document: title: privacy policy
text: ### Privacy Policy

### Privacy Policy

Invoca, Inc. (“Invoca”, “We”, “Us” or “Our”) owns and operates a proprietary call intelligence technology platform (“Invoca Platform”). Using unique phone numbers with personalization components combined with database management, Invoca provides networks, advertisers, agencies, publishers (directly and indirectly “Clients”), and consumers with marketing automation services (the “Services”).

Privacy is important to Invoca and any information that is collected or used is limited to what is necessary to create and maintain innovative and reliable Services without compromising the individual privacy of users. This policy covers data collected through Invoca’s corporate website (www.invoca.com) and data collected through the Invoca Platform. It also describes the choices available to you regarding the use of, your access to, and how to update and correct your personal information. The use of information collected through the Invoca Platform shall be limited to the purpose of providing the service for which the Client has engaged Invoca, Inc.

Throughout this Policy “personal information” means user and/or Client name, address, phone number, email address and IP address or any information or combination of information that can be used to identify, contact, or locate a discrete individual.

EU – U.S. Privacy Shield

Invoca participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. Invoca is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List: https://www.privacyshield.gov/list

Invoca is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf in accordance with Invoca’s contractual obligations with its customers.. Invoca complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Invoca is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Invoca may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

Under certain conditions, more fully described on the Privacy Shield website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

CONSUMER PRIVACY:

What information does Invoca collect from consumers?

Web Services:  
In general, when a consumer accesses the Invoca website or interfaces with the Invoca

Platform by visiting the website or by calling a unique phone number associated with one of our Clients, Invoca collects that consumer’s personal information if it is made available by the consumer or by a third party. Invoca will not knowingly collect personal information from children under the age of eighteen.

Invoca or its Clients may also set up order forms, questionnaires or other mechanisms through which a consumer may be asked to provide certain information either online or via telephone or other communication medium. Invoca will collect such consumer-supplied personal information. If, however, such communications are initiated by one of Invoca’s Clients and the Client collects the information, Invoca shall not be responsible for that information, though Invoca does endeavour to ensure that its Clients comply with privacy regulations. Participation in any of these communications is purely voluntary; any consumer not wanting to participate or provide information may decline or terminate contact by navigating away from the web page or hanging up the phone.

When a consumer responds to or views an internet advertisement served by an Invoca Client or visits an Invoca website, Invoca sends one or more cookies to the consumer’s computer to uniquely identify that consumer’s browser. As is common practice of doing business on the Internet, Invoca uses cookies to improve the quality of the Services by storing user preferences and tracking user trends and also to determine how the Services are used and navigated. Cookies that Invoca manages on third party websites only collect data in the aggregate. While many cookies are automatically deleted at the end of a web session, Invoca may use persistent cookies that remain on a specific browser after termination of a session. Any consumer may set their browser to refuse cookies or automatically clear cookies after termination of a session.

If you want to learn more about cookies, or how to control or delete them please visit https://www.aboutcookies.org for detailed guidance.

Phone Services:  
Invoca provides its Clients with unique telephone numbers to be used on websites, emails, mobile or offline promotions. This enables Invoca to both determine what the consumer was viewing when making a phone call and also personalize the experience for that consumer. Invoca’s phone servers automatically collect the caller ID results when a consumer calls a number. Invoca may also collect usage information from third-party databases, including the name, address and/or geographic location of the caller when such information is available to analyze information to optimize its marketing and product development initiatives in order to provide a better user and Client experience.

In addition, Invoca’s phone servers use software that may be employed on behalf of a Client to record calls. This recorded information may be evaluated in order to determine the quality of that call from the Client’s perspective and for training or other purposes. The recorded information also enables Invoca to identify high-quality calls and collect additional usage data which help improve the Services and boost sales for Clients.

Invoca may also use third-party services or technology for the transcription or analysis of such recorded information. In the event that Invoca records a call on behalf of a Client, Invoca will ensure that call participants are advised of the existence and intent of the recording in a manner consistent with applicable state and federal laws. Invoca is not responsible in any way for the accuracy or validity of the content of any such recordings, and takes no steps to evaluate such accuracy or validity.

While Invoca strongly encourages Clients to adopt responsible approaches to marketing, Invoca is not responsible for the information practices of Clients or their partners. The collection, use, and disclosure of information by Clients and their partners are subject to their respective privacy policies, which may differ from Invoca’s policy.

What are Invoca’s reasons for collecting usage information?

Invoca collects usage information when an internet user clicks on a link, creates a lead, initiates a phone call, receives a phone call, makes a purchase on a Client’s website, sends Invoca or a Client a text message, receives a text message from Invoca or a Client or makes an inquiry or a purchase during a phone call to a Client. Primarily, Invoca collects this information for the purpose of attributing calls back to the originating ads or paying commissions to third parties and also to personalize the internet or phone user’s experience. If the internet user revisits the Client’s site directly or if the phone user calls the Client using the unique phone number again, Invoca is able to continue to track the user’s activities on the Client’s site and compensate third parties that referred the user. Invoca reserves the right to retain all data as long as may be reasonably necessary for accounting and audit purposes.

Like most standard Website servers, Invoca uses log files to collect Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, platform type, date/time stamp and/or clickstream data. Invoca may use the information to analyze site usage, administer the site, understand usage and navigation trends in aggregate, and determine the relevance of content. Invoca may link this automatically collected data to other information it collects about consumer.

Invoca also may develop predictive statistical user profiles of generic consumers’ needs and interests by collecting both internet browsing and online purchase data and phone user data. For improved audience targeting, some Invoca services may use marketing technology to allow advertisers to supplement non-personally-identifying demographic information, such as age, gender, area code, or ZIP code, to the non-identifiable profile data.

Invoca will share this information only as described herein. Invoca will retain this personal information for as long as the Client is active or as needed to provide the Services. Invoca may also retain and use personal information as necessary to comply with any legal obligations, resolve disputes and/or enforce agreements.

Does Invoca share usage information with others?

Invoca does not share consumers’ personal information with companies or individuals outside of Invoca except as described below:

  * Invoca obtains consumer consent by requiring consumers to opt-in prior to Invoca sharing information with Invoca’s trusted third parties.
  * Invoca may provide information to its subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on Invoca’s behalf to improve and optimize the Services. Invoca requires these parties to agree to process such information only as necessary to provide Invoca service, based on Invoca’s instructions and in compliance with this privacy policy, privacy regulations, and other appropriate confidentiality and security measures.
  * Invoca provides such information to its Clients to enable them to better provide consumers with information about products or services about which the consumer may be inquiring.
  * Invoca may share personal information with its affiliates and other third parties to provide consumers with goods or services requested by them.
  * Invoca may share personal information in connection with the sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation of Invoca. In this case, consumers will be notified via a prominent notice on our website of any change in ownership or uses of consumer’s personal information, as well as any choices consumers may have regarding their personal information.
  * Invoca may release personal information when it believes such release is appropriate to respond to a subpoena, bankruptcy proceedings, or similar legal process or to otherwise comply with the law, enforce or apply Invoca’s terms of service and other agreements or protect the rights, property or safety of Invoca or others. This includes exchanging information with other companies and organizations for fraud protection.



Can a consumer opt-out of providing information?

For consumers accessing the Invoca Platform through the internet, some of its cookies may have an “opt-out” option. This process does not remove the Invoca cookie from a consumer’s system; it simply replaces the cookie with an opt-out cookie that does not contain any unique identifiers. Some of Invoca’s cookies do not have an “opt-out” option, but consumers always have the option of blocking the use of cookies by changing a setting in their internet browser. Invoca does not maintain a process for an individual consumer to opt-out of an Invoca ad serving cookie. However, any consumer may set their browser to refuse cookies or automatically clear cookies after termination of a session. If you reject cookies, you may still use our website, but your ability to use some features or areas of our website may be limited.

With regard to phone services, consumers are able to submit their phone numbers to “do-not-call” registries. Invoca will use its best efforts to observe do-not-call registries in any call campaign it performs or facilitates. However, consumers who have opted-in to receive such messages, either with a Client or with Invoca, shall not be subject to any do-not-call restriction.

Invoca also partners with third-party ad networks to either display advertising on the Invoca website or to manage its advertising on other sites. These ad network partner(s) may use cookies and web beacons to collect non-personal information about a user’s activities on websites to provide the user with targeted advertising based upon its interests. If a user wishes to not have this information used for the purpose of being served targeted ads, a user may opt-out by clicking here (or if located in the European Union click here). Please note this does not opt a user out of being served all advertising. The user will continue to receive generic ads.

As mentioned above, we may use web beacons. Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of internet users. Unlike cookies, which are stored on a user’s computer hard drive, web beacons are embedded invisibly on websites. We tie the information gathered by web beacons to personal information we otherwise collect, and use them in our HTML-based emails to learn which emails have been opened by recipients. This allows us to gauge the effectiveness of our Clients’ marketing campaigns as well as to operate and improve the Services. You can opt-out of these emails by following the unsubscribe instructions within such marketing emails.

Can a consumer access the personal information acquired by Invoca?

Upon request Invoca will provide you with information about whether we hold or process on behalf of a third party, any of your personal information. To request this information please, contact us at legal@invoca.com.

Invoca’s Services are not directed toward individual consumers however if a consumer would like the personal information Invoca holds about him/her corrected, updated or deleted, please contact legal@invoca.com. We will respond to your request within a reasonable timeframe.

CLIENT PRIVACY

What information does Invoca collect from its Clients?

Invoca collects personal information from all of our Clients, which include businesses, networks, agencies, advertisers and publishers. The collection of this information is part of Invoca’s normal business practices. Advertisers, businesses or their representatives will be asked to provide personal information through the sign up and registration process either directly by Invoca or indirectly through a network or agency partner. This information may include name, address, phone number, hours of operation, coverage areas and email address.

Technologies such as: cookies or similar technologies are used by Invoca and our marketing partners, affiliates, or analytics or third-party administrators. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about the users. We may receive reports based on the use of these technologies on an individual as well as aggregated basis.

When using the Invoca Platform, Clients may enter third-party personal information on the platform, such as entering another user’s email. This information is only used to provide the Client access to the system and is not used for any other purpose.

How does Invoca use its Clients’ information?

Much of the information collected from Clients is required to be collected for administrative needs, such as accounting and performance reporting. Periodically, Invoca may use Clients’ information to communicate via email newsletters or other avenues to offer strategic marketing information and other communications to assist in business-related activities. Clients can opt-out from future communications by clicking on the unsubscribe links in such emails.

Please note that under the CAN-SPAM Act, an advertiser is required to provide an opt-out mechanism for consumers to unsubscribe from future emails from the advertiser. Invoca is committed to proper Internet practices and full compliance with the CAN-SPAM Act of 2003 (15 U.S.C. § 7701). It is Invoca’s policy to prohibit the sending of unsolicited or “Spam” e-mail by Invoca or any of its marketing partners.

Except as otherwise provided, Invoca keeps all personal information provided by Clients in strict confidence and treats such data with the same level of care and respect that Invoca treats its own proprietary information. Invoca may, from time to time, provide personal information to certain third-party administrative vendors for efficient purposes in providing administrative or program management services. Examples include an email service provider, marketing solutions provider and a blog provider. Any third-party vendor so used has agreed to protect the confidentiality of information provided by Invoca.

Invoca may also share information in connection with the sale, merger, consolidation, change in control, transfer of substantial asset, reorganization or liquidation of Invoca. In this case, Clients will be notified via a prominent notice on our website of any change in ownership or uses of Client’s personal information, as well as any choices Clients may have regarding their personal information.

Invoca may release information when it believes release is appropriate to respond to a subpoena, bankruptcy proceedings, or similar legal process or otherwise comply with the law, to enforce or apply Invoca’s Terms of Service and other agreements or to protect the rights, property, or safety of Invoca or others. This includes exchanging information with other companies and organizations for fraud protection.

Can a client opt out of providing information?

Collecting information from Clients is required as a part of doing business. Invoca’s primary intent in collecting information is for administrative purposes. However, it may periodically use collected information for marketing and communication purposes targeted to our Clients. Clients wishing not to receive such communications may do so by informing their designated Invoca representative in writing at any time or by clicking on the unsubscribe link in the promotional communication.

We will also send you service related email announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. You do not have an option to opt out of these emails, which are not promotional in nature.

When a Client logs on to any browser-based Invoca reporting system, a cookie is placed within their computer. The cookie allows us to validate the Client’s identity and maintain the security and privacy of the Client’s account data. This cookie does not contain any personal information. It is required to log into Invoca’s reporting systems and there is no method to opt-out of this cookie.

If you are a Client and would like the personal information Invoca holds about you corrected, updated or deleted, please contact legal@invoca.com or contact your designated Invoca representative. Invoca will respond to your request to access information within a reasonable timeframe.

Information Related to Data Collected through the Service

Information Related to Data Collected for our Clients:

Invoca collects personal information only on behalf of its Clients to provide them a service. Invoca may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the provisions in this Policy regarding notice and choice and the service agreements with our Clients. If you are a customer of one of Invoca’s Clients and would no longer like to be contacted by a Client that uses the Invoca Services, please contact that Client directly as that Client controls such data.

Access and Retention of Data Controlled by our Clients:

Invoca acknowledges that you have the right to access your personal information.  Invoca has no direct relationship with the individuals whose personal information it processes on behalf of Client. An individual who seeks access to or otherwise seeks to correct, amend or delete inaccurate personal information should direct such inquiry to Invoca’s Client. If you do contact Invoca regarding such a request, Invoca will respond within a reasonable timeframe.

Invoca retains all information we process on behalf of our Clients for as long as a Client’s account is active or as needed to provide Services to the Client. If a Client wishes to cancel an account or request that Invoca no longer use information to provide the Services, contact legal@invoca.com. Invoca will retain and use a Client’s information as necessary to comply with any legal obligations, resolve disputes and enforce any agreements.

GENERAL:

Public Forums:  
Invoca’s website offers publicly accessible blogs or community forums. Any user of the Invoca website should be aware that any information provided in these areas may be read, collected and used by others who access these sites. Our blog is also managed by a third-party application that may require you to register to post a comment.  We moderate information posted to the blog. To request removal of any personal information from the Invoca blog or other community forum, contact us legal@invoca.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Testimonials:

Invoca will only post Client testimonials with the Client’s consent to do so. If you wish to update or delete your testimonial, you can contact us at legal@invoca.com.

Frame:

Some of our pages utilize framing techniques to serve content to/from our partners while preserving the look and feel of our website. Please be aware that you are providing your personal information to these third parties and not to www.invoca.com.

Links to other websites:

The Invoca website and platform may include links to other websites whose privacy practices may differ from those of Invoca. If a user submits personal information to any of those sites, that user’s information is governed by that third party’s privacy policies. We encourage users to carefully read the privacy policy of any website it visits.

Social Media Widgets:

Invoca’s corporate website (www.invoca.com) includes Social Media Features and Widgets, such as the Facebook “Like” button and the “Share This” button, or other interactive mini-programs that run on the site. These Features may collect a user’s IP address and the page a user visits on the site and may also set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on the Invoca website. A user’s interactions with these Features are governed by the privacy policy of the company providing them.

How does Invoca protect the security of personal information?

Invoca takes appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. When a user enters sensitive information (such as login information), Invoca encrypts the transmission of that information using secure socket layer technology (SSL). Any data stored on Invoca’s servers is treated as proprietary and confidential and is not available to the public. Invoca restricts access to personal information to those employees or third parties who have a need to know such information for the purpose of effectively delivering Invoca products and Services by means of user login and password requirements. Invoca routinely evaluates its data security practices to identify security threats or opportunities for improvement.

No transmission of data over the Internet or the phones is guaranteed to be completely secure. It may be possible for third parties not under the control of Invoca to intercept or access transmissions or private communications unlawfully. While Invoca strives to protect users’ personal information, it cannot ensure or warrant the security of any information a user transmits. If you have any questions about the security of your personal information, you can contact us at legal@invoca.com.

Clients and Consumers in the European Union

Location of Systems  
Invoca’s systems are based in the United States, so personal data entered in the Invoca websites or platform, or collected through the use of the services (i) will not be processed in the European Economic Area (EEA) and (ii) will be processed by Invoca and its service providers in the United States.  By using the services, data subjects (a) agree to and accept the terms stated in this Privacy Policy and (b) expressly consent to the processing of personal data on equipment and by service providers outside the European Economic Area.  Invoca offers a Data Processing Addendum to Clients upon request to legal@invoca.com.

Controller and Processor

Invoca is the Controller of data collected from Clients and Consumers as described in this policy, as part of normal business practices, and in order to provide, monitor and maintain services through the Invoca Platform.  Invoca’s Clients are the Controllers of Consumer and other data that is collected through the use of the Invoca platform.  Invoca is the Processor on behalf of the Clients of that data.  Invoca will process the data according to Client instructions, which are given in the process of contracting for the services.

Basis of Processing

Where Invoca is the Controller of data collected, it processes that data on the basis of its legitimate business interest to provide the service, and on the basis of fulfilling contractual obligations with Clients.  In some instances, Invoca may seek consent to process data, for example, if the data will be used for marketing communications.  If Invoca has received consent to process, then that is the basis for processing, and that consent may be withdrawn at any time.  Where Invoca is processing data as a Processor, it follows the instructions of the Controller.

Data Subject Rights

EU data subjects have additional rights under the General Data Protection Regulation:

  * Right of access to personal data
  * Right to rectification of personal data held where it is incorrect or incomplete
  * Right of erasure of personal data, under certain circumstances
  * Right to restrict/suspend processing of personal data
  * Right to complain to a supervisory authority
  * Right to object to processing, including for direct marketing purposes
  * Right to receive personal data in a standard electronic format (data portability)



Where Invoca is the Controller of the data, the data subject may withdraw consent or exercise any of these rights by contacting Invoca at legal@invoca.com.  Where Invoca is the Processor of the data, the data subject should contact the appropriate data Controller to exercise these rights.

Right to Review, Delete and Control Use of Information

Data subjects have the right to request access to, and correction or deletion of, personal information, and to request that processing of the data be stopped.  Data subjects may always opt-out of direct marketing by unsubscribing from communications, or by contacting Invoca.  Clients may review personal information through their account.  Clients and Consumers may also contact Invoca at legal@invoca.com.  Where Invoca is the Controller of the information, it will respond to the request in a timely manner.  Where Invoca is the Processor of the data, the data subject should contact the Controller directly to exercise these rights.

Right to Data Portability

Data subjects may obtain a copy of personal information, structured in a commonly used and machine-readable format.  If requested and when technically feasible, and where Invoca is the Controller of the information, Invoca will send that information via electronic means to a designated third-party. Where Invoca is the Processor of the data, data subjects should contact the appropriate Controller to exercise this right.

Retention

Invoca is subject to various retention requirements and retains personal data as described in this policy, for as long as necessary for a specified purpose or legal requirement, and in accordance with any applicable regulations.

How are changes made to the Privacy Policy?

Invoca may find it necessary or be legally obligated to update this Privacy Policy from time to time. When it does update this policy, Invoca will post those changes on this page and update the effective date so that everyone is aware of the information that is collected, how Invoca uses it and under what circumstances Invoca discloses it. Except as otherwise required by law, modifications to this Privacy Policy will not affect the privacy of data collected by Invoca prior to the effective date of the policy change. If Invoca makes any material changes, Invoca will notify you or our Client by email (sent to the email address specified in your account) or by means of a notice within the Services platform or the corporate website prior to the changes becoming effective. Invoca encourages all users to periodically review this page for the latest information on Invoca’s privacy practices.

What are Invoca’s policies regarding children and SPAM?

The Invoca Services are not developed for or directed at children. Children (persons under the age of 18) are not eligible to do business with Invoca and it does not collect personal information from any person it actually knows is under the age of 18. If you believe your child has provided Invoca with any personal information, please contact legal@invoca.com to have that user removed.

Contact Invoca:

For more information or if you have questions or concerns regarding the Invoca Privacy Policy, please contact legal@invoca.com or send correspondence to the following address: Invoca, Inc. Attn: Privacy, 1025 Chapala Street, Santa Barbara, CA 93101.

Policy Updated: May 25, 2018