Legal


Terms of Use

Please note that use of the Site and Services is also subject to the AccessBell Privacy Policy and the AccessBell Acceptable Use Policy. 

Introduction, Acceptance, and Changes

Welcome to https://www.AccessBell.com (“Site”), a website provided by AccessBell, Inc. (including its subsidiaries, “AccessBell”).

By using the Site, you agree to these Terms of Use (“Terms”).  In addition, these Terms govern your use of AccessBell video conferencing and related services (including Software as defined below, “Services”) unless you have paid for an account or access through your employer’s account and such use is governed by separate terms and conditions. Do not use the Site or the Services if you do not agree with these Terms.

In these Terms, “we”, “us” and “our” refer to AccessBell, and “you” or “your” refer to you personally (i.e., the individual accessing the Site or the Services) and/or the entity you represent.

When using the Site and certain Services, you will be subject to any additional terms that may be posted from time to time, including, without limitation, our Acceptable Use Policy located at https://www.AccessBell.com/legal/acceptable-use-policy  our Privacy Policy located at https://www.AccessBell.com/legal/privacy-policy  our Cookie Policy located at https://AccessBell.com/legal/privacy-policy/cookies , and any terms or license restrictions with respect to any Software. All such additional terms are hereby incorporated by reference into these Terms.

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time without further notice. If we do this, we will post the changes to these Terms on this or another applicable page and will indicate at the top of the page the date the Terms were last revised. It is your responsibility to periodically check the Site for the current Terms and review any changes so you are aware of any revision to which you are bound. Your continued use of the Site or the Services after any such changes constitutes your acceptance of the new Terms.

General Terms

The Site is controlled and operated by AccessBell from the United States, and, unless expressly set forth herein, is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.

It is your responsibility to ensure that you comply with all applicable laws and that you have all rights required to use the Site and Services in the locations where you use them and how you use them. You acknowledge that any materials provided to you pursuant to these Terms are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with these laws and regulations and you acknowledge that you have the responsibility to obtain any licenses to export, re-export, or import as may be required. You represent and warrant that you are not a person or entity appearing on the lists published by the U.S. Department of Commerce, the U.S. Department of State, the U.S. Department of Treasury or any other list that may be published by the U.S. Government, as amended from time to time, that is prohibited from acquiring access to or control of items under these Terms, or with which AccessBell is prohibited from doing business. You further represent that the Site and Services shall not be used for or in connection with nuclear, chemical or biological weapons, weapons of mass destruction, missiles, unmanned aerial vehicles, and/or to support terrorist activities, each in a way that would violate any applicable law, or in any other way that would violate U.S. export controls or economic sanctions laws or regulations.

When you send us any e-mails, text messages, or other communications, whether via the Site, the Services or otherwise, your information will be used by AccessBell to communicate with you and pursuant to the Privacy Policy. If you are using the Services on a no-charge trial, you agree that we may contact you using the information you provide, including for marketing and promotional purposes as identified in the Privacy Policy.

We may designate the Software or Services as “trial”, “evaluation”, or other similar designation (“Trial Version”). You may install and use the Trial Version only (a) during the period allowed by us, and (b) for the purposes identified by AccessBell.

Access and Use of the Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and Services.

You are responsible for obtaining and maintaining and the proper use of any equipment and ancillary services such as, without limitation, video-enabled devices, video communication services, modems, hardware, servers, software, operating systems, networking, web servers, and internet and telephone service needed to connect to, access or otherwise use the Site and/or Services.  You are also responsible for maintaining the security of such equipment, your account (including administrative user names and passwords), and any ancillary services.

You may need to provide personal information, such as an email address, and other information (“User Data”) in connection with your use of the Services. You agree that all User Data that you provide to us will be accurate and provided in a manner compliant with all applicable laws. We need certain rights and protections related to this User Data and your use of the Site and/or the Services.  Therefore, you acknowledge that (a) AccessBell and our subcontractors may store, process and retrieve the User Data as explained in the Privacy Policy, (b) AccessBell may transfer User Data to and process User Data in the United States and/or another country outside the European Economic Area, as applicable, (c) AccessBell is a data processor (or sub-processor) acting on your behalf, (d) AccessBell and its affiliates and subsidiaries (and their successors and assigns, contractors and business partners) may transfer to, store and process User Data in any country where AccessBell or its subcontractors has facilities used in connection with the Services in order to provide the Services to you. You may choose to not provide us with any User Data and not use the Services.

In some cases, you may wish to download, install and use software provided by AccessBell in order to access the Services (“Software”) and AccessBell provides you a non-exclusive, non-transferable, non-sublicensable, revocable license to do so provided you use the Software only in conjunction with the Services. You acknowledge that access to the Services via the Software may require that you upgrade the Software as such upgrades become available and may require you to agree to additional terms regarding the Software.

You agree not to:

  • modify, translate, copy or create derivative works based on the Site or Services or any elements thereof,
  • create Internet “links” to or from the Site or the Services, or “frame” or “mirror” any content forming part of the Site or the Services,
  • reverse assemble, reverse compile, reverse engineer, decompile or otherwise attempt to discover the object code, source code, non-public APIs or underlying ideas or algorithms of the Site, Services or the Software, in whole or in part, except as and only to the extent this restriction is prohibited by law,
  • license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party, or
  • remove or obscure any proprietary or other notice contained in the Site or the Services.

You understand that the technical processing and transmission of the Site and Services, including Your Content (as defined below), may be unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

You acknowledge and agree that AccessBell may preserve content and may also disclose content, including Your Content, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to, among other things:

  • comply with legal process, applicable laws or government requests,
  • enforce these Terms,
  • respond to claims that any content violates the rights of third parties, or
  • protect the rights, property, or personal safety of AccessBell, its users and/or the public.

You agree that you are solely responsible for your interactions with any other user of the Site or Services and AccessBell has no liability or responsibility with respect thereto.  Under no circumstances are we liable in any way for Your Content or any materials transmitted or displayed by you or other users of the Site or Services, including, but not limited to, for any errors or omissions in any such content or materials. We are also not liable for any loss or damage of any kind incurred as a result of the use of any content or materials transmitted or displayed by you or other users of the Site or Services.  You agree that you must evaluate, and bear all risks associated with, the viewing or use of any content or materials transmitted or displayed, including any reliance on the accuracy, completeness, or usefulness of such content.

You may display files, recordings, sound, music, graphics and images in connection with your use of the Site and/or Services (“Your Content”). You represent and warrant that you own or have the necessary permissions to use and authorize the use of Your Content. You further represent and warrant that Your Content does not and will not violate any third party rights or applicable law, rule, or regulation. You grant AccessBell and its subcontractors a non-exclusive, worldwide, royalty-free, paid-up, transferable right and license to host, cache, copy, store and display Your Content for the purpose of and in conjunction with your use of the Site and/or Services.  AccessBell does not claim any ownership rights to Your Content. You acknowledge and agree that AccessBell is not responsible in any manner for Your Content, that you are solely responsible to retain adequate back-ups of Your Content, that you assume all risk associated with Your Content and the transmission of Your Content, and that you have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of Your Content. We reserve the right to enhance, upgrade, improve, or modify features of our Services as we deem appropriate and in our discretion. We may offer additional functionality to our standard Services or premium feature improvements for an additional cost

Recording 

Certain Services provide functionality that allows you to record audio and data shared during sessions. You are solely responsible for complying with all applicable laws in the relevant jurisdictions while using recording functionality. We disclaim all liability for your recording of audio or shared data, and you agree to hold us harmless from damages or liabilities related to the recording of any audio or data.

 

Intellectual Property

The AccessBell Inc. name, trademarks, service marks, logos, trade names, and proprietary words or symbols (collectively the “AccessBell Marks”) are the intellectual property of AccessBell.  Nothing in these Terms, on the Site, or on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any AccessBell Marks without our prior written permission in each instance. All goodwill generated from the use of AccessBell Marks will inure to our exclusive benefit.

All information, content, data, text, graphics, images, videos, documents, Software and other materials made available through your use of the Site or the Services (excluding Your Content) (collectively, “AccessBell Content”) is owned, licensed, or otherwise controlled by AccessBell. AccessBell Content is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. AccessBell retains all right, title and interest (including, without limitation, all patent, copyright, trade secret and other intellectual property rights) in and to the Site, the Services, the AccessBell Content (as applicable), any related and underlying technology, and any derivative works or modifications of any of the foregoing.

Subject to your compliance with these Terms, solely for so long as you are permitted to access and use the Site and Services, and provided that you keep intact all copyright and other proprietary notices, you may:

  • view any AccessBell Content on any single computer solely for personal, informational, non-commercial purposes, and
  • download and print the AccessBell Content that we specifically make available for downloading (such as white papers or user documentation) solely for personal, informational, non-commercial purposes, provided that such AccessBell Content may not be modified or altered in any way.

Unless otherwise specifically permitted for any particular AccessBell Content, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, rent, lease, modify, loan, sell, distribute, or create derivative works based on, the Site, the Services, or any AccessBell Content, in whole or in part, without our express prior written authorization.

You acknowledge and agree that you acquire no ownership or other interest (other than the license rights expressly stated herein) in or to the Site, Services or the AccessBell Content.

You acknowledge and agree that any questions, comments, suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the Site, the Services, or AccessBell Content (“Feedback”) provided by you to us is non-confidential and does not impose any confidentiality obligations on us. You agree that we are free to use, disclose, reproduce, license or otherwise distribute and exploit any Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

DMCA Notice

We respect the intellectual property of others and we ask that you do the same. It is our policy, in appropriate circumstances and in our discretion, to disable and/or terminate access to the Site by those who may infringe or repeatedly infringe the copyrights or other intellectual property rights of AccessBell and/or others.

If you are a copyright owner or an agent thereof and believe any content on the Site infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to our designated agent below containing the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where of the material that you claim is infringing is located on the Site, (d) your address, telephone number, and email address, (e) a written statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law and (f) a statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Designated Copyright Agent to receive notifications of claimed infringement is: AccessBell Inc., Copyright Team, 548 Market Street, PMB 22721, San Francisco, California  94104, United States, support@AccessBell.com.  Please send only DMCA notices to our Designated Copyright Agent. You acknowledge that if you fail to comply with all of the above requirements of this Section, your DMCA notice may not be valid.

In the event Your Content is removed pursuant to this process, you will receive information on how to file a counter-notice. Notices described in this section are legal notices separate from our regular activities or communications and are not subject to our Privacy Policy. This means that we may publish or share them with third parties at our discretion, and may produce them pursuant to a legal discovery request.

Third Party Websites & Third Party Products

The Site and/or Services may contain links, add-ins, applications, widgets or other access points that will take you and your information to other websites and resources that are not operated or controlled by AccessBell (“Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. Your access to and use of such Third Party Sites is solely at your own risk and is subject to the terms and conditions of use and privacy policies applicable to such Third Party Sites. When you interact with a Third Party Site, it is your responsibility to understand all applicable terms, conditions, and policies applicable to such Third Party Sites.

In addition, if third party services, applications, code, hardware or products (“Third Party Products”) are integrated or used in connection with the Services, you agree that (a) AccessBell makes no representations and disclaims all warranties, express or implied, regarding Third Party Products, (b) AccessBell is not responsible and shall have no liability for Third Party Products or the unavailability of Third Party Products, (c) if Third Party Products are provided under a separate license or other agreement, such terms shall govern with respect to such Third Party Products, (d) you are solely responsible and liable for its use of Third Party Products, (e) you authorize AccessBell to share User Data (defined above) with providers of the Third Party Products as required for the operation of the Third Party Products, provided however, that AccessBell is not responsible for any transmission, collection, disclosure, security, modification, use or deletion of User Data by or through Third Party Products or their providers, and (f) AccessBell has no obligation to support any integration(s) of Third Party Products with the Services and may cease any integrations of Third Party Products at any time, in AccessBell’ sole discretion.

Responsibility for Third Party Claims


 You agree to defend any claim, demand, suit or proceeding (including, without limitation, any proceeding, investigation or claim by a governmental, administrative, or other regulatory agency or entity) made or brought against AccessBell or its affiliates and their officers, employees, directors and agents arising from or in connection with (a) Your Content, (b) your use of the Site or Services, (c) your violation of these Terms, (d) your violation of any applicable law, and (e) any violation of an intellectual property right. You also agree to indemnify AccessBell for any damages finally awarded against, and for reasonable expenses, such as attorney’s        , incurred by, AccessBell in connection with any such claim, demand, suit or proceeding. In the event of such claim, demand, suit or proceeding, we will give you written notice of the claim, demand, suit or proceeding and provide you with reasonable assistance at your expense.

No Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE SERVICES, AND ANY ACCESSBELL CONTENT ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ACCESSBELL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OF TITLE AND NON-INFRINGEMENT. YOU FURTHER ACKNOWLEDGE THAT ACCESSBELL DOES NOT WARRANT THAT:

  • THE OPERATION OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS,
  • THE SITE OR THE SERVICES ARE NOT VULNERABLE TO FRAUD OR UNAUTHORIZED USE, OR
  • THE FEATURES OR FUNCTIONALITIES OF THE SITE OR THE SERVICES WILL BE AVAILABLE AT ANY TIME IN THE FUTURE.

YOU ARE responsible and AccessBell shall have no responsibility for determining that YOUR proposed use of the SITE AND/OR THE SERVICES complies with applicable laws WHERE YOU ARE USING THE SITE OR THE SERVICES OR in YOUR jurisdiction(S).

Limitation of Liability 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACCESSBELL SHALL NOT BE LIABLE FOR:

  • INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
  • DAMAGES BASED ON LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA OR BREACHES IN SYSTEM SECURITY, OR
  • ANY DAMAGES THAT EXCEED ONE HUNDRED DOLLARS ($100);

IN EACH CASE WITH RESPECT TO ANY CAUSE RELATED TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE SITE OR THE SERVICES, WHETHER IN AN ACTION BASED ON A CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, HOWEVER ARISING.  THESE LIMITATIONS SHALL APPLY WHETHER OR NOT ACCESSBELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTHWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE SERVICES, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE.

Governing Law and Arbitration 

These Terms and your use of the Site or the Services shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provisions or rules in any jurisdiction.

Any suit, action, proceeding or dispute arising out of or in connection with these Terms or your use of the Site or the Services that are not resolved by mutual agreement shall be finally resolved by binding arbitration before a single arbitrator pursuant to the rules and under the auspices of the American Arbitration Association. The arbitrator shall be knowledgeable in the chosen law and the software-as-a-service industry. At either party’s request, the arbitrator shall give a written opinion stating the factual basis and legal reasoning for his or her decision. The arbitrator shall have the authority to determine issues eligible for arbitration and to award damages consistent with those permissible herein, but will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in these Terms and may not multiply actual damages or award punitive, exemplary, or any other damages that are specifically excluded under these Terms.  The arbitrator may, in their discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. The parties, their representatives, and any other participants shall hold the existence, content, and result of arbitration in confidence. The arbitration proceedings shall be conducted in the English language and take place in San Francisco, California and each party irrevocably submits to such exclusive jurisdiction and waives any objection based on improper venue or forum non upgrade its sole discretion, seek preliminary judicial relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief). Also, the provisions of this arbitration section are enforceable by any court of competent jurisdiction.

No Class Actions 

You may only resolve disputes with us on an individual basis and you agree not to bring or participate in any class, consolidated, or representative action against us or any of our employees or affiliates.

Termination 

You agree that AccessBell, in its sole discretion, may suspend or terminate your account (or any part thereof) or your use of the Site (including blocking users from message boards, forums, and other AccessBell Social Media) and/or the Service and block or remove and discard any content within the Site or Service, for any reason, including, without limitation, or if AccessBell believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your use of the Site and/or Service and may be referred to appropriate law enforcement authorities. AccessBell may also in its sole discretion and at any time discontinue providing the Site, the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Site and the Service under any provision of these Terms may be affected without prior notice, and acknowledge and agree that AccessBell may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site or the Service. Further, you agree that AccessBell will not be liable to you or any third party for any termination of your access to the Site or the Service.

Miscellaneous

Notices to be given or submitted pursuant to these Terms shall be in writing and directed to the address or email on file or otherwise provided to the other party in writing and shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt), (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested) or by certified or registered mail, return receipt requested, postage prepaid or (c) if it is delivered by email. The parties acknowledge that they are acting as independent contractors who are solely responsible for their own actions or inactions and that no joint venture, franchise, partnership, agency, or other relationship shall be created or implied by these Terms. If any court of competent jurisdiction adjudges any provision of these Terms to be to be illegal, unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable, but shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. You acknowledge and agree that there may be no adequate remedy at law for any material breach of these Terms, which breach may result in irreparable harm to AccessBell, and therefore, upon any such breach or any threat thereof, AccessBell is entitled to seek temporary, preliminary and permanent injunctive relief against you (and, if applicable, your officers or employees) without the requirement of posting a bond or proving actual damages, in addition to whatever remedies AccessBell might have at law. These Terms constitute the sole and entire agreement between the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. Except for our right to make changes to these Terms as expressly stated above, these Terms may only be amended, modified or supplemented by an agreement in writing by non-preprinted agreements clearly understood by both parties to be an amendment and signed by each party hereto. No waiver by AccessBell of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by AccessBell. In addition, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The English language version of these terms will be the version used when interpreting or construing these terms.

Our Address

AccessBell Inc.

548 Market Street

PMB 22721

San Francisco, California  94104 

United States

http://www.AccessBell.com

 

Questions?   Concerns?  Suggestions? 

Please contact us at support@accessbell.com to report any violations of these Terms or with any questions.

Updated as of June 4 2020


 

 

 

 

Acceptable Use Policy

This Acceptable Use Policy (the “AUP”) is incorporated by reference into the AccessBell Inc. Terms of Service. Capitalized terms not defined herein have the meanings set forth in the Terms of Service. The following terms and conditions supplement the AccessBell Inc. Terms of Service and are not exhaustive.  Please be respectful of others when you use the Service.


When you use the Services, you will not:

  • Post, stream or otherwise transmit content that: (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; or (iv) infringes any intellectual property or other proprietary rights of any party;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Exploit or solicit personal information from anyone under the age of 18;
  • Violate any applicable local, state, national or international law, or any regulations having the force of law; 
  • Interfere with or disrupt the Service, servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or 
  • Obtain or otherwise attempt to access any materials or information through any means not intentionally made available or provided for through the Service.

If you become aware of any actual or potential violations of the foregoing, please contact us at support@acessbell.com. Without limiting any other remedies AccessBell Inc. may have, we reserve the right to investigate and take appropriate legal action against anyone who, in our discretion, violates this AUP, including without limitation, removing the offending content from the Service or suspending or terminating the account of such violators.

 

 


 

 


Privacy Policy

Updated as of June 4 2020

This Privacy Policy provides a clear explanation of how AccessBell collects information about you when you interact with AccessBell, including through our websites, applications, and services. It also lets you know what choices you have regarding our use of your information and how you can exercise access and update that information.

Please read this Privacy Policy carefully. We have made modifications to our previous policy to help you better understand how we use your information. By using and/or accessing our Services (defined below) you acknowledge that you have read and understood this Privacy Policy.

Key Definitions

“Policy” refers to this Privacy Policy.

“AccessBell”, “we”, “us” and/or “our” refers to AccessBell, Inc. and any of our corporate affiliates.

“Services” refers to, individually and collectively, our video conferencing, collaboration, and related services, support, professional services, websites (including www.AccessBell.com/ ), and end user software on any platform. The Services are not intended for personal or consumer use.

“you” and “your” refer to individuals using or otherwise interacting with our Services.

“information” refers to data about you and your use of Services, that may be retained in electronic or paper format, and may include personal information as defined by the California Consumer Privacy Act of 2018 and personal data as defined by the General Data Protection Regulation.

Reasons We Process Your Information

We may process your information if:

  • You, or the company you work for, or the company which provides you access to the Services, are a customer or a supplier of ours.
  • You, or the company you work for, or the company which provides you access to the Services, use our Services.
  • You work for one of our suppliers, resellers, or other business partners.
  • You work for someone who uses our products or services.
  • You, or the company you work for, may be a candidate for our advertising or marketing efforts.
  • You communicate with us, or we receive a communication from or regarding you, through our Services or other communication.
  • You request information about us, our business, and/or the Services.

Information We Collect

We collect information from you when you voluntarily provide that information to us. This may occur, for example, when you register for an account, modify your profile and preferences, complete and submit a form through the Services, provide payment information to complete a transaction, contact us with inquiries, participate in an event or promotion, or respond to one of our surveys.

We collect information from you when you voluntarily provide that information as part of your use of the Services. Examples of this include: when you submit a technical support request, participate in a chat function as part of a AccessBell Meeting or Event, or request that a Meeting or Event that you are hosting be recorded using the Services.

We collect information about you from third parties including other Service users, third-party service providers which you have linked to your use of our Services (including social media accounts, single-sign-on services, and scheduling applications), resellers, distributors, your employer, your administrator, publicly available sources, data enrichment vendors, payment and delivery service vendors, advertising networks, analytics providers, and our business partners. The information which we receive from third parties depends on what policies that third party follows and our and your respective relationships with the third party.

  • Personal data relating to you that we process may include:
  • Your name.
  • Who you work for, and your job function or department.
  • Your address, phone number, email address or other contact details (these details may relate to your work or to you personally, depending on the nature of our relationship with you or the company that you work for).
  • Information relating to transactions with us involving you or the company you work for (for example, details of goods or services that we have supplied to, or obtained from, you or the person you work for).
  • Information relating to you which it is necessary for us to process in order to enter into or perform a contract with you or the company you work for (for example, right to work information and information obtained from credit references agencies where this is necessary to enable us to carry out appropriate checks in relation to contracts with you or someone else that you work for or are otherwise related to).
  • Certain device and connection information when you use our Services, including the type of device or endpoint (e.g. browser type and version, browser plug-in types and versions, operating system and platform) you are using to access the Services, IP address, geolocation data, duration of Service use, and connection quality. The amount of information may vary depending on the nature of the equipment you use to access the Services and may also include non-identifiable or aggregated information to conduct research on customer demographics, interests and behavior.
  • Information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our website (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number or social media handle used to connect with our customer service team.

Cookies

The AccessBell websites also use a technology called “cookies” to collect certain information. A cookie is a piece of computer code that your internet browser is given when you access the website. Our cookies help provide additional functionality to the website, track the traffic patterns for our website, and study how our users use and interact with the Services. For instance, our website may set a cookie on your browser that allows you to access the website without needing to remember and then enter a password more than once during a visit to the Site. Please refer to your web browser’s instruction guide or help section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to better take advantage of some of the Services. Further information on our use of cookies is located at https://AccessBell.com/privacy-policy/cookies . Because no formal “Do Not Track” standard has been adopted, we currently do not respond to “Do Not Track” web browsers signals or other mechanisms regarding the collection of your information.

How We Use Information

How we use the information is shaped by the source of the information, the type of Services you use, and any privacy preferences that you have specified to us. Below are the specific purposes for which we use the information we collect or receive about you.

  • To take steps in order to enter into any contract or carry out our obligations arising from any contract entered into between AccessBell and you, the company you work for, or the company which provides you access to the services, including:
    1. To provide the Services, related customer support, and supporting functions. We use the information you provide to make the Services available to you in a personalized manner which optimizes your experience. This includes providing supporting functions like using the information you provide in your profile to identify you to other Service users, performing billing operations, identifying whether you are complying with your license grant for the Services, detecting fraudulent activity or other improper uses of the Services, and verifying your identity.
    2. To communicate with you about the Service. We may reach out to you using the information you have provided via email, telephone, in-window messaging, through the software for the Service, on the website, and otherwise as appropriate for transactional communications such a change of password confirmation, billing receipts, product updates, and responding to customer support requests. We also send you information as a new user for a Service to better help you use the Service. These communications are part of the Services and, in many cases, you cannot opt out of receiving them.
  • For engagement communications – We may communicate with you or the company you work for to better help you engage with our Services and maximize your use of the Services. This includes user training, letting you know about newly available features of your Services and seeking quality-related and engagement feedback.
  • For promotional communications - We may communicate with you or the company you work for to better inform you of the Services available to you. This includes letting you know about potential new Services, newsletters, events, and related Services we offer that we believe will be of interest to you. If we do so, and if required by applicable law, each communication we send you will contain instructions permitting you to “opt-out” of receiving future communications. You can also object to further marketing at any time by sending us an email at support@AccessBell.com .
  • To better understand our users, and improve our Services accordingly (when our legitimate interest in doing so is not overridden by your personal rights that may apply). We may use such information to track, for example, the total number of visitors to our website, the number of visitors to each page of our website, the domain names of your Internet service provider, general geographic location, and how you use and interact with the Services. We can use this information to identify trends, usage patterns, service quality interruptions, undiscovered bugs in the Services, and better optimize your Services experience in the future. Also, in an ongoing effort to better understand and serve the users of the Services, AccessBell often conducts research on its customer demographics, interests and behavior based on the information on an aggregate basis.
  • For uses as required by law or to otherwise protect our legal rights. There may be situations where we believe it is required by law or necessary to protect our legal rights or the interests of others to use the information in connection with pending or active litigation, regulatory compliance efforts, audits, and disclosures in connection with the acquisition, merger or sale of a business.
  • For other uses with your consent. If AccessBell intends on using any information in any manner that is not consistent with this Policy, you will be informed of such anticipated use and be given an opportunity to provide your consent for such use and/or discontinue your use of the Services.

The Services are not intended to be used for profiling, automated processing, personal data relating to criminal convictions or offenses, other systematic monitoring of a public area, or any other operations which may result in a high risk of significantly affecting you or your legal rights.

If you are an EU resident, the following terms also apply:

AccessBell processes your personal data when we have an adequate legal basis for doing so. This means we collect and use your personal data where:

  • We need it to provide you the Services;
  • It satisfies a legitimate interest (which is not overridden by your data protection interests);
  • You give us consent to use the personal data for a specific purpose; or
  • We need to process your personal data to comply with a legal or contractual obligation.

If you have consented to our use of personal data for a specific purpose, you have the right to change your mind at any time, and the procedures for communicating that revocation of consent are detailed below. Any such decision will not affect any processing that has already occurred. Where you withdraw your consent, but we are using your information because we or a third party (e.g. your employer) have a legitimate interest in doing so, or we have different legal basis for using your information (for example, fulfilling a contract with you), we may continue to process your information, subject to your rights to access and control your information. However, this may mean your access to the Services will be limited or suspended, and your accounts may be terminated, as applicable.

How Long We Keep Information

AccessBell will generally retain information for so long as you are an active user of the Services. Most information is available for you to modify or delete on a self-service basis. For more extensive requests, you may make a request per the guidelines below. Metadata and/or connection analytics following use of the Services is retained and made available for a host user and/or an administrative user to review during an administrator-set retention period. Information that is older than the pre-set retention period will be obfuscated and archived.

Following the end of your subscription to the Services, your information will generally be deleted or obfuscated within six months of the end of your subscription. If the Services are made available to you through an organization (e.g., your employer), we retain your information per your organization’s instructions. For more information, see the “Additional Information Regarding Processing Information of Our Customers” section below.

Some information may be retained to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, for marketing purposes according to your registered preferences if you have opted to receive such communication, information derived from cookies, and information required to continue to develop and improve our Services.

Where we retain information after your use of the Service, we take reasonable steps to make that data is not personally identifiable beyond the extent required to comply with our legal and regulatory obligations.

How We Protect Information

AccessBell takes appropriate physical, technical, and organizational measures to protect your personal information from loss, misuse, unauthorized access or disclosure, alteration, and destruction. We utilize a combination of industry-standard security technologies, procedures, and organizational measures to help protect your information from unauthorized access, use or disclosure. 

Our primary data hosting service providers are in the United States. Depending on specific customer needs or requests, a limited amount of our servers may also be hosted in other parts of the world. 

No Internet, e-mail or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way.

Who We Share Information With

There are certain circumstances in which we may share your information with certain third-parties. Any access by a third party to the information is managed by AccessBell, and the third parties are vetted based in part on their ability to protect information. International movement of information consistent with this sharing is discussed in the “How We Move Information” section below.

As part of your use of the Service, you may share information with other users of the Service. Those users of the Service may be located in nearly any location around the world, may be communicating with Third Party Sites (as defined below) while using the Services, and may be limited by law or by an agreement with us about their use of information you share. However, this Policy only addresses our use of the information.

We may share information with employees, contractors, agents, or consultants with a strict need-to-know under appropriate confidentiality obligations.

  • We may share information with third parties which provide business-related functions on behalf of AccessBell, including:
    1. our business partners, customers, suppliers, service providers, vendors, and sub-contractors for the performance of any contract we enter into or other dealings we have in the normal course of business with you or the company that you work for or the company that provides you access to the Services. Some examples of such business-related functions for which we may share information may include data hosting, analyzing data, providing marketing assistance, providing customer service and technical support, processing orders, sending communications to you on our behalf or at our direction, user engagement and onboarding, soliciting feedback regarding the Services, facilitating invoicing and/or payments, and others in our reasonable discretion;
    2. our auditors, legal advisors and other professional advisors or service providers;
    3. credit reference agencies for the purpose of assessing your credit score where this is in the context of us entering into a contract with you or the person that you work for;
    4. We may share information with our authorized distributors and resellers if you have purchased your license to the Services through a party other than AccessBell to enable those distributors and resellers to fulfill their business obligations to you; and
    5. We may share information obtained via our Services with analytics and search engine providers that assist us in the improvement and optimization of our site and subject to the cookie section of this policy.

When we employ another company to perform services of this nature, we only provide such company the right to use such information that is reasonably necessary to perform their specific function.

We may share information with other third parties, including when you provide consent for a specific situation. If AccessBell intends on sharing any information in a manner other than as described above using any personal data in any manner that is not compatible with this Privacy Policy, and we do not have a legal basis for sharing that information without your consent, you will be informed of such anticipated use and be given an opportunity to provide your consent for such use.

We may share information with third parties if we reasonably believe that such action is necessary to:

  • comply with a legal obligation, regulation, or government request,
  • enforce our policies and agreements,
  • protect and defend the rights, property, and safety of AccessBell, our customers, users, resellers, or others, or
  • act in urgent circumstances to protect the personal safety of users of the Services or the public.

This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction and to prevent cybercrime.

We may share information with our subsidiaries and corporate affiliates who support our processing of personal data under this Policy.

As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, acquisition, merger, reorganization, dissolution or similar event, information may be part of the transferred assets. You will be notified via email and/or other means with any news of a transaction and any choices you may have regarding your information.

For purposes of the California Consumer Privacy Act, we do not “sell” your personal information.

How We Transfer Information

We provide our Services primarily from the United States, where we are based. Your use of the Services requires the movement of information to our locations and the locations of our third-party service providers. Your use of the Services may require that our international affiliates and subsidiaries in other countries may have access to the information.

If you are an EU resident:

Your information may be transferred to, and stored at, a destination outside the European Economic Area ("EEA") that may not be subject to equivalent data protection law. It may be processed by staff situated outside the EEA who work for us or for one of our suppliers.

We may transfer your personal information outside the EEA:

  • In order to store it.
  • In order to enable us to provide services to and fulfill our contract with you or the company your work for or the company that provides you access to the Services. This includes order fulfillment, processing of payment details, and the provision of support services.
  • Where we are legally required to do so.
  • In order to facilitate the operation of our group of businesses, where it is in our legitimate interests and we have concluded these are not overridden by your rights.
  • Where we have your consent to do so.

When we share information about you within AccessBell and with third parties in countries with local laws which may differ from yours, we make use of standard contractual data protection clauses, which have been approved by the European Commission, to safeguard the transfer of information we collect from the European Economic Area to the United States. In some cases we may use other appropriate legal mechanisms to safeguard the transfer.

Where your information is transferred outside the EEA, we will take all steps reasonably necessary to ensure that your data is subject to appropriate safeguards, such as relying on a recognized legal adequacy mechanism, and that it is treated securely and in accordance with this privacy policy.

 

Additional Information Regarding Processing Information of Our Customers

Where we provide access to the Services to you under contract with an organization (for example your employer), or if you use an email address provided by an organization to access the Services, that organization may act as the controller of the information. Your use of the Services may be subject to that organization's policies. Each organization may appoint administrative users of the Services. An administrator may have the ability to access, modify, and/or delete certain information that you have provided, give information to Third Party Sites (as defined below), and restrict your access to the Services and information in whole or in part.

In this situation, AccessBell is the processor, rather than the controller, of your information. Where we are the processor, we do not control why or how your information is used, and you will need to contact your relevant controller (e.g. your employer and/or the company which provides you access to the Services) to find out about your data protection rights and responsibilities. All questions about your organization’s policies and administrative user access rights should be directed to your organization.

Privacy and Recordings

Video and audio from the video conferencing services may be recorded and saved via the Services by the host account for the Service in which you are participating. We do not and cannot control whether your use of the Services is being video recorded or audio recorded, via the Services or a third-party technology. If you do not want to be recorded during your use of the Services, you may inform your host of that decision and/or decline to use the Services.

How You Can Access and Control Information

In accordance with applicable law, your ability to control the information may include the right to:

  • Request a record of information you have provided
  • Request that information be corrected or removed
  • Request that we restrict the processing of your personal data (while we verify or investigate your concerns with this information, for example)
  • Request that, to the extent reasonably possible, information be provided in a structured and commonly used electronic format for portability and transfer
  • Object to and/or opt-out of our use of your information, including the right to object to marketing, in whole or in part, subject to certain exceptions prescribed by law.

You can exercise many of these abilities directly through the Services via your AccessBell profile page. You may opt out of non-transactional emails through the email notification center. For any issue that cannot be handled on a self-service basis, please reach out to our Support team for assistance. You can also exercise the rights listed above at any time by contacting us at support@AccessBell.com. In some instances, if you access the Services under contract with an organization, we may be required to direct your inquiries to an administrative user.

If you no longer want to use our Services, you may choose not to access our website or video-conferencing services at any time and, as applicable, you will need to reach out to our Support team or an administrative user to deactivate your account. If you are an organizational user of the Services, you will need to arrange for an administrative user to remove personal data associated with your account. 

You may contact our Support team to ask us to stop accessing, storing, using and otherwise processing your information where our legal basis for doing so relies on your consent or is otherwise objectionable by law. Where you gave us consent to use your information for a limited purpose, you can contact our Support team to withdraw that consent, but this will not affect any processing already occurred. Where you withdraw your consent, but we are also using your information under a different legal basis (for example, fulfilling a contract with you), we may continue to process your information, subject to your rights to access and control your information. Please note that we may need to retain certain information to fulfill legal obligations, in accordance with our record retention practices, or to complete transactions.

Additional Notes on Your Privacy

AccessBell does not knowingly collect information from children under the age of 13, and our Services are not intended for use by minors (as defined in your relevant jurisdiction). By using our Services, you confirm to us that you are not under the age of 13 and/or not a minor.

If you are a minor, please do not submit any information through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide information via the Services without permission. If you have reason to believe that a minor has provided information to AccessBell, please contact us and we will endeavor to delete that information from our databases.

The Services may contain links, add-ins applications, social media widgets or other access points that will take you and your information to other websites and resources on the Internet that are not operated or controlled by AccessBell (“Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. We have no control over, are not responsible for, and do not endorse the information practices of such third party websites and resources. Your access to and use of such third party websites or resources, including your use of any content, information, data, advertising, products, or other materials on or available through them, is solely at your own risk and is subject to the terms and conditions of use and privacy policy(ies) applicable to such Third Party Sites and related resources. Once you choose to be directed to a Third Party Site, you should read the applicable privacy statement before sharing any personal or other information. If you object to information about you being shared with a Third Party Site, please disable any applications or plug-ins which communicate with the Third Party Site or contact your administrator to do so.

Changes to this Policy

The Services and our business may change from time to time. As a result, at times it may be necessary for AccessBell to make changes to this Policy. AccessBell reserves the right to update or modify this Policy at any time and endeavor to give you the opportunity to review the revised Policy before you choose to continue using our Services.

Please review this Policy periodically. Your continued use of the Services after any changes or revisions to this Policy indicates that you have read and understood the terms of such revised Policy.

This Policy shall not apply to any unsolicited information you provide to AccessBell through this website or otherwise through the Services. This includes, but is not limited to, any ideas for new products or modifications to existing products. All such unsolicited information shall be deemed to be non-confidential. AccessBell shall be free to reproduce, use, disclose, distribute and exploit such unsolicited information without limitation or attribution. However, if such unsolicited information also includes personal data, we will also determine whether we have a lawful basis for the collection and use of that information prior to doing so.

How to Contact AccessBell

If you have any questions about our Privacy Policy or the information practices of the Services, please contact AccessBell, Inc., Attn: AccessBell Privacy Team, at our business address of 548 Market Street , PMB 22721, San Francisco, California  94104, or by email to support@AccessBell.com.

Additional Terms

Please note that, in addition to this Policy, your access to and use of

  • this website is subject to our Terms of Service; and
  • your access and use of our Services is subject to our Acceptable Use Policy and either the terms and conditions governing your subscription for our Services or, if you are not a paying customer of AccessBell or part of a paying organizational customer of AccessBell, our Terms of Service.