through our Sites and/or the Services and using this information for our business purposes, as described above.
- When we process your Personal Information for our legitimate interests, we make sure to consider and balance any potential impact on you, and your rights under data protection laws. Our legitimate business interests do not automatically override your interests — we will not use your Personal Information for activities where our interests are overridden by the impact on you, unless we have your consent for our processing activities or those activities are otherwise required or permitted by law. You have the right to object to processing that is based on our legitimate interests, as further described below.
Rights of EU, UK and Swiss Data Subjects
Subject to applicable law and reasonable steps that we may take to verify your identity with respect to your requests, you have the following rights in relation to your Personal Information. As noted above, where we are acting as a processor for our customer, we may refer your requests to our customer for response.
- Right of access: If you ask us, we will confirm whether we are processing your Personal Information and, if so, provide you with a copy of that Personal Information (along with certain other details). If you require additional copies, we may need to charge a reasonable fee.
- Right to rectification: If your Personal Information that we control is inaccurate or incomplete, you are entitled to have it rectified or completed. Note that we may not be able to rectify data obtained from a third party such as a governmental agency or other data that we do not control, and you will need to contact that third party directly. If we have shared your Personal Information with others, we will tell them about the rectification where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Information so that you can contact them directly.
- Right to erasure: You may ask us to delete or remove your Personal Information and we will do so in some circumstances, such as where we no longer need it (we may not delete your data when other interests outweigh your right to deletion, for example if we are required by law to keep it). If we have shared your Personal Information with others, we will tell them about the erasure where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Information so that you can contact them directly.
- Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Information in certain circumstances, such as where you contest the accuracy of that Personal Information or object to us processing it. We will tell you before we lift any restriction on processing. If we have shared your Personal Information with others, we will tell them about the restriction where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Information so that you can contact them directly.
- Right to data portability: You have the right to obtain your Personal Information from us that you consented to give us or that is necessary to perform a contract with you, to the extent it is available. We will give you your Personal Information in a reasonable format given the nature of the information requested and complexity of providing it.
- Right to object: You may ask us at any time to stop processing your Personal Information, and we will do so if we are processing your Personal Information for the Services, for direct marketing, or otherwise. However, if we are relying on a legitimate interest to process your Personal Information and we demonstrate compelling legitimate grounds for the processing we may continue; or you may exercise your rights by contacting us as directed in the “How To Contact Us” section below. Note you will be asked to verify your identity when submitting a request.
- Rights in relation to automated decision-making and profiling: You have the right to be free from decisions that we make based solely on automated processing of your Personal Information, including profiling, which produce a significant legal effect on you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us, or with your explicit consent.
- Right to withdraw consent: If we rely on your consent to process your Personal Information, you have the right to withdraw that consent at any time. Your withdrawal of consent will not apply to or affect prior processing of data that was processed prior to our receipt of your withdrawal of consent.
- Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we have handled your Personal Information, you can report it to the data protection authority that is authorized to hear those concerns.
If you have an account with us, we may instruct you to exercise some of your rights above through account settings or features, or by deleting your account.
Data Subjects may contact us as directed in the “How to Contact Us” section below.
International Data Transfers
Visiting our Site and Using our Services from Outside of the United States
Our Site and Services are hosted and managed in the USA, so the Personal Information we process will be transferred to and processed in the USA. The USA may have data protection laws that are different than the laws of your country, but we have taken appropriate safeguards to require that your Personal Information will remain protected in accordance with this Privacy Notice. In particular, regarding the transfer to and processing in the United States of Personal Information from the European Economic Area (EEA) member countries, the United Kingdom (UK) and Switzerland, CallRail and its business customers generally rely on the Standard Contractual Clauses (SCCs) to help safeguard such Personal Information and as our lawful transfer mechanism under GDPR.
CallRail commits to resolve complaints about your privacy and our collection or use of your Personal Information. European Union, UK or Swiss individuals with inquiries or complaints regarding this Privacy Notice are encouraged to first contact CallRail at the contact information provided in the “How to Contact Us” section below. You may refer any unresolved privacy or data use concern that we have not addressed satisfactorily to your local data protection authority, and we will work with them to resolve your concern.
When CallRail transfers Personal Information about EU, UK or Swiss individuals to other third parties, it will do so in accordance with the requirements of GDPR applicable to such transfers, including for onward transfers of Personal Information to third parties in other countries that are not covered by an adequacy decision, such as the USA. In these cases, CallRail is potentially liable if such third parties do not provide the same level of protection as GDPR.
Retention of EU Data
For information on our data retention practices, see the “Data Retention and Destruction” section below, which applies to Personal Information of EU data subjects.
Do Not Track
Currently, our systems do not recognize “Do-Not-Track” requests. You may, however, disable certain tracking by disabling cookies, enabling Global Privacy Control (“GPC”) in certain jurisdictions, or by opt outing of targeted advertising by following the instructions in the “Third-Party Advertising Services” section.
Cookies and Advertising Technologies
We and third-party providers use cookies and similar tracking mechanisms to track your use of our Site. When you visit our Site, other websites where we advertise CallRail’s offerings, or the websites of our business customers, we may collect data about your online activities. We use this data to support our own or our business customers’ advertising efforts and to provide some of our Services to our business customers. To collect this data, we use cookies and other advertising technologies, which may be deployed on our Site, our business customers’ websites, and on other websites where we or our business customers advertise. These cookies and other technologies can be either our own or provided by third party providers.
This section provides additional information about the various technologies that CallRail uses to manage the CallRail Sites and to deliver ads to you and Services to our business customers, including services that collect information when you interact with our business customers by phone or on their websites.
Cookies
We use cookies to provide functionality to our Sites and also to deliver our Services to our business customers. A cookie is a small text file that can be stored on your computer or device when you visit a website, view an advertisement, or interact with an online service. Cookies are used to remember information about you, such as the time you visited a website, your IP address, your browser type, the pages you visit, items you have placed in your shopping cart, and how long you stay on a webpage. Cookies and other tracking technologies can also be used to assist you in navigation, to register for events, login, and provide feedback; to analyze use of the Services or applications; and to assist with advertising and marketing efforts (including behavioral advertising).
A common use of cookies on behalf of our business customers is to associate your phone call data with your browsing activity on the business customer’s website; our use of this technology is governed by our contract with our business customers.
Cookies and technologies deployed through our Services
If a CallRail business customer elects to use our JavaScript tool on the business customer’s website, it will allow the business customer’s website to use certain functionality offered by CallRail through the Services, such as the ability to associate your calls with the business customer and your activity on the business customer’s website. The specific functionality employed on a business customer’s website depends on the particular features of the Services that the business customer chooses to use. You should therefore review the relevant business customer’s privacy notice and cookie disclosures for further information about the specific types of cookies and other tracking technologies used on the business customer’s website and for instructions on how to opt-out or manage your preferences regarding these features.
Third Party Advertising Services
We and third parties such as advertising networks, ad exchanges, and analytics providers may serve, optimize and measure the performance of our advertisements across the internet and mobile applications. You may see our ads on other websites because these third parties’ services may track your online activities across multiple websites, online services and mobile applications over time by collecting information through automated means, such as cookies, and they use this information to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements too many times; and (c) understand the usefulness to you of the advertisements that have been delivered to you.
These third party tracking technologies are not controlled by us, even if they use our technology to help store or collect data. Except for the disclosures about third parties, statements in this Notice regarding our privacy practices do not apply to the methods for collecting information used by these third-party providers and others or the use of the information that such third parties collect.
The relevant third parties’ terms of service, privacy policies, permissions, notices and choices should be reviewed regarding their collection, storage and sharing practices. We make no representations regarding the policies or practices of third-party advertisers or providers of tracking technologies or related third parties. You may wish to visit http://www.networkadvertising.org/choices, which provides information regarding this practice by Network Advertising Initiative (“NAI”) members, and your choices regarding having this information used by these companies, including the “opt-out” procedures of NAI members.
You may also be able to opt-out of receiving interest-based ads from participating third party ad networks by visiting the Digital Advertising Alliance (“DAA”) website at http://www.aboutads.info/choices/control, the Digital Advertising Alliance of Canada (“DAAC”) at https://youradchoices.ca/en/tools, or the European Digital Advertising Alliance (“EDAA”) website at www.youronlinechoices.com. Similar limitations may apply to the opt-outs provided by these organizations. We are not responsible for effectiveness of or compliance with any third-parties’ opt-out options.
Opting out of these organizations only means that those members no longer will be allowed under their own rules to deliver targeted content and/or ads to you, which will affect this and other sites, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit their opt-out pages, or you subsequently erase your cookies, use a different device or change web browsers, your opt-outs may not, or may no longer, be effective. Additional information is available on each organization's website accessible by the above links.
Log Files
Like most websites and online services providers, we gather certain information when you visit or interact with our Sites and on our business customers’ behalf when you interact with them via our Services. This information is collected automatically and stored in log files. It includes IP addresses, User Agent, URLs visited on our business customers’ websites, and other data that may be accessible through the JavaScript code installed on the business customers’ websites.
Pixel Tags
Pixel tags (sometimes called web beacons or clear GIFs) are tiny graphics with a unique identifier, similar in function to cookies. While cookies are stored locally on your device, pixel tags are embedded invisibly within web pages and online content. We may use these, in connection with our Sites and Services to, among other things, track the activities of users, help us manage content and compile usage statistics. We may also use these in HTML e-mails we send, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.
Google Analytics
We use third party tools, such as Google Analytics, to evaluate usage of our Site and to help us improve performance and user experiences. These third-party tools may use cookies and other tracking technologies, such as pixel tags, to perform their services. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout
Correcting & Updating Your Personal Information
If you are a CallRail business customer and wish to update your billing information, please log in to your account and click on Billing to update your information. Additionally, you can contact CallRail support for more assistance with the Personal Information in your account: https://support.callrail.com/. To discontinue the Service, please submit a request with CallRail support.
Data Retention and Destruction
We will retain Personal Information for the period necessary to provide our Services or fulfill the purposes for which it was collected, or as otherwise required by our contracts or by law.
When determining how long we should keep data, we consider the length of time we will have a relationship with you and our business customers to whom we provide our Services, whether there is a legal obligation that would require us to keep the information for a specified period of time, the reasons why we process your data, and the risk of harm from unauthorized use or disclosure of your Personal Information.
We may also de-identify Personal Information for research or analytical purposes so that it is no longer associated with you. If data is aggregated or de-identified, we may use this data for as long as we have a legitimate business purpose for such use or as permitted by law.
Where we hold and process Personal Information for a business customer as part of our Services, our retention or deletion of data will be subject to that business customer’s instructions and the agreement we have with them.
Security
We employ a number of measures designed to protect the Personal Information we collect. While we implement these and other measures on our sites, please note that 100% security is not always possible. We cannot guarantee that the security measures we have in place to safeguard Personal Information will never be defeated or fail, or that those measures will always be sufficient or effective.
There are also certain steps you can take to better protect against unauthorized access to your Personal Information. For example, you should choose a strong password that is unique and do not reuse passwords across multiple sites and services or share your password with others.
Children’s Privacy
We provide a general audience Site. Our Services and Sites are not directed to children and we do not knowingly collect or receive Personal Information from them. If you believe that we have received Personal Information from a child in violation of applicable law, please contact us as directed in the “How To Contact Us” section below.
Social Media Platforms and Websites
Any information, communications, or material of any type or nature that you submit to any CallRail pages or sites contained on a social media platform or website such as Facebook or X, by email, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”), is done at your own risk and without any expectation of privacy. CallRail cannot control the actions of other users of any social media platform or website and we are therefore not responsible for any content or Submissions contained on such sites and platforms. By visiting any of our pages or Sites that are contained on a social media platform or website, you are representing and warranting to CallRail that you have reviewed the applicable privacy policy and terms of use of such platform or website and that you will abide by all such provisions contained therein.
Additionally, in the event that any one of the Sites offers a message board or any other interactive or social-type feature on a Site administered directly by us, please be aware that these areas may allow you to publicly post, and share with other users, certain messages, content, or other information (e.g., stories, pictures, ingredients, tips, etc.). We encourage you to be wary of giving out any Personal Information in such public forums. The information you post can be collected and used by people you don’t know. We cannot guarantee the privacy and safety of these areas and are therefore not responsible for any information you choose to post. Your use of these features is fully at your own risk.
Updates and Notice of Material Change in the Use of Your Personal Information
We may update this Privacy Notice from time-to-time in our sole discretion. It is your responsibility to review this Privacy Notice for any changes each time that you use the Sites and Services.
How to Contact Us
If you have any questions about this Privacy Notice, please contact us by emailing privacy@callrail.com. You can also write to us at CallRail Inc., 100 Peachtree Street Suite 2700 Atlanta GA, 30303, Attention: Privacy, or contact us by phone at +1 877-857-2713.
CallRail Privacy Notice — Effective November 1, 2024
Last Updated: October 16, 2024
Table of Contents
Privacy Notice
This Privacy Notice (“Privacy Notice” or “Notice”) explains the privacy practices of CallRail Inc. (“CallRail”, “we” or “our”). It describes the ways in which we collect and process Personal Information from our business customers and visitors to our websites (such as callrail.com and app.callrail.com), or the CallRail mobile application, (“Sites”) as a controller or business under applicable privacy laws.
When we collect Personal Information as a processor or service provider on behalf of business customers, we process Personal Information in accordance with our contract with them and their privacy policy will apply. If you have any questions about how a business customer processes your Personal Information, you should contact them directly.
Your Consent
By using the Sites and Services (as defined below), you consent to the terms of this Privacy Notice. If you do not agree to the terms and conditions of this Privacy Notice, including having your Personal Information used in any of the ways described in this Privacy Notice, then do not provide us with your Personal Information. If you don’t provide us with certain information you may not be able to use certain parts or features of the Sites or the Services.
Use of the Sites and Services by you following our posting of a new Privacy Notice on our Sites constitutes your acceptance of the Privacy Notice as modified. In the event we materially change the way in which we use your Personal Information, where required by law, we will provide you with notice and ask you to affirmatively accept these material changes.
This Privacy Notice is incorporated as part of CallRail’s Terms of Use, which apply to your use of the Site and Services.
Description of Our Services
The CallRail “Services” consist of online, offline and mobile offerings that help our business customers track and optimize their call services, including software that can track and record calls and that give our business customers the ability to use online communication for measuring marketing campaigns, improving customer service, and improving sales performance. Our Services may change and be updated from time to time, and further details on our Services can be found at https://www.callrail.com/legal/services.
Collection of Personal Information
When you register on our Sites or use our Sites or Services, we collect your Personal Information. In this Privacy Notice, the term “Personal Information” generally refers to information that tells us specifically who you are, such as your name, phone number, email, and postal address, as well as other data associated with you that is deemed to be personal information under applicable privacy laws of different states or countries. Privacy laws may refer to such information as, for example, “personal data”, “personally identifiable information”), or “personal information”. We use Personal Information to refer to all of these terms.
Personal Information you provide to us. The Personal Information we may collect from you depends on how you use our Site and Services or otherwise interact or engage with us and may include:
- Contact information such as email, name, phone number, and professional information when you create an account, submit a support ticket, call for support, register for our webinars, and otherwise communicate with us.
- Communications that we exchange, including when you contact us via phone, email, our AI Chatbot, or otherwise. We collect and maintain a record of your contact information, a history of our interactions with you, information about your use of our Site and Services, and information you provide to us related to any customer support request.
- Professional information such as your work email, phone number, company, industry, and account information when you create an account, refer a friend to our Services or otherwise interact with us in your professional capacity.
- Other information that we will process as described in this Privacy Notice or as otherwise disclosed to you.
Personal Information collected from third party sources. We may collect Personal Information about you from third party sources such as public databases, advisors and agents, affiliates and subsidiaries, internet service providers, operating systems and platforms, data brokers and analytics providers, marketing companies, business partners, business customers, social media platforms, or other third parties. We may combine the Personal Information that we receive from you with Personal Information and other information that we obtain from other sources.
If you post information about us or engage with us on third party platforms, we may collect Personal Information about you from that third party platform or account. These third-party platforms and services control the information they collect and disclose about you. For information about how they may use and disclose your Personal Information, including any information you make public, please consult their respective privacy policies.
Personal Information we collect automatically. When you use our Site, we, third parties, our service providers, and our business partners may automatically collect information, including personal information, through the use of cookies, pixel tags, and other similar technologies such as:
- Device data, your computer or mobile device operating system type and version number, manufacturer and model, browser type, screen resolution, domain names, date/time stamps, language, unique or online identifiers, internet service provider, IP address, the websites you visited before and after browsing to our Site, general location information, and similar information.
- Activity and usage data, such as pages or screens viewed, time spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, log file information, duration of access, and other activity and usage information.
We also collect Personal Information on our business customers’ website visitors via our JavaScript. This information includes IP address, User Agent, URLs visited on our business customers’ websites, and other data that may be accessible through the JavaScript code installed on the business customers’ websites. We and third parties use various in-house and third-party analytics tools to analyze the activity of our own customers as they use our Sites and Services.
Personal Information processed on behalf of business customers. We collect Personal Information on behalf of our business customers according to our business customers’ instructions. We may collect, record and/or transcribe Personal Information of callers and calls to our business customers through the dedicated phone numbers that our business customers have purchased through CallRail (or numbers our business customers have requested be ported into CallRail from another provider). Generally, on behalf of our business customers, we may collect: (1) the caller’s phone number; (2) the name displayed on the Caller ID (when available); (3) call recordings and transcripts of calls placed to us or to our business customers when using our Services; and (4) other data that may be correlated through our business customer’s data sources (for example, customer data from CRM systems), Personal Information sources (for example, social contacts and email inboxes), and third party data services. The data is collected in order to display relevant caller information related to an incoming phone call. We and our business partners may use this data to increase the accuracy of caller information and provide more specific information to our business customers regarding the general call location, to describe the types of businesses that engage with our business customers and to determine call histories for analytics and other lawful purposes.
How We Use Your Personal Information
We use Personal Information for the following purposes depending on your interaction with us, including to:
- Provide our Site and Services, communicate with you about your use of or interest in our Site or Services, provide troubleshooting and technical support, notify you of changes to our Site, respond to inquiries, fulfill requests, and for similar Site, Service, and support purposes; Personalize and customize our Site or Services to your or our business customers’ preferences;
- Make improvements to our Sites, Services, and marketing campaigns;
- Send, plan, and manage information regarding CallRail’s promotions, contests and events;
- Provide information we think you will be interested in;
- Administer surveys and questionnaires such as for research and development purposes;
- Comply with our contracts with business customers, vendors and other third parties;
- Comply with the law, our legal obligations, and regulatory or law-enforcement requirements or to respond to legal process and related proceedings;
- Protect the Site, Services, and our business operations, prevent and detect fraud, unauthorized activities and access, and other misuse, where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of any person or third party, or violations of our terms or this Privacy Notice;
- Related to the administration of our general business, accounting, auditing, compliance, recordkeeping, hiring and legal functions; and
- Other purposes that may be disclosed to you or that you consent to as permitted by law.
Disclosures and Transfers of Personal Information
We may disclose Personal Information to service providers, affiliated entities, business customers, third party partners, other users, chatbot providers, analytics providers, social media platforms, professional advisors, authorities, or relevant participants in business transactions (or potential transactions) under the following circumstances:
- We have your permission to make the disclosure;
- The disclosure is necessary for the purpose for which the Personal Information was obtained;
- The disclosure is to our credit card service provider in order to fulfill and carry out the purchase and provision of the Services requested by you;
- The disclosure is permitted or required by relevant law;
- The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
- The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
- The disclosure is for our own marketing and analytics purposes, or for third parties’ marketing and analytics purposes;
- The party to whom the disclosure is made controls, is controlled by, or is under common control with CallRail;
- The disclosure is posted to our Community page;
- The disclosure is to the business customer that we collected the Personal Information on behalf of or the disclosure is otherwise directed by the business customer;
- The disclosure is related to your use of the social media features on our Sites, such as the Facebook, LinkedIn, X, or Instagram widgets. These features may collect electronic and other internet activity information, such as your IP address and which page you are visiting on our website or mobile application. These widgets may set a cookie or utilize other tracking technologies to accomplish this. Social media features and widgets are hosted by a third party and your interactions with those features are governed by the privacy policies of the companies that provide them;
- The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena, or government request, or in connection with litigation;
- The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of the CallRail Terms of Service or other contracts, even without a subpoena, warrant or court order; or
- The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, providing marketing assistance, and data analysis, including our service providers that may be outside the country or jurisdiction in which you reside.
Opting Out of CallRail Marketing in the United States
You may opt out of being contacted by us, or receiving such information from us, at any time by sending an email to privacy@callrail.com. Current customers can either send an email to privacy@callrail.com or submit a ticket through https://support.callrail.com. You may be able to stop receiving some marketing communications, such as emails, by updating your preferences (available at: view.callrail.com/Subscription-Preferences-Center.html) as to which type of communications you'd like to receive from us. If you do not wish to be contacted via text, reply stop to a text message from us. There may be exceptions to fulfilling your request as outlined in this Notice, such as for communications to our business customers that are important for the use of our Services.
We may also email you information regarding updates to the Services and to send information regarding CallRail, such as promotions, contests and events. You can opt out of receiving any marketing communications by emailing privacy@callrail.com at the time it is distributed, or at the time any individual registers for the Service.
If, at any time after registering for information or ordering the Service, you change your mind about receiving information from us, send us a request specifying your new choice. Simply send your request toprivacy@callrail.com.
Opting In to CallRail Marketing for Non-US Customers
If you're a business customer or prospect outside the US, you may need to provide us with your express consent to being contacted by us, or receiving such information from us when you register to use the Services by selecting to opt in. This consent may be necessary in order to receive information regarding updates to the Services and for us to send you information regarding CallRail, such as promotions, contests and events.
You can revoke your consent at any time to stop receiving any communication by emailing privacy@callrail.com or using the “unsubscribe” option provided in our marketing messages.
If, at any time after registering for information or ordering the Service, you change your mind about receiving information from us send us a request specifying your new choice. Simply send your request to privacy@callrail.com.
Third-Party Sites
The Site contains links to third-party websites or features. Any access to and use of such linked websites or features is not governed by this Privacy Notice, and CallRail is not responsible for the privacy practices or the content of these other websites. You will need to check the policy statements of these other websites to understand their policies including how they process Personal Information.
California Notice at Collection and Privacy Policy
This part of our Privacy Notice describes how we collect and process the Personal Information we collect as a “business” pursuant to the California Consumer Privacy Act and the regulations issued thereto, each as amended (“CCPA”) and applies to consumers who reside in California. If this section differs from other terms in this Privacy Notice, this section governs for California consumers only. This Section does not address or apply to our handling of Personal Information that is exempt under the CCPA, such as publicly available information or de-identified or aggregated information.
When we collect Personal Information as a service provider on behalf of business customers, we process Personal Information in accordance with our contract with them and their privacy policy will apply.
Personal Information Collected
Generally, we collect the following categories of Personal Information as more fully described in the “Collection of Personal Information” section above:
- Identifiers such as name, address, email address, phone number, unique personal identifiers, online identifiers, IP address, other similar identifiers.
- Customer Records such as your account and profile information and customer records that contain Personal Information, such as name and contact information.
- Commercial information, including information about orders or purchases of any of our products or Services purchased, obtained, or considered; registration information, specials, and information you provide or submit to us when you participate in any event, program, survey or other promotion that we may offer from time to time.
- Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with our Sites, advertisements that we display on our Sites or on third party sites and apps, or accounts on third-party social media platforms and other usage data related to your use of our Sites.
- Geolocation data such as information about a particular device or individual.
- Audio, Electronic, Visual, or Similar Information from calls placed with customer service and accounting centers which may be recorded, recorded meetings and webinars, videos, and photographs.
- Inferences drawn from (1) the Personal Information we collect when you visit our Sites, tools, widgets and plug-ins, (2) Persona; Information we collect, including through third-party suppliers, regarding content and other data posted on the internet (such as public locations on the internet), and (3) Personal Information about consumer preferences and behaviors that we collect on our business customer’s websites or purchase from third parties in order to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.
Disclosure of Personal Information to Third Parties for a Business or Commercial Purpose
We may disclose identifiers; customer records; commercial information; internet and other electronic activity information; geolocation data; audio, electronic, visual or similar information; and inferences to the following third parties for a business or commercial purpose: advertising networks, internet service providers, data analytics providers, government entities, operating systems and platforms, social networks, and data brokers.
Sale and Sharing of Personal Information
The CCPA defines “sale” as disclosing or making available Personal Information to a third-party in exchange for monetary or other valuable consideration, and “sharing” includes disclosing or making available Personal Information to a third-party for purposes of cross-contextual behavioral advertising. While we do not disclose Personal Information to third parties in exchange for monetary compensation, we may “sell” or “share” the following categories of Personal Information: identifiers; commercial information; and Internet and network activity information. We may disclose these categories to third-party advertising networks, analytics providers, business customers, and social networks for purposes of marketing and advertising and to improve and measure our ad campaigns.
We do not sell or share Sensitive Personal Information, nor do we sell or share Personal Information about individuals we know are under age sixteen (16).
Sources of Personal Information
We generally collect Personal Information from the following categories of sources: directly or indirectly from you, advertising networks, internet service providers, business customers, data analytics providers, government entities, operating systems and platforms, social networks, and data brokers.
Purposes of Collection, Use, and Disclosure
As further described in the “How We Use Your Personal Information” section above, we may collect, use, disclose, and otherwise process the above listed Personal Information for the following business or commercial purposes and as otherwise directed or consented to by you: Services and support; relationship management; sweepstakes, contests, and promotions; analytics and improvement; customization and personalization; marketing, advertising and public relations; research, surveys, and product development; security and protection of rights; legal proceedings and obligations; general business and operational support.
Retention
We retain the Personal Information that we collect only as reasonably necessary for the purposes described above or as otherwise disclosed to you at the time of collection. For example, we will retain your account information for as long as you have an active account with us and additional information as necessary to comply with our tax, accounting, and recordkeeping obligations, to provide you with the Services you have requested, as well as an additional period of time as necessary to protect, defend, or establish our rights, defend against potential claims, and comply with our legal obligations. In some cases, rather than delete your Personal Information, we may deidentify or aggregate it and use it in compliance with the CCPA.
Your California Privacy Rights Under CCPA
If you are a California resident, CCPA provides you the following rights, subject to certain limitations. Where we are acting as a service provider to our business customers in our processing of your Personal Information, we may refer requests to our business customers.
- Know/Access. The right to know what Personal Information we have collected about you, including the categories of Personal Information, the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing Personal Information, the categories of third parties to whom we disclose Personal Information, and the specific pieces of Personal Information we have collected about you.
- Correct. The right to correct inaccurate Personal Information that we maintain about you.
- Delete. The right to delete your Personal Information that we have collected, subject to certain exceptions.
- Opt Out of Sales and Sharing. The right to opt-out of our sale and sharing of your Personal Information. To opt out of sale/sharing, you may adjust your cookie settings here. If you visit our Sites that are able to detect when your browser is transmitting an opt-out preference signal, such as a “global privacy control” (GPC) signal, we will opt that particular browser on your device out of targeting cookies for purposes of that Site. If you come to that Site from a different device or from a different browser on the same device, you will need to apply GPC for that browser and/or device as well. To enable GPC, you can visit the Global Privacy Control page at https://globalprivacycontrol.org.
- Limit Certain Uses and Disclosures of Sensitive Personal Information. We only use and disclose Sensitive Personal Information for purposes authorized under the CCPA; therefore, this right is not available to California residents.
- Non-discrimination. The right not to be subject to discriminatory treatment for exercising your rights under the CCPA.
Requests to Exercise Your Rights
You may request to exercise the foregoing rights by:
- California consumers can submit a request to privacy@callrail.com or call CallRail Support at +1 (877) 857-2713
- Current customers that have an account with us can make their request by:
- Logging in to your account and submitting a request
- Submitting a ticket through https://support.callrail.com/
Verification. When you submit a request, we will take steps to verify your identity and request by matching the information provided by you with the information we have in our records. In some cases, we may request additional information in order to verify your identity, or where necessary to process your request. If we are unable to verify your identity after a good faith attempt, we may deny the request and, if so, will explain the basis for denial.
You may also designate someone as an authorized agent to submit requests and act on your behalf. Authorized agents will be required to provide proof of their authorization and we may also require the relevant consumer to directly verify the identity and the authority of the authorized agent.
Your Rights if You Are an EU, UK or Swiss Data Subject
This section applies if you are an EU, UK or Swiss data subject (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway and, where applicable, Switzerland). The term “Personal Information” as used in this Privacy Notice means “personal data” as defined under Regulation (EU) 2016/679 (General Data Protection Regulation, or “GDPR”).
Under GDPR, CallRail is both a “Controller” and a “Processor”. CallRail is the Controller of Personal Information you provide to us about yourself as a customer or when requesting information about our products and services. For data you provide to CallRail or request that we collect as part of using our Services, including but not limited to the Personal Information we collect on behalf of our customers, we are a Processor for our customers, who are the Controllers that determine the purposes and means of the processing of your Personal Information by CallRail.
CallRail is based in the USA. Personal information and data processed by CallRail is transferred to our servers in the USA. When transferred, we take all reasonable steps to protect your Personal Information, including encryption during data transit and storage. For more information, see “International Data Transfers” below.
How We Use EU Personal Information
For data for which we are the Controller, we collect and use your Personal Information to respond to your enquiries or provide the products and services that you have purchased or take steps to purchase from CallRail, as described previously.
For data for which we are the Processor, we do not transfer Personal Information to third parties except to the companies on our list of sub-processors, and then only in order to provide the services requested by our customer. When we are acting as a Processor for a customer, you should contact the customer (as Controller) with any questions you may have about how your Personal Information is being used. If you contact us directly when we are acting as a Processor, we may refer your request to the appropriate customer who is the Controller of your Personal Information. If concerns remain, you may contact our Privacy Team as directed in the “How To Contact Us” section below.
We rely on the following legal bases for processing your Personal Information:
- Processing of your Personal Information based on your consent for such processing. You have the right to withdraw your consent, as further described below.
- Processing of your Personal Information that you provide to us (such as your name, email address, postal address, telephone number, company name and role) when you request information about the CallRail Services or when you otherwise send inquiries about our Services and processing of this data is necessary to respond to or implement your request prior to entering into a contract with us or a Controller that is using our Services.
- We use account-related data to set up accounts for users in the Services and to administer and support those accounts (such as usernames, email address and billing information), provide you with access to the Services, contact you regarding your use of the Services or to notify you of important changes to the Services. Such use is necessary for the performance of the contract between you and our customers, or, where you are our customer, between you and CallRail.
- We may send you information by email or through other electronic communications on our new products or services or other promotions if you consent to receiving them. If you have not opted-in to these marketing emails, we do this either because we are relying on an exception to opt-in requirements or because of our legitimate interest to promote the success of our business.
- Our use of data relating to your use of the Sites and/or the Services, described above, is necessary for our legitimate interests in understanding how the Sites and the Services are being used by you, to improve your experience on it and our Service offerings.
- We also have a legitimate interest in aggregating and/or anonymizing or de-identifying the information that we collect through our Sites and/or the Services and using this information for our business purposes, as described above.
- When we process your Personal Information for our legitimate interests, we make sure to consider and balance any potential impact on you, and your rights under data protection laws. Our legitimate business interests do not automatically override your interests — we will not use your Personal Information for activities where our interests are overridden by the impact on you, unless we have your consent for our processing activities or those activities are otherwise required or permitted by law. You have the right to object to processing that is based on our legitimate interests, as further described below.
Rights of EU, UK and Swiss Data Subjects
Subject to applicable law and reasonable steps that we may take to verify your identity with respect to your requests, you have the following rights in relation to your Personal Information. As noted above, where we are acting as a processor for our customer, we may refer your requests to our customer for response.
- Right of access: If you ask us, we will confirm whether we are processing your Personal Information and, if so, provide you with a copy of that Personal Information (along with certain other details). If you require additional copies, we may need to charge a reasonable fee.
- Right to rectification: If your Personal Information that we control is inaccurate or incomplete, you are entitled to have it rectified or completed. Note that we may not be able to rectify data obtained from a third party such as a governmental agency or other data that we do not control, and you will need to contact that third party directly. If we have shared your Personal Information with others, we will tell them about the rectification where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Information so that you can contact them directly.
- Right to erasure: You may ask us to delete or remove your Personal Information and we will do so in some circumstances, such as where we no longer need it (we may not delete your data when other interests outweigh your right to deletion, for example if we are required by law to keep it). If we have shared your Personal Information with others, we will tell them about the erasure where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Information so that you can contact them directly.
- Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Information in certain circumstances, such as where you contest the accuracy of that Personal Information or object to us processing it. We will tell you before we lift any restriction on processing. If we have shared your Personal Information with others, we will tell them about the restriction where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Information so that you can contact them directly.
- Right to data portability: You have the right to obtain your Personal Information from us that you consented to give us or that is necessary to perform a contract with you, to the extent it is available. We will give you your Personal Information in a reasonable format given the nature of the information requested and complexity of providing it.
- Right to object: You may ask us at any time to stop processing your Personal Information, and we will do so if we are processing your Personal Information for the Services, for direct marketing, or otherwise. However, if we are relying on a legitimate interest to process your Personal Information and we demonstrate compelling legitimate grounds for the processing we may continue; or you may exercise your rights by contacting us as directed in the “How To Contact Us” section below. Note you will be asked to verify your identity when submitting a request.
- Rights in relation to automated decision-making and profiling: You have the right to be free from decisions that we make based solely on automated processing of your Personal Information, including profiling, which produce a significant legal effect on you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us, or with your explicit consent.
- Right to withdraw consent: If we rely on your consent to process your Personal Information, you have the right to withdraw that consent at any time. Your withdrawal of consent will not apply to or affect prior processing of data that was processed prior to our receipt of your withdrawal of consent.
- Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we have handled your Personal Information, you can report it to the data protection authority that is authorized to hear those concerns.
If you have an account with us, we may instruct you to exercise some of your rights above through account settings or features, or by deleting your account.
Data Subjects may contact us as directed in the “How to Contact Us” section below.
International Data Transfers
Visiting our Site and Using our Services from Outside of the United States
Our Site and Services are hosted and managed in the USA, so the Personal Information we process will be transferred to and processed in the USA. The USA may have data protection laws that are different than the laws of your country, but we have taken appropriate safeguards to require that your Personal Information will remain protected in accordance with this Privacy Notice. In particular, regarding the transfer to and processing in the United States of Personal Information from the European Economic Area (EEA) member countries, the United Kingdom (UK) and Switzerland, CallRail and its business customers generally rely on the Standard Contractual Clauses (SCCs) to help safeguard such Personal Information and as our lawful transfer mechanism under GDPR.
CallRail commits to resolve complaints about your privacy and our collection or use of your Personal Information. European Union, UK or Swiss individuals with inquiries or complaints regarding this Privacy Notice are encouraged to first contact CallRail at the contact information provided in the “How to Contact Us” section below. You may refer any unresolved privacy or data use concern that we have not addressed satisfactorily to your local data protection authority, and we will work with them to resolve your concern.
When CallRail transfers Personal Information about EU, UK or Swiss individuals to other third parties, it will do so in accordance with the requirements of GDPR applicable to such transfers, including for onward transfers of Personal Information to third parties in other countries that are not covered by an adequacy decision, such as the USA. In these cases, CallRail is potentially liable if such third parties do not provide the same level of protection as GDPR.
Retention of EU Data
For information on our data retention practices, see the “Data Retention and Destruction” section below, which applies to Personal Information of EU data subjects.
Do Not Track
Currently, our systems do not recognize “Do-Not-Track” requests. You may, however, disable certain tracking by disabling cookies, enabling Global Privacy Control (“GPC”) in certain jurisdictions, or by opt outing of targeted advertising by following the instructions in the “Third-Party Advertising Services” section.
Cookies and Advertising Technologies
We and third-party providers use cookies and similar tracking mechanisms to track your use of our Site. When you visit our Site, other websites where we advertise CallRail’s offerings, or the websites of our business customers, we may collect data about your online activities. We use this data to support our own or our business customers’ advertising efforts and to provide some of our Services to our business customers. To collect this data, we use cookies and other advertising technologies, which may be deployed on our Site, our business customers’ websites, and on other websites where we or our business customers advertise. These cookies and other technologies can be either our own or provided by third party providers.
This section provides additional information about the various technologies that CallRail uses to manage the CallRail Sites and to deliver ads to you and Services to our business customers, including services that collect information when you interact with our business customers by phone or on their websites.
Cookies
We use cookies to provide functionality to our Sites and also to deliver our Services to our business customers. A cookie is a small text file that can be stored on your computer or device when you visit a website, view an advertisement, or interact with an online service. Cookies are used to remember information about you, such as the time you visited a website, your IP address, your browser type, the pages you visit, items you have placed in your shopping cart, and how long you stay on a webpage. Cookies and other tracking technologies can also be used to assist you in navigation, to register for events, login, and provide feedback; to analyze use of the Services or applications; and to assist with advertising and marketing efforts (including behavioral advertising).
A common use of cookies on behalf of our business customers is to associate your phone call data with your browsing activity on the business customer’s website; our use of this technology is governed by our contract with our business customers.
Cookies and technologies deployed through our Services
If a CallRail business customer elects to use our JavaScript tool on the business customer’s website, it will allow the business customer’s website to use certain functionality offered by CallRail through the Services, such as the ability to associate your calls with the business customer and your activity on the business customer’s website. The specific functionality employed on a business customer’s website depends on the particular features of the Services that the business customer chooses to use. You should therefore review the relevant business customer’s privacy notice and cookie disclosures for further information about the specific types of cookies and other tracking technologies used on the business customer’s website and for instructions on how to opt-out or manage your preferences regarding these features.
Third Party Advertising Services
We and third parties such as advertising networks, ad exchanges, and analytics providers may serve, optimize and measure the performance of our advertisements across the internet and mobile applications. You may see our ads on other websites because these third parties’ services may track your online activities across multiple websites, online services and mobile applications over time by collecting information through automated means, such as cookies, and they use this information to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements too many times; and (c) understand the usefulness to you of the advertisements that have been delivered to you.
These third party tracking technologies are not controlled by us, even if they use our technology to help store or collect data. Except for the disclosures about third parties, statements in this Notice regarding our privacy practices do not apply to the methods for collecting information used by these third-party providers and others or the use of the information that such third parties collect.
The relevant third parties’ terms of service, privacy policies, permissions, notices and choices should be reviewed regarding their collection, storage and sharing practices. We make no representations regarding the policies or practices of third-party advertisers or providers of tracking technologies or related third parties. You may wish to visit http://www.networkadvertising.org/choices, which provides information regarding this practice by Network Advertising Initiative (“NAI”) members, and your choices regarding having this information used by these companies, including the “opt-out” procedures of NAI members.
You may also be able to opt-out of receiving interest-based ads from participating third party ad networks by visiting the Digital Advertising Alliance (“DAA”) website at http://www.aboutads.info/choices/control, the Digital Advertising Alliance of Canada (“DAAC”) at https://youradchoices.ca/en/tools, or the European Digital Advertising Alliance (“EDAA”) website at www.youronlinechoices.com. Similar limitations may apply to the opt-outs provided by these organizations. We are not responsible for effectiveness of or compliance with any third-parties’ opt-out options.
Opting out of these organizations only means that those members no longer will be allowed under their own rules to deliver targeted content and/or ads to you, which will affect this and other sites, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit their opt-out pages, or you subsequently erase your cookies, use a different device or change web browsers, your opt-outs may not, or may no longer, be effective. Additional information is available on each organization's website accessible by the above links.
Log Files
Like most websites and online services providers, we gather certain information when you visit or interact with our Sites and on our business customers’ behalf when you interact with them via our Services. This information is collected automatically and stored in log files. It includes IP addresses, User Agent, URLs visited on our business customers’ websites, and other data that may be accessible through the JavaScript code installed on the business customers’ websites.
Pixel Tags
Pixel tags (sometimes called web beacons or clear GIFs) are tiny graphics with a unique identifier, similar in function to cookies. While cookies are stored locally on your device, pixel tags are embedded invisibly within web pages and online content. We may use these, in connection with our Sites and Services to, among other things, track the activities of users, help us manage content and compile usage statistics. We may also use these in HTML e-mails we send, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.
Google Analytics
We use third party tools, such as Google Analytics, to evaluate usage of our Site and to help us improve performance and user experiences. These third-party tools may use cookies and other tracking technologies, such as pixel tags, to perform their services. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout
Correcting & Updating Your Personal Information
If you are a CallRail business customer and wish to update your billing information, please log in to your account and click on Billing to update your information. Additionally, you can contact CallRail support for more assistance with the Personal Information in your account: https://support.callrail.com/. To discontinue the Service, please submit a request with CallRail support.
Data Retention and Destruction
We will retain Personal Information for the period necessary to provide our Services or fulfill the purposes for which it was collected, or as otherwise required by our contracts or by law.
When determining how long we should keep data, we consider the length of time we will have a relationship with you and our business customers to whom we provide our Services, whether there is a legal obligation that would require us to keep the information for a specified period of time, the reasons why we process your data, and the risk of harm from unauthorized use or disclosure of your Personal Information.
We may also de-identify Personal Information for research or analytical purposes so that it is no longer associated with you. If data is aggregated or de-identified, we may use this data for as long as we have a legitimate business purpose for such use or as permitted by law.
Where we hold and process Personal Information for a business customer as part of our Services, our retention or deletion of data will be subject to that business customer’s instructions and the agreement we have with them.
Security
We employ a number of measures designed to protect the Personal Information we collect. While we implement these and other measures on our sites, please note that 100% security is not always possible. We cannot guarantee that the security measures we have in place to safeguard Personal Information will never be defeated or fail, or that those measures will always be sufficient or effective.
There are also certain steps you can take to better protect against unauthorized access to your Personal Information. For example, you should choose a strong password that is unique and do not reuse passwords across multiple sites and services or share your password with others.
Children’s Privacy
We provide a general audience Site. Our Services and Sites are not directed to children and we do not knowingly collect or receive Personal Information from them. If you believe that we have received Personal Information from a child in violation of applicable law, please contact us as directed in the “How To Contact Us” section below.
Social Media Platforms and Websites
Any information, communications, or material of any type or nature that you submit to any CallRail pages or sites contained on a social media platform or website such as Facebook or X, by email, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”), is done at your own risk and without any expectation of privacy. CallRail cannot control the actions of other users of any social media platform or website and we are therefore not responsible for any content or Submissions contained on such sites and platforms. By visiting any of our pages or Sites that are contained on a social media platform or website, you are representing and warranting to CallRail that you have reviewed the applicable privacy policy and terms of use of such platform or website and that you will abide by all such provisions contained therein.
Additionally, in the event that any one of the Sites offers a message board or any other interactive or social-type feature on a Site administered directly by us, please be aware that these areas may allow you to publicly post, and share with other users, certain messages, content, or other information (e.g., stories, pictures, ingredients, tips, etc.). We encourage you to be wary of giving out any Personal Information in such public forums. The information you post can be collected and used by people you don’t know. We cannot guarantee the privacy and safety of these areas and are therefore not responsible for any information you choose to post. Your use of these features is fully at your own risk.
Updates and Notice of Material Change in the Use of Your Personal Information
We may update this Privacy Notice from time-to-time in our sole discretion. It is your responsibility to review this Privacy Notice for any changes each time that you use the Sites and Services.
How to Contact Us
If you have any questions about this Privacy Notice, please contact us by emailing privacy@callrail.com. You can also write to us at CallRail Inc., 100 Peachtree Street Suite 2700 Atlanta GA, 30303, Attention: Privacy, or contact us by phone at +1 877-857-2713.
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