Privacy Policy

Effective as from 2011-11-09

Your privacy is important to 46elks. Therefore, 46elks is committed to respecting your privacy and the confidentiality of your personal data, traffic data and communications content.

This Privacy Policy is designed to assist you in understanding how 46elks uses and safeguards the information you provide in using 46elks's services and/or 46elks's websites.

1. WHAT INFORMATION DOES 46ELKS USE?

46elks may gather and use information about you, including (but not limited to) information in the following categories:

(a) Identification data (e.g. name, address, telephone number, mobile number, email address);

(b) Profile information (e.g. age, gender, country of residence and any information that you choose to make available to others as part of your User Account);

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

(d) Survey results;

(e) Information about your usage of and interaction with the Services and websites including computer, platform, device and connection information, device capability, bandwidth, statistics on page views, and traffic to and from our websites, browser type and usage statistics;

(f) Services ordered and delivered;

(g) Correspondence between you and 46elks;

(h) 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); and

(i) A cached copy of the content you serve us as a part of your use of the Services, including media files.

(j) Copies of your Services requests, and related responses

(k) Phone Call recordings made on your behalf

2. HOW DOES 46ELKS USE THIS INFORMATION AND FOR WHAT PURPOSE?

Our primary purpose in collecting information is in order for us to provide you with our Services. Our secondary purpose in collecting information is to provide you with a safe, smooth, efficient, and customized experience. 46elks collects and uses, or has third party service providers acting on 46elks's behalf collecting and using, personal data relating to you, as permitted or necessary to:

- provide 46elks's Services;

- 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);

- 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 the Services and websites

- organise and carry out 46elks's marketing or promotional operations/offers, contests, games and similar events; and protect your and 46elks's interests, including in particular to enforce our Terms of Use and prevent and fight against fraud, (together, the Purposes).

3. DISCLOSURE

Except as provided below, 46elks 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. Please note that information that you voluntarily make public in your user profile, or which you disclose on forums, discussions boards or by posting comments will be publicly available and viewable by others.

46elks may disclose personal information to respond to legal requirements, exercise our legal rights or defend against legal claims, to protect 46elks's interests, fight against fraud and to enforce our policies or to protect anyone's rights, property, or safety.

In order to provide you with the Services you have requested, 46elks may sometimes, if necessary, share your personal and traffic data with 46elks's group companies, carriers, partner service providers and/or agents, for example PSTN and/or mobile carriers and/or the third party banking organizations or other providers of payment, email delivery, analytical services, customer support, or hosting services. 46elks 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.

46elks or the operator or company facilitating your communication may provide personal data, communications content and/or traffic data to an appropriate judicial, law enforcement or government authority lawfully requesting such information. 46elks will provide all reasonable assistance and information to fulfil this request and you hereby consent to such disclosure.

Your information may be stored and processed in any country in which 46elks and its group companies maintain facilities, including outside of the EU. In this regard, or for purposes of sharing or disclosing data in accordance with this article 3, 46elks reserves the right to transfer information outside of your country. By using 46elks Services or 46elks's websites you consent to any such transfer of information outside of your country. As 46elks continues to develop its business, 46elks might sell or buy subsidiaries or business units. In such transactions as well as in the event 46elks or substantially all of its assets are acquired by a third party, personal information of 46elks 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.

4. WHAT ARE COOKIES AND HOW DOES 46ELKS USE THEM?

Cookies are small files containing a string of characters (text) that are sent to your browser from a website's server. The cookie may contain a unique identifier but it does not contain personally identifiable information such as your name or email address. 46elks may use cookies when you visit its websites, use 46elks's services or visit other websites where 46elks serves advertisements. Your Internet browser stores the cookie on your computer's hard drive and this may be accessed by the website during your next visit.

46elks uses cookies to recognize you when you sign in.

In addition, 46elks uses Google Analytics to track volume of usage on the sites and to help improve the features and layout of its websites.

Google Analytics is an analytics tool that gathers anonymous statistical information such as the number of times you have been to 46elks's website, the time and date of your last visit, the search engine and keyword that you used to find our site, the link that you accessed our site from and the location from which you accessed our site. It does not track your journeys across other websites.

5. HOW DOES 46ELKS PROTECT YOUR PERSONAL INFORMATOIN?

46elks shall take appropriate organizational and technical measures to protect the personal data and traffic data provided to it or collected by it with due observance of the applicable obligations and exceptions under the relevant legislation. Your personal and traffic data can only be accessed by authorized employees or consultants of 46elks or the concerned 46elks group entities that need to have access to this data in order to be able to fulfil their given duties.

6. CAN THIS PRIVACY POLICY BE MODIFIED?

46elks reserves the right to modify the provisions of this Privacy Policy if deemed necessary. We will inform you of these changes by publishing the revised Privacy Policy at www.46elks.com/privacy-policy. The revised Privacy Policy shall become effective within ten (10) days of such publishing, unless you expressly accept the revised Policy earlier. You agree that the express acceptance by you, or your continued use of the Services or websites after the notice period of ten (10) days, shall constitute your acceptance of the Privacy Policy.

7. WHAT RIGHTS DO YOU HAVE AND HOW CAN YOU CONTACT 46ELKS?

You have the right to access and, where relevant, to amend your personal information. To contact 46elks, send email to help@46elks.com .

13. HOW LONG IS YOUR PERSONAL DATA KEPT BY 46ELKS?

46elks will retain your information for as long as is necessary to: (1) fulfil any of the Purposes (as defined in article 2 of this Privacy Policy) or (2) comply with applicable legislation, regulatory requests and relevant orders from competent courts.