E-Sky Privacy Statement

Your privacy is important to E-Sky. Therefore, E-Sky is committed to respecting your privacy and the confidentiality of your personal data, traffic data and communications content.

E-Sky Inc., whose principal place of business is at 1584 Meridian Ave, San Jose CA 95125 United States; are collecting and processing your personal information under this Privacy Statement.

This Privacy Statement is designed to assist you in understanding how E-Sky uses and safeguards the information you provide in using E-Sky’s ENUM VoIP software, E-Sky’s websites and/or E-Sky’s products.

CONTENTS

1. What is E-Sky and what products does it offer?
2. What information does E-Sky collect?
3. How does E-Sky use this information and for what purpose?
4. To whom does E-Sky transfer your personal information?
5. What are cookies and how does E-Sky use them?
6. Information outside E-Sky’s control
7. How does E-Sky protect your personal information?
8. Personal Data of Friends
9. Contacting You
10. Can this Privacy Statement be modified?
11. What rights do you have and how can you contact E-Sky?
12. How long is your personal data kept by E-Sky?

 

1. WHAT IS E-Sky AND WHAT PRODUCTS DOES IT OFFER?

Through its websites, E-Sky, Inc offers the E-Sky software and offers other E-Sky products (e.g. E-Sky ENUM, enumSMS, iFax, ENUM Callback, etc.), which may be extended or changed from time to time.

 

2. WHAT INFORMATION DOES E-Sky COLLECT?

E-Sky may gather and process information about you, including (but not limited to) information in the following categories:

(a) Identification data (name, address, telephone, email address etc.);

(b) Profile information (e.g. age, sex, country of residence etc.) (THIS DOES NOT INCLUDE YOUR USER PROFILE – please see article 6 of this Privacy Statement);

(c) Electronic identification data (addresses IP, cookies, etc.);

(d) Banking and payment information (credit card information, account number, etc.);

(e) Survey result and usage information;

(f) Products or services ordered and delivered;

(g) Video and sound recordings;

(h) List of your contacts;

(i) Traffic data (data processed for the purpose of the conveyance of communications or the billing thereof, including, but not limited to, the duration of the call, the number calling and the number called, etc.).

 

3. HOW DOES E-Sky USE THIS INFORMATION AND FOR WHAT PURPOSE?

Our primary purpose in collecting information is to provide you with a safe, smooth, efficient, and customized experience. E-Sky collects and processes, or has third party service providers acting on E-Sky’s behalf collecting and processing, personal data relating to you, as permitted or necessary to:

• provide communication products, in particular to convey the communications you make by means of the E-Sky software and/or the E-Sky products;

• take, process or deliver orders made via our websites, invoice you or notify you of the status of your order;

• provide other services for you (as described when we collect the information);

• register products that you have purchased with the manufacturer or service provider for warranty or technical support;

• provide you with customer support and troubleshoot problems;

• compare information for accuracy;

• inform you about service updates and faults;

• request feedback or participation in on-line surveys;

• resolve disputes;

• verify your identity;

• customize, measure, and improve E-Sky software, our products and websites content and layout;

• create an eCommerce ecosystem combining the E-Sky group entities’ services;

• provide and invoice certain joint services with other E-Sky group entities;

• organise and carry out E-Sky’s and/or E-Sky group’s marketing or promotional operations/offers, contests, games and similar events; and

• protect your, E-Sky’s and E-Sky group entities’ interests, including in particular to enforce our Terms of Service and fight against fraud, (together, the Purposes).

 

4. TO WHOM DOES E-Sky TRANSFER YOUR PERSONAL INFORMATION?

Except as provided below, E-Sky shall not sell, rent, trade or otherwise transfer any personal and/or traffic data or communications content to any third party without your explicit permission, unless it is obliged to do so under applicable laws or by order of the competent authorities.

E-Sky may share your information with E-Sky group entities for certain purposes, and in particular insofar as necessary to
(1) create an eCommerce ecosystem combining the E-Sky group entities’ services; (2) provide and invoice certain joint services; (3) organise marketing or promotional operations, contests, games and similar events; and (4) fight against fraud.

In order to provide you with E-Sky products you have requested, E-Sky may sometimes, if necessary, share your personal and traffic data with carriers, partner service providers and/or agents, for example the PSTN-VoIP gateway provider, distributor of E-Sky software and/or E-Sky products and/or the third party banking organization or other providers of payment services.
E-Sky will always require these third parties to take appropriate organizational and technical measures to protect your personal data and traffic data and to observe the relevant legislation.

Please be informed that, notwithstanding the abovementioned, in the event of a designated authority lawfully requesting E-Sky or E-Sky’s local partner to retain and provide personal data, communications content and/or traffic data, E-Sky and/or its local partner will provide all reasonable assistance and information to fulfil this request.

Your information may be stored and processed in any country in which E-Sky and the E-Sky group maintain facilities, including outside of the Malaysia. In this regard, or for purposes of sharing or disclosing data in accordance with this article 4, E-Sky reserves the right to transfer information outside of your country. By using E-Sky software, E-Sky’s websites or E-Sky products you consent to any such transfer of information outside of your country. As E-Sky continues to develop its business,
E-Sky might sell or buy subsidiaries or business units. In such transactions as well as in the event E-Sky or substantially all of its assets are acquired by a third party, personal information of E-Sky users will generally be one of the transferred business assets. We reserve the right to include your personal information, collected as an asset, in any such transfer to a third party.

 

5. WHAT ARE COOKIES AND HOW DOES E-Sky USE THEM?

Cookies are pieces of information that the E-Sky software may store on your computer’s hard drive in order to help web applications to recognize you or your or preferences. E-Sky’s cookies may contain identifying information. Cookies enable E-Sky to gain information about the use of its websites. This information may be analyzed by third parties on our behalf.

The Help option on the toolbar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please bear in mind that some personalized services may not be available if you choose to disable cookies.

Third Party Cookies

The adverts appearing on our websites are delivered to you by our web advertising partners. Please be aware that these third parties may use cookies to obtain information about your visits to this site, such as number of times you have viewed an advert (but not your name, address, or other personal information), This information is used to serve adverts to you.

 

6. INFORMATION OUTSIDE E-Sky’S CONTROL

Your User Profile

Your user profile is the information you decide to make available to the other E-Sky users. It may include your E-Sky user name, your e-num, full name, address, telephone numbers, gender, date of birth, language; “about me” page URL, and any other information that you decide to make available. E-Sky does not store your user profile centrally on a server and does not have any control over it. In the event you choose to make your user profile available, this information is securely and temporarily transmitted to, and stored on computers of other users in the ENUM network, in an encrypted format. You control your user profile and you can access your user profile from the “File” menu in the E-Sky software in order to view, correct, complete or remove information. Since your profile is not stored centrally or processed by E-Sky, E-Sky does not control it and cannot guarantee that this information will always be available and will not disappear.

Linked Websites

E-Sky websites may contain links that will let you leave E-Sky’s website and access another website. Linked websites are not under the control of E-Sky and it is possible that these websites have a different privacy policy. The Privacy Statement applies solely to personal information that is acquired on the websites or through your use of the E-Sky software, E-Sky products and/or your relationship with E-Sky, so E-Sky urges you to be careful when you enter any personal information online. E-Sky accepts no responsibility or liability for these other websites.

 

7. HOW DOES E-Sky PROTECT YOUR PERSONAL INFORMATION?

E-Sky and E-Sky group entities shall take appropriate organizational and technical measures to protect the personal data and traffic data provided to it/them or collected by it/them, and shall not retain it any longer than permitted in order to perform its services or as required under relevant legislation. Your personal and traffic data can only be accessed by authorized employees of E-Sky or the concerned E-Sky group entities that need to have access to this data in order to be able to fulfil their given duties.

E-Sky shall take appropriate technical measures to protect the confidentiality of the communications content via its E-Sky software and other E-Sky products, with due observance of the applicable obligations and exceptions under the relevant legislation.

 

8. PERSONAL DATA OF FRIENDS

You may be interested in inviting your friends to join E-Sky. In the event you wish to use E-Sky’s referral service, you will be directed to a webpage and will have the possibility of adding one or more email addresses in an online form. The information entered in this form, will only be used for the purposes of automatically generating an email message to these potential E-Sky users.

 

9. CONTACTING YOU

E-Sky may from time to time ask you to provide information on your experiences which will be used to measure and improve quality. You are at no time in any obligation to provide any of such data. Any and all information which is voluntarily submitted in feedback forms on the website or any survey that you accept to take part in is used for the purposes of reviewing this feedback and improving the E-Sky software, E-Sky and E-Sky group entities’ products and websites. E-Sky also collects information about your usage of the E-Sky software, the websites and E-Sky and E-Sky group entities’ products.

E-Sky reserves the right to utilize this information for marketing purposes, for instance by displaying selected comments on the website or in other communications. E-Sky may share anonymous and aggregated information with third parties, for example to serve targeted advertising.

E-Sky may contact you to send you messages about faults and service issues. Further, E-Sky reserves the right to use email or the E-Sky software to notify you of any eventual claims related to your use of E-Sky software, the E-Sky websites and/or E-Sky products, including without limitation claims of violation of third party rights.

E-Sky may also use email or the E-Sky software to keep you up to date with news about the E-Sky software and E-Sky products that you have purchased and/or to inform you about other E-Sky or E-Sky group entities’ products unless you have opted out of receiving this information. If you do not want to be kept informed in this way, please contact E-Sky at This e-mail address is being protected from spambots, you need JavaScript enabled to view it

 

10. CAN THIS PRIVACY STATEMENT BE MODIFIED?

E-Sky reserves the right to modify the provisions of this Privacy Statement if deemed necessary. We will inform you of these changes by publishing the revised Privacy Statement at ENUM.com/privacy. The revised Privacy Statement shall become effective within thirty (30) days of such publishing, unless you expressly accept the revised statement earlier by clicking on the accept button. You agree that the express acceptance by you, or your continued use of the E-Sky software or E-Sky products after the notice period of thirty (30) days, shall constitute your acceptance of the Privacy Statement.

 

11. WHAT RIGHTS DO YOU HAVE AND HOW CAN YOU CONTACT E-Sky?

You have the right to access and, where relevant, to rectify your personal data, provided that your identity can be verified.

If you would like to exercise your right to view, correct, complete or remove your personal data, please contact E-Sky at This e-mail address is being protected from spambots, you need JavaScript enabled to view it Within a reasonable period of time and upon verification of your identity and to the extent your request is legitimate, E-Sky will fulfil your request, provided E-Sky will not act contrary to applicable legislation by fulfilling your request.

You may also oppose to the processing by E-Sky and/or the E-Sky group of your personal data. However, in this case, E-Sky and other E-Sky group entities will not be in a position to provide the E-Sky products and/or the E-Sky software and/or certain services offered by other E-Sky group entities.

You can exercise your right to oppose to the processing detailed in the Privacy Statement by contacting E-Sky at This e-mail address is being protected from spambots, you need JavaScript enabled to view it .

 

12. HOW LONG IS YOUR PERSONAL DATA KEPT BY E-Sky?

E-Sky and, where relevant, the E-Sky group entities will retain your information for as long as is necessary to: (1) fulfil any of the Purposes (as defined in article 3 of this Privacy Statement) or (2) comply with applicable legislation, regulatory requests and relevant orders from competent courts.

© E-Sky – Last revised: January 7, 2011