Privacy Policy

Effective From: 24/09/2020
Last Updated on: 09/03/2021

1. GENERAL

CommChat AG. and its Affiliates and Subsidiaries (hereinafter referred collectively to as "we", "us", "our" and/or "COMMCHAT") hereby provides you with mobile application "Communicator", a set of mobile application, platform, servers, website, source code and software associated (collectively, referred to as the "App"), for the purpose of providing services such as online-offline messaging, messaging related features, sharing document, contact, video, audio and pictures through attachments, file transfer and emoji. In these circumstances, COMMCHAT recognizes and comprehends the significance of the privacy of its User ("users", "You") and wants to respect your desire to store, process, encrypt and decrypt information in a private and protected manner. Our users control all the Information collected through our App. We collect the information under the authorization provided by our users and the processing of such information shall be limited to the purpose of providing the service for which our users have engaged us. This Privacy Policy applies to our Apps and defines how COMMCHAT manages, stores and operates your information through its Apps. Therefore, in order to use the Apps, we require you to agree to the gathering and handlings of your information prior to your commencement of using the Apps. If you do not agree with the terms of this Privacy Policy, you may not use the Apps in any manner. Moreover, continued use of the Apps will constitute acceptance of these Privacy Policies, as may be amended from time to time.

2. DEFINITIONS

In these Privacy Policies, the following capitalized terms shall have the following meanings, except where the context otherwise requires: “Account” means an account created by a User on the App as part of Registration

“App” refers to mobile application, platform, servers, website, source code, desktop application and software associated with “Communicator” and developed by COMMCHAT that enables the User to commence instant messaging, calls, video-calls, group calls and file sharing.

“Device” means the mobile phone, tablet PC, personal computer or laptop used by the User to enable the services of the App.

“Identity Information” means any external, biological or physical information or any other information which individually or jointly can identify a person or a system, his/her name, address, Date of birth, mother’s name , father’s name, National identity , birth and death registration number, finger print, phone number, email address, passport number, bank account number , driver’s license , E-TIN number, Electronic or digital signature, login information, username, Credit or Debit card number, voice print , retina image , iris image , signature, DNA profile, Security related questions and/or any other identification.

“Information” means any identity information, registration information, any data, contacts, and/or information including, without limitation, reviews, responses, account entries, posts, questions, videos, text, video, documents, customer support information, audio, recordings, images (including photographs), login data, offline/online status, location and audios, images/photograph and/or videos collected through User’s device’s camera, audio recorded and/or transmitted through User’s device’s microphone sensors that User uploads, posts, transmits, or otherwise disseminates using, or in connection with, COMMCHAT's Services.

“Contacts” Contacts mean all regularly updated contacts from User’s mobile phone or email address book; as authorized by the User to COMMCHAT to obtain such contacts to enable the App’s Services.

“Registration Information” means information, password, phone number, and/or email address provided by the User for creating an account with the App.

"Services" means all the services provided by the App and/or subsequent and relevant services or benefits deriving out of the App; which includes online-offline messaging, messaging related features, sharing document, texts, contact, video, audio and images (including photographs) through attachments, file transfer and emoji.

“COMMCHAT” means CommChat AG and shall include its Affiliates and Subsidiaries

"Third Parties" means any natural or legal person or entity other than COMMCHAT

“User" means User using Communicator App and may also include plural form of the word in cases.

3. PREVALENT ISSUES ABOUT THE APP AND THE SERVICES

3.1 Suggestions: We welcome your comments regarding the Apps and the Service. If you elect to provide or make available suggestions, comments, ideas, improvements, or other information or materials to us (“Suggestions”) in connection with or related to the Apps or Service, you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable license, with the right to sublicense, to use and disclose such Suggestions in any manner and via any media the COMMCHAT chooses, without reference to its source and without any other obligation.

4. INFORMATION WE COLLECT

Information deriving out your usage of the App, usually gets stored on your device. However, occasionally we may collect such information for our server and cloud system for data processing and encryption purposes. Above mentioned Information are as follows:

4.1 Voluntarily Provided Information:

4.1.1 Account or Registration Information: When you register an account with us, we may collect your name and contact details, such as your email address, phone number, username, and login credentials. During your interaction with the App, we may further collect your nickname, profile picture, country code, language preference or time zone information into your account.

4.1.2 Feedback: When using feedback and suggestion features in the App, we will collect your email address, mobile phone number and your feedback content to address your problems and solve device failures on a timely basis.

4.1.3 Messages: Messages transmitted through the App shall be stored on your own device. In case of undelivered messages, the App will automatically store the message in the server in an encrypted state, in order to deliver the message for the time being. However, the undelivered message stored with the server shall be deleted, once it is being successfully delivered to its recipient.

4.1.4 Transmitted Information: Information transmitted, shared and posts about or effecting you made by yourself or by other Users.

4.1.5 Location Information: Information that derived from your or other user’s post or via transmitted information that contain location information.

4.2 Automated Information:

4.2.1 Device Information: When you interact with the App, we automatically collect device information, such as the MAC address of your devices, GPS, Wi-Fi, compass, accelerometer, IP address, scripts or E-Tags, wireless connection information, operating system type and version, application version number, push notification identifier, log files, and mobile network information.

4.2.2 Contacts: The App will update, upload, process and sync all of your contacts automatically, in pursuance to your authorization provided to us; thereby we can get the optimum service from the App.

4.2.3 Usage Data: During your interaction with our Sites and Services, we automatically collect usage data relating to visits, clicks, downloads, messages sent/received, and other usage of our Sites and Services.

4.2.4 Logging Information: When you use our app, your login information shall be collected in order to facilitate the services of the Apps.

4.2.5 Location Information: We may collect information about your real-time precise or non-precise geolocation when you use the App.

4.2.6 Online or Offline Status: The App will automatically collect your online or offline status in order to understand whether you are using the App’s services or not.

4.3 Other Sources of Information

4.3.1 Information from other App Users: The App may come to receive information regarding you through other users of the App and availing its services.

4.3.2 Third Parties: COMMCHAT may also receive information about you from third parties, in order to further improve, update, research, comprehend, modify, and market the App and its services.

5. PURPOSES FOR PROCESSING YOUR INFORMATION

COMMCHAT (i) gathers, (ii) uses, (iii) manages, (iv) preserves and (v) may share your information provided by you or gathered by us for all purposes necessary to ensure the proper functioning and operation of the App. These purposes may include (collectively the "Purpose"):

5.1 Provide You Services: We process your information to enable you with the Services of the App. The legal basis for this processing is to perform our contract with you according to the Terms of Use.

5.2 Improve Our Services: We process your information to ensure the functions and safety of our Apps, to develop and improve our Apps and Services, to analyze the efficiency of the App, and to prevent and trace fraudulent or inappropriate usage. The legal basis for this processing is to perform our contract with you according to the Terms of Use.

5.3 Non-marketing Communication: We process your information to send you important information regarding the Services, changes to our terms, conditions, and policies and/or other administrative information. As this information may be important, you may not opt-out of receiving such communications. The legal basis for this processing is to perform our contract with you according to the Terms of Use.

5.4 Record of search inquiries: We process your information of search inquiries in order to provide you with prompt access to your previous searches.

6. LEGAL COMPLIANCES

We may process your information as we believe to be necessary or appropriate: (a) to comply with applicable laws and regulations; (b) to comply with legal process; (c) to respond to requests from public and government authorities (d) to enforce our terms and conditions; (e) to protect our operations, business and systems; (f) to protect our rights, privacy, safety or property, and/or that of other users, including you; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. If there is any change in the purposes for processing your information, we will inform such change to you via email and/or a prominent notice on our website of such changes of purposes, and choices you may have regarding your information.

7. INFORMATION SHARING

Other than in regards to your consent, COMMCHAT may only share your information to the third party with the following recipients:

7.1 To our third-party service providers who perform certain business-related functions for us, such as website hosting, data analysis, payment and credit card processing, infrastructure provision, IT services, customer support service, e-mail delivery services, and other similar services to enable them to provide services to us.

7.2 To our business partners and/or affiliates who provide you with services, directly or indirectly, in respect to networks and systems through which you access and use our App.

7.3 To any law enforcement authorities or in relation to any Court order requesting or directing COMMCHAT to disclose the identity or locate anyone in breach of Terms of Use.

7.4 To an affiliate or other third party in the event of any reorganization, acquisition, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings). In such an event, you will be notified via email and/or a prominent notice on the App, for any change in ownership, incompatible new uses of your information, and choices you may have regarding your information.

7.5 With our subsidiaries or affiliates, in order to carry out regular business activities; as may become necessary:
(a) to comply with applicable laws and regulations;
(b) to comply with legal process;
(c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence;
(d) to enforce our terms, policies and conditions;
(e) to protect our operations, business and systems;
(f) to protect our rights, privacy, safety or property, and/or that of other users, including you;
(g) to allow us to pursue available remedies or limit the damages that we may sustain.

8. SECURITY

We use commercially reasonable methods of physical, administrative, and technical safeguards to preserve the integrity and security of your information. COMMCHAT provides various security strategies to effectively ensure your information’s security of user and device. As for device access, COMMCHAT proprietary algorithms are employed to utmost level in order to ensure data isolation, access authentication and by applying authorization. Whereas for data communication, purposes communication using security algorithms, transmission encryption protocols and commercially apex level of information encryption transmission based on dynamic keys are supported. As for data processing, strict data filtering and validation and complete data audit are applied. As for data storage, all confidential information of users will be safely encrypted for storage. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you could immediately notify us of the problem by emailing to: contact@commchat.com

9. INFORMATION RETENTION

We process your information for the minimum period necessary for the purposes set out in this Privacy Policy, unless there is a specific legal requirement for us to keep the information for a longer retention period. We determine the appropriate retention period based on the amount, nature, and sensitivity of your information and after the retention period ends, we will destruct your information. When we are unable to do so for technical reasons, we will ensure that appropriate measures are put in place to prevent any further such use of your information.

10. COOKIES

When using the App, we may retain certain information by automated means, such as cookies (small text files stored in your browser) and comparable technologies, including App identifiers, to improve the Users’ experience of the App, enhance security measures, use and efficiency of the App to detect and resolute issues and for promotional purposes. We may also use cookies and other automated means for purposes such as a management method of our App and other aspects of the commercialization of our business. The information we collect in this manner includes IP address, browser features, device characteristics, operating system version and information on actions taken on our Apps (such as usage, activity logs a clickthroughs), and dates and times of visits. Logging information is deleted on a regular basis. You can control cookies through your browser settings and other tools. Your device may offer you control over the use of cookies or other technologies when you use the Apps. Please note, however, that without cookies the Apps may not work properly or you may not be able to use all of their features.

11. YOUR RIGHTS

If you are concerned regarding the control over your information or have any questions about your information, then you may exercise any of the following rights:

  • Via the “Account > __________” or via “Account > FAQ & Feedback” in the App.
  • By emailing us at contact@commchat.com

11.1 You do not have to pay a fee for executing your personal rights.

11.2 As the COMMCHAT is registered within Switzerland, therefore Federal Act on Data Protection, 1992 and the Ordinance to the Federal Act on Data Protection, 1993 of Switzerland applies to our processing of your information, even if you do not live in Switzerland. Conversely, for Users enabling the service of the App from United States of America then Fair Information Practices shall apply in that case. Whereas, for User enabling the service of the App from European Union then General Data Protection Regulation shall apply in that regards. Moreover, for Users enabling the service of the App from Bangladesh, the Digital Security Act, 2018 shall apply in that respect.

11.3 We will usually respond to you within 10 business days;

11.4 If you decide to email us, in your request, please make clear what information you would like to have changed, whether you would like to have your Information deleted from our database or otherwise let us know what limitations you would like to put on our use of your information. Please note that we may ask you to verify your identity before taking further action on your request, for security purposes.

11.5 The below mentioned are the lists of possible remedies that we will be able to provide you with:

i. Request access to the information that we process about you.
ii. Request that we correct inaccurate or incomplete information about you
iii. Request deletion of information about you
iv. Request restrictions, temporarily or permanently, on our processing of some or all information about you.
v. Request transfer of information to you or a third party where we process the information based on your consent or a contract with you, and where our processing is automated
vi. Opt-out or object to our use of information about you where our use is based on your consent or our legitimate interests.
vii. If you may want to download a copy of your information from Communicator, then please the underlying instructions: Accounts>>____

11.6 For Account deletion purposes, please follow the instruction provided below: About Deletion of the Account: You can find the Delete function through: “Accounts>>Profile>>Delete Your Account”

12. LIMITATION OF LIABILITY AND RELEASE

You hereby expressly waive and release, any and all claims and liabilities against the COMMCHAT and its officers, directors, managers, members, employees, shareholders, agents, contractors and representatives (the “Released Parties”) that arises from your use of the Apps including, without limitation, unwanted exposure of your information under this Privacy Policy or any applicable laws or regulations. Under no circumstances shall the released parties be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the service. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary, or otherwise, including loss of data, income or profits), whether in contract, negligence, gross negligence, or other tortious action, even if an authorized representative of COMMCHAT has been advised of or should have known of the possibility of such damages.

13. INDEMNITY

You agree to indemnify and hold the Released Parties harmless from and against any and/or all claims, losses, liabilities, damages, costs, consequential or incidental loss and expenses (including, without limitation, reasonable advocate’s fees) resulting from or alleged to result from your use of services of the App; thereby causing to violation of this Privacy Policy. You agree to promptly notify the Released Parties of any thirdparty claims, cooperate with the Released Parties in defending such claims and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees). You also agree that the Released Parties will have control of the defense or settlement of any third-party claims.

14. GOVERNING LAW & DISPUTE RESOLUTION

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with foundation and limits the manner in which you can seek relief from us.

A. This Privacy Policy and the rights of the Parties hereunder will be governed by and construed in accordance with the laws of Switzerland, exclusive of conflict or choice of law rules. Notwithstanding the preceding sentence with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Privacy Policy will be governed by the Federal Act on Private International Law, 1987 & Code of Civil Procedure, 2008 of Switzerland.

B. To the extent feasible, the Parties desire to resolve any dispute, claim, or controversy arising out of or relating to your use of or access of the Service, this Privacy Policy or the breach, termination, enforcement, interpretation or validity of this Privacy Policy, including the determination of the scope or applicability of this Privacy Policy to arbitrate (a “Dispute”) through discussions and negotiations between each other. The Parties agree to attempt to resolve any Disputes by negotiation with the other Party (by phone, electronic correspondence, or written correspondence). If, after good faith discussions, the Dispute(s) cannot be resolved solely between the Parties, such Dispute(s) will be determined by arbitration in Switzerland before an arbitrator(s) mutually agreed upon according to the relevant rules and manners of Federal Act on Private International Law, 1987 & Code of Civil Procedure, 2008

15. AMENDMENTS TO THE PRIVACY POLICY

We may make changes to the Privacy Policy from time to time. A link to the most current Privacy Policy will be available on the home page of the App and we will indicate the date of the “Latest Update” at the top of the Privacy Policy. You are held responsible to visit this page periodically to review the most current Privacy Policy. Also, your continued use of these Apps following the posting of such changes constitutes your acceptance of the amended Privacy Policy. After incorporation of the new content in the Privacy Policy, the users shall declare to have read and accepted the new content and all its content. In case of modification, change or termination of any of the content in these Privacy Policy under sentence or judgment given by a competent court or under an award made by an arbitrator or by a court of arbitration, the other content that have not been modified, changed, or resolved remain in force and shall be valid for both parties.

16. CONTACT US

If you have any questions about our practices or this Privacy Policy, please contact us as follows:

COMMCHAT AG.
Address:
c/o VISCHER AG
Aeschenvorstadt 4, Basel, BASEL-STADT 4051, Switzerland.
Email: contact@commchat.com