Olelo Privacy Policy

Last modified: May 13, 2022

Introduction

This Privacy Policy sets forth the policies of MachineGenius, Inc. (the “Company,” “we,” “us,” or “our”) with respect to the collection, use, processing, and onward transfer of data gathered in connection with your use of our website located at www.olelophone.com (our “Site”) and our Olelo Captioned Calls mobile application (our “App” or “Olelo” and together with our Site, the “Services”). By using our Services, you agree and consent to the collection, use, processing, and transfer of any data gathered about you by us in accordance with this Privacy Policy. If you do not agree to this Privacy Policy, you are prohibited from using our Services.

Section 1. Purpose.

This Privacy Policy describes our practices with respect to the collection, retention, processing and sharing of information gathered as a result of your use of and interaction with our Services. This Privacy Policy also sets forth your and our rights with respect to accessing, modifying, deleting, and sharing information about you. Please read this Privacy Policy before your use of our Services so that you may make an informed decision about your use of those Services and our potential use of information related to you in connection with our provision of the Services.

Section 2. Summary Practices.

This Privacy Policy controls as to the Services we provide and our information collection and use practices in connection with same. In connection with your use of our Services, we will collect both Personal Information and Non-Personal Information about you. “Personal Information” means information about you that is capable of personally identifying you, including information you may provide to us, including in some respects, Customer Proprietary Network Information (CPNI, as defined below). Personal Information includes things like your name, address, phone number, email, date of birth, the last four digits of your social security number, and other information you may provide to us. “Non-Personal Information” means information that does not specifically identify you, such as Device Information (as defined below) and Log Information (as defined below). We refer to Personal Information and Non-Personal information about the users of our Services, like you, as “End User Information.” We may use your End User Information in connection with providing you with our Services and as otherwise set forth herein.

Collection of Information

Your End User Information is collected by us in a number of ways, including:

An example of the Personal Information we may collect includes your name, email address, residential address, current location, date of birth, mobile phone number, and the last four digits of your social security number, which Personal Information may be collected by us in connection with registration for our Services. An example of Non-Personal Information we collect includes information generated by your use of our Services, such as the device ID or the IP address from which you access our Services. We may also collect information pertaining to your use of our Services and the types of content available through our Services with which you interact.

The content of calls handled by our Services is your private information and we do not store your call audio or transcripts nor do we use your call audio or transcripts for any purpose other than providing captions while using our Service. You may choose to store your call transcripts locally on your device. Transcripts stored locally on your device are only accessible by you.

We use the automated speech recognition services of third parties for the transcription of call audio into text. Neither call audio nor transcripts are stored by such third parties or used by such third parties for any purpose other than the delivery of call captions.

Retention of Information

Your End User Information is retained by us only as long as we deem necessary in order for us to provide the Services to you and to otherwise utilize your End User Information for the purposes outlined in this Privacy Policy, including seeking and receiving compensation via the FCC’s Internet Protocol Captioned Telephone Service (IP CTS) program (the “FCC Program”) and otherwise complying with applicable laws, including applicable FCC rules and regulations.

Processing of Information

We have a number of reasons for collecting, processing, and sharing your End User Information, including:

Sharing of Information

We will share your End User Information, including your CPNI, as necessary in connection with our participation in the FCC Program and in compliance with applicable laws, rules, and regulations. Beyond that, we will not share your End User Information with third parties if there is not a valid and binding agreement in place with such third parties to abide by the terms of this Privacy Policy with respect to such End User Information and/or where we have contractually agreed that we will not share such End User Information. If there is a valid agreement in place, we may share your End User Information with certain third parties, such as our affiliates, technology partners, and certain third parties that provide a portion of the Service functionality, if any. Third party use of your End User Information will fully comply with the terms of this Privacy Policy and, if applicable, the FCC’s CPNI Rules, found at 47 C.F.R. §64.2001 et seq.

Accessibility of Information

Certain privacy and data protection laws provide the end user with the right to inspect, modify, delete, and/or restrict the types of End User Information that we collect, as well as to be informed about the third parties with which we have shared your End User Information.

Section 3. Collected Information.

We collect information, including your End User Information, in a number of ways. Your End User Information may either be Personal Information or Non-Personal Information.

The content of calls handled by our Services is your private information and we do not store your call audio or transcripts nor do we use your call audio or transcripts for any purpose other than providing captions while using our Service. You may choose to store your call transcripts locally on your device. Transcripts stored locally on your device are only accessible by you.

We use the automated speech recognition services of third parties for the transcription of call audio into text. Neither call audio nor transcripts are stored by such third parties or used by such third parties for any purpose other than the delivery of call captions.

Automatically Collected Information

We collect a lot of the information generated from your installation and use of our Services. Most of this information is Non-Personal Information, including Device Information and Log Information (each as defined below), and information derived from cookies or other similar technologies.

We also collect Customer Proprietary Network Information (CPNI) automatically. “CPNI” is information regarding the date, time, destination number, and duration of each call and the type of network you subscribe to. When you use our Services, we collect CPNI related to the phone calls that are initiated or received by you. We collect CPNI in order to provide you with our Services and to submit this information in order to be compensated for your calls. Our use of CPNI is limited by the FCC’s rules governing the use of CPNI (the “CPNI Rules”). See 47 C.F.R § 64.2001, et seq.

“Device Information” is information about your computer, mobile device or other technology used to access and use our Services, including the hardware model and the software systems on such device.

“Log Information” is information we collect from our server logs and is obtained in connection with the use of our Service, and may include the following:

Information Provided by You

We collect the information you provide us when you use our Services, including your Personal Information, such as your name, address, email address, current location, telephone number, date of birth, and last four digits of your social security number, among other information you may provide. At the end of a call, we may request information about your satisfaction with the call you placed or received, including satisfaction surveys and complaint codes, which may either be set responses or free form text. If you choose to respond to these surveys or to submit a complaint, we will use this form of End User Information to improve and/or troubleshoot our Services. To the extent you have also provided us with any materials or content, we may also collect and retain any of your End User Information submitted in connection with same.

Information Provided by Other Technologies

Unless you have opted out, we may also use information derived from other generally available Internet technologies, such as cookies and device identifiers. Information supplied by these technologies provide us additional information about how you interact with our service.

Information Provided by Third Parties

We may be provided with End User Information about you from third parties such as service providers, affiliates, and partners to the extent we have an agreement in place with such third parties to make information about you available to us. The information provided by such third parties may be either Personal Information or Non-Personal Information. If applicable, how these third parties gather and pass along this End User Information to us is governed by the privacy policies of the applicable third party.

Section 4. Our Use of your End User Information

Your End User Information will be used by us principally to provide you with and to improve our Services and to ensure we are compensated for your use of our Services via the FCC Program. We may also use your End User Information to assist our service providers in connection with the provision of the Services to you and our other users. We may also use End User Information to prepare analytical insights and reports related to our business, which reports may contain aggregated or anonymized information; to respond to your inquiries and requests through contact information you have provided us; as necessary to comply with applicable laws and other legal process; and to ensure adherence to our terms of service.

We may combine your Personal Information with Non-Personal Information and other information we may obtain from third parties when we utilize your End User Information for any of the above purposes and other uses of your End User Information for legitimate business purposes, as permitted by this Privacy Policy. When Non-Personal Information and Personal Information is combined, it will be treated as Personal Information pursuant to this Privacy Policy.

Section 5. How Your End User Information is Shared

We do not share or provide your Personal Information with any third party outside of the Company and its affiliated entities, except as specifically included in this Privacy Policy. Any transfer of your End User Information is undertaken in compliance with all applicable privacy and data protection laws. Notwithstanding anything to the contrary set forth in this Privacy Policy, we will only use your CPNI in accordance with the CPNI Rules.

We may share your End User Information (i) with the FCC Program and related authorities, including to ensure we are compensated for your use of our Services, (ii) with our affiliates, (iii) with our service providers to the extent necessary to provide you with the Services, (iv) to prevent violations of law, our terms of service, and/or this Privacy Policy, (v) in connection with a sale or merger of us with another party, (vi) as necessary to facilitate emergency 911 services; and/or (vii) as otherwise required by applicable law.

We use the automated speech recognition services of third parties for the transcription of call audio into text. Neither call audio nor transcripts are stored by such third parties or used by such third parties for any purpose other than the delivery of call captions.

We may also share your End User Information if necessary to protect the safety, rights, or property of other End Users or the Company, and/or to investigate, prevent, or respond to suspected illegal or fraudulent activity, subject at all times to the CPNI Rules with respect to CPNI. To the extent that law enforcement authorities, courts, or regulators, request information or we are otherwise required to disclose information to comply with the law or to meet national security or law enforcement requirements, we may disclose End User Information, subject at all times to the CPNI Rules with respect to CPNI. Finally, we may also disclose information collected about our users, including your End User Information, in connection with the protection and/or exercise of our legal rights and interests, subject at all times to the CPNI Rules with respect to CPNI.

We disclaim and shall have no liability or obligation in connection with any third party actions or omissions concerning your End User Information, including your Personal Information, even if such information was obtained from us in accordance with this Privacy Policy, subject at all times to the CPNI Rules with respect to CPNI. You are encouraged to contact the applicable third party if you experience any issues with respect to such third party’s use of your End User Information.

If we share End User Information with a third party service provider, we will enter into contracts with them or take technological steps to prohibit or limit them from sharing your End User Information, except as necessary to perform on our behalf or in accordance with applicable law.

We also reserve the right to transfer your End User Information to a third party in connection with a sale or merger of our business or parts thereof pertaining to our Services and/or your End User Information (e.g., a sale, merger, or other transfer of assets), or in connection with a corporate restructuring, subject at all times to the CPNI Rules with respect to CPNI.

Section 6. Cookies and Tracking Technologies

A “cookie” is a small file containing your preferences that is sent to your browser and sent back by your browser each time your browser accesses our servers. We use the term “cookies” in this Privacy Policy to refer to cookies and all such similar technologies that collect information automatically when you are using our Services.

We may send your computer or mobile device a cookie or pixel or beacon or other technology that uniquely identifies your browser in connection with the use of our Services. We use cookies and the data derived from such cookies to improve the quality of our Services and your use of those Services, such as to deliver our Services and content available through the services in your language of choice, to deliver the Services in accordance with your preferences, to ensure you are eligible to participate in the FCC Program, and to analyze your interaction with our Services.

The cookies we use can only be read by the server that placed them there. Many browsers are set up to accept cookies unless the user changes the settings for cookies. By properly setting your preferences in your browser, you can control which and what types of cookies are downloaded from the Services. You can review more information about cookies and how to control and delete cookies in various browsers, such as Chrome, Safari, Internet Explorer, and others, please visit https://www.aboutads.info/consumers/. While you may choose to opt out of receiving cookies, certain of our Services may not function correctly without them. You understand and agree to this limitation.

We may utilize web analytics companies to assist us in measuring the effectiveness of our Services in certain instances. We allow these third parties to include their own cookies on the Services when we do so. These web analytics companies collect information including click-throughs by users and other similar information from cookies. This information is used by us to improve our Services, including by understanding overall user preferences, click-through rates, and the types of offers that are of most interest to our users. Although this information is collected by third parties, it is done on our behalf and we retain control over the use of such information, which shall be deemed part of your End User Information for purposes of this Privacy Policy.

For additional information to assist with protecting your data privacy, you may visit https://www.privacyalliance.org.

Section 7. Information Retention

We retain information collected about you generally only as long as is necessary for us to fulfill our business purposes, including ensuring we receive reimbursement for your use of the Services pursuant to the FCC Program and as required by applicable FCC regulations, subject at all times to the CPNI Rules with respect to CPNI. However, we may retain this information for a longer period if required to comply with law or a legal request. We may choose to anonymize certain information you provide to us in certain circumstances, specifically Personal Information, so that it can no longer be attributed to you if we would like to retain it for longer periods of time, subject at all times to the CPNI Rules with respect to CPNI.

The content of calls handled by our Services is your private information and we do not store your call audio or transcripts nor do we use your call audio or transcripts for any purpose other than providing captions while using our Service. You may choose to store your call transcripts locally on your device. Transcripts stored locally on your device are only accessible by you.

We use the automated speech recognition services of third parties for the transcription of call audio into text. Neither call audio nor transcripts are stored by such third parties or used by such third parties for any purpose other than the delivery of call captions.

Section 8. Data Protection

We maintain technical, physical, and administrative security measures designed to provide reasonable security for the information we collect and retain, including your End User Information. The security measures include physical access controls to data centers we use, the use of firewalls, data encryption, and information access authorization controls. Notwithstanding the precautions we take to prevent possible data breaches in our Services and databases, we cannot guarantee that your End User Information will remain completely secure. There can be no assurance that unauthorized hacking, access, data loss, or other breaches will never occur and disclaim all liability in connection with any such activities. Your use of our Services is at your own risk. Notwithstanding our dedication to securing our systems and Services, you remain responsible for securing and maintaining the privacy of your password, if any, used in connection with your use of our Services. You should protect your Personal Information when you are on the Internet, including making sure you use a secure Internet browser.

Section 9. International Usage and Data Transfers

Our Services are not intended for use by end users located outside of the United States or that are otherwise not a “Qualified Person” per the FCC Program. You understand and agree that we make no representation and/or warranty that our Services are legal, appropriate, or available for use in any particular jurisdiction outside of the United States and reserve the right to block any access to our Services outside of the United States. If you decide to access our Services from outside of the United States, you do so at your own risk. You are solely responsible for complying with all local laws, rules and regulations pertaining to the use of our Services. Notwithstanding the foregoing, we reserve the right to limit access to our Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion, including to the extent we believe that they use of our Services is illegal in an applicable jurisdiction.

Our Services are provided from servers and systems located within the United States. If you are not located in the United States, you should be aware that we will transfer your information, including your Personal Information, to the United States where many of our central databases operate. By using our Services, you consent to such cross-border data transfers of your Personal Information and agree to your Personal Information being collected, processed, and transferred as set forth herein and in accordance with U.S. law. The data protection laws and other laws of other countries, such as the United States, may provide a less comprehensive or protective standard of protection than those in your country.

Section 10. Accessing, Reviewing and Changing Your Personal Information.

Generally

Depending on what country (countries located in the European Economic Area for instance) or state (California or Virginia for instance) you are located in, you may have certain legal rights in relation to your Personal Information. You may have the right to request access to your Personal Information that we retain, as well as to seek to update, delete or correct this Personal Information, subject to certain exemptions provided by law. Please contact us via email at privacy@machinegenius.com if you wish to exercise your rights. We cannot guarantee that you will be given access to your Personal Information in all circumstances, except those mandated by law. Additionally, if we are unable to verify your identity or are required to retain certain of your information by law, we may not be able to modify or delete your Personal Information, but will do so in all cases required by applicable law.

California Residents

Under California Civil Code Section 1798.83, which is also known as the "Shine The Light" law, users who are California residents may request from us a list of the Personal Information (if any) that we have disclosed to third parties for direct marketing purposes during in the preceding calendar year, this includes the names and addresses of such third parties. Requests may be made only one time per year. These requests are free of charge. To make a request, please contact us via email at privacy@machinegenius.com. We cannot be responsible for notices that do not have complete information. In the body of such request, you must put the statement "Your California Privacy Rights", as well as your name, street address, city, state and zip code and you must provide enough information for us to determine if this applies to you. Additionally, you must attest to the fact that you are a California resident and provide a current California address.

Section 11. Updates and Amendment to this Privacy Policy

This Privacy Policy may be updated or modified by us at any time and for any reason by posting a revised version of this Privacy Policy on the Services and/or in accordance with the other methods established in our terms of service. You shall be deemed to have unconditionally accepted this Privacy Policy, as so updated, if you continue to use our Services after any such update. You are encouraged to periodically review this Privacy Policy for updates and to ensure that you are familiar with its terms. If you do not agree to this Privacy Policy, you should immediately discontinue accessing or using the Services.

Section 12. Contact Us

If you have questions about this Privacy Policy, or if you would like access to the Personal Information we may have about you in our files, to correct, update or to have us delete it, or if you would like to notify us of your choice to opt-out of any sharing of your Personal Information, please contact us at privacy@machinegenius.com.