Effective From: 24/09/2020
Last Updated on: 15/04/2022
Privacy Policies, as may be amended from time to time.
In these Privacy Policies, the following capitalized terms shall have the following meanings, except where the context otherwise requires: “Account” means an account created by a User on the App as part of Registration
“App” refers to mobile application, platform, servers, website, source code, desktop application and software associated with “Communicator” and developed by COMMCHAT that enables the User to commence instant messaging, calls, video-calls, group calls and file sharing.
“Device” means the mobile phone, tablet PC, personal computer or laptop used by the User to enable the services of the App.
“Identity Information” means any external, biological or physical information or any other information which individually or jointly can identify a person or a system, his/her name, address, Date of birth, mother’s name , father’s name, National identity , birth and death registration number, finger print, phone number, email address, passport number, bank account number , driver’s license , E-TIN number, Electronic or digital signature, login information, username, Credit or Debit card number, voice print , retina image , iris image , signature, DNA profile, Security related questions and/or any other identification.
“Information” means any identity information, registration information, any data, contacts, and/or information including, without limitation, reviews, responses, account entries, posts, questions, videos, text, video, documents, customer support information, audio, recordings, images (including photographs), login data, offline/online status, location and audios, images/photograph and/or videos collected through User’s device’s camera, audio recorded and/or transmitted through User’s device’s microphone sensors that User uploads, posts, transmits, or otherwise disseminates using, or in connection with, COMMCHAT's Services.
“Contacts” Contacts mean all regularly updated contacts from User’s mobile phone or email address book; as authorized by the User to COMMCHAT to obtain such contacts to enable the App’s Services.
“Registration Information” means information, password, phone number, and/or email address provided by the User for creating an account with the App.
"Services" means all the services provided by the App and/or subsequent and relevant services or benefits deriving out of the App; which includes online-offline messaging, messaging related features, sharing document, texts, contact, video, audio and images (including photographs) through attachments, file transfer and emoji.
“COMMCHAT” means CommChat AG and shall include its Affiliates and Subsidiaries
"Third Parties" means any natural or legal person or entity other than COMMCHAT
“User" means User using Communicator App and may also include plural form of the word in cases.
3. PREVALENT ISSUES ABOUT THE APP AND THE SERVICES
We welcome your comments regarding the Apps and the Service. If you elect to provide or make available suggestions, comments, ideas, improvements, or other information or materials to us (“Suggestions”) in connection with or related to the Apps or Service, you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable license, with the right to sublicense, to use and disclose such Suggestions in any manner and via any media the COMMCHAT chooses, without reference to its source and without any other obligation.
4. TERMS OF SERVICE
5. INFORMATION WE COLLECT
Information deriving out your usage of the App, usually gets stored on your device. However, occasionally we may collect such information for our server and cloud system for data processing and encryption purposes. Above mentioned Information are as follows:
5.1 Voluntarily Provided Information:
5.1.1 Account or Registration Information: When you register an account with us, we may collect your name and contact details, such as your email address, phone number, username, and login credentials. During your interaction with the App, we may further collect your nickname, profile picture, country code, language preference or time zone information into your account.
5.1.2 Feedback: When using feedback and suggestion features in the App, we will collect your email address, mobile phone number and your feedback content to address your problems and solve device failures on a timely basis.
5.1.3 Messages: Messages transmitted through the App shall be stored on your own device. In case of undelivered messages, the App will automatically store the message in the server in an encrypted state, in order to deliver the message for the time being. However, the undelivered message stored with the server shall be deleted, once it is being successfully delivered to its recipient.
5.1.4 Transmitted Information: Information transmitted, shared and posts about or effecting you made by yourself or by other Users.
5.1.5 Location Information: Information that derived from your or other user’s post or via transmitted information that contain location information.
5.2 Automated Information:
5.2.1 Device Information: When you interact with the App, we automatically collect device information, such as the MAC address of your devices, GPS, Wi-Fi, compass, accelerometer, IP address, scripts or E-Tags, wireless connection information, operating system type and version, application version number, push notification identifier, log files, and mobile network information.
5.2.2 Contacts: The App will update, upload, process and sync all of your contacts automatically, in pursuance to your authorization provided to us; thereby we can get the optimum service from the App.
5.2.3 Usage Data: During your interaction with our Sites and Services, we automatically collect usage data relating to visits, clicks, downloads, messages sent/received, and other usage of our Sites and Services.
5.2.4 Logging Information: When you use our app, your login information shall be collected in order to facilitate the services of the Apps.
5.2.5 Location Information: We may collect information about your real-time precise or non-precise geolocation when you use the App.
5.2.6 Online or Offline Status: The App will automatically collect your online or offline status in order to understand whether you are using the App’s services or not.
5.3 Other Sources of Information
4.3.1 Information from other App Users: The App may come to receive information regarding you through other users of the App and availing its services.
5.3.2 Third Parties: COMMCHAT may also receive information about you from third parties, in order to further improve, update, research, comprehend, modify, and market the App and its services.
6. PURPOSES FOR PROCESSING YOUR INFORMATION
COMMCHAT (i) gathers, (ii) uses, (iii) manages, (iv) preserves and (v) may share your information provided by you or gathered by us for all purposes necessary to ensure the proper functioning and operation of the App. These purposes may include (collectively the "Purpose"):
6.1 Provide You Services:
6.2 Improve Our Services:
6.3 Non-marketing Communication:
6.4 Record of search inquiries:
We process your information of search inquiries in order to provide you with prompt access to your previous searches.
7. LEGAL COMPLIANCES
We may process your information as we believe to be necessary or appropriate: (a) to comply with applicable laws and regulations; (b) to comply with legal process; (c) to respond to requests from public and government authorities (d) to enforce our terms and conditions; (e) to protect our operations, business and systems; (f) to protect our rights, privacy, safety or property, and/or that of other users, including you; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. If there is any change in the purposes for processing your information, we will inform such change to you via email and/or a prominent notice on our website of such changes of purposes, and choices you may have regarding your information.
8. INFORMATION SHARING
Other than in regards to your consent, COMMCHAT may only share your information to the third party with the following recipients:
8.1 To our third-party service providers who perform certain business-related functions for us, such as website hosting, data analysis, payment and credit card processing, infrastructure provision, IT services, customer support service, e-mail delivery services, and other similar services to enable them to provide services to us.
8.2 To our business partners and/or affiliates who provide you with services, directly or indirectly, in respect to networks and systems through which you access and use our App.
8.4 To an affiliate or other third party in the event of any reorganization, acquisition, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings). In such an event, you will be notified via email and/or a prominent notice on the App, for any change in ownership, incompatible new uses of your information, and choices you may have regarding your information.
8.5 With our subsidiaries or affiliates, in order to carry out regular business activities; as may become necessary:
(a) to comply with applicable laws and regulations;
(b) to comply with legal process;
(c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence;
(d) to enforce our terms, policies and conditions;
(e) to protect our operations, business and systems;
(f) to protect our rights, privacy, safety or property, and/or that of other users, including you;
(g) to allow us to pursue available remedies or limit the damages that we may sustain.
We use commercially reasonable methods of physical, administrative, and technical safeguards to preserve the integrity and security of your information. COMMCHAT provides various security strategies to effectively ensure your information’s security of user and device. As for device access, COMMCHAT proprietary algorithms are employed to utmost level in order to ensure data isolation, access authentication and by applying authorization. Whereas for data communication, purposes communication using security algorithms, transmission encryption protocols and commercially apex level of information encryption transmission based on dynamic keys are supported. As for data processing, strict data filtering and validation and complete data audit are applied. As for data storage, all confidential information of users will be safely encrypted for storage. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you could immediately notify us of the problem by emailing to: firstname.lastname@example.org
10. INFORMATION RETENTION
12. YOUR RIGHTS
If you are concerned regarding the control over your information or have any questions about your information, then you may exercise any of the following rights:
Via the “Account > __________” or via “Account > FAQ & Feedback” in the App.
By emailing us at email@example.com
12.1 You do not have to pay a fee for executing your personal rights.
12.2 As the COMMCHAT is registered within Switzerland, therefore Federal Act on Data Protection, 1992 and the Ordinance to the Federal Act on Data Protection, 1993 of Switzerland applies to our processing of your information, even if you do not live in Switzerland. Conversely, for Users enabling the service of the App from United States of America then Fair Information Practices shall apply in that case. Whereas, for User enabling the service of the App from European Union then General Data Protection Regulation shall apply in that regards. Moreover, for Users enabling the service of the App from Bangladesh, the Digital Security Act, 2018 shall apply in that respect.
12.3 We will usually respond to you within 10 business days;
12.4 If you decide to email us, in your request, please make clear what information you would like to have changed, whether you would like to have your Information deleted from our database or otherwise let us know what limitations you would like to put on our use of your information. Please note that we may ask you to verify your identity before taking further action on your request, for security purposes.
12.5 The below mentioned are the lists of possible remedies that we will be able to provide you with:
i. Request access to the information that we process about you.
ii. Request that we correct inaccurate or incomplete information about you
iii. Request deletion of information about you
iv. Request restrictions, temporarily or permanently, on our processing of some or all information about you.
v. Request transfer of information to you or a third party where we process the information based on your consent or a contract with you, and where our processing is automated
vi. Opt-out or object to our use of information about you where our use is based on your consent or our legitimate interests.
vii. If you may want to download a copy of your information from Communicator, then please the underlying instructions: Accounts>>____
12.6 For Account deletion purposes, please follow the instruction provided below: About Deletion of the Account: You can find the Delete function through: “Accounts>>Profile>>Delete Your Account”
13. LIMITATION OF LIABILITY AND RELEASE
15. GOVERNING LAW & DISPUTE RESOLUTION
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with foundation and limits the manner in which you can seek relief from us.
17. CONTACT US
Esplanade de Pont-Rouge 4, 1212 Grand-Lancy, GE, Switzerland