Privacy Policy
Effective Date: November 2, 2021
Updated: August 14, 2023
Phonon X, Inc. ("us", "we", or "our") operates the https://phononx.com website and the Carbon Voice mobile, web and desktop applications (hereinafter referred to as the "Services").
This Privacy Policy describes how Phonon X and the Services collect, use, and disclose information associated with an identified or identifiable individual (hereinafter referred to as “Personal Data”) when you use our Service and the choices you have associated with that data.
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.
Service
Service means the https://phononx.com website and the Phonon X mobile and web applications operated by Phonon X, Inc.
Definitions
Account Data
To create an account, you or our Customer will supply Phonon X with an email address phone number, password, domain and/or other account set up details. In addition, Users and Customers that purchase a paid version of any of the Services provide Phonon X with billing details such as credit card information, banking information, and/or a billing address
Personal Data
Personally identifiable information that can be used to contact or identify you.
Individual Data
Individual Data means data (such as messages, files or other content submitted through Services accounts) submitted by an individual outside of a Customer owned workspace.
Customer Data
Customers or individuals granted access to a Workspace by a Customer (“Authorized Users”) routinely submit Customer Data (such as messages, files or other content submitted through Services accounts) to Phonon X when using the Services.
Usage Data
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies
Cookies are small files stored on your device (computer or mobile device).
Data Controller
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, you are a Data Controller of your Individual Data. However, Customer (or Workspace Owner) controls any data submitted to or within a workspace.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
For the purpose of this Privacy Policy, Phonon X is a Data Processor of your Data. As such, Phonon X may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal User Data and/or Customer Data. For the purpose of this Privacy Policy, you are a Data Subject.
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
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Email address
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Telephone number
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First name and last name
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Cookies and Usage Data
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Contacts Data
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Device and hardware information
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Geolocation information
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User Communications (Including but not limited to messages and other user-created content)
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
Types Of Information and Data Collected
Services and Log Data
Information Collection And Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Usage Data
We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data").
This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access the Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
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Session Cookies. We use Session Cookies to operate our Service.
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Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
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Security Cookies. We use Security Cookies for security purposes
Contacts
To provide you an opportunity to automatically connect with your contacts, we may, with your permission, access and store on our servers Personal Information regarding your contacts, including their names, email addresses, phone numbers, profile image, geographic location and Google, Facebook, etc. IDs. In addition, when you invite contacts to use our Products, we will access your address book so you can facilitate the invitation. If you send invitations to your contacts, you represent that all such contacts have consented to receive SMS from you. To better match you with your most important contacts, with your permission, we may also access and store your call and SMS log information from your device.
We designed Carbon Voice to make it easy for you to find and connect and communicate with others. For this reason, your name and profile picture may be publicly shared and other users will be able to see your name and profile picture once you register. Other users may also provide us with contact information they have about you, such as your email address, phone number or your name, which we use to determine if you use Carbon Voice Service. If you are already using Carbon Voice Service, then we may share your name with others so that they can communicate with you by choosing your name off of a list of users available via our Products.
User Communications Content
Currently we do retain your messages in the ordinary course of providing our Service to you. Messages and content you create and transmit will be stored on your device, recipients’ device, and on our servers. Even if you remove this content from your device or account, copies of this User Communications Content will remain viewable on the devices of Third-Party users with whom you have communicated and will be stored on our servers for a period of time.
Use of Data and Information
Phonon X, Inc. may use the data collected for the following purposes:
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To provide and maintain our Service
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To send service emails and other communications
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To allow you to participate in interactive features of our Service when you choose to do so
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To provide customer support and respond to your requests, comments and questions
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For billing, account management and other administrative matters
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To gather analysis or valuable information so that we can improve our Service
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To monitor the usage of our Service
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To investigate and help prevent security issues and abuse
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To detect, prevent and address technical issues
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To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
Legal Basis For Processing Personal Data Under The General Data Protection Regulation (GDPR)
If you are from the European Economic Area (EEA), Phonon X, Inc.’s legal basis for collecting and using the personal information described in this Privacy Policy depends on the Data we collect and the specific context in which we collect it.
Phonon X, Inc. may process your Data because:
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We need to perform a contract with you
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You have given us permission to do so
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The processing is in our legitimate interests and it is not overridden by your rights
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For payment processing purposes
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To comply with the law
Retention Of Data
Phonon X, Inc. will retain your Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.
Phonon X, Inc. will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.
Transfer Of Data
Your information, including Personal Data, 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 from those of your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Phonon X, Inc. will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Business Transaction
If Phonon X, Inc. is involved in a merger, acquisition or asset sale, your Data may be transferred. We will provide notice before your Data is transferred and becomes subject to a different Privacy Policy.
Disclosure Of Data
Disclosure For Law Enforcement
Under certain circumstances, Phonon X, Inc. may be required to disclose your Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Data, we cannot guarantee its absolute security.
Security Of Data
Legal Requirements
Service
Your Data Protection Rights Under The General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Phonon X, Inc. aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
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The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
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The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
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The right to object. You have the right to object to our processing of your Personal Data.
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The right of restriction. You have the right to request that we restrict the processing of your personal information.
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The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
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The right to withdraw consent. You also have the right to withdraw your consent at any time where Phonon X, Inc. relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
Service Providers
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Security Of Data
Use of OpenAI Services
Carbon Voice uses OpenAI's technologies, including but not limited to Chat GPT, to power certain functionalities within our service. As part of this integration:
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Data Processing: User inputs may be transmitted to OpenAI for processing. The data sent to OpenAI is used solely for the purpose of generating responses and providing the functionalities within our service.
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Anonymization: Before transmitting data to OpenAI, we take measures to remove or anonymize personal or sensitive information to protect your privacy.
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Compliance with OpenAI's Policies: Our use of OpenAI's technologies is governed by OpenAI's Terms of Service and Privacy Policy, which you can review on their website. By using our service, you agree to the applicable terms of OpenAI.
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Retention and Security: OpenAI may retain and handle the data in accordance with their own policies and practices. We encourage you to review OpenAI's Privacy Policy to understand their data retention and security measures.
By using our service, you consent to the processing of your data by OpenAI in accordance with this policy. If you have any questions about how we use OpenAI's services, please contact us.
Firebase
Firebase is an analytics service provided by Google Inc. You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy.
Amplitude
Amplitude is a service provided by Amplitude, Inc. You may opt-out of certain Amplitude features by contacting us. See their Privacy Policy.
Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Links To Other Sites
Segment.io
Segment.io is a service provided by Segment.io, Inc. You may opt-out of certain Segment.io features by contacting us. See their Privacy Policy.
We do not not allow use of our Services by anyone younger than 16 years old, to the extent prohibited by applicable law. If you learn that anyone younger than 16 has unlawfully provided us with personal data, please contact us and we will take steps to delete such information.
Age Limitations
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.