Privacy Policy

NexTalk Software, Inc. (referred to hereafter as "Company," "we," or "us") respects your privacy and is committed to protecting your personal data. This Privacy Policy explains how we collect, use, disclose, and safeguard your personal data when you visit our website, use our services, or interact with us. It also describes your privacy rights and how the law protects you.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR PERSONAL INFORMATION. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE WEBSITE OR USE OUR SERVICES.

This Privacy Policy applies to personal data collected through our website, applications, and services, including any data you provide when applying for a position, subscribing to services, or purchasing products.

• Children’s Privacy: Our services are not directed to children under the age of 18. We do not knowingly collect data from children. If you are a parent or guardian creating an account for a dependent user, you represent that you have lawful authority to provide such information.
• Data Controller: NexTalk Software, Inc. is the data controller for personal data collected through our services. For certain enterprise or government customers, NexTalk may act as a data processor, processing data solely under the customer’s instructions and applicable data-processing agreements.
• Data Protection Officer (DPO): We have appointed a DPO to oversee compliance and answer privacy-related questions.

DPO Contact Details
NexTalk Software, Inc.
448 E Winchester, Ste 100, Murray, UT 84107
Email: mail@nextalk.com
Telephone: 801-274-6001

We may collect the following categories of personal data:

• Identity Data: Information that identifies you personally, such as your name, professional title, date of birth, and gender.
• Contact Data: Information used to reach you, including your physical mailing address, email address, and phone numbers.
• Financial Data: Information necessary to process payments, such as your bank account details and payment card details.
• Technical Data: Information collected automatically when you interact with our services, including your IP address, login details, browser type, device identifiers, cookie data, and operating system.
• Profile Data: Information related to your account and preferences, including usernames, passwords, preferences, interests, and feedback you provide.
• Registration Data: Information you provide when registering for a NexTalk service of account, such as your name, email address, login credentials, and related contact information.  
• TRS User Registration Database (IP CTS users only): If you use the federal Internet Protocol Captioned Telephone Service (IP CTS), we are required by FCC rules to collect and maintain certain information, including your first and last name, residential address, telephone number, date of birth, the last four digits of your Social Security Number, your NexTalk account number, your signature, and your self-certification date.
• Marketing and Communications Data: Information about your communication preferences, including how you wish to receive marketing materials and other messages from us.
• Sensitive Personal Information: As defined by applicable privacy laws such as the California Privacy Rights Act (CPRA) and Quebec Law 25, this may include categories of data such as geolocation, government identifiers (SSN, SIN), racial or ethnic origin, health or disability related data, or biometric identifiers. We may collect limited disability-related information solely to verify eligibility for IP CTS in accordance with FCC requirements and ADA accessibility accommodations.

We do not collect criminal conviction data unless required by law for employment screening.

• Direct Interactions: Information you provide to us directly, such as when you complete forms, create an account, make a purchase, apply for a job, or communicate with us by email, phone, or other channels.
• Automated Technologies: Information collected automatically when you interact with our services, including through cookies, analytics tools, tracking pixels, and server log data.
• Third Parties and Partners: Information we may receive from third parties such as business partners, service providers, analytics providers, and recruitment vendors.

We use personal information for the following purposes, in accordance with applicable privacy laws:

• Performance of a Contract: To provide you with our services, process transactions and payments, and fulfill our contractual obligations.
• Legitimate Interests: To improve and personalize our products and services, ensure the security of our systems, provide customer support, and conduct internal analysis.
• Legal Obligations: To comply with applicable laws and regulations, respond to lawful requests, maintain audit records, and meet tax and reporting requirements.
• Consent: Where required by law, to send marketing communications, use cookies and similar technologies, or process sensitive personal information with your explicit permission.

We may use automated decision-making (e.g., fraud detection or job application screening). If we do, you have the right to request human intervention and challenge such decisions.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

• You may receive marketing communications if you requested information, applied for employment, or used our services and have not opted out.
• You may opt out at any time via unsubscribe links or by contacting us.

We use cookies and similar technologies to:

• Enable website functionality.
• Analyze traffic and usage (e.g., Google Analytics).
• Deliver advertising and measure its effectiveness.
• Provide session replay for support and quality purposes.

You can manage cookies in your browser. Disabling cookies may affect functionality.

We will only use personal data for the purpose it was collected unless another use is compatible. If we need to use your data for an unrelated purpose, we will notify you and explain the legal basis.

We do not sell personal data. We may share your personal information only under the following circumstances.

• Service Providers: With trusted vendors who perform services on our behalf, such as information technology support, analytics, cloud hosting, payment processing, and recruitment services.
• Business Partners: With partners where it is necessary to deliver joint services, integrate offerings, or support collaborative business activities.
• Corporate Transactions: In connection with a merger, acquisition, restructuring, or sale of assets, where your personal information may be transferred as part of the transaction.
• Regulatory Authorities and Legal Requirements: When required to comply with applicable laws, regulations, legal processes, or enforceable governmental requests.

We require all third-party recipients of personal information to use it only for the purposes specified, to maintain appropriate security measures, and to handle the data in compliance with applicable privacy laws and contractual obligations.

We may disclose TRS user registration and call-detail data to the FCC or TRS Fund administrator for reimbursement, audit, or compliance verification.

We have implemented administrative, technical, and physical safeguards, including:

• Encryption of data in transit and at rest.
• Role-based access controls and authentication measures.
• Security awareness training for employees.
• Breach response procedures.

If a data breach occurs, we will notify you and regulators as required by law.

We retain personal information only for as long as necessary to fulfill the purposes for which it was collected, including to satisfy legal, regulatory, accounting, or reporting requirements. Retention periods vary depending on the type of data:

• Customer Account Data: Retained for the duration of the customer relationship and for up to seven (7) years after account closure, in order to comply with legal and contractual obligations.
• Job Application Data: Retained for up to two (2) years following submission, unless a longer period is required by law or necessary to establish, exercise, or defend legal claims.
• Financial and Transaction Records: Retained for seven (7) years to comply with tax and financial reporting requirements.
• Analytics and Cookie Data: Typically retained for a period of twelve (12) to twenty-four (24) months, unless a shorter or longer retention is required by law or business need.

In some cases, personal information may be anonymized or de-identified and retained indefinitely for research, statistical, or analytical purposes. Once anonymized, this data can no longer be used to identify you.

If you reside outside the U.S., your data may be transferred to the United States for processing. Safeguards include contractual clauses, adequacy determinations, or other lawful transfer mechanisms.

Depending on your jurisdiction, you may have the following rights:

1. Right to Access

You may request a copy of the personal data we hold about you.

2. Right to Correction

You may request correction of inaccurate or incomplete personal data.

3. Right to Deletion

You may request deletion of your personal data where there is no legal basis for continued processing.

4. Right to Object

You may object to processing where we rely on legitimate interests, including objection to direct marketing.

5. Right to Restrict Processing

You may request that we suspend processing of your data in certain circumstances (e.g., accuracy contested, processing unlawful but deletion not desired).

6. Right to Data Portability

You may request a structured, machine-readable copy of your personal data or transfer to another party.

7. Right to Withdraw Consent

Where processing is based on consent, you may withdraw at any time.

8. Rights Related to Automated Decision-Making

You may request information about automated decision-making and request human review where it significantly affects you.

Exercising Rights: To exercise your rights, contact our DPO at mail@nextalk.com. We may request verification of your identity.

Response Time: We aim to respond within 45 days of its receipt. Extensions may apply for complex requests.

Fees: Generally free of charge, unless requests are excessive, repetitive, or unfounded.

California (CPRA)

California residents have the right to:

• Access and data portability.
• Correction of inaccurate personal information.
• Deletion of personal information.
• Opt out of sale or “sharing” of personal information.
• Limit use of sensitive personal information.
• Know about categories of data collected, sources, and business purposes.
• Non-discrimination for exercising rights.

Virginia, Colorado, Connecticut, Utah

Residents have the right to:

• Confirm whether we process their data.
• Access and obtain a copy of data.
• Correction and deletion.
• Opt out of targeted advertising, profiling, and sale of data.
• Appeal if a request is denied.

Canada (PIPEDA & Quebec Law 25)

Canadian residents have the right to:

• Access, correction, and deletion of data.
• Be informed about automated decision-making and profiling.
• Consent for collection, use, and disclosure of data.
• De-indexing or cessation of dissemination in certain cases (Quebec).
• File complaints with the Office of the Privacy Commissioner of Canada or provincial regulators.

Federal TRS Data: Certain relay data processing is governed by federal law (47 C.F.R. Part 64) and may be exempt from state-law privacy rights to the extent of pre-emption.

We will not deny services, charge different prices, or provide different quality of service if you exercise your privacy rights.

We may update this Privacy Policy as laws change or our practices evolve. Updates will be posted with a revised “Last Reviewed” date.

If you have questions or complaints, contact:

mail@nextalk.com
801-274-6001
NexTalk Software, Inc. – 448 E Winchester, Ste 100, Murray, UT 84107