PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
- …modify the Materials or use them for any commercial purposes, public display, performance, sale or rental.
- …decompile, reverse-engineer software Materials except, and only, to the extent permitted by applicable law.
- …remove any copyright or other proprietary notices from the Materials.
- …transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.
OWNERSHIP OF MATERIALS
TERMINATION OF THIS LICENSE
Effective October 7, 2021 for current users, and upon acceptance for new users.
This Agreement is between you (“you” or “your”), as an authorized user of the Services (as defined below), and j2 Cloud Services, LLC (“Consensus US”), a Delaware limited liability company, and/or Consensus Cloud Solutions International Ltd. (“Consensus Ireland”), an Irish corporation, and/or Consensus ANZ Ltd., an Irish corporation, (“Consensus ANZ”), and/or Consensus Japan Y.K. (Consensus Japan) (each, the “Company”), as specified in the following paragraph, and governs the terms and conditions of your use of the Services. By using the Services, you further confirm your acceptance of and agree to be bound by this Agreement.
1. Services Description
- eFax Pro™ -Designed for higher volume Internet fax use and includes but is not limited to: (i) a personal geographical or toll-free telephone number (an “eFax Number”) that provides for the delivery of faxes to email, the eFax® Website or software applications provided by the Company; and (ii) outbound faxing from email, the eFax Website or software applications provided by the Company.
- eFax Plus® -Includes but is not limited to: (i) an eFax Number that provides for the delivery of faxes to email, the eFax® Website or software applications provided by the Company in volumes greater than the eFax Free service described below; and (ii) outbound faxing from email, the eFax Website or software applications provided by the Company.
- eFax Free® -Includes but is not limited to a geographic, remote eFax Number that provides for the delivery of a limited number of faxes to email, the eFax® Website or software applications provided by the Company.
- Various other services and features included in the eFax Pro™, eFax Plus® and eFax Free® services as described further in this Agreement.
2. eFax Service Usage Terms
- Austria: (0) 820
- Belgium: (0) 70
- France: (0) 820, (0) 821, (0) 825 or (0) 0826
- Germany: (0) 1805
- Ireland: (0) 818
- Italy: (0) 199
- Netherlands: (0) 84
- United Kingdom: (0) 70
3. Fax Storage
4. Searchable Faxes
5. Email Capabilities
6. Large File Send
8. Customer Responsibilities
9. Unsolicited Fax Advertisement/Spam Drop-Box Policy
11. Customer Representations
12. Modifications to Customer Agreement
13. Modifications to the Services
14. Member Account, PIN/Password and Security
15. Disclaimer of Warranties and Limitation of Liability
17. Termination for Non-Payment
19. Rules Regarding eFax Numbers
YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE PORTING IN CERTAIN TELEPHONE NUMBERS FROM YOU CURRENT TELECOMMUNICATIONS CARRIER(S) TO THE COMPANY’S TELECOMMUNICATIONS CARRIER(S) TO BE PLACED IN THE COMPANY’S NAME. IF YOU “PORTED IN” ANY TELEPHONE NUMBER(S), OR YOU ARE ENTITLED TO “PORT OUT” A TELEPHONE NUMBER UNDER NON-U.S. LAW, YOU MAY “PORT OUT” SUCH NUMBER(S) IN CONNECTION WITH TERMINATING YOUR ACCOUNT ONLY IF YOU SATISFY THE FOLLOWING REQUIREMENTS: (i) YOU PROVIDE WRITTEN NOTICE TO THE COMPANY OF YOUR INTENTION TO “PORT OUT” SUCH TELEPHONE NUMBER(S) NO LATER THAN THIRTY (30) DAYS AFTER THE DATE OF TERMINATION OF YOUR ACCOUNT (THE “PORTING NOTICE PERIOD”); (ii) YOUR NEW TELEPHONE CARRIER PROVIDES THE COMPANY’S TELEPHONE CARRIER WITH A DULY EXECUTED PORTING REQUEST PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD; (iii) YOU HAVE PAID THE COMPANY FOR ALL SERVICES PROVIDED TO YOU PRIOR TO THE DATE YOU PROVIDE NOTICE OF YOUR INTENT TO TERMINATE YOUR ACCOUNT; AND (iv) PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD, THE COMPANY HAS RECEIVED AN ADMINISTRATIVE FEE TO COVER ITS REASONABLE COSTS ASSOCIATED WITH PROCESSING THE PORT IN AN AMOUNT OF U.S. $40 (OR THE EQUIVALENT IN LOCAL CURRENCY) PER TELEPHONE NUMBER. YOU HEREBY AUTHORIZE THE COMPANY TO CHARGE YOUR CREDIT OR DEBIT CARD IN THE APPLICABLE AMOUNT FOR SUCH ADMINISTRATIVE FEE. THE PORTING PROCESS CAN BE LENGTHY; IF YOU WOULD LIKE TO MAINTAIN YOUR SERVICES DURING THE PORTING PROCESS, YOU MUST MAINTAIN YOUR ACCOUNT IN AN ACTIVE STATUS AND NOT TERMINATE YOUR ACCOUNT UNTIL THE PORTING OUT IS COMPLETE. REGARDLESS OF WHEN THE PORT OUT IS COMPLETE, YOU WILL CONTINUE TO BE RESPONSIBLE TO PAY ALL APPLICABLE ACCOUNT FEES WITH RESPECT TO THE TELEPHONE NUMBERS UNTIL YOU FORMALLY TERMINATE YOUR SERVICE. IF YOU FAIL TO SATISFY ANY OF THE FOREGOING REQUIREMENTS, THE COMPANY SHALL REMAIN THE CUSTOMER OF RECORD OF THE NUMBER(S) AND YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE SUCH NUMBER(S) TO BE TRANSFERRED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY. THE COMPANY ALSO RETAINS THE RIGHT TO RECLAIM THE NUMBER(S) FROM YOU AFTER THE NUMBER(S) ARE PORTED OUT IN CONTRAVENTION WITH THESE REQUIREMENTS AND TO CHARGE YOUR CREDIT OR DEBIT CARD THE U.S. $500 (OR THE EQUIVALENT IN LOCAL CURRENCY) IN LIQUIDATED DAMAGES SET FORTH ABOVE. YOU UNDERSTAND AND AGREE THAT EVEN IF YOU SATISFY THE REQUIREMENTS SET FORTH IN THIS SECTION 20 (a), TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS MAY OCCUR WHEN ATTEMPTING TO PORT OUT THESE NUMBERS (E.G. WHEN NO PORTING AGREEMENT EXISTS BETWEEN YOUR AND OUR TELEPHONE CARRIER OR FOR ANY OTHER REASON) AND SUCH DIFFICULTIES OR INTERRUPTIONS MAY PREVENT YOUR NEW CARRIER FROM PORTING THE NUMBERS. THE COMPANY IS NOT RESPONSIBLE FOR SUCH TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS AND YOU WILL RECEIVE NO REFUND OF YOUR ADMINISTRATIVE FEE.
21. No Resale Of The Services
22. Notices and Consent
23. General Terms
24. Legal Notices
25. Agreement to Arbitrate All Disputes
A. This Policy
B. Collection of Personal Data
- Data you provide: We may obtain your Personal Data when you provide it to us (e.g., where you contact us via email or telephone, or by any other means, or when you provide us with your business card).
- Relationship data: We may collect or obtain your Personal Data in the ordinary course of our relationship with you (e.g., if you purchase a service from us).
- Data you make public: We may collect or obtain your Personal Data that you manifestly choose to make public, including via social media (e.g., we may collect information from your social media profile(s), if you make a public post about us).
- App data: We may collect or obtain your Personal Data when you download or use any of our Apps.
- Site data: We may collect or obtain your Personal Data when you visit any of our Sites or use any features or resources available on or through a Site.
- Registration details: We may collect or obtain your Personal Data when you use, or register to use, any of our Sites, Apps, or services.
- Content and advertising information: If you choose to interact with any third party content or advertising on a Site or in an App, we may receive Personal Data about you from the relevant third party.
- Third party information:We may collect or obtain your Personal Data from third parties who provide it to us (e.g., credit reference agencies; law enforcement authorities; etc.).
C. Creation of Personal Data
D. Categories of Personal Data we may Process
- Personal details: given name(s); preferred name; and photograph.
- Demographic information: gender; date of birth/age; nationality; salutation; job title/industry; and language preferences.
- Contact details: correspondence address; telephone number; email address; and details of your public social media profile(s).
- Consent records: records of any consents you may have given, together with the date and time, means of consent and any related information (e.g., the subject matter of the consent).
- Purchase details: records of purchases and prices.
- Payment details: invoice records; payment records; billing address; payment method; bank account number or credit card number; cardholder or accountholder name; card or account security details; card ‘valid from’ date; and card expiry date; BACS details; SWIFT details; IBAN details; payment amount; payment date; and records of checks.
- Data relating to our Sites and Apps: device type; operating system; browser type; browser settings; IP address; language settings; dates and times of connecting to a Site; App usage statistics; App settings; dates and times of connecting to an App; location data, and other technical communications information (some of which may constitute Personal Data); username; password; security login details; usage data; aggregate statistical information.
- Employer details: where you interact with us in your capacity as an employee, the contact information of your employer (including name, address, telephone number and email address) to the extent relevant.
- Content and advertising data: records of your interactions with our online advertising and content, records of advertising and content displayed on pages or App screens displayed to you, and any interaction you may have had with such content or advertising (including mouse hover, mouse clicks, any forms you complete (including incomplete forms not submitted) and any touchscreen interactions).
- Views and opinions: any views and opinions that you choose to send to us, or publicly post about us on social media platforms.
E. Lawful basis for Processing Personal Data
- Consent: We may Process your Personal Data where we have obtained your prior, express consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way);
- Contractual necessity: We may Process your Personal Data where the Processing is necessary in connection with any contract that you may enter into with us;
- Compliance with applicable law: We may Process your Personal Data where the Processing is required by applicable law;
- Vital interests: We may Process your Personal Data where the Processing is necessary to protect the vital interests of any individual; or
- Legitimate interests: We may Process your Personal Data where we have a legitimate interest in carrying out the Processing for the purpose of managing, operating or promoting our business, and that legitimate interest is not overridden by your interests, fundamental rights, or freedoms.
F. Sensitive Personal Data
- Compliance with applicable law: We may Process your Sensitive Personal Data where the Processing is required or permitted by applicable law (e.g., to comply with our diversity reporting obligations);
- Detection and prevention of crime: We may Process your Sensitive Personal Data where the Processing is necessary for the detection or prevention of crime (including the prevention of fraud);
- Establishment, exercise or defence of legal rights: We may Process your Sensitive Personal Data where the Processing is necessary for the establishment, exercise or defense of legal rights; or
- Consent: We may Process your Sensitive Personal Data where we have, in accordance with applicable law, obtained your prior, express consent prior to Processing your Sensitive Personal Data (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
G. Purposes for which we may Process your Personal Data
- Provision of services to you: providing our Sites, Apps, and services to you; communicating with you in relation to those services, and providing you with promotional items at your request or in connection with those services or similar services.
- Our Sites and Apps: operating and managing our Sites and our Apps; providing content to you; displaying advertising and other information to you; communicating and interacting with you via our Sites and our Apps; identifying issues with our Sites and Apps and planning improvements to or creating new Sites and Apps; and notifying you of changes to any of our Sites, our Apps, or our services.
- Communications: communicating with you via any means (including via email, telephone, text message, social media, post or in person) news items and other information in which you may be interested, subject to ensuring that such communications are provided to you in compliance with applicable law; maintaining and updating your contact information where appropriate; and obtaining your prior, opt-in consent where required.
- Communications and IT operations: management of our communications systems; operation of IT security systems; and IT security audits.
- Health and safety: health and safety assessments and record keeping; and compliance with related legal obligations.
- Financial management: sales; finance; corporate audit; and vendor management.
- Surveys: engaging with you for the purposes of obtaining your views on our services.
- Security: physical security of our premises (including records of visits to our premises; and CCTV recordings); and electronic security (including login records and access details).
- Investigations: detecting, investigating and preventing breaches of policy, and criminal offences, in accordance with applicable law.
- Legal proceedings: establishing, exercising and defending legal rights.
- Legal compliance: compliance with our legal and regulatory obligations under applicable law.
- Improving our Sites, Apps, services: identifying issues with our Sites, our Apps, or our services; planning improvements to our Sites, our Apps, or our services; and creating new Sites, Apps, or services.
H. Disclosure of Personal Data to third parties
- legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;
- outside professional advisors (such as accountants, auditors, or lawyers), subject to binding contractual obligations of confidentiality;
- third party Processors (such as payment services providers; data centers; etc.), located anywhere in the world, subject to the requirements noted below in this Section (H);
- any relevant party, law enforcement agency or court, to the extent necessary for the establishment, exercise or defense of legal rights;
- any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including safeguarding against and the prevention of threats to public security;
- any relevant third party acquirer(s), in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganization, dissolution or liquidation); and
I. International transfer of Personal Data
J. Data security
K. Data accuracy
- your Personal Data that we Process are accurate and, where necessary, kept up to date; and
- any of your Personal Data that we Process that you inform us is inaccurate (having regard to the purposes for which they are Processed) are erased or rectified.
L. Data minimization
M. Data retention
N. Your legal rights
- the right not to provide your Personal Data to us (however, please note that we may be unable to provide you with the full benefit of our Sites, our Apps, or our services, if you do not provide us with your Personal Data – e.g., we may not be able to process your orders without the necessary details);
- the right to request access to, or copies of, your Relevant Personal Data, together with information regarding the nature, Processing and disclosure of those Relevant Personal Data;
- the right to request rectification of any inaccuracies in your Relevant Personal Data;
- the right to request, on legitimate grounds:
- erasure of your Relevant Personal Data; or
- restriction of Processing of your Relevant Personal Data;
- the right to object, on legitimate grounds, to the Processing of your Relevant Personal Data by us or on our behalf;
- the right to have certain Relevant Personal Data transferred to another Controller, in a structured, commonly used and machine-readable format, to the extent applicable;
- where we Process your Relevant Personal Data on the basis of your consent, the right to withdraw that consent (noting that such withdrawal does not affect the lawfulness of any Processing performed prior to the date on which we receive notice of such withdrawal, and does not prevent the Processing of your Personal Data in reliance upon any other available legal bases); and
- the right to lodge complaints with a Data Protection Authority regarding the Processing of your Relevant Personal Data by us or on our behalf.
- we may require proof of your identity before we can give effect to these rights; and
- where your request requires the establishment of additional facts (e.g., a determination of whether any Processing is non-compliant with applicable law) we will investigate your request reasonably promptly, before deciding what action to take.
- Log Files: Like most websites, our servers use log files to analyze trends, administer our sites, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. The log file information consists of IP addresses, browser type, browser language, referring URL, platform type, etc., and is not linked to identifiable personal information.
- Clear Gifs: Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and we may use them to track the online movements of our users. Clear gifs are invisible on the page and are much smaller than cookies, about the size of the period at the end of this sentence. We may also use clear gifs in our HTML-based emails to let us know which emails have been opened by the recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.
- Profile: We may store information that we collect to create a profile of our users. A profile is stored information that we keep on individual users that detail their viewing preferences. Consequently, collected information may be tied to users’ personally identifiable information to improve the content of the Site for users, improve our Services and provide new services that are likely to be of interest to users and to direct pertinent product updates and marketing promotions to users if they have opted in to receive those promotions. We do not share personally identifiable elements of a user’s profile with other third parties. User profiles are shared in aggregate form only.
Q. Direct marketing
R. Contact details
If you wish to be taken off our contact list for direct marketing, please contact [email protected]
If you have any comments, questions or concerns about any of the information in this Policy, or any other issues relating to the Processing of Personal Data carried out by us, or on our behalf, please contact:
- j2 Cloud Services, LLC
700 S. Flower St., 15th Floor
Los Angeles, CA 90017
Attn: Fax.com / Legal Department
The Company, or Company affiliate, has appointed a Data Protection Officer who may be contacted at [email protected].
- “ App” means any application made available by us (including where we make such applications available via third party stores or marketplaces, or by any other means).
- “ Adequate Jurisdiction” a jurisdiction that has been formally designated by the European Commission as providing an adequate level of protection for Personal Data.
- “ Cookie” means a small file that is placed on your device when you visit a website (including our Sites). In this Policy, a reference to a “Cookie” includes analogous technologies such as web beacons and clear GIFs.
- “ Controller” means the entity that decides how and why Personal Data are Processed. In many jurisdictions, the Controller has primary responsibility for complying with applicable data protection laws.
- “ Data Protection Authority” means an independent public authority that is legally tasked with overseeing compliance with applicable data protection laws.
- “ EEA” means the European Economic Area.
- “ Personal Data” means information that is about any individual, or from which any individual is directly or indirectly identifiable, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.
- “ Process”, “ Processing” or “ Processed” means anything that is done with any Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- “ Processor” means any person or entity that Processes Personal Data on behalf of the Controller (other than employees of the Controller).
- “ Relevant Personal Data” means Personal Data in respect of which we are the Controller. It expressly does not include Personal Data of which we are not the Controller.
- “ Sensitive Personal Data” means Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number, or any other information that may be deemed to be sensitive under applicable law.
- “ Standard Contractual Clauses” means template transfer clauses adopted by the European Commission or adopted by a Data Protection Authority and approved by the European Commission.
- “ Site” means any website operated, or maintained, by us or on our behalf.
T. California Consumer Privacy Act Addendum
Help Stop Unsolicited Fax Advertising
- We don’t sell or disclose your fax number, ever
- We will never send you any faxes
- We don’t sell or share your email or contact details
Help Us Block Spam Faxes
- If the unsolicited fax contains a telephone number or other contact details, please contact the sender at once and request to have your fax number removed from their list.
- if the sender persists, eFax Plus® and eFax Pro™ subscribers may contact eFax ® Customer Support and request another fax number.