1. Definitions
CX Engage is a cloud communications platform that provides a comprehensive solution to manage all your customer communications channels including SMS, Communication center, Smart Messaging, WABA (WhatsApp Business API), and Business Intelligence. Through this platform, we offer our services through a web-based portal, SDKs, and APIs, empowering our clients to integrate these channels into their operations to engage with their customers.
Important: This Privacy Policy applies to our customers, prospective customers, our customers' customers (both direct and indirect), and visitors to our company website. If you do not agree with this Privacy Policy, do not access or use our services or interact with any other aspect of our business.
Note: If you're a user of an application that is integrated or built using CX Engage's products and services, that application's privacy policy will describe how it collects, uses, stores, and shares your data. We are not responsible for the privacy policies or actions of our customers.
Business Use Only: Our services are designed to be used for business purposes only. By accepting this Privacy Policy, you are taking full responsibility for the content and validity of the information sent to the end users. You shall bear full liability in the case of misuse or when the service is used in a manner that is contrary to public morals, security aspects or regulations.
2. Information We Collect
Communications Usage Information
This includes information about your communications delivered via our platform such as the time and duration of usage, source and destination identifiers, completion status, location, IP address, and amount of usage.
Communications Content
To enable you to send and receive communications via our platform, we need to be able to handle the content of the messages, calls, and other communications channels used by you. This also includes, for example, voicemails and call recordings recorded via our services.
Information You Provide Directly
When you sign up for our services, request us to contact you, or through other interactions with us, we may ask you for certain personal information, such as:
- Name and birthdate
- Address and contact information
- Email address and telephone number
- Company name and job title
- Payment information
Support Information
When you request support from us, we may also collect information such as contact information, documentation, screenshots, or other information you or we may believe is helpful to solve the issue. We may also keep recordings of voice or text interactions as a reference for our internal use.
Website Analytics
We and our third-party partners, such as our advertising and analytics partners, collect information about your visits to our websites and your interaction with our ads or content, together with information such as your IP address, cookies, and other tracking technologies.
3. Why We Collect and How We Use Your Information
How we use the information we collect depends on which of our services you use, how you use them, and specific preferences you may have communicated to us. We list below the specific purposes for which we collect your information.
To Deliver Our Services
We use Customer Usage Data and Customer Content to provide services to you and to carry out necessary functions of our business as a communications service provider. We do not sell your end users' personal information and we do not share your end users' information with third parties for those third parties' own business interests.
Legal Compliance
Applicable laws or regulations may require our processing of your data, such as laws mandating retention of communications data.
Legitimate Business Interests
Where we believe it is necessary to protect our legal rights, interests and the interests of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.
Our Commitment: We do not sell or allow your Customer Account Data to be used by third parties for their own marketing purposes, unless you ask us to do this or give us your consent to do this. Further, we do not sell your end users' personal information (whether contained in Customer Usage Data or Customer Content). And, we do not share it with third parties for their own marketing or other purposes, unless you instruct us to do so.
Questions About Legal Basis?
If you have questions or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact information provided on our website.
4. WABA & SMS Privacy Policy
Key Definitions
- Agreement
- The agreement concluded between CX Engage and Client, including all associated appendices, to which these Terms and Conditions apply.
- Applicable Law
- (i) All applicable laws and regulations, government requests and codes of conduct laid down by competent authorities or industries that apply to providing or receiving the Service and/or End User Service in the country where the Service and/or the End User Service is delivered; and also (ii) all regulations, guidelines, conditions, policy rules and/or other requirements that are used by Operators in the country where the Service and/or the End User Service is delivered.
- Client
- The Party with whom CX Engage concludes the Agreement.
- End User
- A natural person who is authorized by Client to make use of the Client's End User Services.
- Platform
- The computing environment of CX Engage designed to create the connection between an electronic communication network and the system of the Client.
- Traffic
- Electronic communication and/or data traffic from and to a mobile telephone and/or fixed line, mobile device or online application. Such traffic includes without limitation SMS, MMS, Push, OTT, RCS, voice and/or data.
Scope and Applicability
These Terms and Conditions apply to all requests, offers, relations, quotations and Agreements between CX Engage and the Client, unless the Parties have expressly agreed otherwise in writing.
Important: Applicable Law applies to End User Services and will take precedence upon conflict with the provisions of the Agreement or these Terms and Conditions. It is the Client's sole responsibility to familiarize itself with all Applicable Law and to procure independent legal advice in respect thereof.
5. Terms & Conditions
Offers and Agreements
All offers made by CX Engage are without obligation and are non-binding unless expressly stated otherwise in writing. An agreement with CX Engage shall not be concluded until CX Engage has expressly accepted or confirmed an order to that effect in writing.
Pricing and Payment
- All prices are exclusive of value added tax (VAT) and/or any other taxes, charges or levies imposed by any government authority
- Payment terms are fourteen (14) days from invoice date unless explicitly stated otherwise
- CX Engage reserves the right to change prices and rates at any time without notice (unless fixed price agreed)
- Statutory commercial interest applies to late payments
- CX Engage is entitled to demand payment of a deposit
Client Obligations
- Ensure a secure, continuously working connection to the CX Engage Platform
- Limit access to authorized employees only and store log-in credentials securely
- Use Services only for intended and normal purposes as agreed
- Take responsibility for content of Traffic sent and compliance with Applicable Law
- Maintain up-to-date records of end user consent
- Cooperate with boarding and acceptance procedures
Warranty and Indemnification
Client warrants that the content and promotion of the End User Service under no circumstances infringes the intellectual property rights of third parties or is in breach of Applicable Law. Client shall indemnify, defend and hold harmless CX Engage against all liabilities, losses, damages, claims, penalties, fines and costs resulting from failure to comply with obligations or Applicable Law.
6. Data Processing
Processing Obligations
This section specifies the obligations of the Parties in relation to the Processing of Personal Data in accordance with GDPR and other applicable Data Protection Laws.
Technical and Organizational Measures
CX Engage implements appropriate Technical and Organizational Measures to ensure a level of security appropriate to the risk, including:
- Protection against unauthorized or unlawful Processing
- Protection against accidental destruction, loss or alteration
- Protection against unauthorized disclosure or access
- Ongoing testing and evaluation of effectiveness
Data Subject Rights
CX Engage assists clients in responding to Data Subject Requests including:
- Right of access
- Right to rectification
- Right to erasure ("right to be forgotten")
- Right to data portability
- Right to object to Processing
- Right not to be subject to automated decision making
Data Retention
Personal Data is retained for no longer than necessary for providing the Services, and in accordance with applicable law. Data is de-identified or anonymized after the applicable retention period.
7. Messaging Services
General Messaging Terms
The Client is responsible for the content of all messages sent and guarantees that these comply with Applicable Law.
SMS Messaging Specific Terms
- Standard message limit of 50,000 messages per account
- Electronic notification sent when reaching 75% of limit
- Service suspension possible when limit reached without payment
- Message limit modifications require written approval
Social Media and Push Services
These services provide communication capabilities through Social Media applications and in-app push messaging. Client is solely responsible for:
- Ensuring communication security and protection
- Obtaining required informed consent from End Users
- Compliance with social media platform terms and conditions
8. Voice Services
Voice Service Restrictions
Client guarantees to refrain from:
- Using Voice Services for other than normal intended use
- Infringing intellectual property rights of third parties
- Misusing allocated access codes or issuing such to third parties
- Teasing, spamming, offending, causing hurt or annoyance
- Establishing connections on a large scale to sales numbers
- Any action that improperly restricts payments owing to CX Engage
Fraud Prevention
CX Engage may, without notice and without liability, interrupt all Client's communications to prevent or terminate fraudulent and/or unauthorized activities.
Network Connectivity
While CX Engage uses reasonable efforts to enable interoperability, we must rely on Operator interoperability in each country. We do not warrant that all telephone numbers from all networks will be reachable at all times.
10. Contact Information
Get in Touch
If you have any questions about this Privacy Policy or our data practices, please contact us through our website or customer support channels.
Updates to This Policy
CX Engage reserves the right to modify this Privacy Policy at any time. We will inform clients of any modifications. If you don't object in writing within a month from the date of notification, the modifications are deemed accepted.
Governing Law
This Privacy Policy and all related agreements are governed by applicable data protection laws and regulations in your jurisdiction.