About this addendum
This Data Processing Addendum ("Addendum") is part of our Terms of Service for business accounts, which are the paid plans. It's between the business that holds the account ("you") and Nactus Technologies Pvt Ltd ("Talkwish," "we," "us"). It doesn't apply to Free accounts, which our Privacy Policy covers.
Paid plans are on sale now. This Addendum applies from the moment your business chooses a paid plan.
If this Addendum and the Terms disagree about customer data, this Addendum controls. Words like "personal information," "service provider" and "processing" have the meaning the applicable privacy law gives them.
Customer data
"Customer data" means the information your business's account holds about calls and messages: recordings, voicemails, transcripts, AI call summaries once they're offered, messages and pictures, contacts, and the records of calls and messages on your business's numbers. It includes personal information about your users and the people they talk to.
Account and billing details, and the records we keep to run, secure and bill the service and to meet our own legal duties, such as call records carriers and authorities can ask for, are handled under our Privacy Policy.
How we process customer data
- Only on your instructions. We process customer data only to provide, secure and support the service for you. Your instructions are these Terms, your settings and the actions of your admins and users. We'll process it otherwise only when the law requires, and we'll tell you first unless the law forbids it.
- Confidentiality. Only staff who need customer data to run or support the service can reach it, and they must keep it confidential.
- Your responsibilities. You're responsible for having the right to give us customer data, and for the notices and consents the law requires for your calls, recordings, transcripts, texts and AI call summaries.
Service provider commitments
Where the California Consumer Privacy Act or a similar US state law applies, we act as your service provider (or processor). We don't:
- sell or share customer data, including for cross-context behavioral advertising;
- keep, use or disclose it for any purpose other than providing the service to you, or outside our direct relationship with you;
- combine it with personal information we get from other sources, except as those laws allow; or
- use it to train AI models.
We'll tell you if we can no longer meet these commitments. You may take reasonable steps to stop and fix any use of customer data that this Addendum doesn't allow.
Subprocessors
We use these companies to provide the service. They may handle customer data only to do that, under written terms that protect it.
- Twilio: phone numbers, calls with regular phone numbers and, once offered, business texting.
- Our cloud hosting provider: runs our servers and stores customer data in the United States.
- Our email delivery provider: sends account emails, such as voicemail notices once offered.
- Apple and Google: deliver push notifications to our phone apps once they're available.
- An AI service provider: writes AI call summaries for accounts that turn them on, once offered. We'll name it here before summaries are turned on.
Clover processes payments, but it handles billing details, not customer data. We'll update this list, and tell account owners, before a new subprocessor starts handling customer data. If you object, you can cancel.
Security and breach notice
We protect customer data with technical and organizational measures suited to the risk, including encryption in transit, access controls and monitoring. Our security page explains how to report a problem.
If we confirm a breach that affects your customer data, we'll tell you without undue delay, with what we know about it and what we're doing, so you can meet your own duties. We'll also give any notices the law requires of us.
Help with requests
If one of your users, or someone they talked to, asks us to access, correct or delete customer data, we'll send the request to you, unless the law requires us to answer it ourselves. We'll help you respond, and help with questions from regulators about customer data, as far as the service and the law allow.
Where data is processed
Customer data is stored and processed in the United States. If your business or your users are in Canada, customer data leaves Canada and may be reachable by US courts and authorities under US law. Our Privacy Policy explains this for Canadian and Quebec residents.
Deletion at the end
When your business account ends, we delete customer data as our Privacy Policy describes, except what the law requires us to keep. Download anything you want to keep, such as recordings, before you close the account. You and your admins can also delete messages, voicemails and recordings at any time.
Contact
Questions about this Addendum, or a request for a signed copy for your records, can go to our Privacy Officer at privacy@talkwish.com.