Privacy Policy

Castel Communications LLC

 

PRIVACY POLICY

 

Welcome to www.castel.com (the “Site”), a website provided by Castel Communications LLC., a Delaware limited liability company that provides contact solution products, (“Castel”).  Castel respects your privacy, and this policy covers Castel’s processing, protection, transfer and use of information collected from you through the Site, your use of products licensed from Castel (“Products”) or other sources in the ordinary course of Castel’s business.

 

  1. Acceptance

You should review this policy carefully, and be sure you understand it, prior to using the Site or any Products, or otherwise providing any information to Castel.  Your use of the Site or any Products, or you’re otherwise providing any information to Castel, is deemed to be irrevocable acceptance by you of this policy.  If you do not agree to this policy, you should not use, and should immediately terminate your use of, the Site and all Products, as applicable, and not otherwise provide any information to Castel.  For purposes of this Section, accessing the Site only to review this policy is not deemed to be use of the Site.

 

  1. Information

In this policy:

 

(a)        “Analytical Information” means all Non-Personal Information collected by Castel through the use of cookies (or other similar tracking devices) and server log files (including, but not limited to, (i) your search terms, (ii) your computer’s access date and time, browser, connection speed, Internet service provider, language, location, manufacturer, operating system and other visit details, and (iii) whether or not you opened e-mail messages and other electronic communications from Castel, and if you did, the times they were opened);

(b)        “California Information” means all Personal Information that relates to residents of California and that is covered by the California Consumer Privacy Act or the California Online Privacy Protection Act (collectively, the “California Laws”);

 

(c)        “Collected Information” means all Personal Information and Non-Personal Information.

 

(d)       “Non-Personal Information” means all information that is collected by Castel, whether electronically or manually, through (i) the Site, (ii) any Products, (iii) e-mail messages and other electronic communications that you send to Castel and (iv) other sources in the ordinary course of Castel’s business and that is not Personal Information; and

 

(e)        “Personal Information” means all information collected by Castel, whether electronically or manually, through (i) the Site, (ii) any Products, (iii) e-mail messages and other electronic communications that you send to Castel and (iv) other sources in the ordinary course of Castel’s business, that relates to an individual and that identifies, or can be used in conjunction with other readily-accessible information to identify, such individual (including, but not limited to, your name, employer’s name, business address, e-mail address, home address, phone number, social security number (or other government-issued identification number), employer’s name, occupation, title, driver’s license number and human resources information relating to employees of Castel in the United States).

 

  1. Collection

No Collected Information is obtained from you unless it is voluntarily provided, except for any Collected Information obtained automatically through the Site as set forth in this policy or any Products in connection with its intended functionality.  Regardless of the method used to obtain Collected Information, Castel will only collect Personal Information in a manner that is consistent with the purposes for which it was provided, and Castel’s other legitimate business purposes (including, but not limited to, marketing).  You are responsible for obtaining any approvals, authorizations, consents, permissions and permits that are required in connection with your providing Castel with any information (including, but not limited to, any information relating to a third party).

 

  1. Choice

You may refuse to provide any information to Castel at any time by terminating your use of the Site and all Products, or in all other cases not involving use of the Site or any Products, by notifying Castel as set forth in Section 22.  If you refuse to provide any information when requested to do so by Castel, the Site or any Products, you may not be able to access, or otherwise receive the benefits of, certain services from Castel, features of the Site or functionality of such Products.

 

  1. Electronic Communications

Whether or not you have previously sent Castel an e-mail message, you consent to Castel’s sending you e-mail messages and other electronic communications (a) in connection with your use of the Site or any Products, (b) in the ordinary course of Castel’s business or (c) for any other legitimate business purpose (including, but not limited to, marketing).  Since Castel endeavors to send e-mail messages and other electronic communications only to individuals desiring to receive them, you can unsubscribe to such e-mail messages or other electronic communications at any time by contacting Castel as set forth in 21 or by following the directions contained in such e-mail messages or other electronic communications.  Any request to unsubscribe to e-mail or other electronic communications will effective after your request is received by Castel.

 

  1. Analytical Information

When you access the Site or use any Products that are hosted by Castel, Castel will collect Analytical Information.  Your browser may provide you with the ability to not accept cookies, as well as the ability to delete already-existing cookies.  If you refuse, or delete previously-existing, cookies, you may not be able to access, or otherwise receive the benefits of, certain services from Castel, features of the Site or functionality of such Products.

 

Analytical Information will only be used by Castel (a) to record your use of the Site or any Products, (b) to diagnose problems with the Site or any Products, (c) to improve the Site or any Products and make the Site or such Products more useful to you and other users, (d) to assist in Castel’s marketing efforts, and (e) for other legitimate business purposes of Castel.  Castel will collect Analytical Information either directly or by third parties acting on its behalf.

 

  1. Location

All Collected Information is controlled or processed by Castel at 4285 Genesee Street Cheektowaga, NY 14225, and on servers owned by a third party and located at an off-site data center at 55 Melroy Avenue, Lackawanna New York 14218.  Castel may transfer Personal Information to any other third party only as set forth in Section 22.

 

  1. Protection

Except as provided in the immediately following sentence, Castel will use commercially reasonable efforts to protect Personal Information from loss, theft and unauthorized access, alteration, destruction, disclosure and use.  Certain Collected Information posted by you on the Site may be accessible to the general public, and Castel is not responsible for protecting such Collected Information from loss, theft or unauthorized access, alteration, destruction, disclosure or use.  For example, if you participate in a public forum on the Site, any information disclosed by you when doing so will be available to the general public.  In addition, since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that Collected Information could be lost, stolen or accessed, altered, destroyed, disclosed or used without authorization, even if Castel uses such reasonable efforts.  In providing information to Castel, you must assume the risk that Collected Information could be lost, stolen or accessed, altered, destroyed, disclosed or used without authorization.

 

  1. Use

All Collected Information may be used by Castel for the purposes for which such Collected Information was collected and any other legitimate business purpose (including, but not limited to, marketing).  If Castel expressly states in this policy or in a writing that any Collected Information will only be used for a specific purpose, Castel will only use it for such purpose, unless you subsequently consent to its being used for another purpose.

 

  1. Transfers

Any Collected Information obtained by Castel, whether or not for a specific purpose, may be transferred to third parties retained by Castel (including, but not limited to, any affiliates, distributors, sub-contractors or vendors of Castel) for any purposes for which Castel could use such Collected Information.

 

Certain Collected Information that is obtained by Castel through any Products and that is not Personal Information may be (a) transferred to clients or customers of Castel and (b) used by such clients or customers for their business purposes.  Castel has no control over how such clients or customers use any such Collected Information and is not responsible for such use.

 

Castel may also at any time, in its sole discretion, transfer to third parties any Collected Information, whether or not you furnished such Collected Information for a specific purpose, to (a) comply with, or as permitted by, any applicable law, (b) respond to any request from a governmental authority (including, but not limited to, any such request relating to national security or law enforcement), (c) respond to any request from a third party investigating a claim of fraud, illegal activity, infringement of intellectual property rights or other similar activity, (d) protect the rights, property or legitimate business interests of Castel or a third party, or (e) transfer such Collected Information to a third party purchasing all, or substantially all, of Castel’s assets.  If Collected Information is so transferred, Castel will have no responsibility for any action of the third party to whom or which such Collected Information is transferred.

 

  1. Third-Party Sites

The Site may contain links to, or be accessible from, websites provided by third parties (individually a “Third-Party Site”).  Your use of a Third-Party Site will be subject to its terms of use and other provisions, and you are responsible for complying with such terms and other provisions.  This policy does not cover the privacy policies or practices of any Third-Party Site, and Castel is not responsible for any information you submit to, or otherwise collected by, any Third-Party Site.  Castel is only responsible for Collected Information obtained by it (a) through your authorized use of the Site or any Products, or (b) from other sources in the ordinary course of its business.  You should consult each Third-Party Site for its privacy policy or practice before submitting any information to, or otherwise using, such Third-Party Site.

 

  1. Disclaimer

With respect to all Personal Information in the possession, or under the control, of Castel, Castel does not warrant or represent, and expressly disclaims, (a) that such Collected Information is accurate or error-free, (b) that such Collected Information was provided to Castel in compliance with applicable law, (c) that the individual or entity providing such Collected Information has all required approvals, authorizations, consents, permissions, and permits for providing such Collected Information, or (d) otherwise.

 

  1. Required Actions

Upon your request, and solely to the extent required by any applicable law, Castel will (a) delete your Personal Information from its systems, (b) grant you access to your Personal Information in its possession, or under its control, for the purpose of correcting or deleting such Personal Information, or (c) take any other action with respect to your Personal Information.  If you desire to make such a request, you must contact Castel in writing as set forth in Section 22.

 

  1. California Residents

Castel does not sell any California Information, and will, to the extent required by the California Laws, disclose, delete or take any other action with respect to any California Information.  A resident of California may request (a “California Request”) pursuant to the California Laws, among other things, that Castel:

 

(a)  Disclose to such resident:

(i)   The categories of California Information relating to such resident that are collected by Castel;

(ii) The categories of sources from whom or which California Information relating to such resident is collected by Castel;

(iii)  The purposes for Castel’s collecting California Information relating to such resident;

(iv)  The categories of third parties to whom or which Castel transfers California Information relating to such resident;

(v)  The specific pieces of California Information relating to such resident collected by Castel; and

(vi)  If California Information is disclosed for a business purpose to a third party, the categories of such California Information relating to such resident that are disclosed for a business purpose, and the categories of third parties to whom or which such California Information are disclosed for a business purpose; and

 

(b)  Except in certain circumstances, delete California Information of such resident.

 

A California Request (a) can only be made twice in a 12-month period, (b) will require the collection of certain information by Castel to verify the identity of such resident, and (c) must be submitted to Castel as set forth in Section 22.  Castel will respond to any such request within 45 days after receiving such information.

 

The California Laws require certain additional disclosures that can be found at this link: California Privacy Disclosures.  Castel will not discriminate against a resident of California for exercising any right of such resident under the California Laws, except as permitted under the California Laws.

 

  1. Children

The Site is not intended for children under 13 years of age.  However, if a parent or guardian of a child under 13 years of age discovers that Personal Information of such child has been submitted to Castel through the Site without the parent’s or guardian’s consent, Castel will use commercially reasonable efforts to remove such information from the Site and Castel’s servers at the parent’s or guardian’s request.  To request the removal of such Personal Information, the parent or guardian must contact Castel as set forth in Section 22, and provide all information requested by Castel to assist it in identifying the Personal Information to be removed.

 

  1. Applicable Law

This policy shall be governed by, and construed and interpreted in accordance with, (a) in the case of California Information, and solely to the extent required by the California Laws, the California Laws, (b) any other applicable privacy law solely to the extent required by such law, and (c) in all other cases, the laws of the state of New York, without regard to its principles of conflict of laws.  If there is any conflict or inconsistency between any provision of this policy and any provision of any applicable law, the latter shall control.

 

  1. Complaints

Any complaint by you regarding any Collected Information, or otherwise relating to this policy, must first be submitted to Castel as set forth in Section 22, and Castel must be given a reasonable opportunity of not less than 30 days to investigate and respond to your complaint.  Upon Castel’s completing such investigation and so responding, Castel and you must then attempt, in good faith, to promptly resolve any remaining aspects of your complaint.  If any aspect of your complaint remains unresolved after an additional reasonable period of time of not less than 30 days, you may commence litigation against Castel in connection with the unresolved portion of your complaint only in a court located in Erie County, New York, and having subject matter jurisdiction over your complaint.  You consent to any such court’s being, and waive any objection (including, but not limited to, any such objection based on inconvenience) to such court’s not being, a proper venue for your complaint.

 

  1. Entire Agreement

Except as set forth in this Section, this policy contains the entire agreement, and supersedes all prior oral and written agreements, proposals and understandings, between you and Castel, with respect to Collected Information.  If you use the Site or any Products, or otherwise have business dealings with Castel, such use or dealings will be subject to this policy, plus any other written agreement between the parties that is applicable thereto (including, but not limited, any applicable terms of use, and any applicable license agreement).  To the extent there is any conflict or inconsistency between any provision of this policy and any provision of such other agreement, the former shall control.

 

  1. Severability

Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law.  If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.

 

  1. Revisions

Castel may revise any provision of this policy from time to time by posting the revised provision on the Site so long as such revision does not conflict with the California Laws or any other applicable law.  Any such revision will take effect immediately upon such posting, and will apply to all Collected Information obtained by Castel after such posting.  It is your responsibility to periodically check this policy on the Site for revisions to this policy.

 

  1. Expenses

Except as provided in this policy or any applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with enforcing your rights under this policy.

 

  1. Contact Information

If you (a) desire to make a California Request, or (b) have any questions or complaints, desire additional information, or need  to notify Castel of anything, relating to this policy, please promptly contact Castel using one of the methods set forth below:

 

Regular mail:           

Castel Communications LLC
Attn:  Tom Quattrini, VP of Operations and Support
4285 Genesee Street
Buffalo, New York 14225

E-mail:

tquattrini@castel.com

Toll-free phone no.:

1-800-208-0547

 

Effective Date:  December 1, 2020
Copyright 2020 Castel Communications LLC.  All rights reserved.