We are a company providing communications to humans
We provide also a lot of instruments to simple communicate with usTry to reach us, you will notice the difference!
(we like to be transparent)
These are the Terms and Conditions of Callburn Services SL, a limited liability company, headquartered in Calle Monseñor Antonio Hurtado De Mendoza 8, 03293 Elche (Alicante), Spain.
The following terms and conditions describe under what conditions you ("User" or "user") have the right to use the services offered on Callburn.com. By registering, you agree to the following Terms and Conditions. For questions relating to these Terms and Conditions, you can contact us from the Contact Us section.
Callburn Services reserves the right to change these Terms and Conditions at any time. In the event that the terms and conditions are changed, the User must be communicated with two (2) weeks in advance via e-mail address registered in your account. In the event that the user has not objected to the amendment, within two (2) weeks of notification, the changes to the terms and conditions are deemed accepted by the user. In the event that the user does not accept changes to the Conditions, Callburn Services reserves the right to cancel the account, reimbursing the totality of any prepaid credit content, related to payments made (are excluded credit bonus or promotional offers).
These terms and conditions apply to all services and in the context of the amenities offered, races and agreements by and between, Callburn Services and the user.
Any deviations from these Terms and Conditions are valid only if expressly agreed in writing.
Services / Costs
All prices mentioned in this document are, unless otherwise agreed, excluding VAT and other government levies, as well as all other costs for the realization of the contract, including the cost of shipping, handling and operation.
Callburn Services may not maintain its offer if the user could reasonably understand that the offer or a part of it contains obvious errors.
Callburn Services reserves the right to change the prices in its sole discretion. In the event that prices are subject to change, at any time that changes must be mentioned on the website of Callburn Services.
Callburn Services will be responsible for any short or long interruption of the transmission data to the mobile phone of the User / Recipient, only in cases where the interruption is due to a malfunction of its systems.
Callburn Services ensures that a callmessage is sent properly and on time and ensures the availability of complete and permanent all service with a SLA of 99.9% minimum. In case of default of the SLA or not sending callmessages, properly programmed by the user, exclusively due to Callburn Services for gross negligence or willful misconduct, Callburn Services will refund the amount paid (for the part related to the fault) more compensation equal the same amount, increasing the credit Callburn.
Callburn Services will charge only callmessages successfully delivered and heard. For messages delivered it means all those cases in which the recipient's phone, or his voice mail, has been properly met. Heard messages are intended for cases in which there has been a response to our phone call. If your message is delivered but not heard (where there has not been an answer machine) the cost of the message will not be charged; what it will happen if after no less than 5 delivery attempts, the callmessage is not heard (thus including the cases of non-existent telephone numbers, or busy with the device turned off).
The price of the message is based on a rate per minute, according to the minutes of listening actual message by the recipient, with a minimum billable 20 seconds for each message heard. Tariffs standards apply to any test call sent, originated Callburn from your user or using the API key user.
You are responsible for all expenses relating to purchases made using the account Callburn including methods of payment used, even if such purchases have not been authorized.
The user must always behave as an Internet user and a sender of callmessages, responsible and careful. When you use the services Callburn Services, the user is required to take into account the applicable legal rules and the rules set by Callburn Services.
You are fully responsible for the content of the callmessages sent by users, clients of the User or a third party, at the request of the User. The user indemnifies Callburn Services for damages resulting from the content of the callmessages sent.
You will not have to send messages that include content or expressions that harm or may harm the interests Callburn Services or its users.
You may not in any way make use of the services of Callburn Services for expressions that are character: illegal, pornographic, offensive, racist, discriminatory and terrorist. The evaluation of the content will be made at the sole discretion of Callburn Services. You warrant that your use of the services of Callburn Services for its part does not violate in any way the rights of third parties, and any violations will be charged to the User. In these cases Callburn reserves the right to report to the authorities and close the account.
In case of suspected or fraudulent use, Callburn Services reserves the right to display - either electronically or not - all messages (sent or to be sent) by the user, in order to verify if the content meets or does not violate the provisions of this Article.
Callburn Services is authorized to suspend the fulfillment of its obligations or to withdraw from a contract, if you fail to comply with its obligations.
Without prejudice to its other rights, Callburn Services has the right to terminate the contract with immediate effect if:
- The user is not fulfilling its obligations, or in violation of the terms of the agreement;
- Callburn Services considers that the average user would be contrary to public policy or morality, or could in any way be considered offensive or violent;
- Callburn Services and / or its interests might in any way be damaged by acts by the user;
- For any other act or bad thing that will be evaluated by Callburn Services.
Complaints regarding services provided shall be indicated by means of a written or chat message, from the user to Callburn Services within 8 days from the date of discovery. The notice must include a description of the malfunction as detailed as possible, so Callburn Services is able to respond appropriately. If a complaint is legitimate, Callburn Services will provide its service (again at his own expense), unless such provision is no longer of interest to the user. The latter case should be expressed in writing by you and will result in a full refund of the amount paid by the customer plus any compensation subject to evaluation by the support team.
The user is not authorized to use the services of Callburn Services for actions and / or behaviors that are in violation or contrary to law, or contrary to these Terms and Conditions. This includes, but not limited to, the following actions and behavior:
- Spam: mass mailing of unsolicited messages with the same content;
- Violation of copyright or any other conduct that violates the intellectual property rights of third parties;
- Deception to others;
- Abuse of texts, logos or information from Callburn Services;
- Offering products or services that are not the user, without the owner's consent;
- Offering products or services that do not comply with Spanish law.
The services provided by Callburn Services are based on a pre-pay credit (prepayment). The user purchases a credit that will be added to the account only after payment.
The credits purchased will have no time limit and will reimburse solely at the discretion of the support team, also net of any discounts or promotions.
Callburn Services is never liable for any damage suffered as a result of an error in the execution of the contract, except in cases of gross negligence or willful misconduct of Callburn Services.
If Callburn Services is responsible for any damages of any kind, such liability is limited to the provisions in these Terms and Conditions.
Apart from the cases mentioned in this article, Callburn Services will not be liable for any damages, regardless of the basis on which it will base an appeal for damages.
Callburn Services is never responsible for indirect damage, also including consequential damages, lost profits, loss of data, loss of savings and damage due to market stagnation.
Callburn Services is committed to safely transfer your data. Callburn Services, however, does not guarantee complete data security. The use of the services of Callburn Services is, as regards the security of data, at the risk of the user.
The User indemnifies Callburn Services for any claim by third parties concerning intellectual property rights on materials or data provided by users made available by you, for the execution of services. User shall indemnify also Callburn Services for other possible claims of third parties who suffer damages in connection with the provision of services and which are attributable to the user.
Callburn Services provides a telephone service. The user calls with your phone number, indicated during registration (or added later). Each call will be made directly by the user who assumes responsibility for the content of the callmessage. Callburn Services is not responsible for the lack of consent of the recipients of the message, to receive calls from the user's number. The numbers entered by the user, are owned exclusively and Callburn Services is not the owner of the list of numbers and is not responsible for their incorrect use.
Callburn Services does not use the data by the User for purposes other than the provision of services and will not sell this data to third parties.
Callburn Services will not disclose personal information of users, unless express consent is granted except in exceptional circumstances that such information is required for legal purposes.
Callburn Services will comply with the Spanish legislation in force on privacy. In the event that there is a legal obligation Callburn Services will present the user data to third parties.
The information inside the database Callburn Services are protected by the latest computer technology with the use of firewalls, encryption of the file system and continuous updates. Also external accesses are password protected so that only the user has access to personal information and user accounts. The username and password provided by Callburn Services for the user are strictly personal and must be kept secret. You are responsible for the misuse of the username / password and must immediately notify Callburn Services of any loss and / or misuse.
Callburn Services takes several steps to keep your data as safe as possible, but cannot guarantee the security of data. The measures taken by Callburn Services include (but not exclusively):
- Limited time for access to sensitive data
- Two-factor authentication for access to sensitive data.
- Access based on the principle of "need to know"
- The principle of the 4 eyes to different data, including financial data
- Registration and detailed monitoring (internal and external)
- Policy Outsourcing agreement with confidentiality
- Policy data retention
- The use of a Head of Compliance at internal and external to validate that you have observed the internal procedures
- Required a certificate of good conduct for each new employee.
If the agreement, for whatever reason, has been completed, Callburn Services has the right to block access to your account and the removal of all its sensitive data, with the exception of the historian of the messages sent and charges / refills of receivables.
For any agreement to Callburn Services, Spanish law is applicable. Any disputes arising out of, or related to the obligations resulting from the agreement between the parties, will be submitted exclusively to the court of Alicante.
Why we collect personal data
All the personal data we process is lawfully obtained and with a legal basis. The purpose of the information we collect is so we can continue to conduct and expand our day-to-day business, and enable you to use our services. Personal data can also help us to improve our products to fit the needs of our customers.
Just as keeping your data safe is our priority, so is protecting your rights and freedom as an individual, all in full compliance with global standards of rules and regulations for the protection of data. We process personal data based on a limited set of legal bases: 1) explicit consent (e.g. ticking a box on our website when you want to download product information), 2) signing a contract to receive a Callburn service, 3) a legitimate interest to do so (e.g. web analytics or direct marketing when there is an existing relationship), and 4) we have a legal obligation to do so (such as storing financial billing data for the time-period required).
We collect personal data for specific purposes, and we’ll always tell you what those are when we collect it. We’ll use the collected data for that purpose alone, as long as our relationship stays the same. If our relationship changes, we may need more information. For example, if you fill out a form to request more information, we’ll use your data to send it to you. If you then decide to become a customer, we need additional information including your billing address.
Here’s a list of the purposes we need information for.
- Sharing relevant information about our products and services,
- Creating an account that’s connected to your person and company,
- Analysing usage of our products and services,
- Detecting fraudulent or unlawful activity,
- Keeping your account secure.
You will always have the choice to provide personal data on our domain or not. Please keep in mind that declining to provide personal data might fairly mean that you cannot use a certain product or service. We will tell you the implications of not providing the information asked for when you choose not to do so.
In order to develop our business, we make use of third parties that supply us with information collected from publicly available sources and data enrichment providers. The information we collect is based on personas created by automated processes. In order to make sure we only approach the right audience, we only retain information that will help us reach out to people and companies that would benefit from the use of our services and products. If you no longer want to be contacted by our sales team, you can always object.
What data we collect
The exact type of data we collect depends on the related product or service. Setting your privacy settings on our website, signing up for a newsletter, downloading marketing materials, or using any of our products and services all require you to leave appropriate details, specific to that purpose. We never collect more data than we need and may ask for additional data at the appropriate time.
The personal data we collect may include depending on our relationship:
- Contact details,
- Account credentials,
- Financial data,
- Usage data,
- Location data,
- Content data.
How we collect and use data
To be thorough, we've listed how we collect personal data and how it will be used. The information below is not exhaustive and might be updated in accordance to new legislation, or because further clarification is needed based on a new product or service.
When browsing our website we automatically collect data by placing cookies and trusted tracking technologies on your browser. The information we collect helps us to maintain and improve our website and business and usually includes your IP address, browser type, the pages you've visited and in what order, and if your a new or recurring visitor.
We use this data to ensure the website works correctly and to store any preferences you may have. It also helps us show relevant advertisements, to generate and review data, and create reports describing our website user base and usage patterns.
When filling out a web form on our website, you directly interact with us. When you ‘Talk to Sales’, 'Suggest an Integration, ‘Talk to Support’ through our live chat window, send us an email, or subscribe to our newsletter we hold the right to use the data you provide.
Whenever you sign up on our website, we ask for some personal data like your email address, company, name, and the content of your inquiries. The particular fields to fill in may differ per form, we'll never ask you for irrelevant information, and we'll always use the data for the purpose you submitted it for.
If you're already a customer and you reach out for assistance through our website, we'll use the data collected from your account. That gives us relevant insight into how you’re using our platform, what your business needs are, past support issues, and so on. Pulling this information allows us to tailor our assistance and provide the best possible support.
When creating a free trial account, you need to fill out some personal data. The information we ask for is limited to what we need to provide you with the trial account. If you sign up by linking a third party account, you allow a third party to share basic profile information needed to create a personal account with Callburn.
We always ask you to authenticate yourself when activating your account by sending an activation link sent to the email address you provided. All you have to do next is log-in with your username and password and you're ready to get started. Activating your account with a confirmation link proves to us that you created the account and that you're human.
When you start using the product during or after your free trial, we will ask for your phone number. Your number is used to send test messages, allows our support team to contact you, and allows for two-factor authentication on your account.
When buying credits or subscribing to a plan, we need more information than just your name and password. In order to start billing, we need information including your company details, billing address and preferred payment method(s). You’re assigned an Account ID automatically that’s used to process your orders, assign invoices, and track API requests. If you integrate our APIs into your software application, you'll be given an authentication token that allows us to identify you when you send API requests.
Your credentials help us to improve our internal processes and services. We keep account credentials on record to identify the account that assigns the API commands, and to make sure the account manager and our support team can store and access relevant information about your account.
Sometimes, we're legally required to collect additional information depending on the service. For instance, if you want to operate in Canada, Denmark, Malaysia, or the United States, you need specific approval. You request this on your account portal. To do so, we require details like the purpose of your campaign, and a template or example SMS that you would send via Callburn. We then share this information with local authorities of the country you specified to complete the procedure.
When using our products and services, we collect what commands your application communicates to Callburn. This includes your IP addresses, information on your usage, and routing information.
We won’t share your information with third parties without your permission, except when we’re required to by law.
We will only respond to government requests when we are legally obliged to do so. The request needs to 1) be sent from a government agency, 2) be issued where we are subject to the respective jurisdiction, 3) be an enforceable subpoena, search warrant, court order or similar official instrument compelling us to disclose the information requested, and 4) state the categories of records sought and specific time period.
International transfer of data (outside EEA area)
As a global, cloud based enterprise, our usage of the internet almost always involves the international transmission of personal data, both within and outside the EEA. If in our capacity as Processor an SMS message and the personal data involved transfer to a country outside the EEA, this is always determined by the use of our client in their role as Controller.
We take care to ensure our partners outside the EEA have sufficient guarantees and safeguards in place to properly treat and protect your data. Whether we're dealing with international mobile operators or other companies, we always make sure we contractually agree on data protection to protect the rights and freedoms of all individuals, inside and outside the EU, and ensure compliance with the GDPR.
Data security and compliance obligations
We do everything in our power to keep your data safe. We invest in state-of-the-art technology and thorough security screenings of our infrastructure and employees to minimise security risks.
Since all our accounts are password, and possibly two-factor authentication, protected, the only person with access to your account should be you. If your login information is stolen or used without your permission, it's imperative you notify us immediately so we can secure your account. You can do so by sending an email to privacy@Callburn.com with the subject 'Urgent: account credentials'.
If you want to know more about the measures we take to keep your data secure, check out our Security Statement. It contains information about the industry standard, administrative, technical, physical, and organizational safeguards designed to prevent unauthorized access and use of personal data.
Retention of personal data
How long we keep personal data depends on its nature and the purpose for which it was obtained. Personal data related to our services, such as telephone numbers, geographic data, and message body, have a default retention period of 6 months. We only keep information that can personally identify you for 12 months for marketing and sales purposes.
If you would like to review, amend, transfer or request to delete personal data during the default retention period, you can use dedicated features to do so. You can use our Data Request API for bulk requests. More specific requests can be submitted through easily accessible forms on our Dashboard.
If we've come to an agreement with you that we can store your data for an alternative period of time, we'll do that for as long as the agreement stipulates. After the agreed retention period, we might keep data in a non-identifiable form for archival, statistical and/or other legitimate purposes. None of it will be able to identify you as an individual.
Controlling your rights and choices
Even though we collect your data to conduct business, your data stays your own. You stay in control of your personal data and can at any time choose what you want us do with it.
You can at any time:
Change your cookie settings. When you visit our website for the first time, you can either allow us to place all the cookies we use on your browser, decide to accept specific ones or deny all our cookies. You can always change your preferences in your browser settings and the cookie settings on our website. Each setting has an explanation of the implications of accepting it or not.
Withdraw consent to our processing of your data. If for whatever reason you no longer want us to use your personal data, you’re free to change your mind. We will always comply with your request, unless we're legally required to keep your data. Which basically means that if there is any legal dispute, about for example outstanding invoices, we can keep your information until it’s resolved.
Control and review your data. You can always view, amend, delete, and transfer your personal data. If you want to edit your information, you can do so on our dashboard where you can find an overview of your personal data. If you don’t use the dashboard, you can get a copy of your personal data directly to update your information by sending a request to privacy@Callburn.com, our support staff, or send a written request directly to our headquarters in Spain. We’ll process your request as soon as possible with a maximum of one a month of receiving it. If a request is complicated or we get too many requests to process at a given time period, our response time can be increased by two months. You’ll be informed when such an extension period applies. When you choose to delete your personal data, we hold the right to hold onto anonymised and aggregated data. If we do so, nothing will be able to identify you as a person in any way. If we’re required to retain your information for legal reasons, we will let you know in response to your request.
Object to and restrict the processing of data. When your personal data is being processed to fulfill a legitimate interest to us, such as marketing, you’re able to object and unsubscribe. You can always exercise your right to restrict processing, and we’ll make sure to process your data in the way you specify. We will assess each request on a case-by-case basis according to the rules set out by the GDPR. If we override your request, we need to demonstrate that we have compelling grounds to do so, or that there’s a legal claim which allows us to retain personal data. If you don’t agree with how we’ve handled your request, you can file a complaint with the Supervisory Authority of The Netherlands, the authority related to the Member State you live or work in, or the country in which the suspected infringement has taken place.
Our services and products are not directed to children under the age of 18. We never knowingly collect and/or process any personal data from children under this age directly. If we discover we’ve received personal data from a child without parental or legal consent, we will immediately take reasonable steps to delete that information as quickly as possible. If you believe we have any information from or about a child, please contact us at privacy@Callburn.com with the subject: ‘Children’.
Changes in our Privacy Statement
This statement might be subject to changes. We reserve the right to change, update, modify, or remove any part of this Privacy Statement at any time. If any modifications substantially affects your rights under this statement, we will send you an email where possible. You can always decide to continue to use our services or not in accordance with the new terms.
If you have any dispute with us relating to our privacy practices, please contact our legal team at privacy@Callburn.com with the subject: ‘Dispute’. If we can’t reach an understanding via email, please refer to the Terms, which describes how disputes will be resolved between us. Please be sure to review the Terms before you use any of our products and services.
If you have any questions left regarding the processing of your personal data when you use our website and services, or have any feedback or suggestions to make this policy better, please don’t not hesitate to contact us.
If you’re not satisfied with our reply, you may refer your complaint to the relevant regulator in your jurisdiction.
You can reach our Data Protection Officer at privacy@Callburn.com or at our HQ address: