PRIVACY POLICY AND TERMS OF SERVICE AGREEMENTS

The terms and conditions set forth herein, constitute the full and complete agreement between You, agents, successors and assigns ("You" or "Your" or “User” or “Users”) and MERCURICALL GROUP Ltd herein after referred to as “MERCURICALL”. Your agreement to be bound by the terms contained herein is acknowledged by Your use of the MERCURICALL website, including but not limited to hosting services, support services, and or products made available to You.

The official operating language of MERCURICALL is English. This agreement shall be read and interpreted in English only. MERCURICALL may accommodate any other languages at its sole discretion but shall not be accountable for any lack of other language provisions or the accommodation thereof. All business interactions between you and MERCURICALL, including but not limited to interactions through emails, automated system notifications, account information, pre-recorded voice information shall be in English as default business function.

MERCURICALL, recognizes the importance of protecting the privacy of personal information about our clients and others who visit www.mercuricall.com (Our Site). Within this context, the term "personal information" includes any personally identifying information you provide, such as name, email address, post code, whether online or by any other means. You may give MERCURICALL personal information when you register for an account or service, or when you communicate with us via telephone or e-mail. MERCURICALL‘s policy is never to share your personal information with any third party except as you permit or as required by law.

The General Data Protection Regulation (GDPR)

The General Data Protection Regulation (EU) 2016/679 ("GDPR") is a regulation in EU law on data protection and privacy for all individuals within the European Union (EU) and the European Economic Area (EEA). It also addresses the export of personal data outside the EU and EEA areas. The GDPR aims primarily to give control to individuals over their personal data and to simplify the regulatory environment for international business by unifying the regulation within the EU.[1] Superseding the Data Protection Directive 95/46/EC, the regulation contains provisions and requirements pertaining to the processing of personal data of individuals (formally called data subjects in the GDPR) inside the EEA, and applies to an enterprise established in the EEA or—regardless of its location and the data subjects' citizenship—that is processing the personal information of data subjects inside the EEA.

 

As part of the GDPR policy we are obliged to describe our data collection and tracking policies in plain English.

  • We do not use cookies for tracking, marketing or any other purposes apart from the one described hereafter.

  • We store exactly 2 cookies in order to store a session cookie and your GDPR acceptance prior to logging in.

  • We do not sell or give away your personal data to any 3rd parties.

  • Your information is protected by an SSL certificate when transmitting data to or from us.

  • All information we have relating to you is what you provide voluntarily upon registration and thereafter, nothing more.

  • We do not analyse or use machine learning on your personal information.

  • We do not hold details of your credit cards

 

For further information please contact info@mercuricall.com

Amendment

By purchasing and/or using MERCURICALL services, You acknowledge that You are 18 years of age or older, You have read, understood, and agree to be bound by all terms and conditions of this agreement and any other policies or agreements made part of this agreement by reference, as well as any new, different or additional terms, modifications, conditions or policies which MERCURICALL may establish and/or revise at any time, and any agreements that MERCURICALL is currently bound by or will be bound by in the future.

Information Collection

MERCURICALL, is the owner of the registration information collected on its websites. MERCURICALL may collect information from our Users at various points on this website, including:

  • Support Requests

  • User Profile Maintenance

  • User Registration

  • General Website Usage

 

For the purpose of servicing your account, for terms of service compliance auditing, and as required by law, MERCURICALL may access your personal information without your authorization but will inform you as per GDPR compliance.

General Website Usage

Some of the services available on MERCURICALL website require no registration, and may be accessed anonymously. Other services, such as those available on www.ccpartnerportal.com, require that a User first complete a registration form. During registration a User must provide a set of identifying information, including but not limited to information such as the User's name, e-mail address, and post code. This information uniquely identifies the User's account with MERCURICALL. We will occasionally contact the User via the provided e-mail address regarding the administration of the User's account. We may also use this information to contact the User about services on our site about which the User has expressed an interest in. We give you the opportunity to opt-in for receiving marketing emails in addition to receiving account servicing emails. We do not sell or provide your email address to any third parties who wish to market their products to you.

Information Use

MERCURICALL makes use of information collected from our Users in a number of ways. Some of these uses are intrinsic to the operation of the website; in other words, MERCURICALL would be unable to fulfil essential functions without access to such information. Other uses enable MERCURICALL to provide the best possible customer experience. The following is a list of the most significant ways in which MERCURICALL makes use of your personal information:

  • User Profiles

  • Cookies

  • Log Files

  • Communications

  • Links

  • Feedback

 

You hereby consent and agree that any information MERCURICALL may collect from You and/or maintain with respect to You, including but not limited to Your account information, dates of service, billing MERCURICALL, billing records, usage statistics, site statistics, services purchased, correspondence to or from MERCURICALL concerning You or Your account, or other information which in MERCURICALL’s sole judgment is reasonable, MERCURICALL may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or is otherwise reasonable shall be within the sole discretion of MERCURICALL and may Include but shall not be limited to (1) compliance with court order, subpoena or other request of Government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act ("DMCA")

User Profile

MERCURICALL consolidates all personal registration information collected about an individual User into that User's User Profile. Each User has the ability to add, edit, or delete this information at will by logging into the User’s account online and changing this information via the User’s online profile. Apart from the User, only selected MERCURICALL employees have direct access to the entirety of this information, in order to facilitate customer service.

As described above, a User's User Profile serves as a central repository of all contact and related data entered by the User. The User has the ability to add, edit, or delete information from his User Profile at any time. In addition to User-entered data, the User Profile also contains administrative information such as a running record of MERCURICALL employee interactions with the User. This information enables MERCURICALL’s support staff to provide a consistently high-quality customer service experience across its client base, and is not accessible to the User.

Cookies

Since we do not track you we do not have a way to associate you with your actions. For this reason we need to use 3 cookies that are stored in your browser to tell us that you've read terms and conditions, understand our GDPR policy and to get your consent on the data we collect when you register with MERCURICALL. There is no personal information in these cookies.

Log Files

Like most websites, MERCURICALL uses server log files. These logs record many details about a User's visit to the site, including the following:

  • User internet protocol (IP) address.

  • User browser type.

  • Page from which the User entered the site.

  • User platform type.

  • Date & time of visit.

 

MERCURICALL does not analyse your data and this is all stored encrypted. We also do not sell or otherwise market this data. This data is mainly kept to inform you of suspicious activity on your account.

Communications

MERCURICALL restricts its communications to those Users who have established accounts on the MERCURICALL websites or have contacted MERCURICALL via the contact page. These communications fall into two general categories: Administrative communications & Targeted announcements. Administrative communications are generally one-of-a-kind in nature, and involve specific issues regarding the User's account. For example, such communications might announce the publication of new MERCURICALL features in the User's geographical region, registration confirmations and confirmations of e-mail or profile address changes, account upgrade or downgrade confirmations and account receipts. Targeted announcements are strictly limited to Users who have opted to receive them and such Users who have received such announcements and wish to opt out of them in the future may do so by completing one of the following tasks: For example, Users may opt to receive general e-mailed communications of new content or products of interest to the User, change e-mail settings on the Account Settings page or when registering account, or opting out on the unsubscribe functionality provided in the email received.

During and after the term of this agreement You agree to receive periodic emails from MERCURICALL in regards to MERCURICALL products, services, Your account, and system conditions, changes, updates or and schedules. You agree to provide, and at all times during the term of this agreement maintain, true and accurate account information on file with MERCURICALL specifically including Your name, address, email address, telephone number, billing information and any other account information requested at any time during the sign up process. You further agree that the failure to provide or maintain such accurate information is a material breach of this agreement and subjects Your account to suspension and/or termination.

Links

MERCURICALL websites may contain links to other sites. Please be aware that MERCURICALL is not responsible for the privacy practices, services, standards, security, or infrastructure of such other sites. We encourage our Users to be aware of when they leave our site and to read the privacy statements of each and every website that collects personally identifying information. This privacy statement applies solely to information collected by MERCURICALL. In certain cases MERCURICALL may use framing technology to present content from our and our partner's websites simultaneously. In such case, we will clearly identify the framed partner webpage as an outside entity. MERCURICALL will not allow any framed webpage to collect a User's personal information unless the page provides a level of security that meets our own high standard.

Feedback

MERCURICALL may collect User feedback regarding interactions with our services provided. This feedback enables us to identify potential customer service issues. Although feedback may be tied to specific User accounts within our database, such information is never presented to partners or to other Users except in aggregate form.

Security

This website takes every precaution to protect our User’s information. When we ask Users to enter personal information, that information is protected by industry-standard Secure Sockets Layer (SSL) technology. Users can identify SSL-protected pages by the lock icon that appears at the URL bar of your web browser.

Privacy

Questions & Feedback please direct any questions or feedback regarding this privacy policy to MERCURICALL by email to info@mercuricall.com. Privacy concerns, questions, and requests to inspect/change/delete/modify information covered by this policy are normally responded to within 10 business days depending on the nature of the request and the mail delivery platform selected.

An email may also be sent to the customerservice@mercuricall.com email address by clearly marking the subject line of the email to the attention of and as “MERCURICALL PRIVACY DEPARTMENT”

Acceptable Use

MERCURICALL wants all users of its resources to have a good web-browsing experience.

This acceptable use policy sets out the terms on which you may access our website www.mercuricall.com (“Our Site”). This acceptable use policy applies to all users of, and visitors to, Our Site.

Your use of Our Site means that you accept, and agree to abide by, all the policies in this acceptable use policy.

Please read this acceptable use policy carefully. By visiting Our Site you agree, without modification or limitation, to the practices described in this policy. If you do not agree to our acceptable use policy, you must not use Our Site.

We may revise this acceptable use policy at any time by amending this webpage. Please check Our Site from time to time to take notice of any changes we make. We do not undertake to notify you of changes to our acceptable use policy.

Information about us

Mercuricall.com is a site operated by MERCURICALL Group Ltd. We are registered in Cyprus, Company registration HE418246, with a registered office at Ioanni Kapodistria 10, 3032, Limassol, Cyprus.

Prohibited Uses

You may use Our Site only for lawful and morally acceptable purposes and in a manner which does not discredit Our Site or cause harm to us, our employees, agents, parent company, subsidiaries or affiliates, to other users or to sellers of products and services through linked websites. Please see the “Prohibited Content and/or Activity” section of our Terms of Use.

Suspension and Termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of Our Site. Where a breach of this policy has occurred, we may take such action as we deem appropriate. Failure to comply with this acceptable use policy constitutes a breach of our Terms of Use and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use Our Site. Immediate, temporary or permanent removal of any posting or material uploaded by you to Our Site. Removal of any links you have to or from Our Site. Issue of a warning to you. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach. Further legal action against you. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Ownership Of Intellectual Property

MERCURICALL owns all rights, titles and interests in MERCURICALL’s intellectual property, including but not limited to: trade names, service marks, inventions, copyrights, trade secrets, patents and know-how relating to the design, function or operation of plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a license to You to use MERCURICALL’s trade names or service marks. Your use of any intellectual property rights and/or proprietary information mentioned in this agreement or otherwise owned or licensed by MERCURICALL is limited to Your use in connection with the MERCURICALL website, services, support services and/or any MERCURICALL software, functionality, service, or product made available to You.

Disclosure Of Information

 

MERCURICALL may disclose information including, but not limited to, information concerning You, a transmission made using our services or our websites, in order to comply with a valid court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request (compliance documents) properly served on MERCURICALL or one of its affiliates. If one of the aforementioned documents and/or requests is issued, MERCURICALL and/or its attorneys will review such documents to determine their validity prior to taking any action related thereto. You agree that MERCURICALL may charge You a reasonable administrative fee for addressing and responding to any requests and/or any such issues related to You. MERCURICALL assumes no obligation to inform You that Your information has been provided and in some cases MERCURICALL may be prohibited by law from giving such notice.

Term Of Agreement

The initial term of this agreement shall be the period selected by You at the commencement of Your account.

Warranties And Limitations

MERCURICALL makes every reasonable effort to maintain operation of MERCURICALL LLC and website, however because as many events and circumstances are beyond the control of MERCURICALL, MERCURICALL does not in any way warrant or otherwise guarantee the availability of the MERCURICALL system, website, services, or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of MERCURICALL. MERCURICALL’S services are provided to you on an “as is” basis and without warranty of any kind, whether expressed or implied, including, but without limitation, any implied warranty of merchantability, or fitness for a particular purpose. In general, MERCURICALL has no control over information contained on the internet. Information obtained by You from the internet may be inaccurate, offensive or in some cases even illegal. MERCURICALL accepts no responsibility for any information which You receive from the internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that You obtain from the internet as well as the reputation of the individuals with whom You may deal. MERCURICALL provides no warrantee for any goods or services which You obtain over the internet nor the compatibility of any such services with the MERCURICALL system, services or websites.

You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits, loss of stored assets, or loss of business as the result of any action taken in response to any claim of copyright or other intellectual property infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing. THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO MERCURICALL IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL MERCURICALL BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.

Indemnity

You agree to fully defend, indemnify and hold harmless MERCURICALL of and from any and all third party claims, causes of action, demands, costs, and damages, including but not limited to direct and consequential damages, attorneys fees and costs, expert fees and costs, and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to Your use of the MERCURICALL website or any portion thereof. Choice of counsel remains exclusively that of MERCURICALL.

You agree that upon the assignment of Your User ID and password that You will maintain the confidentiality of Your account information and assume all responsibility due to any loss, theft or other destruction of any data as the result of any access to Your account via the use of Your User ID. You further agree to defend, and indemnify and hold harmless MERCURICALL of and from any and all third party claims, causes of action, demands, costs, and damages, including but not limited to direct and consequential damages, attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of Your confidential User ID and Password information. Choice of counsel remains exclusively that of MERCURICALL. Any software or services or solutions provided to you as part of using the services provided, including licenses for products and services used on a monthly basis for a set monthly fee, are licensed to and will remain the property of MERCURICALL, even after Your cancellation of said services.

Force Majeure

MERCURICALL shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labour disputes and strikes, riots, war, and governmental requirements. The obligations and rights of MERCURICALL shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

Assignment

Your rights under this agreement may be assigned only upon prior written notice and express written approval by MERCURICALL. MERCURICALL may assign its rights hereunder to any person or entity who shall become a principal owner or shareholder of MERCURICALL. Any other attempted transfer or assignment of rights hereunder shall be null and void.

Severability

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the agreement.

Governing Law

Any dispute or claim arising under, out of or in connection with these TOU or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. You and we irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use or their subject matter or formation (including non-contractual disputes or claims).

No Agency

Notwithstanding any other provision of this agreement, MERCURICALL is not Your agent, partner or joint venture in any respect.

Modification to Terms

MERCURICALL may without advance notice amend this agreement from time to time, and will do so by posting the new agreement on the MERCURICALL website(s) in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.

If any provision or part-provision of these Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these Terms of Use.

Acknowledgement

By your use of Our Site, you agree that you have read, understood and agreed to abide by all of the terms and conditions contained in these Terms of Use, which include those terms, conditions and policies expressly incorporated by reference.

Contact Us

If you would like to request additional information regarding these Terms of Use, please contact us at: info@mercuricall.com