Personal and Other Information We Collect
Through your interaction with and use of the Services or the use of our website, including for the purpose of making Electronic Payments, you acknowledge that ATL may collect Personal Information, which is information that identifies an individual or relates to an identifiable individual. Personal Information may include, but is not limited to, a person’s name, physical address, telephone number, e-mail address, account information, company affiliation and associated interests.
Personal Information may also be part of the data that reside on ATL or third-party systems to which ATL is provided access to perform Services (including the SOMOS/800 Administrator).
ATL may also collect Other Information through the Customer’s use of Services and/or our website which does not reveal the Customer’s specific identity or does not directly relate to an individual. Other Information may include, but is not limited to, browser and device information, data collected through automated electronic interactions, application usage data, demographic information, geographic or geo-location information, statistical and aggregated information.
How We Use and Share Information
ATL uses and shares the Personal Information it collects (unless otherwise restricted by applicable law) to:
Process Transactions and Accept Electronic Payments. Those who engage in transactions with ATL are asked to provide additional information, including as necessary, the personal and financial information required to process those transactions. In each case, ATL collects such information only insofar as is necessary or appropriate to fulfill the purpose of the Customer’s interaction with ATL. By activating the Electronic Payment service on our website, you authorize ATL or its authorized agent to debit or charge your account which allows your payment to be forwarded to us, based on the payment instructions you provide.
Perform Services and Provide Support. ATL may use Personal Information to perform Services under the Customer’s Master Services Agreement and any Customer Transaction Orders entered into with Customer for the reservation, assignment, management and/or troubleshooting of Toll-Free Service numbers.
Comply with Legal Requirements and Corporate Transactions. ATL may access, preserve and share Personal Information or Other Information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so or when ATL believes in good faith that disclosure is reasonably necessary to protect the property or rights of ATL, third parties or the public at large. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction and is consistent with internationally recognized standards. We may also access, preserve and share Personal Information and Other Information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm.
Additionally, in the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), we may transfer the Personal Information or Other Information we have collected to the relevant third party.
Some of the Personal Information uses specified above are not mandatory and may be controlled by you. Please refer to the “Privacy Choices” section below for information on available use preferences or opt-out options.
We may use, transfer, and disclose Other Information we collect for any purpose, except where applicable law requires otherwise. If we are required to treat Other Information as Personal Information under applicable law, then we will only use it in the same way that we are permitted to use and disclose Personal Information.
ATL WILL NOT RENT OR SELL PERSONAL INFORMATION TO ANYONE.
Retention and Deletion
Preference and Opt-Out Mechanisms
ATL believes in permission-based marketing and tracking and provides Customers with the following options to customize and control the Customer’s preferences. If Customer has a problem with any of the choice mechanisms listed below, please contact ATL directly.
E-mail and Profile Information
To customize and control the Customer’s preferences for receiving electronic information, including opting into (or out of) newsletters and general interest areas through the Customer’s profile, contact ATL directly. The Customer may opt out of E-mail marketing at any time. Please contact ATL directly.
Cookie and Widget Preferences
Other Websites and Services
The security of your Personal Information is very important to ATL. We use physical, electronic, and administrative safeguards that are designed to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction. In addition, ATL uses standard security protocols and mechanisms to exchange the transmission of sensitive data such as credit card and bank account details. We also utilize additional security devices, such as firewalls, security patches and anti-virus programs, to protect Personal Information. We cannot, however, guarantee the confidentiality or security of your browser or any communication transmitted or accessible over the Internet. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
ATL does not represent, warrant or guarantee that Personal Information will be protected against unauthorized access, loss, misuse or alterations. Similarly, ATL disclaims liability for Personal Information submitted through its website. Customers and Users are hereby advised that they submit such Personal Information at their own risk. In the event that Personal Information is acquired, or you or ATL reasonably believes that your Personal Information has been acquired, by an unauthorized person and applicable law requires notification, ATL will promptly notify you by e-mail, fax, or U.S. mail, consistent with the reasonable needs of law enforcement and/or ATL in order to determine the scope of the breach and to investigate and restore the integrity of the data system.
Under California Civil Code Section 1798.83 (also known as S.B. 27), if a Customer/User is a California resident and the Customer/User’s business relationship with ATL is primarily for personal, family, or household purposes, the Customer/User may request certain data regarding ATL’s disclosure, if any, of personal information to third parties for the third-party’s direct marketing purposes. To make such a request, please fill out an inquiry form; the Customer/User may make such a request up to once per calendar year. If applicable, we will provide you, by e-mail, a list of the categories of personal information disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, along with the third parties’ names and addresses. Please note that not all personal information sharing is covered by S.B. 27’s requirements.
CUSTOMER ACCOUNT. After you submit an initial Customer Transaction Order, ATL will create a Customer Account by assigning you a login username and password. You acknowledge and agree that ATL will maintain administrative access to the Customer Account to ensure you receive quality Services. Customer will provide ATL with all data required by ATL to establish and maintain the Toll-Free Service Customer Records associated with each Toll-Free Service number assignment.
You are responsible for the accuracy of all Letters of Authorization (LOAs) submitted to ATL and will defend and hold ATL harmless in any and all legal actions resulting from ATL’s reliance on your LOA, and will indemnify ATL from any and all damages, losses, expenses or fines incurred from such legal actions.
You are responsible for all activities that occur under your Customer Account, regardless of whether the activities are undertaken by you, your employees or a third party authorized by you. You are responsible for taking your own steps to maintain appropriate and secure system access policies for your users. Except to the extent caused by its breach of the Agreement, ATL and its affiliates are not responsible for unauthorized access to the Customer Account by others. You must contact ATL immediately if you believe an unauthorized third party may be using the Customer Account or if your account information is lost or stolen.
COMPLIANCE WITH LAWS. The Agreement is subject to all applicable federal, state and local laws and regulations, rulings, orders, and other actions of governmental agencies (“Rules”), and the obtaining and continuance of any required approvals, authorizations, or tariffs filed with the FCC or any other governmental agency. ATL will use commercially reasonable efforts to obtain, retain, and maintain such approvals and authorizations. If any such Rule adversely affects the Services or requires ATL to provide Services other than in accordance with the terms of the Agreement, either ATL or Customer may, without liability to the other party, terminate the affected Services upon 30 days prior written notice to the other party. In performing their obligations under the Agreement, ATL and Customer will comply with all applicable Rules of any regulatory agency having jurisdiction over the parties that may affect the matters covered by the Agreement.
PAYMENTS; TAXES. All payments under the Agreement shall be in U.S. dollars. Customer is responsible for payment of any and all federal, state, county, municipal, city and local taxes, fees, charges, duties, surcharges, regulator fees, access fees, easements or assessments imposed on or based upon the provision, sale or use of ATL’s services. ATL will collect all such taxes, charges, duties, fees, surcharges and assessments. Other miscellaneous charges may apply to Customer based on current miscellaneous charge rate sheet, including but not limited to; collections fees, customer service fees or misuse of customer service, and other customer service type fees. In the event the Customer does not meet ATL payment requirements, ATL reserves the right to return all Toll-Free Service numbers to spare status in the SOMOS database. This process will not take place until after 30-day notice to cancel the agreement has passed and all reasonable efforts have been made to contact the Customer. ATL may adjust the rates and charges upon 30 days written notice to Customer.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Except as expressly set forth in the Agreement or any Schedule, ATL COMMUNICATIONS makes no warranties with respect to the Services to be provided pursuant to the Agreement. ATL COMMUNICATIONS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONCERNING THE SPECIFIC QUALITY OF ANY SERVICES PROVIDED UNDER OR IN CONNECTION WITH THE AGREEMENT; THAT SERVICES PROVIDED UNDER THE AGREEMENT SHALL BE ERROR FREE; THAT THE SOMOS WILL OPERATE WITHOUT INTERRUPTION; AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Except as to liability for willful misconduct or gross negligence, ATL COMMUNICATIONS’ total liability and Customer’s sole and exclusive remedy, for any loss, claim, injury, liability, or expense (including reasonable attorneys’ fees) arising out of ATL COMMUNICATIONS’ performance or failure to perform as provided in the Agreement, shall be limited to the monthly amount Customer has paid ATL COMMUNICATIONS under the Agreement and SOMOS costs will not be calculated into any credit.
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR LOSS OF USE, INCOME OR PROFITS, OR ANY OTHER SPECIAL, INCIDENTAL OR CONSQUENTIAL LOSSES. Nothing in the Agreement, express or implied, is intended to confer upon any third party any right, remedy, obligation, or liability under or by reason of the Agreement, except as expressly provided in the Agreement. Customer further specifically agrees that ATL shall not be liable for the misrouting of any calls made to PSAPs or to municipal emergency service providers. The provisions of this Section will survive the termination of the Agreement and any Customer Transaction Order(s) issued thereunder.
INDEMNIFICATION. ATL and Customer will indemnify, hold harmless, and defend the other, its officers, directors, affiliated companies, employees, agents and subcontractors from liabilities, claims or damages arising out of personal injury or death or damage to property to the extent caused by the indemnifying party’s breach of any representation, warranty, term or provision herein or to the extent caused by the grossly negligent acts or omissions of such party, its employees, agents or subcontractors in its performance under the Agreement. The provisions of this Section will survive the termination of Services.
CONFIDENTIALITY. ATL and Customer may have access to certain information, the ownership and confidential status of which is highly important to the other party, or is treated or designated by one of the parties as confidential (herein referred to as “Confidential Information”). Neither ATL nor Customer will disclose the other party’s Confidential Information, directly or indirectly under any circumstances, to any third person without the express written consent of the other party, and neither party will copy transmit, reproduce, summarize, quote, or make commercial or other use whatsoever of the other party’s Confidential Information, except as may be necessary to perform its duties under the Agreement. ATL and Customer agree to exercise the highest degree of care in safeguarding the other party’s Confidential Information against loss, theft, or other inadvertent disclosure and take all steps necessary to maintain such confidentiality.
If a party is requested or required by any court, agency or other governmental authority to disclose any Confidential Information, it will promptly notify the other party so as to permit that party to seek a protective order or take other appropriate action. If, in the absence of a protective order, the party in receipt of the other’s Confidential Information is compelled as a matter of law to disclose any Confidential Information, that party will disclose to the person compelling disclosure only such part of the Confidential Information as is required by law to be disclosed. The party in receipt of the other’s Confidential Information will exercise its best efforts to obtain assurances that confidential treatment shall be accorded Confidential Information disclosed under such circumstances.
Each of ATL and Customer acknowledges that the other’s Confidential Information is particularly sensitive and of substantial importance to that party; accordingly, the parties agree that the provisions of this Section will survive any termination of the Agreement and any Customer Transaction Order(s) issued thereunder.
FORCE MAJEURE. In the event that either party’s performance under the Agreement is delayed, prevented, or inhibited because of any Act of God, fire, casualty, delay or disruption in transportation, flood, war, strike, lockout, epidemic, destruction or shut-down of facilities, shortage or curtailment, riot, insurrection, governmental acts or directives, or any cause beyond such party’s reasonable control, the party’s performance shall be excused until such time as performance can be reasonably resumed or commenced. The occurrence of such an event will not constitute grounds for a declaration of default by either party.