Data on Call, Inc., (the "Company", "we", "us" or "our") is dedicated to establishing trusting
relationships with our users by respecting their personal identity and by promoting the use of fair
the SmartFax Website, www.smartfax.com
("Site") and all SmartFax
services ("Services") offered now or in the future. For purposes of this policy, "account" is defined
as the account through which you access the Services. We do not share information obtained from users
through our Site or Services with third parties except as otherwise specifically set forth in this
Policy. In this Policy we describe the following:
- What personally identifiable information the Company collects.
- How the Company uses the information and with whom the Company may share users' information.
- What choices are available to users regarding collection, use and distribution of the information.
- What types of security procedures are in place to protect the loss, misuse or alteration of this information to the extent under the Company's control.
- How users can correct any inaccuracies in the information.
- How we will notify you of any changes to this Policy.
- The Company's participation in the Safe Harbor program.
- The Company's data retention practices.
1. Information Collection
The Company collects information from its users at several different points on the Site and through
the Services, both directly from users (including through interactions with Customer Service and
Sales) and through the use of technologies such as cookies, log files and clear gifs.
In order to use the Services, you must first complete the registration process. During registration
you are required to provide contact information such as name, phone number and email address. We use
this registration information to contact you about the Services and other services offered by the
Company for which you have expressed interest or that you might be interested in. We may request or
require that users provide general demographic information (such as income level and gender), so we
can provide a more personalized experience. Paying users must also provide payment information (such
as a credit card number and expiration date). This information is used for billing purposes and to
fill users' orders. If we have trouble processing a user's order and/or collecting payment, the
contact information is used to contact the user. If you begin but fail to complete the registration
process for the Services, we may contact you in an effort to help you sign up for Services or another
Company service. You can opt-out of receiving these emails by clicking on the opt-out link included
in the emails.
b. Test SmartFax
If you elect to use the Test SmartFax tool on the Site, you will automatically receive a sample fax
by email. We may also send you other emails containing information about the Company's services. You
can opt-out of receiving these emails by clicking on the opt-out link included in the emails.
A cookie is a piece of data stored on users' computers tied to information about the users. We may
use both session ID cookies and persistent cookies. For the session ID cookie, once users close the
browser, the cookie simply terminates. A persistent cookie is a small file stored on users' hard
drives for an extended period of time. Persistent cookies can be removed by following Internet
browser help file directions. Use of a cookie is not linked to any personally identifiable
information while on the Site except if users choose to store their user names so that users do not
have to enter it each time they access their account. Then a persistent cookie will be stored on your
computer which is linked to your account information. If you reject the persistent cookie, you may
still use the Site but you will be limited in some areas of it. Persistent cookies also enable us to
track and target the interests of our users to enhance their experience on the Site. See the
"Profile" section below. Some of our business partners (for example, third party advertisers) may use
cookies on the Site, in emails or in our advertisements on other Websites. The cookies are not linked
their own privacy policies which you should consult. In order to create a user-friendly experience,
some of our third party promotions and advertisements are designed to automatically transmit users'
information onto the third party's landing page when users chooses to "click" upon a third party's
advertisement or promotion. For more information about receiving the Company's advertisements on
other Websites, and for opting out of this practice, please see the "Choice/Opt-out" section below.
d. Log Files
Like most Websites, our servers use log files to analyze trends, administer the Site, track users'
movements in the aggregate and gather information to improve the user experience and the Services.
e. Clear Gifs
Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and we may use
them to track the online movements of our users. Clear gifs are invisible on the page and are much
smaller than cookies, about the size of the period at the end of this sentence. We may also use clear
gifs in our HTML-based emails to let us know which emails have been opened by the recipients. This
allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing
campaigns. If users would like to opt-out of receiving promotional emails, please see the
"Choice/Opt-out" section below.
We may store information that we collect through cookies, log files and clear gifs to create a
profile of our users. A profile is stored information that we keep on individual users that details
their viewing preferences and Services usage. We may also gather information about users and users'
preferences from third parties. Please see the Third Party Intermediaries; Supplementation of
Information section below. Consequently, information may be tied to users' personally identifiable
information to improve the content of the Site for users, improve our Services and provide new
services that are likely to be of interest to users and to direct pertinent product updates and
marketing promotions to users if they have opted in to receive those promotions.
g. Children's Privacy
We do not knowingly collect personal information from children under the age of 13. If we learn that
we have personal information of a child under the age of 13, we will delete that information from our
systems. For tips on protecting children's privacy online, please the FTC Website:
2. Use of Personally Identifiable Information
a. Legal, Security and Safety
The Company does not release personally identifying information about our users (other than as
disclosed in this Policy) or monitor, edit or disclose the contents of users' private communications
through the Services except where the Company in good faith believes that such action is necessary
to: (1) comply with the law or where we have a good-faith belief that such disclosure is necessary to
comply with a current judicial proceeding, a court order or legal process served on us; (2)
investigate, prevent or take action regarding illegal activity; (3) protect and defend the rights or
property of the Company; or (4) to protect the personal safety of our users or the public. For
example, we may disclose personal information to law enforcement, other government officials or third
parties in response to criminal or civil subpoenas. Sometimes, these subpoena requests come from our
third party Internet, telecommunications and collocation providers all over the world who supply the
network required for us to deliver our Services. In order to maintain the integrity of our network,
we often cooperate with requests from these third party providers and/or requests from law
enforcement or other governmental officials directed to these providers. In cases where the Company
believes that disclosure of any information about a user (including account information) is
necessary, we reserve the right to disclose all information in our possession about such user.
b. Civil Subpoena Policy
To request user information from the Company in a civil case, you must lawfully serve the Company with a valid subpoena, court order, or search warrant, comply with all applicable federal, state, and other applicable laws, rules, and regulations, and agree to the Company's terms of compensation below. All civil subpoenas should be directed to: j2 Global, Inc.; Subpoena Department; 6922 Hollywood Boulevard; Suite 500; Los Angeles, CA 90028. The Company reserves all rights, objections, and entitlements with respect to any subpoena served on it, and may choose to notify any subscriber or other party whose information is sought. The Company additionally reserves the right to insist on reimbursement of its reasonable expenses incurred in responding to any subpoena, including without limitation all expenditures of internal staff time, copying and clerical expenses, and mailing expenses. The Company may invoice the person or entity submitting the subpoena following receipt and the subpoena proponent must make payment promptly, but in no event more than 15 days, after the invoice is sent. Checks should be made out to j2 Global, Inc.
c. Provision of Services
Users should also be aware (and hereby agree) that certain technical processing of and access to fax
messages and their content may be required to: (a) provide the Services, including without
limitation, routing and indexing the messages; (b) conform to connecting networks' technical
requirements; (c) prevent or minimize disruptions to the Services; or (d) conform to other similar
d. Welcome Email and Special Offer
We send all new users a welcome email to verify their information such as name, address and phone
number. Users may occasionally receive emails promoting the Company's services and third party
services that may be of interest to them ("Promotional Emails"). To opt-out of receiving these
Promotional Emails, please see the Choice / Opt-out section below. We may also contact users by other
communication channels such as telephone or mail using contact information provided by users or
obtained from third party sources as set forth in the section on Third Party Intermediaries;
Supplementation of Information below.
e. Product Updates, Newsletters, Service Announcements
We might send you communications which contain usage tips, product updates or updates to the Customer
Agreement or this Policy. If necessary, we will also send you Service-related announcements. For
instance, if a Service is temporarily suspended for maintenance, we may send users an email. Users
cannot opt-out of these non-promotional communications unless they deactivate their account.
f. Customer Service
We communicate with users in reply to requests for assistance or regarding issues relating to users'
accounts. We may reply via email, phone, Web chat, mail or other available method, in accordance with
g. Abuse; Spam and Junk Faxes
The Company has a zero tolerance policy for abuse. While we cannot be responsible for external
communications received through the Services, it is our intention to use all legally available means
to prevent use of the Services for any illegal purpose, including but not limited to distribution and
receipt of unsolicited commercial faxes ("junk faxes"). We also specifically restrict users from
taking any actions which impose an unreasonable or disproportionately large load on the Company's
resources. We ask that any users who are annoyed by receipt of such junk faxes or otherwise impacted
by illegal use of the Services to please report such activity.
h. Third Party Intermediaries; Supplementation of Information
In order for the Company to properly fulfill its obligations, to improve our Services and direct
information to users about services that may be of interest to users, we use third parties and we may
share users' information with these third parties. For example, the Company verifies the billing
address on all credit card transactions and may obtain credit reports for some corporate users. We
use an outside credit card processing company to bill users for Services. In addition, we may use
third parties to host certain portions of our Site, to fulfill certain requests for information from
our users and to comply with legal requirements. In order to personalize a user's experience and
provide relevant offers from us or our third party advertisers, we may share users' information with
third parties to learn more about users and their preferences. These companies are not to store or
use personally identifiable information for any secondary purposes and the information obtained from
3. User Choices Regarding Collection, Use and Distribution of Personally
a. Business Transitions
In the event the Company goes through a business transition, such as a merger, acquisition by another
company or sale of a portion of its assets, users' personal information will, in most instances, be
included as part of the assets transferred. If as a result of the business transition, the users'
personally identifiable information will be used in a manner different from that stated at the time
of collection they will be given a choice not to have their information used in this different
manner, as described in the notification of changes section, below.
Paying users may opt-out of receiving Promotional Emails by clicking the opt-out link included in
Promotional Emails. We also utilize third party advertisers to display advertisements for our
Services on other Websites. If you would like more information about receiving the Company's
advertisements on other Websites, or would like to opt out of this practice, please visit
This Policy applies solely to information collected by the Company through the Site, the Services and
Customer Service. The Company has advertising and affiliate relationships with third party Websites
which drive interested parties to our Site. Information that is collected on their Website does not
fall within this Policy. The Company may also have co-brand relationships with some Websites. A
Website is a co-brand of the Company if it offers Company technology or services to its users under a
different brand. The Co-Branded Websites and third party Websites will have their own privacy
policies specific to each Website and the user should read them carefully before registration.
Periodically, users might be asked to participate in surveys. Participation in these surveys is
completely voluntary and the user therefore has a choice whether or not to respond or provide
information. The requested information may include contact information (such as name and address) and
demographic information (such as gender). Survey information will be used for purposes of monitoring
or improving the use and satisfaction of the Company's Services. Users' personally identifiable
information will not disclosed or shared with third parties unless set forth in this Policy or we
obtain your permission. We may use an intermediary to conduct these surveys, but the intermediary may
not use users' personally identifiable information for any secondary purposes.
If users elect to use our referral service for informing a friend about our Services, we ask users
for the friend's name and email address. The Company will automatically send the friend a one-time
email on the users' behalf inviting them to visit the Company's Site. The Company stores this
information for the sole purpose of sending this email and tracking the success of our referral
f. Sweepstakes; Contests; Giveaways
Periodically, we might offer users an opportunity to participate in sweepstakes, contests and
giveaways. Participation in these promotions is completely voluntary and the user therefore has a
choice whether or not to disclose this information. The requested information may include contact
information (such as name and address) and demographic information (such as gender). Users'
personally identifiable information will not disclosed or shared with third parties unless set forth
in this Policy or we obtain your permission. We may use an intermediary to conduct these promotions,
but the intermediary may not use users' personally identifiable information for any secondary
g. Special Notification for California Residents
Individual users who reside in California and have provided their personally identifiable information
to the Company may request once per calendar year information about Company's disclosures of certain
categories of personally identifiable information to third parties for their direct marketing
purposes. Such requests should be directed to the Chief Privacy Officer at email@example.com. Within
thirty days of receiving such a request, we will provide a list of categories of personal information
shared during the immediately preceding calendar year with other businesses for their direct
marketing purposes, and the names and addresses of those third parties. The Company reserves its
right to not respond to requests submitted other than to the email address specified in this section.
The Company takes every reasonable precaution to protect its users' information. Our
registration/order forms ask users to enter their personally identifiable information, that
information is protected with encryption software called SSL. Any activities after you log into your
account are also encrypted with SSL.
While we use SSL encryption to protect personally identifiable information online, we also employ
security measures to protect user-information off-line. All of our users' information, not just the
personally identifiable information mentioned above, is restricted in our offices. Only employees who
need the information to perform a specific job (for example, our billing clerks or a Customer Service
representative) are granted access to personally identifiable information. Finally, the Company
servers that store personally identifiable information are in a secure environment.
5. Changing Your Personally Identifiable Information
If a user's personally identifiable information changes (such as phone, credit card, email or postal
address), users can change their information by logging into their account on the Site. If users have
cancelled their account, they must call Customer Service to change their personally identifiable
6. Notification of Changes
If we decide to change our Policy in a non-material way, we will post those changes in this Policy,
and other places we deem appropriate, so our users are always aware of what information we collect,
how we use it and under what circumstances, if any, we disclose it. We will use information in
If, however, we change our Policy in a material way, we will notify users via email. Users will have
a choice as to whether or not we use their information in this different manner. However, if users
have deleted/deactivated their account, then they will not be contacted if we change our Policy in a
material way, nor will their personal information be used in this new manner.
7. Safe Harbor
The Company is a participant in the Safe Harbor program developed by the U.S. Department of Commerce
and the European Union. We have certified that we adhere to the Safe Harbor Privacy Principles agreed
upon by the U.S. and the E.U. For more information about the Safe Harbor and to view our
certification, visit the U.S. Department of Commerce's Safe Harbor Website at
8. Data Retention
The time period for which we keep information varies according to how we use the information. In some
cases, there are legal requirements to keep data for a minimum period. Unless there is a specific
legal requirement for us to keep the information, we do not retain it for no longer than is necessary
for the purposes for which the data was collected or for which it is to be further processed.