Privacy
Policy (Voip)
Effective:
December 1, 2022
Introduction
Gorham
Communications, Inc. and its subsidiaries and other affiliates (“GTC/Gorham Telcom”)
recognizes and supports the privacy rights of all persons, and we respect these
rights when we collect and process personal information (“PI”). We have
developed and adopted this Privacy Policy to describe our privacy values and
guide our processing of personal information. By purchasing, subscribing to, or utilizing
the Products and/or Services, or registering to attend, attending and/or
participating in any GTC/Gorham Telcom sponsored events or other events in
which GTC/Gorham Telcom participates, you agree to be bound to the terms and
conditions of this Privacy Policy.
The
obligations and responsibilities set out in this Privacy Policy are applicable
to GTC/Gorham Telcom and its personnel and will be made available on GTC/Gorham
Telcom website at www.gorhamtel.com. The obligations and responsibilities
set out in the Privacy Policy are in addition to any other applicable policies
or agreements entered into with GTC/Gorham Telcom and any applicable laws
and/or regulations.
General
Statement
GTC/Gorham
Telcom is dedicated to the use of Voice over Internet Protocol (VoIP) and
related technologies to improve the telecommunications industry and the lives
of individuals throughout the world.
GTC/Gorham
Telcom’s goal is to deliver carrier-grade communications services to all its clients,
at a reasonable price and to make available all the benefits that VoIP offers
as broadly as possible. In order to achieve this goal, a Privacy Policy is
necessary.
Scope
At GTC/Gorham
Telcom, privacy matters. GTC/Gorham Telcom respects the privacy of its clients
and other individuals with whom GTC/Gorham Telcom has business interactions
This
policy is global, applying to all GTC/Gorham Telcom locations. It applies to
personal information regardless of format. For example, the policy
applies to computerized records and electronic information as well as
paper-based files.
It is
also applicable to all personal information that is collected, maintained, or
processed by GTC/Gorham Telcom. The concepts enumerated in this policy will guide
GTC/Gorham Telcom selection and expectations of its clients, partners, agents
and/or contractors to whom GTC/Gorham Telcom transfers and relies on for
processing of personal information.
Data
Processor
GTC/Gorham
Telcom provides the technology platform for hosted or “cloud” unified
communications as a service offering (UCaaS). These
Products merely act as a conduit for data transmitted by third parties and
Subscribers. GTC/Gorham Telcom processes personal information that is
controlled by or originated from other companies, such as our clients or other
business partners. GTC/Gorham Telcom also processes personal information in the
course of providing support for GTC/Gorham Telcom communications products.
GTC/Gorham
Telcom shall protect the personal information, comply with all laws that
regulate the processing of such personal information, and process the
information only as authorized by the data controller or the data subject.
Accordingly, and in its role as a data processor, GTC/Gorham Telcom relies on
guidance and direction of the Client (as the data controller), who determines
the purposes of processing such personal information. In some cases, GTC/Gorham
Telcom may collect and process personal information for our own business
purposes and shall comply with the applicable privacy laws concerning GTC/Gorham
Telcom processing.
While GTC/Gorham
Telcom does process data in its role of providing a technology platform, it
does not own, control or direct the use of any of the personal information
stored or processed by any Client or Subscriber. GTC/Gorham Telcom only
processes such personal information in order to provide and invoice for
purchased and/or subscribed Products and Services.
What Information
We Collect or Process
GTC/Gorham
Telcom processes and in certain situations collects personal information as
needed to deliver its Products and Services and manage its business. When
collecting personal information, GTC/Gorham Telcom does so in a reasonable and
lawful manner.
The
types of information and the purposes for which GTC/Gorham Telcom collects or
processes personal information may include:
Indirect
End User Phone Contact Information (Personal Identifiable Information)
GTC/Gorham
Telcom acts as a data processor with regard to indirect end user personal
identifiable information and our clients act as the data controller of such
data. In the course of GTC/Gorham Telcom processing and protection of such
data, all use will be in conformity with the data controller’s instructions.
Specifically,
only when enabled via system permission on GTCvoice
Mobile App Android and GTCvoice Mobile App iOS, GTC/Gorham
Telcom shows personal contacts within the respective application. When the user
sends an SMS message to one of his/her phone contacts, or when the user
initiates a call to one of his/her phone contacts, the phone number is sent
securely through GTC/Gorham Telcom API. GTC/Gorham Telcom does not store this
number with any other PII, and it cannot be directly or indirectly attributed
to any person or persons; GTC/Gorham Telcom stores only the phone number and
pertinent metadata so as to be compliant with all applicable state and federal
laws, and GTC/Gorham Telcom does not share this data with any advertisers or
third parties under any circumstances. A user can revoke phone contact access
on his/her mobile device at any time, and his/her app experience is not
hindered or interrupted.
GTCvoice Mobile App Android and iOS also uses
Gravatar, only when enabled via Settings and UI Configs, which is a service
that provides avatar images linked to the MD5 hash of the user’s email address.
This means that, only when Gravatar use is enabled, we hash each contact’s
email address and send it to Gravatar to try and retrieve an avatar image. MD5
hashes cannot be directly or indirectly attributed to any person or persons,
and we only send the MD5 hash to Gravatar, never the email address in plain
text. As with phone contacts, a user can revoke Gravatar access at any time in
Settings or via UIConfig, and his/her app experience
is not hindered or interrupted.
CLIENTS
GTC/Gorham
Telcom uses such personal information only for relevant, appropriate, and
customary purposes. GTC/Gorham Telcom will not share or disclose personal
information for purposes other than as described herein. Capitalized terms used
in this Privacy Policy shall have the meaning as given in Client’s Master
Services Agreement (MSA). The following are examples of some of the personal
information GTC/Gorham Telcom may process.
Business
Contact Information:
GTC/Gorham
Telcom may collect and use personal information about individual contacts of Clients
and others who access GTC/Gorham Telcom public websites, knowledge bases,
forums, ticket systems, or provide personal information through other means.
Such information may include but is not limited to account information,
first/last name, company name, title, and responsibilities, work email address,
work mailing address, telephone numbers, login information, device identifiers,
as well as additional information provided by such individuals in the course of
receiving Products and Services from GTC/Gorham Telcom and/or requesting
information about GTC/Gorham Telcom. We will use such information for the
purposes of providing Products and Services, support, conducting data analytics
and product assessments and related activities, and providing information
regarding GTC/Gorham Telcom Products and Services.
Customer
Proprietary Network Information (CPNI):
Customer
Proprietary Network Information (CPNI) may include information regarding
quantity, destination, technical configuration, location, amount of use and
related billing information of telecommunications, interconnected and/or
non-interconnected Voice over Internet Protocol (VoIP) services. This may
include but is not limited to the phone numbers that you call or send messages
to (or the phone numbers that you receive these calls and messages from) through
our Products and Services. The date, time and duration of the calls may
also be collected. This data is used for billing and service level
assurance.
GTC/Gorham
Telcom provides Products and Services that are primarily for the benefit of Clients
and Subscribers in that GTC/Gorham Telcom transmits, routes,
switches or caches information. These Products and Services merely act as a
conduit for data transmitted by third parties and Subscribers. GTC/Gorham
Telcom does not determine the purposes and means of processing this personal
information. Except for Subscriber data provided by the Client (the Subscribers
service provider) for which GTC/Gorham Telcom is merely providing a conduit for
transmission, the subscribed services are of such a nature that, in most instances,
GTC/Gorham Telcom requires and collects only essential CPNI and billing
information; and opting out or declining to provide the requested data may
hinder the provision or delivery of subscribed services. However, for CPNI data
that is collected by GTC/Gorham Telcom that is not subject to the control of
others, GTC/Gorham Telcom shall obtain consent from the user for the processing
of this data.
GTC/Gorham
Telcom collects end-user CPNI in the course of providing Product support. This
data may pertain to Clients of GTC/Gorham Telcom or Subscribers (eg: end users of GTC/Gorham Telcom direct Clients). This
data may include IP address, telephone number, email address, call detail
records, call recordings and other information sufficient to identify an individual
end user.
Indirect
End User’s CPNI:
GTC/Gorham
Telcom acts as a data processor with regard to indirect end user personal
information and our clients act as the data controller of such data. In the
course of GTC/Gorham Telcom processing and protection of such data, all use
will be in conformity with the data controller’s instructions.
Direct
End User’s CPNI:
GTC/Gorham
Telcom typically collects and processes direct end user (eg:
Clients, vendors, and partners) personal information for the purposes of
providing Products and Services, support, conducting data analytics and
managing product performance.
Messaging,
Voicemail, Video and Media Files:
GTC/Gorham
Telcom provides Products and Services that facilitate the recording and storage
of audio and video by way of features such as but not limited to voicemail,
call and conference recording. Users may elect to store or record
personal information within these resources at their discretion. Some
recordings will be played as greetings messages to callers.
Anonymized,
Non-Identifying Voice and Traffic Data
GTC/Gorham
Telcom may use anonymized, non-identifying data collected from use of our SNAPsolution, SNAPvantage and
other GTC/Gorham Telcom Products and Services. This anonymized, non-identifying
data may be used to enhance such items, but is not limited to, voice
activation, improve traffic analysis algorithms and techniques, and recognition
algorithms. This processing is executed under applicable terms and supports GTC/Gorham
Telcom’ legitimate interests in tuning, maintaining and enhancing these
Products and Services.
Cookies
GTC/Gorham
Telcom websites may use cookies to collect certain kinds of personal
information about Subscribers or users. For more information on how GTC/Gorham
Telcom uses cookies and choices available to Subscribers and users please refer
to the following section.
How We
Collect Information
We
collect information in various ways, including the following:
When
you use one of our Products or Services, GTC/Gorham Telcom collects, and stores
certain information that you provide directly. We also collect information
about your use of the Products and Services.
Cookies
and Similar Collection Methods
GTC/Gorham
Telcom also collects technical information about your usage of the Products and
Services, and we use various technologies to collect information about cookies,
IP addresses, device type and device identifiers, application state and the
date and time of activity with our Products and Services, and other similar
information. GTC/Gorham Telcom may associate this information with your user
identification and/or account number for our internal use.
Other
Passive Site Tracking
Websites
may also utilize Internet Protocol (IP) addresses and log files to identify
network and server concerns and problems. GTC/Gorham Telcom also utilizes web
beacons and other passive tracking mechanisms to perform standard website
traffic analysis in a similar manner to how we utilize cookies.
Credit
Card Information
GTC/Gorham
Telcom only collects credit card information in order to bill for purchased or
subscribed to Products and Services. GTC/Gorham Telcom utilizes third-party
credit card payment processing agents (where these agents are required to
implement reasonable and appropriate measures to protect and secure this
information from loss or misuse) solely for the purpose of processing payments
for those Products and Services purchased or subscribed to. These payment
processors use of your personal information is governed by their privacy
policies, as well as adhering to the standards set by PCI-DSS as managed by the
PCI Security Standards Council, which is a joint effort of brands like American
Express, Visa, Mastercard, and Discover.
HOW
DOES GTC/Gorham Telcom UTILIZE COOKIES
General
Information about Cookies
A
cookie (also known as an HTTP cookie, web cookie, or browser cookie) is a small
piece of data sent from a website and stored in a user’s web browser while the
user is browsing that website. Every time the user loads the website, the
browser sends the cookie back to the server to notify the website of the user’s
previous activity. Cookies were designed to be a reliable mechanism for
websites to remember useful information (such as items in a shopping cart) or
to record the user’s browsing activity (including clicking particular or
specific buttons, logging in or recording which pages were visited by the user
as far back as months or years ago).
Utilization
of Cookies
A visit
to a page on any GTC/Gorham Telcom website may generate the following types of
cookie(s):
Anonymous
Analytics Cookies
Every
time a user visits a GTC/Gorham Telcom website, software provided by another
organization (such as Google Analytics) generates an ‘anonymous analytics
cookie’. These cookies can tell us whether you have visited the site before.
Your browser will inform us if you have these cookies and, if you don’t, our
website generates new ones. This allows GTC/Gorham Telcom to track how many
individual users we have and how often they visit the site. Unless you are
signed in to (or any other GTC/Gorham Telcom website), we cannot use these
cookies to identify individuals. We use these cookies to gather statistics: for
example, the number of visits to a page. If you are logged in to the GTC/Gorham
Telcom website, we will also be provided the details you gave to us for this,
such as but not limited to your username and email address.
Registration
Cookies
When
you register with a GTC/Gorham Telcom website, GTC/Gorham Telcom generates
cookies that inform us whether you are signed in or not. Our servers use these
cookies to determine which account you are signed in with and whether you are
allowed access to a particular Product or Service.
Advertising
(Ad) Cookies
These
cookies allow GTC/Gorham Telcom to know whether you’ve seen a specific ad or
the type of ad, and for how long you have viewed it. We also utilize cookies
to help us direct targeted advertising.
Other
Third-Party Cookies
On some
pages of our websites, other organizations may also set their own anonymous
cookies. They do this to track the success of their products and/or services,
or to customize the experience for you. Because of how cookies function, our
websites cannot access these Third-Party cookies, nor can the other
organization access the data in cookies GTC/Gorham Telcom uses on our websites.
For example, when you share an article or post using a social media
sharing button (Facebook, LinkedIn or other social media outlets) on, the
social network that has created the button will record that you have done this.
How Do
I Turn Cookies Off
It is
usually possible to stop your browser accepting cookies, or to stop it
accepting cookies from a specific website. Most modern browsers allow you
to change your cookie settings. You can usually find these settings in the
‘options’ or ‘preferences’ menu of your browser. To understand these settings,
you can use the ‘Help’ option in your browser for more details. It is solely
your responsibility to stop cookies in your browser.
Note:
If you block the use of cookies, then this will limit the service that we are
able to provide to you and may affect your visitor/user experience.
VENDORS,
SUPPLIERS AND SUBCONTRACTORS
GTC/Gorham
Telcom may collect personal information about individuals who are employed by
our suppliers and vendors. This business contact and payment information are
strictly used to administer existing and future business arrangements.
OTHERS
Additional
personal information may be collected, processed and disclosed for the purposes
for which it was collected and for legal compliance purposes, including
regulatory reporting, investigation of allegations of wrongdoing, and the
management and defense of legal claims and actions, and compliance with
subpoenas, court orders, and other legal obligations. For example, we may
collect information about individuals that visit our office or other
facilities. When we do collect data, such collection shall be relevant,
proportionate and limited to the purposes for which they are processed.
CHOICE
Individuals
will be offered a clear, conspicuous, and readily available mechanism to choose
(opt-out) whether their personal information is (1) to be disclosed to a third
party (other than a third party acting as an agent to perform tasks on behalf
of and under the instruction of GTC/Gorham Telcom or (2) to be used for a
purpose that is materially different than or incompatible with the purpose for
which it was originally utilized or subsequently authorized by the individual.
Additionally,
individuals will be offered a similar choice mechanism to give affirmative or
explicit (opt in) choice whether their sensitive personal information is to be
disclosed to a third party or used for a purpose other than the purposes for
which it was originally collected or subsequently authorized by the individual
by opt-in choice. However, explicit (opt in) choice is not required when the
disclosure of the sensitive personal information is (1) in the vital interests
of the individual or another person; (2) necessary for the establishment of
legal claims or defenses; (3) required to provide medical care or diagnosis;
(4) necessary to carry out the organization’s obligations in the field of
employment law, or (5) related to personal information that is manifestly made
public by the individual.
Recourse
Mechanisms for Personal Data Transferred Under Privacy Shield
Inquiries
or complaints regarding transfers of personal data from the EU, United Kingdom
and Switzerland to the U.S. pursuant to Privacy Shield should be directed to:
GTC/Gorham
Telcom, Inc.
PO Box 235, 100 Market St., Gorham, KS
67640
Email: gtc@gorhamtel.com
GTC/Gorham
Telcom has further committed to refer unresolved privacy complaints under the
Privacy Shield Principles to an independent alternative dispute resolution
mechanism. GTC/Gorham Telcom has selected JAMS Mediation, Arbitration and ADR
Services (JAMS) as the administrator of GTC/Gorham Telcom independent recourse
mechanism for Privacy Shield disputes. GTC/Gorham Telcom has committed to refer
such unresolved Privacy Shield complaints to JAMS in the United States. If you
do not receive timely acknowledgment of your complaint, or if your complaint is
not satisfactorily addressed, you may find more information about dispute
resolution and how to file a claim with JAMS at
https://www.jamsadr.com/eu-us-privacy-shield.
Individuals
have the possibility, under certain conditions, to invoke binding arbitration
for complaints regarding Privacy Shield compliance not resolved by any of the
other Privacy Shield mechanisms. Please visit Privacy Shield Annex I for
additional information.
Liability
In the
context of an onward transfer of personal information, the GTC/Gorham Telcom
has responsibility for the processing of personal information they receive
under the Privacy Shield and subsequently transfers to a third-party agent. The
GTC/Gorham Telcom Privacy Shield Company will remain liable under the Privacy
Shield Principles if their third-party agent processes such personal
information in a manner inconsistent with the Privacy Shield Principles unless
the GTC/Gorham Telcom Privacy Shield Company proves that it is not responsible
for the event giving rise to the damage.
Accountability
for Onward Transfer
GTC/Gorham
Telcom will only transfer or provide direct access to personal information
covered by this policy to third parties that have:
Additionally,
GTC/Gorham Telcom is committed to subjecting all personal information received
from European Union (EU) member countries, the United Kingdom (UK), and
Switzerland, in reliance on the EU-US and Swiss-US Privacy Shield Frameworks,
to the Privacy Shield Frameworks’ applicable Privacy Shield Principles. GTC/Gorham
Telcom will only transfer or provide direct access to EU, UK and Swiss personal
information covered by this policy to third parties that:
Accordingly,
GTC/Gorham Telcom requires the following of its onward transfer agents:
How We
Use the Information We Collect
We use
your information primarily and as necessary to provide you with the various GTC/Gorham
Telcom Products and Services, including
but not limited to one or more of the following ways: to create your accounts
and allow use of our Products, to provide technical support and respond to
Client inquiries, to prevent fraud or potentially illegal activities, enforce
our other agreements with you, to notify Clients of application updates, and to
inform Clients about new products or promotional offers.
SENSITIVE
INFORMATION
GTC/Gorham
Telcom recognizes that for some sensitive information, affirmative express
consent from individuals is required and must be obtained if such information
is to be (i) disclosed to a third party or (ii)
processed for a purpose other than those for which it was originally collected
or subsequently authorized by the individuals through the exercise of opt-in
choice. In addition, GTC/Gorham Telcom shall treat as sensitive any
personal information received from a third party where the third party
identifies and treats it as sensitive.
SERVICE
PORTALS
If you
have created a user profile on any GTC/Gorham Telcom service portal (eg: Knowledge Base), you may access and revise the personal
information in your user profile when you log into your account. In general,
these portals will only require minimal personal information that is necessary
to provide and administer the service.
MARKETING
MATERIALS
If you
provide us with your email address or other business contact information to
enable us to provide communications and information to you, we may use the information
for providing such communications including the delivery of press releases and
other GTC/Gorham Telcom marketing materials. You may request to no longer
receive GTC/Gorham Telcom marketing communications by following the
“unsubscribe” instructions in emails from GTC/Gorham Telcom or by sending a
request to the contact identified below.
In the
rare and unlikely event that GTC/Gorham Telcom wishes to use an individual’s
personal information for a purpose that is materially different from the purpose(s)
for which it was originally collected or subsequently authorized by the individuals;
GTC/Gorham Telcom will seek consent in advance as required by applicable law.
Sharing
Your Information
We may
disclose or report information that individually identifies Clients,
Subscribers or devices in certain circumstances, such as:
(i) if we have a good faith belief that we are required to
disclose the information in response to a valid legal process (for example, a
court order, search warrant or subpoena, or to defend or respond to legal
actions, and as otherwise authorized by law, or in response to lawful requests
by public authorities, including to meet national security or law enforcement
requirements); (ii) to satisfy applicable laws, (iii) if we believe that the
Products and Services are being used in an unauthorized, unlawful or abusive
manner, such as to commit a crime, including to report such criminal activity
or to exchange information with other companies and organizations for the
purposes of fraud protection and credit risk reduction, (iv) if we have a good
faith belief that there is an emergency that poses a threat to the health or
safety of a person or the general public, (v) in order to protect the rights or
property of GTC/Gorham Telcom, including enforcement of our Intellectual
Property Rights and terms of the Agreement(s), and (vi) for all other purposes
with your consent. We may also provide your information to third party
companies to perform services on our behalf, including but not limited to payment
processing, data analysis, message delivery, hosting services, customer
service, and marketing.
If GTC/Gorham
Telcom enters into a merger, acquisition or sale of all or a portion of its
assets or business, Client and Subscriber information, including personal
information, will also be transferred as part of or in connection with the
transaction as per applicable law.
INFORMATION
DISCLOSURE
Internal
Disclosure
In
general, personal information may be shared within GTC/Gorham Telcom, where
legally permitted for reasonable and appropriate corporate purposes. However,
even within GTC/Gorham Telcom, we restrict access to personal information to
those employees, agents, or contractors who need access to carry out their
assigned functions.
External
Disclosure
GTC/Gorham
Telcom uses vendors and partners for a variety of business purposes, such as to
help us develop, deploy and invoice for the various Products and Services we
provide. We share information with those vendors and partners when it is
necessary for them to perform work on our behalf. GTC/Gorham Telcom requires
that these vendors and partners protect the customer information we provide to
them and limit their use of such information to their respective processing
activity. GTC/Gorham Telcom will only transfer or provide direct access to
personal information covered by this policy to third parties that have made a
commitment to respect the privacy rights of the data subject; limit processing
of personal information to comply with data controller instructions; and
provided GTC/Gorham Telcom contractual assurances that they will provide at
least the same level of privacy protection as is required by applicable privacy
laws.
Security
of Your Information
We
implement security measures we believe are reasonable to protect your
information. It is important that you protect and maintain the security of your
account and you need to immediately notify us of any unauthorized use of your
account. Remember, no method of transmission over the Internet, or method of electronic
storage is 100% secure. While we strive to use commercially acceptable means to
protect your personal information, we cannot and do not guarantee its absolute
security.
Protecting
Personal Information
To help
protect the confidentiality of personal information, GTC/Gorham Telcom employs
security safeguards appropriate to the sensitivity of the information and in
accordance with this Privacy Policy. These safeguards include reasonable
administrative, technical and physical measures to safeguard the
confidentiality and security of personal information against anticipated
threats and unauthorized access to personal information. No transfer of your
personal information will take place to an organization or a country unless
there are adequate controls in place including the security of your data and
other personal information. Additionally, we convey safeguard obligations to
our agents who receive personal information from or on behalf of GTC/Gorham
Telcom in the course of their relationship with our organization as described
above in the section titled External Disclosure.
Transfer
of Data
Your
information, including personal information, may be transferred to, and
maintained on, computers, servers or other data storage located outside of your
state, province, country or other governmental jurisdiction where the data
protection laws may differ than those from your jurisdiction. If you reside
outside the United States and choose to provide information to GTC/Gorham
Telcom, please note that we transfer the data, including personal information,
to the United States and process it there.
Your
consent to this Privacy Policy followed by your submission of such information
represents your agreement to that transfer.
Retention
of Data
Personal
information collected by GTC/Gorham Telcom will be retained for as long as
necessary and legally permitted for the purposes for which it was collected, to
provide you with Products and Services, enforce our legal agreements and
policies and to conduct our legitimate business interests or where otherwise
required by law.
Data
Integrity
GTC/Gorham
Telcom employs reasonable means to keep personal information accurate,
complete, and current, as needed for the purposes for which it was collected.
How to
Access and Update Your Information
We
generally provide individuals with an opportunity to examine their own personal
information, confirm the accuracy and completeness of their personal
information, and have their personal information updated, if appropriate.
The
ability of an individual to access his or her personal information is not
unlimited, however. An individual’s ability to access personal
information may be limited, for example, where (i)
the burden or expense of providing access would be unreasonable or
disproportionate to the risks to the individual’s privacy, (ii) the information
should not be disclosed due to legal or security reasons or to protect
confidential commercial information; or (iii) providing access would compromise
the privacy of another person.
If you
have created a user profile on a portal, you may also access and revise the
personal information in your user profile when you log into your account.
Individuals
who wish to access or update their personal information not accessible via a
portal should direct such communications to GTC/Gorham Telcom at:
Third-Party
Websites, Plugins or Widgets
GTC/Gorham
Telcom websites, Products and/or Services may include social network or other
third-party plugins and widgets not operated by us. Accessing these links to
other sites is done at your own option and is not part of any GTC/Gorham Telcom’
offerings. GTC/Gorham Telcom has no control over and assumes no responsibility
for the content, privacy policies or practices of any third-party sites or
services. We strongly advise you to review each privacy policy provided
at the respective site.
Health
Insurance Portability and Accountability Act
The
Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) is United
States legislation that provides data privacy and security provisions for
safeguarding medical information. Client acknowledges and agrees that unless
the GTC/Gorham Telcom Products and Services description expressly states
otherwise, the Products and Services do not comply with the requirements of the
Health Insurance Portability and Accountability Act, as amended, and its
implemented regulations. Unless the Products and Services description expressly
states otherwise, Client agrees that it will not use the Products and Services
to create, receive, transmit, maintain, store, use, disclose, or otherwise
cause the Products and Services to handle Protected Health Information (“PHI”)
as defined under HIPAA. Client retains complete and full responsibility to
ensure that the Products and Services are only applied to use-case scenarios
where the Products and Services do provide the necessary level of security and
privacy protections. CLIENT’S AGREEMENT TO THIS PROVISION IS A MATERIAL
CONDITION OF MAKING THE PRODUCTS AND SERVICES AVAILABLE TO CLIENT. In addition
to any indemnity requirements in these Terms, Client shall indemnify, defend
and hold harmless Company, Company Affiliates and all of the directors,
officers, managers, partners, employees, agents, representatives, heirs,
successors and assigns of Company and each of Company’s Affiliates against all
actions, claims, losses, penalties, fines, assessments, administrative costs,
credit protection costs, damages and expenses (including reasonable attorneys’
fees) arising out of Client’s violation of the provisions of this section,
caused in whole or in part by any act or omission of Client, or of anyone
employed by or acting as a subcontractor, representative or agent of
Client. Any limitation on liability set forth in the terms of the Master
Services Agreement or any other agreement between Company or its Affiliates and
Client shall not apply to Client’s liability under this provision.
Changes
to Our Privacy Policy
GTC/Gorham
Telcom reserves the right to change this Privacy Policy at our discretion
subject to business or legal requirements. You are advised to review and check
this Privacy Policy from time to time and particularly before you provide
personal information to GTC/Gorham Telcom. Changes to this Privacy Policy are
effective when they are posted on this page. By continuing to use our Products
and/or Services you are agreeing to be bound by any changes or revisions made
to this privacy policy.
Contacting
Us
If you
have any questions, comments, or concerns regarding our Privacy Policy or practices,
please send an email to gtc@gorhamtel.com or write to GTC/Gorham Telcom at
the following address:
GTC/Gorham
Telcom , Inc.
PO Box 235, 100 Market St., Gorham, KS
67640