Privacy @PhoneTAXX
Last Revised: December 3, 2021
COMPANY PRINCIPLES
PhoneTAXX, Inc. (publishers of PhoneTAXX app) respects your privacy and takes safeguarding your data privacy and security seriously. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use PhoneTAXX.
We recognize the importance of protecting personally identifiable information (also known as “PII”) collected about you and other Users to our website and mobile application services while delivering the call log tracking you deserve. PhoneTAXX recognizes that using our service is a choice you make, and you can change your mind at any time. If you need assistance with cancelling your subscription or deleting your account, please reach out to admin@phonetaxx.com.
This Policy applies to the Service, which includes the PhoneTAXX mobile application, the website located at www.phonetaxx.com, its subdomains, and all of the websites and internet properties owned or operated by us, regardless of the medium by which the Site is accessed by Users (e.g., via a web or mobile browser).
Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into the Terms of Use. Please be advised the mobile application or website is hosted on cloud hosting. If you access the mobile application or website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, and you expressly consent to have your data transferred to and processed in the United States.
HOW THE APPLICATION WORKS
When you create an account, the onboarding screens provide guidance around collecting location data and optimizing your device for call detection. The app runs in the background to read and track your call log based on the call history of your mobile device, so there is no need to press a start or stop button. You can classify calls as 'business' or 'personal' (or delete them altogether) from the mobile app. When you need to share reports, whether it's for taxes, employer reimbursement or other records, you can create a report and share it by email via the export function in the upper left hand corner of the Home screen of the app.
Automatic call detection is dependent on factors you control (such as location services and battery usage) as well as factors outside of your control (such as cellular service reception). Best practices include enabling location services, avoiding force-quitting the app or pausing call detection, staying up-to-date with the latest OS on your device, optimizing low battery settings and staying logged in to the app. You can learn more about call detection best practices and how to avoid missed opportunities to classify at the PhoneTAXX Help Center.
WHAT DATA IS COLLECTED
While you must input an email address and password to create an account and use PhoneTAXX, providing the following information is mandatory:
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User-related:
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Personal Information (Name, Email, Business Name, Employee Identification Number (EIN), NAICS code, City-State Location)
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While you must input an email address and password to create an account and use PhoneTAXX, providing the following information is optional:
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Call-related:
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Autoclassification rules
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Other:
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Subscription and payment information (via Google Play, iTunes, or Stripe on the PhoneTAXX website)
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Emails to Customer Success Team (admin@phonetaxx.com)
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We do not offer our Service or promote the Service to, nor do we intentionally collect or retain PII from, children who are younger than 13 years of age. If we discover that we have inadvertently collected information from a child under 13 years of age, we will promptly take all reasonable measures to delete such information from our systems.
HOW WE USE INFORMATION
We may use Users’ PII for various general, lawful purposes to help enhance their experience. These purposes include:
Lawful Purposes: (i) as necessary for the performance of our contract with Users (such as our Terms of Use), (ii) for our legitimate interests, so long as they are not overridden by Users’ own rights and interests, or (iii) as required by law. These purposes include:
Direct Marketing: We may use your PII to send you promotional materials. You have the right to opt-out of receiving direct marketing.
Customer Service and User Communications: We may use your PII to help us respond to your inquiries, questions, requests, and support needs more efficiently.
User Experience Personalization: We may use Users’ PII and/or deidentified Information in the aggregate to analyze Users’ browsing and usage activities and patterns in order to understand Users’ interests and preferences with respect to the Service and our services. This will help us optimize your experience on the Service.
Business Optimization: We may use your PII and/or deidentified Information to improve the content on our web pages, to customize the content and layout of our web pages, and in managing our everyday business needs. We may also use your feedback to improve the Service and our other products and services. All of this is done with the intention of making the Service more useful for you.
Company will not collect additional categories of PII or use PII we collect for materially different, unrelated, or incompatible purposes without providing you notice.
Sensitive Permissions: Sensitive user or device data accessed through Restricted Permissions (i.e., call log reading functionality), may only be transferred to third parties if necessary to provide or improve current features in the app. We limit our access, collection, use, and sharing of your personal and sensitive user data acquired through the app to those purposes.
HOW WE DISCLOSE INFORMATION
We may disclose Users’ PII to third parties as described below. Otherwise, we do not sell PII and will not disclose Users’ PII to third parties without your permission.
To Our Affiliates: We will not disclose your PII to any affiliates.
To Service Providers and Trusted Third Parties: We may disclose your PII to third party service providers and trusted third parties (including sponsors and marketing partners) that assist us in providing user support, communicating with Users, and promoting our services, as well as third party service providers that provide other services to us relating to our services and/or the Service. The Services use the Microsoft Bing Maps Platform.
Law Enforcement, Safety, and Legal Processes: We may disclose your PII to law enforcement or other government officials if it relates to a criminal investigation or alleged criminal activity. We may also disclose your PII: (i) if required or permitted to do so by law; (ii) for fraud protection and credit risk reduction purposes; (iii) in the good-faith belief that such action is necessary to protect our rights, interests, or property; (iv) in the good-faith belief that such action is necessary to protect your safety or the safety of others; or (v) to comply with a judicial proceeding, court order, subpoena, or other similar legal or administrative process.
Sale or Acquisition of Assets: If we become involved in a transaction involving the sale of our assets, such as a merger or acquisition, or if we are transferred to another company, we may disclose and/or transfer your PII as part of the transaction. If the surviving entity in that transaction is not us, the surviving company may use your PII pursuant to its own privacy policies, and those policies may be different from this Policy. We may transfer data as necessary to comply with applicable law or as part of a merger, acquisition, or sale of assets only with legally adequate notice to users. No other transfers or sales of user data will occur and strictly prohibited by company policy.
Security
The security and confidentiality of your PII is very important to us. We use commercially reasonable security measures to protect your PII on the Service. We use a runtime permissions request whenever available, prior to accessing data gated by Android and iOS permissions. We handle all personal and sensitive user data securely, including transmitting it using modern cryptography (for example, over HTTPS). However, no data transmitted over or accessible through the internet can be guaranteed to be 100% secure. As a result, while we attempt to protect your PII, we cannot guarantee or warrant that your PII will be completely secure (i) from misappropriation by hackers or from other nefarious or criminal activities, or (ii) in the event of a failure of computer hardware, software, or a telecommunications networks.
If you choose to report and share your call data with a third party, it is no longer under our control or subject to our data security. This includes choosing to report via integrations on the web dashboard with Concur, Freshbooks and Xero, sending a report via email or any time a report is downloaded.
Legal Rights
If you are a data subject located in the European Economic Area (“EEA”), the GDPR grants you certain data privacy rights. Your rights include the:
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Right to Access: You have the right to request a copy of your PII.
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Right to Rectification: You have the right to request that we correct any mistakes in your PII.
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Right to Erasure: You have the right request that we delete your PII.
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Right to Restrict Processing: You have the right to restrict processing of your PII.
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Right to Object to Processing: You have the right to object to our processing of your PII.
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Right to Data Portability: You have the right to receive your PII in a structured, commonly used and machine-readable format.
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Right to Not be Subject to Automated Individual Decision Making: You have the right not to be subject to a decision based solely on automated processing.
To exercise your rights, please contact us at the Contact Information provided below. Please be aware that your rights are limited to the extent permitted by the GDPR.
Withdraw Consent
In the event that we process your PII pursuant to your consent, you have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on said consent before its withdrawal. If you would like to withdraw your consent, please contact us at the Contact Information provided below.
File a Complaint
If you would like to file a complaint with us about our privacy practices, please contact us at the Contact Information provided below. If you are a data subject located in the EEA, the GDPR grants you the right to lodge a complaint with a competent supervisory authority as well. To find a competent supervisory authority, please use the following resource: https://edpb.europa.eu/about-edpb/board/members_en.
California Privacy Rights
California’s “Shine the Light” law permits users of the Application that are California residents to request certain information regarding our disclosure of PII to third parties for their direct marketing purposes. To make such a request, please contact us at the Contact Information provided below.
Under the California Consumer Privacy Act (“CCPA”) signed into law June 28, 2018, and entering into effect January 1, 2020, California residents have certain rights and privileges. These rights include the:
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Right to Know: the right to request disclosure of PII collected or sold.
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Right to Deletion: the right to request deletion of PII collected from you.
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*“Do Not Sell Right”: the right to opt-out of the sale of PII (if applicable).
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Right to Sue for Security Breaches.
*We do not sell your PII to third parties and have no plans to do so in the future.
We reserve the right to ask for information verifying your identity and residency prior to disclosing any information to you or acting on your request. Should we ask for verification, the information you provide to verify your identity and residency will be used only for that purpose, and all copies of this information in our possession will be destroyed when the process is complete. We strive to respond to your request within 45 days of receiving a verifiable consumer request however, we reserve the right to respond within 90 days when reasonably necessary.
Data Storage – International Transfer
Your information, including PII, may be transferred to and maintained on computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside the United States and choose to provide information to us, please note we transfer your information, including PII, to the United States and process it there. Please note the EU has not adopted an adequacy decision with respect to data transfers to the United States; however, we value your privacy and protect your data using reasonable information security practices.
Upon transfer to the United States, any PII would then be subject to United States laws, and may be subject to disclosure to the United State’s government authorities, courts, law enforcement, or regulatory agencies of that country, pursuant to United States laws.
Retention
PhoneTAXX is intended to help you organize your expense reports and deductible expenses, therefore, we will store your call logs for seven (7) years to help you with your tax reporting and audit obligations. You can request deletion of your data at any time by contacting admin@phonetaxx.com.
Do Not Track Disclosure
Some internet browsers may transmit “do-not-track” signals to websites with which the browser communicates. The Service does not currently respond to these “do-not-track” signals.
SPAM
We do not participate in bulk email solicitations that you have not consented to receiving. We do not sell or disclose customer lists or email address lists to unrelated third parties. Except as otherwise provided herein, we do not share PII with any third party advertisers.
Third Party Links
The Service may contain links to other websites or applications (“Linked Sites”) that we do not own. We do not control the collection or use of any information, including PII, which occurs while you visit Linked Sites. Therefore, we make no representations or warranties for—and will not in any way be liable for—any content, products, services, software, or other materials available on Linked Sites, even if one or more pages of the Linked Sites are framed within a page of the Service.
Furthermore, we make no representations or warranties about the privacy policies or practices of the Linked Sites, and the Company is not responsible for the privacy practices of those Linked Sites. We encourage you to be aware of when you leave the Service and read the privacy policies of Linked Services.
Modifications
We reserve the right to update this Policy from time-to-time in our sole discretion. If our privacy practices change materially in the future, we will post an updated version of the privacy policy to the Service. It is your responsibility to review this Policy for any changes each time you use the Service. We will not lessen your rights under this Policy without your explicit consent. If you do not agree with the changes made, we will honor any opt-out requests made after the Effective Date of a new privacy policy.
Accessing, Updating, and Controlling Information
All call logs, classified or unclassified, can be viewed on the mobile app by going to the Main menu and tapping Monthly Summaries. Account and Frequent Numbers deletions can be requested via Customer Success Team at admin@phonetaxx.com. Deletion requests will be honored within 30 days of receipt acknowledgement by our Customer Success Team. Calls, Work Hours, reports, and notes can be deleted via the mobile app and/or web dashboard.
Otherwise, if you ever wish to access, update, change, or delete any other PII, or cancel your user account (if applicable), you may make such changes through your user account or by contacting us at the Contact Information provided below. To help us process your request, please provide sufficient information to allow us to identify you in our records. We reserve the right to ask for additional information verifying your identity prior to disclosing any PII to you. Should we ask for verification, the information you provide will be used only for verification purposes, and all copies of the information will be destroyed when the process is complete.
PhoneTAXX, Inc.
Attn: Privacy Dept
San Diego, CA 92126
If you do not wish to receive update messages and/or direct marketing communications from us, you may opt-out by making such changes through your user account, following any instructions included in the communication, or by contacting us at the Contact Information provided below. To help us process your request, please include sufficient information for us to identify you in our records. Please be aware that although you may opt-out of update messages and/or direct marketing communications, we reserve the right to email you administrative notices regarding the Service, as permitted under the CAN-SPAM Act.
We will make commercially reasonable efforts to respond to opt-out requests, respond to account cancellation requests, and handle requests to access, update, change, or delete PII as quickly as possible.
Contact Information
If you have questions about this Policy or wish to contact us with questions or comments, please contact us at:
PhoneTAXX, Inc.
San Diego, CA 92126
admin@phonetaxx.com.