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Submitted URL: https://pay.gettingout.com/
Effective URL: https://pay.gettingout.com/ui
Submission: On May 15 via manual from US — Scanned from DE
Effective URL: https://pay.gettingout.com/ui
Submission: On May 15 via manual from US — Scanned from DE
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<form>
<h2><label for="select-state">Select a State:</label></h2>
<p><select id="select-state">
<option value="">Select</option>
<option value="alabama">Alabama</option>
<option value="alaska">Alaska</option>
<option value="arizona">Arizona</option>
<option value="arkansas">Arkansas</option>
<option value="california">California</option>
<option value="colorado">Colorado</option>
<option value="connecticut">Connecticut</option>
<option value="delaware">Delaware</option>
<option value="dofc">District of Columbia</option>
<option value="florida">Florida</option>
<option value="georgia">Georgia</option>
<option value="hawaii">Hawaii</option>
<option value="idaho">Idaho</option>
<option value="illinois">Illinois</option>
<option value="indiana">Indiana</option>
<option value="iowa">Iowa</option>
<option value="kansas">Kansas</option>
<option value="kentucky">Kentucky</option>
<option value="louisiana">Louisiana</option>
<option value="maine">Maine</option>
<option value="maryland">Maryland</option>
<option value="massachusetts">Massachusetts</option>
<option value="michigan">Michigan</option>
<option value="minnesota">Minnesota</option>
<option value="mississippi">Mississippi</option>
<option value="missouri">Missouri</option>
<option value="montana">Montana</option>
<option value="nebraska">Nebraska</option>
<option value="nevada">Nevada</option>
<option value="new-hampshire">New Hampshire</option>
<option value="new-jersey">New Jersey</option>
<option value="new-mexico">New Mexico</option>
<option value="new-york">New York</option>
<option value="north-carolina">North Carolina</option>
<option value="north-dakota">North Dakota</option>
<option value="ohio">Ohio</option>
<option value="oklahoma">Oklahoma</option>
<option value="oregon">Oregon</option>
<option value="pennsylvania">Pennsylvania</option>
<option value="puertorico">Puerto Rico</option>
<option value="rhode-island">Rhode Island</option>
<option value="south-carolina">South Carolina</option>
<option value="south-dakota">South Dakota</option>
<option value="tennessee">Tennessee</option>
<option value="texas">Texas</option>
<option value="utah">Utah</option>
<option value="vermont">Vermont</option>
<option value="virginia">Virginia</option>
<option value="washington">Washington</option>
<option value="west-virginia">West Virginia</option>
<option value="wisconsin">Wisconsin</option>
<option value="wyoming">Wyoming</option>
</select></p>
</form>Text Content
GETTINGOUT DEPOSITS
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WELCOME TO TELMATE DEPOSITS
Depositing money to your incarcerated loved one is quick, safe & easy.
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Important Message about Inactivity Text Alerts
Please be advised, once created, your Friends and Family account will become
inactive after 180 consecutive days of inactivity or non-use unless such time is
shorter or longer based on governing law or contract. If an account is used by
the account holder at any point in the inactivity period, the inactivity period
will be reset. Information regarding refunds are detailed in the terms of use at
GettingOut.com and can be discussed with customer service. If your contact
information is provided to ViaPath, and you opt-in to receiving a text or email
reminder alert, you will receive a text or email of the scheduled expiration of
your account no later than 30 days before the account expires. You can opt-in to
a text and/or email alert reminder by creating a Getting Out account or, text
alert only, by contacting our automated voice response system at 866-516-0115.
NOTE: Getting Out Guest accounts cannot be used to sign up for either text or
email reminder alerts.
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SELECT A STATE:
SelectAlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict
of
ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew
HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth
DakotaOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth
DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyoming
--------------------------------------------------------------------------------
ALABAMA — NUMBER: SC-MT 496
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
ALASKA — NUMBER: AKMT-013525
For Alaska Residents Only:
If your issue is unresolved by TouchPay Holdings, LLC at 866-204-1603, please
submit formal complaints with the State of Alaska, Division of Banking &
Securities. Please download the form here:
https://www.commerce.alaska.gov/web/portals/3/pub/DBSGeneralComplaintFormupdated.pdf
Submit formal complaint form with supporting documents:
Division of Banking & Securities PO Box 110807
Juneau, AK 99811-0807
If you are an Alaska resident with questions regarding formal complaints, please
email us at dbs.licensing@alaska.gov or call Nine Zero Seven Four Six Five Two
Five Two One
ARIZONA — NUMBER: MT-0922783
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
ARKANSAS — NUMBER: 43364
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
CALIFORNIA — NUMBER: 2460
TouchPay is licensed as a money transmitter by the California Department of
Financial Institutions.
Consumer Notice:
If you have complaints with respect to any aspect of the money transmission
activities conducted at this location, you may contact the California Department
of Financial Protection and Innovation at its toll-free telephone number,
1-800-622-0620, by e-mail at consumer.complaint@dfi.ca.gov, or by mail at
Department of Financial Protection and Innovation, Consumer Services, 2101 Arena
Blvd, Sacramento, CA 95814.
COLORADO — NUMBER: 500204
Consumer Notice:
Entities other than FDIC insured financial institutions that conduct money
transmission activities in Colorado, including the sale of money orders,
transfer of funds, and other instruments for the payment of money or credit are
required to be licensed by the Colorado Division of Banking pursuant to the
Money Transmitters Act, Title 11, Article 110, Colorado Revised Statutes. If you
have a question about or problem with your transaction, the money you sent, you
must contact the money transmitter who processed your transaction for
assistance. The Division of Banking does not have access to this information.
If you are a Colorado Resident and have a complaint about the money transmitter,
the company that sent your money, all complaints must be submitted in writing.
Please fill out the Complaint Form provided on the Colorado Division of
Banking’s website and return it and any documentation supporting the complaint
via mail or email to the Division of Banking at Colorado Division of Banking,
1560 Broadway, Suite 975, Denver, CO 80202. email:
DORA_BankingWebsite@state.co.us website: banking.colorado.gov/
CONNECTICUT — NUMBER: 31337
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
DELAWARE — NUMBER: 12056
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
DISTRICT OF COLUMBIA — NUMBER: L00004810058
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
FLORIDA — NUMBER: FT230000120
Consumer Notice:
Florida customers may contact the Florida Office of Financial Regulation at
850-410-9805 or 850-487-9687, or write to 200 East Gaines Street Tallahassee,
Florida 32399, for questions about compliance with the Florida Money
Transmitters Code.
GEORGIA — NUMBER: 35902
Consumer Notice:
TouchPay is licensed by the Georgia Department of Banking and Finance. Activity
is licensed under the Georgia Sale of Checks Act. License #35902; NMLS ID:
967396
HAWAII — NUMBER: HIMT082
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
IDAHO — NUMBER: MTL-149
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
ILLINOIS — NUMBER: MT.0000234
Consumer Notice:
For Customer Support regarding suspected violations of this Act please contact
the Illinois Department of Financial Institutions, Consumer Credit Division Toll
Free (888) 298-8089.
INDIANA
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
IOWA — NUMBER: 2012-0124
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
KANSAS — NUMBER: MT.0000050
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
KENTUCKY — NUMBER: SC83778
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
LOUISIANA — NUMBER: NMLS 967396 / L#704580
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
MAINE — NUMBER: MD1487
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
MARYLAND — NUMBER: NMLS 967396
Consumer Notice:
The Commissioner of Financial Regulation for the State of Maryland will accept
all questions or complaints from Maryland residents regarding TouchPay money
transmission services, NMLS ID 967396, at:
Commissioner of Financial Regulation
Attention: Complaint Unit
500 North Calvert Street, Suite 402
Baltimore, Maryland 21202
Telephone: 1-888-784-0136
MASSACHUSETTS
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
MICHIGAN — NUMBER: MT0018523
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
MINNESOTA — NUMBER: MN-MT-52114 / NMLS 967396
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
MISSISSIPPI — NUMBER: MT/000119
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
MISSOURI — NUMBER: MO-19-6997
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
MONTANA
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
NEBRASKA — NUMBER: MT.0001029.0001-M
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
NEVADA — NUMBER: MT11018
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
NEW HAMPSHIRE — NUMBER: 18280-MT
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
NEW JERSEY — NUMBER: L067640
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
NEW MEXICO — NUMBER: 4783522
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
NEW YORK — NUMBER: MT 103541
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
NORTH CAROLINA — NUMBER: 155170
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
NORTH DAKOTA — NUMBER: MT.2085
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
OHIO — NUMBER: OHMT 083
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
OKLAHOMA — NUMBER: OKDOB001
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
OREGON — NUMBER: MTX-30127
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
PENNSYLVANIA — NUMBER: 44050
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
PUERTO RICO — NUMBER: TM-061
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
RHODE ISLAND
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
SOUTH CAROLINA — NUMBER: NMLS 967396
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
SOUTH DAKOTA — NUMBER: MT.2085
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
TENNESSEE — NUMBER: 157
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
TEXAS — NUMBER: 3068
Consumer Notice:
TouchPay is licensed under the laws of the State of Texas and by the state law
is subject to regulatory oversight by the Texas Department of Banking. Any
customer wishing to file a complaint against TouchPay should contact TouchPay
directly at 866-204-1603. After first contacting TouchPay, if you still have an
unresolved complaint regarding the company’s money transmission, please direct
your complaint to:
In Person or U.S. Mail:
Texas Department of Banking
2601 North Lamar Blvd., Suite 300, Austin, TX 78705
Toll Free: 1 (877) 276-5554 / Fax: 1 (512) 475-1313
Send Email to: consumer.complaints@dob.texas.gov
Web Page: www.dob.texas.gov
UTAH — NUMBER: 102
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
VERMONT — NUMBER: 100-060
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
VIRGINIA — NUMBER: MO-272
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
WASHINGTON — NUMBER: 550-MT-75951
Entities other than FDIC insured financial institutions that conduct money
transmission activities in Washington State, including the sale of payment of
money or credit are required to be licensed. If there are questions or concerns
regarding a transaction with a licensee please contact the Washington State
Department of Financial Institutions at (360) 902-8703 or by mail at: Department
of Consumer Services, 150 Israel Road Southwest, Olympia, WA 98504-1200.
To file a complaint, please provide: the name of the company, office location,
and who you contacted at the company; your name, mailing address, and ten digit
phone numbers; and a simple explanation of the problem, with a list of events in
chronological order, making sure to include names and dates. Be specific and as
brief as possible. For electronic submission, please complete the form found on
the website: www.dfi.wa.gov under Consumer Information: File a Complaint.
WEST VIRGINIA — NUMBER: WVMT-967396
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
WISCONSIN — NUMBER: 141-SOC
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
WYOMING — NUMBER: MT-7202
For answers to questions or to register a complaint, contact the Customer
Service Department of TouchPay by calling toll free 866-204-1603.
--------------------------------------------------------------------------------
TouchPay Holdings, LLC is registered with the Nationwide Multistate Licensing
System (NMLS) under #967396. Consumers can access NMLS using the following link:
https://www.nmlsconsumeraccess.org/
--------------------------------------------------------------------------------
CONSUMER FRAUD INFORMATION
Protecting customers from fraud is a priority of TouchPay Holdings, LLC
(“TouchPay”). TouchPay recommends never sending money to a stranger. Funds
received by a stranger cannot be recovered and therefore cannot be refunded to
you. If you think you have been a victim of fraud, please contact TouchPay at
866-204-1603.
--------------------------------------------------------------------------------
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PRIVACY STATEMENT
EFFECTIVE DATE: DECEMBER 20, 2023
1. Overview and Scope
Your privacy is important to us. This Global Tel*Link Corporation d/b/a
ViaPath Technologies (“ViaPath”) Privacy Statement (the "Privacy
Statement") applies to the personal information that ViaPath or one of our
Affiliates collects and explains our information practices and your related
choices with regard to such information.
ViaPath affiliates include, but are not limited to, TouchPay Holdings, LLC
d/b/a GTL Financial Services, DSI-ITI, Inc., Innertainment Delivery
Systems, LLC d/b/a ViaPath Technologies, Public Communications Services,
Inc. d/b/a ViaPath Technologies (“ViaPath”), Renovo Software, Inc. d/b/a
ViaPath Technologies, and Value-Added Communications, Inc. d/b/a ViaPath
Technologies (individually “Affiliate” and collectively “Affiliates”).
Products and services provided by ViaPath or any Affiliate will be referred
to in this Privacy Statement as the “Service” or “Services”. This Privacy
Statement is part of, and is governed by our Terms of Use. For purposes of
this Privacy Statement, “we”, “us” or “our” refers to ViaPath and any
Affiliate where the Affiliate or its products or services are implicated.
TouchPay Holdings, LLC d/b/a GTL Financial Services (“TouchPay”), a
subsidiary of Global Tel*Link Corporation d/b/a ViaPath Technologies is the
owner and operator of websites www.viapath.com, www.touchpayonline.com,
www.connectnetwork.com, www.gettingout.com, and www.tpgovtpay.com (the
“Site” or “Sites”).
It is our policy to use the information we collect about you from the
Service in a manner that is consistent with this Privacy Statement.
Accordingly, this Privacy Statement advises you about the types of
information we collect when you use the Service and how we may use that
information.
If you are a resident of California, Colorado, Connecticut, Utah, or
Virginia please see the section below titled, “Additional Privacy
Information for Certain Jurisdictions,” which includes additional
information about privacy rights you may have under your state’s privacy
law.
Not in scope. This Privacy Statement does not apply to the personal
information that we collect about employees, contractors and other
personnel related to their working relationship with us, or the personal
information that we collect about applicants and candidates for a position
with ViaPath. This Privacy Statement does not apply to publicly available
information. We may also collect, generate, use and disclose aggregate,
anonymous, and other non-identifiable data related to our Services, which
is not personal information subject to this Privacy Statement.
2. Terms of Use
This Privacy Statement is applicable as of the Effective Date posted above.
This Privacy Statement is part of, and is governed by our Terms of Use. All
capitalized terms that are used but not otherwise defined in this Privacy
Statement have the definitions assigned to them in the Terms of Use.
3. Contacting ViaPath
If you have any questions about the Privacy Statement or our use of the
information we collect from you in connection with the Service, you may
contact us by email at privacy@viapath.com or by postal mail at c/o Global
Tel*Link Corporation d/b/a ViaPath Technologies, 3120 Fairview Park Drive,
Suite 300, Falls Church, VA 22042, Attn: Legal Department. If you have any
questions regarding the Service or your account, or if you would like to
cancel your account, please contact our Customer Service team using the
information supplied through the “Contact Us” link on our website.
4. Correcting/Updating Your Information
If your name, email address, mailing address, telephone number, or other
contact information that you provide to us changes, you may update, correct
or omit the relevant information by contacting our Customer Service team
through the “Contact Us” link on our website.
5. Service/Site Age Limits
Must be over 18
The Service is not intended for visitors that are under eighteen (18) years
of age. We do not knowingly solicit or collect information from individuals
who are not at least eighteen (18) years old.
Not Available for Use by Children
We regret that the Service is not available to children under the age of
thirteen (13). We will never knowingly collect contact information from
children under the age of thirteen (13) without verifiable parental
consent. If you are under the age of thirteen (13), please do not provide
us with information of any kind whatsoever. If we become aware that a user
is under the age of thirteen (13) and has submitted information to the Site
without verifiable parental consent, we will remove his or her information
from our files. We understand that children may not fully understand all of
the provisions of this Privacy Statement or make informed decisions about
the choices that are made available to adult users of the Site. We
encourage parents and guardians to spend time with their children online
and to be familiar with the websites they visit. If you are a parent or
legal guardian and think that your child under 13 has given us their
personal information you can email us at privacy@viapath.com and request
this information be deleted. Please mark your request “Children’s Privacy
Request.”
6. Information We Collect
Usage and Activity Information
When you visit or use our Site we send one or more “cookies” or “web
beacons” to your computer or other device. A cookie is a small file
containing a string of characters that is sent to your computer or other
device when you visit a website. When you visit the website again, the
cookie allows that site to recognize your browser. We use cookies to
improve the quality of our service, including for storing user preferences.
By clicking the “Accept” button when our cookie message displays, you agree
to be bound by the terms of this Privacy Statement. Web beacons are web
page elements that can recognize certain types of information on your
computer or mobile device such as cookies and the time and date of a page
viewed.
Information that may be collected by cookies and web beacons when you use
the Site may include, without limitation:
* the pages you visit within the Site;
* the date and time of your visit to the Site;
* the amount of time you spend using the Site;
* the websites you visit before or after visiting the Site;
* the Internet Protocol (IP) address used to connect your computer or
mobile device to the Internet;
* geolocation information;
* your computer or mobile device and connection information such as your
browser type and version, operating system and platform; and/or
* your purchase history.
You may be able to set your browser to reject cookies or to notify you when
you are sent a cookie. You can also purchase and download software that
will allow you to use the Service without providing the information
gathered by cookies. You are welcome to use the Service if you use this
type of software, but your experience while visiting the Service may not be
optimal.
If you create an account to use the Service other than through the Site
(such as through our Customer Service Representatives), and if you do not
agree with or consent to the terms of this Privacy Statement, you will have
thirty (30) days from the date you create the account with us to cancel the
account. If you decide that you want to cancel the account within this
thirty (30) day period, please contact our Customer Service team using the
information supplied through the “Contact Us” link on the Site. If you
cancel your account within the applicable thirty (30) day period, we will
provide you with a refund of any fees you have paid and have not used in
connection with the Service at the time of cancellation.
Identifiers/Contact Information
We may collect information from you that can be used to personally identify
and/or contact you. Contact information collected through the Service may
include your name, telephone number, physical address, mailing address,
billing address, or email address. In addition to contact information, we
may collect other personal information from you that may be associated with
your contact information, such as your birth date and your username and
password. If you are using our Services to make payments, we are required
to collect additional identification information, such as your driver’s
license number and the last four numbers of your social security number.
Payment Information
If you are using our services to make payments or to purchase products or
services, we are required to collect certain financial information such as
your credit card or other payment card information,, the type of payment
you are making, or information related to the purpose of the payment. We
may need to run background checks on anyone involved in the transaction to
satisfy our legal requirements.
Voice, Image, and Recording
When you use our Services to communicate with an incarcerated individual,
ViaPath records and stores the communication, which may include your image
and/or voice. By using the Services, you are expressly providing consent
for ViaPath to collect your voice and image and to use them as described in
this Privacy Statement and in accordance with the Terms of Use. ViaPath may
also collect a copy of a government issued form of identification bearing
your photograph.
Social Media
If you choose to connect your social media account to our Facebook and
other social media outlets, certain personal information from your social
media account will be shared with us, which may include personal
information that is part of your profile or your friends’ profiles. You may
revoke your consent to have the social media platform share information
with us by changing your settings within such platform.
Information About Incarcerated Individuals
If you are a friend or family member of an incarcerated individual, we may
also collect information from you about the identity of incarcerated
individual(s) receiving funds from you, or who you communicate with,
through the Service. If you provide this information, you represent and
warrant that you have all necessary rights and authority to provide
information about the applicable incarcerated individual(s) in connection
with the Service and agree that you shall be solely liable in connection
with your disclosure of any information regarding incarcerated
individual(s) in connection with the Service.
Communication and Correspondence
If you send any personal communication or correspondence, by any means, to
the Service, or to any of our employees, agents or representatives, the
Service may collect additional information regarding that communication and
include that information in our customer database.
Location Information
* Mobile Applications
In addition, if you access the Service through one of our mobile
applications, we may also be able to identify the location of your mobile
device. You may choose not to share your location details with us by
adjusting your mobile device’s location services settings, or otherwise
declining to provide access to your location when prompted to do so. For
instructions on changing the relevant settings, please contact your service
provider or mobile device manufacturer. If you choose not to share your
location details with us, you may be denied access to the mobile
application.
* When You Receive a Phone Call through the Service
We collect the location of the phone you are using when you use the Service
to help ensure accurate billing practices as well as for correctional
facilities’ safety, security and investigative purposes.
You will be advised through a prompt on calls placed from an incarcerated
individual at a correctional facility to the phone you are using when you
use the Service that your phone location information will be obtained. By
accepting the call, you agree to have your phone location obtained for 60
minutes after you accept the call. Your location will not be obtained if
you do not accept the call. The location information collected in
connection with each call will only be stored for one year from the date of
the call and then deleted from our records. If you would like to opt out of
having your phone location information obtained for any time remaining
between when you terminate your call with the incarcerated individual and
the above referenced 60 minute period, please call 1-800-483-8314.
Cellular Provider Information
The Service is not a Cellular Provider application. If you use the Service,
it may require your Cellular Provider to disclose your customer
information, including mobile phone location information, to us or some
other third party. By providing your consent through the opt-in process
described below, you authorize your Cellular Provider to disclose your
information to us and to third parties to enable the Service. Please review
this Privacy Statement and our Terms of Use for more information about how
the Service will collect, access, use or disclose your information. If you
aren’t comfortable with the terms of this Privacy Statement or our Terms of
Use, you should not use the Service. You acknowledge and agree that (1)
your relationship with us is separate from your relationship with your
Cellular Provider; (2) your Cellular Provider is not responsible for the
Service; and (3) you will hold harmless your Cellular Provider and its
subsidiaries, affiliates, officers, employees, agents, successors and
assigns from any judgments, claims, actions, losses, liabilities or
expenses arising from or attributable to the Service or our acts or
omissions.
Information Collected and Used by Third Parties
If you visit the Site from a third-party website the third-party website
may give you a unique code, cookie or graphic which will uniquely identify
you. This will only happen if you link directly from a third-party website
to the Site. Your activities on the Site while this type of code is active
may be reported back to the third-party website. The presence of a
third-party navigation bar at the top of any page on the Site is an
indication that the third-party website may be able to see your activity on
the Site.
The Site may also include third-party advertising, links to other websites,
and other content from third-party businesses. These third-party sites,
businesses, and advertisers, may use web beacons and cookies to measure the
effectiveness of their ads, personalize or optimize advertising content and
to track users who click on the links made available through the Site.
These third-parties may use persistent identifiers to track the actions of
users online over time and across different websites or platforms to
deliver targeted electronic advertisements to an individual user. We do not
have access to or control over web beacons, cookies or persistent
identifiers that these third parties may use. We are not responsible for
the privacy practices or the content of these third-party websites. You are
encouraged to review the privacy policies of the different websites you
visit. For information about how tracking works for online advertising
purposes you can visit http://www.aboutads.info/choices.
Some third-party advertising companies may provide a mechanism to opt-out
of their technology. For more information about the opt-out process, you
may visit the Network Advertising Initiative website, available at
http://www.networkadvertising.org/managing/opt_out.asp.
We may also use analytics software service providers to gather and analyze
anonymous information about users of the Site. These service providers may
use cookies to collect information about your purchase history, the content
you view, what websites you visit immediately prior to and after visiting
the Site, and your system information. The information gathered by these
service providers about your use of the Site may be transmitted to and
stored by these service providers. If we use these service providers, the
information collected about you by these service providers would allow us
to analyze your use of the Site and the Service. The Site uses Google
Analytics, including its Demographics and Interests Reports feature, which
in addition to the types of information described above, provides a
breakdown of visitors to the Site on an anonymous aggregate basis by age
group, gender and interests. To learn more about how Google Analytics
collects and uses information, and how you can control information sent to
Google you can visit https://policies.google.com/privacy.
Aggregate Information
We may share information relating to users of the Service with affiliated
or unaffiliated third parties on an anonymous, aggregate basis. While this
information will not identify you personally, in some instances these third
parties may be able to combine this aggregate information with other data
they have about you, or that they receive from third parties, in a manner
that allows them to identify you personally.
7. Purposes For Which We Collect, Use, and Process Your Personal Information
We may use information described above for any of the following purposes:
* to provide you with the service
* to manage and service your account;
* to contact you when necessary about your account or your use of our
services;
* to comply with regulatory requirements for the maintenance of records;
* to send you by mail, phone, text or email, information and promotional
materials about our products and services as well as our company in
general;
* to send you by mail, phone, text or email, information and promotional
materials from our marketing partners and other third parties;
* for purposes of targeted advertising;
* to send you marketing and other emails;
* to help diagnose problems with our server;
* to administer our Site;
* to conduct internal reviews of our Service;
* to help us better understand how users access and use or Sites and
Services, and for other research and analytical purposes, such as to
understand customer and market needs, evaluate and improve our Services
and business operations, and to develop services and features;
* to carry out our obligations and enforce our rights arising from any
contracts entered into and between us and a correctional facility, or
controlling entity, where an individual that you may communicate with is
detained;
* to respond to law enforcement requests and as required by applicable law,
court order, or governmental regulations;
* to verify your identity;
* to protect the security or integrity of our Service; and
* for any other business or marketing purposes that are not inconsistent
with the terms of this Privacy Statement; and
* for purposes not provided for in this privacy policy, but if we do, we
will notify you (and, if necessary, obtain your consent) before using
your personal information in this way
We may also combine information we collect about you through the Service
with other information about you that we receive from third party sources.
By way of example and not limitation, we may use a change of address or
other list service to ensure that our records for your account are
accurate.
Description of Customer Proprietary Network Information (“CPNI”)
CPNI is proprietary information about you that includes (1) information on
the quantity, technical configuration, type, destination, location, and
amount of your use of ViaPath telecommunications services, that you make
available to ViaPath solely by virtue of the carrier-customer relationship;
and (2) information contained in the bills you receive concerning your
telecommunications service. It does not include (1) your name, address, or
phone number; (2) aggregated customer information that does not identify
specific individuals; or (3) information about non-telecommunications
service, such as Internet access. Under the CPNI rules adopted by the
Federal Communications Commission (“FCC”), you have the right, and ViaPath
has the duty, to protect the confidentiality of CPNI.
ViaPath’s Use of CPNI
Under FCC rules, ViaPath may use your CPNI without your prior approval for
certain purposes. Specifically, ViaPath may use, disclose, or permit access
to your CPNI without your consent, either directly or through its agents,
for the purpose of (1) initiating, rendering, billing, and collecting for
ViaPath Service; (2) protecting ViaPath’s right or property, or protecting
ViaPath users and other telecommunications carriers from fraudulent,
abusive, or unlawful use of, or subscription to, ViaPath services; (3)
maintenance and repair; and (4) complying with the orders or subpoenas of a
court of competent jurisdiction. Other uses require your approval, as
described below.
Required Customer Approval
As a leader in the corrections industry, ViaPath is continually developing
new innovations in the fields of technology, education, and intelligence.
From time to time, ViaPath may use and share your individually identifiable
CPNI among its affiliates and agents to inform you about
communications-related products and services or special promotions. Use of
your individually identifiable CPNI enhances ViaPath’s ability to offer
products and services that are tailored to your needs.
You have 30 days from the date of this notice to inform us (see “Contacting
ViaPath” above) if you do not wish ViaPath to use your individually
identifiable CPNI for this purpose. If you do not so inform us, ViaPath will
assume you consent to this use of your individually identifiable CPNI.
At any time after this 30-day period has elapsed, however, you have the
right to disapprove this use, and limit or revoke access to your
individually identifiable CPNI by contacting ViaPath. A denial of approval
will not affect ViaPath’s provision of services to you. Your approval or
denial of ViaPath’s use of your individually identifiable CPNI is valid
until you affirmatively revoke or limit that approval or denial. ViaPath
will never disclose your individually identifiable CPNI to unaffiliated
third parties without your express, opt-in consent.
8. How We Share Your Information
We may share the information we collect in connection with the Service with
the following recipients:
Correctional Facilities and Law Enforcement
We may share contact information you provide, or location information we
collect from your computer or mobile device, with correctional facilities
or other law enforcement personnel upon their request. We may also share
information concerning any payment transaction completed through the
Service including, without limitation, your image as captured when you use
a payment services kiosk and the identities of the parties contributing and
receiving payment under the transaction and the amount of the payment, with
correctional facilities or other law enforcement personnel upon their
request. Because safety and security are ViaPath’s top priority, you may
not opt out of the sharing of your communications with Law Enforcement, and
all data associated with your communications. If you do not consent to the
collection, use and disclosure of this type of data, please do not use the
sites or services.
Service Providers
We may share your information with our service providers, vendors,
suppliers and other services providers who provide services to us or on our
behalf, such as operating and supporting the Service, analyzing data,
performing marketing or consulting services, assisting us with the
preparation and mailing of our business and marketing communications, and
with service processing and fulfillment functions. For example, we may
disclose your billing information to payment processors when you add money
to your account or conduct other financial transactions through the
Service.
Our Affiliates
We may share some or all of your information with our parent company,
subsidiaries and corporate affiliates, joint ventures, or other companies
under common control with us. We will require these entities to comply with
the terms of this Privacy Statement with regard to their use of your
information.
Transfer or Assignment in Connection with Business Transfers or Bankruptcy
In the event of a merger, acquisition, bankruptcy or other sale of all or a
portion of our assets, any user information owned or controlled by us may
be one of the assets transferred to third parties. We reserve the right, as
part of this type of transaction, to transfer or assign your information
and other information we have collected from users of the Service to third
parties. Other than to the extent ordered by a bankruptcy or other court,
the use and disclosure of all transferred user information will be subject
to this Privacy Statement. However, any information you submit or that is
collected after this type of transfer may be subject to a new privacy
policy adopted by the successor entity.
Government Agencies, Judicial and Quasi-Judicial Bodies, Regulators, and
Other Public Bodies and Third PartiesTo the extent permitted by law, we may
disclose your information to government agencies, judicial and
quasi-judicial bodies, regulators, other public bodies, or third parties
if: (a) required to do so by law, or in response to subpoenas, court
orders, and/or other lawful requests by regulators; (b) we believe in our
sole discretion that disclosure is reasonably necessary to protect against
fraud, to protect our property or other rights or those of other users of
the service, third parties or the public at large; or (c) we believe that
you have abused the Service by using it to attack other systems or to gain
unauthorized access to any other system, to engage in spamming or otherwise
to violate applicable laws or in violation of our Terms of Use. You should
be aware that, following disclosure to any third party, your information
may be accessible by others to the extent permitted or required by
applicable law.
9. Do Not Track Requests
Your Internet browser may allow you to adjust your browser settings so that
“do not track” requests are sent to the websites that you visit. However,
we will not disable tracking technology that may be active on the Site in
response to any “do not track” requests that we receive from your browser.
10. Do Not Sell
ViaPath does not sell personally identifying information about the users of
our Services to any third parties.
11. How We Protect Your Information
ViaPath complies with all required PCI standards
(https://www.pcisecuritystandards.org) regarding our treatment of payment
card data. Additionally, we have implemented commercially reasonable
measures designed to secure your personal information from unauthorized
access, use, alteration and disclosure. However, the transmission of
information via the internet is not completely secure. We cannot guarantee
the security of your personal information transmitted via our sites or
services. Any transmission of personal information is at your own risk. We
are not responsible for circumvention of any privacy settings or security
measures contained on the sites or services.
12. Security of Information
We seek to use industry standard physical, technical and administrative
security measures designed to protect your personally identifiable
information. However, no data transmission or storage system can be
guaranteed to be 100% secure. 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),
please immediately notify us in accordance with the “Contacting ViaPath”
section above.
Please note that emails you send to us through our Service are not
encrypted, and we strongly advise you not to communicate any confidential
information in your emails to us.
13. Use of Information Outside of Your Country of Residence
The sites and services are directed to users located in the United States.
If you are located outside of the United States and choose to use the sites
or services or provide your information to us, you should be aware that we
may transfer your information to the United States and process it there.
The privacy laws in the United States may not be as protective as those in
your jurisdiction. Your consent to this Privacy Statement followed by your
submission of information to us through the Site or in connection with the
services represents your agreement to the transfer of your information to
the United States.
14. Changes to this Privacy Statement
If we decide to change our Privacy Statement, we will post those changes to
the Privacy Statement on our homepage, and other places we deem appropriate
so that you are aware of what information we collect, how we use it, and
under what circumstances we disclose it. We reserve the right to modify
this Privacy Statement at any time, so please review it frequently. Any
changes to this Privacy Statement will become effective when we post the
revised Privacy Statement on our Services and Sites. Your use of the
Services and Sites following these changes means that you accept the
revised Privacy Statement.
15. Release
By accessing and using our website, equipment, and services, you hereby
release and forever discharge ViaPath, its Affiliates and employees,
contractors, agents, and all applicable Law Enforcement Officials and the
correctional facility from any and all liability, expense, cost or remedy
which may arise as a result of your use of our websites and services as
well as the use of the Data in the manner described herein.
16. Additional Privacy Information for Certain Jurisdictions
Residents of certain states have additional rights under applicable privacy
laws, as described in this section.
If you are a resident of California, please review Subsection 1. below for
additional information about your privacy rights under applicable
California privacy laws.
If you are a resident of Colorado, Connecticut, Utah, or Virginia please
review Subsection B below for additional information regarding each state’s
privacy law.
A. Additional Information for California Residents
Shine the Light
California Civil Code Section 1798.83, also known as the “Shine the Light”
law, permits our customers who are California residents to request and
obtain from us once a year, free of charge, information about the personal
information (if any) we disclosed to third parties for direct marketing
purposes in the preceding calendar year. If applicable, this information
would include a list of the categories of personal information that was
shared and the names and addresses of all third parties with which we shared
information in the immediately preceding calendar year. If you are a
California resident and would like to make this type of request, please
provide submit your request in writing to: privacy@viapath.com, or to c/o
Global Tel*Link Corporation d/b/a ViaPath Technologies, 3120 Fairview Park
Drive, Suite 300, Falls Church, VA 22042, Attn: Privacy.
California Consumer Privacy Act
The California Consumer Privacy Act (CCPA) provides California residents
with certain rights regarding their personal information (with some
exceptions). The rights that may be available to California residents, and
how to exercise such rights, are listed below.
California residents who provide us personal information in connection with
TouchPay services do not have the rights provided below, as the personal
information that we collect under those circumstances is exempt under the
CCPA.
Sales and Sharing of Personal Information. California privacy laws define a
"sale" as disclosing or making available to a third-party personal
information in exchange for monetary or other valuable consideration, and
“sharing” broadly includes disclosing or making available personal
information to a third party for purposes of cross-context behavioral
advertising. While we do not disclose personal information to third parties
in exchange for monetary compensation, we may “sell” or “share” (as defined
by the CCPA) internet and electronic network activity information to/with
third-party data analytic, marketing, and advertising partners. We do so in
order to improve and evaluate our advertising campaigns and better reach
customers and prospective customers with more relevant ads and content. We
do not sell or share sensitive personal information, nor do we sell or share
any personal information about individuals who we know are under sixteen
(16) years old.
California Residents’ Rights. Under the CCPA, California residents have the
following rights (subject to certain limitations):
* Opt out of sales and sharing: The right to opt-out of our sale and sharing
of their personal information.
* Limit uses and disclosure of sensitive personal information: the right to
limit our use or disclosure of sensitive personal information to those
authorized by the CCPA.
* Deletion: the right to the deletion of their personal information that we
have collected, subject to certain exceptions. Once we receive and confirm
your verifiable consumer request, we will delete (and direct our service
providers to delete) your personal information from our records, unless an
exception applies. We may deny your deletion request if retaining the
information is necessary for us or our service providers to:
* Complete the transaction for which we collected the personal
information, provide a good or service that you requested, take actions
reasonably anticipated within the context of our ongoing business
relationship with you, or otherwise perform our contract with you.
* Detect security incidents, protect against malicious, deceptive,
fraudulent, or illegal activity, or prosecute those responsible for such
activities.
* Debug products to identify and repair errors that impair existing
intended functionality.
* Exercise free speech ensure the right of another consumer to exercise
their free speech rights, or exercise another right provided for by law.
* Comply with the California Electronic Communications Privacy Act (Cal.
Penal Code 1546 seq.).
* Engage in public or peer-reviewed scientific, historical, or statistical
research in the public interest that adheres to all other applicable
ethics and privacy laws, when the information’s deletion may likely
render impossible or seriously impair the research’s achievement, if you
previously provided informed consent.
* Enable solely internal uses that are reasonably aligned with consumer
expectations based on your relationship with us.
* Comply with a legal obligation.
* Make other internal and lawful uses of that information that are
compatible with the context in which you provided it.
* To know/access. The right to know what personal information we have
collected about them, including the categories of personal information,
the categories of sources from which the personal information is
collected, the business or commercial purpose for collecting, selling, or
sharing personal information, the categories of third parties to whom we
disclose personal information, and the specific pieces of personal
information we have collected about them.
* Correction. The right to correct inaccurate personal information that we
maintain about them.
* Non-discrimination. The right not to be subject to discriminatory
treatment for exercising their rights under the CCPA.
Submitting CCPA Requests
California residents may submit a CCPA request to know/access, delete, and
correct their personal information through one of the following methods:
* Logging into your account on one of our sites (a link to an Exercise Your
Privacy Rights form will display on the site’s dashboard).
* Calling us by phone (toll-free) at:
* ConnectNetwork Customer Service: 877-650-4249
* GettingOut Customer Service: 866-516-0115
* VisManager Customer Service: 855-208-7349
* TouchPay Customer Service: 866-204-1603
Only you or a person (including a person registered with the California
Secretary of State) that you have authorized in writing to act on your
behalf, may make a verifiable consumer request related to your personal
information. If you are using an authorized agent to make a request on your
behalf we have the right to require that you confirm with us that you have
provided your permission for the authorized agent to make such a request.
You may only make a verifiable consumer request for access or data
portability twice within a 12-month period. The verifiable consumer request
must:
* Provide sufficient information that allows us to reasonably verify you are
the person about whom we collected personal information or an authorized
representative. This information includes your first and last name, email
address (and a verification sent to your email address), your account
number, and your billing address. If we are unable to verify your identity
using this information we may ask for additional verification information.
* Describe your request with sufficient detail that allows us to properly
understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information
if we cannot verify your identity or authority to make the request and
confirm the personal information relates to you.
Response Timing
We endeavor to respond to a verifiable consumer request within 45 days of
its receipt. If we require more time, we will inform you of the reason and
extension period in writing.
B. Additional Information for Residents of Colorado, Connecticut, Utah, and
Virginia
Residents of certain U.S. states, including Colorado, Connecticut, Utah, and
Virginia have the right to receive certain disclosures regarding a business’
processing of “personal data,” as defined under applicable privacy laws.
Residents of these states may have certain rights with respect to our
processing of such personal data. To the extent you are a resident of
Colorado, Connecticut, Utah, and Virginia and we collect, use or disclose
personal data subject to your state’s privacy law, the following applies.
For more information about the personal data we collect, use and disclose,
please see “Information We Collect,” “Purposes For Which We Collect, Use,
and Process Your Personal Information,” and “How We Share Your Information”
sections above.
TouchPay Exemption: Residents of Colorado, Connecticut, Utah, and Virginia
who provide us personal information in connection with their use of TouchPay
services do not have the rights provided below, as TouchPay is exempt under
each state’s privacy law as a financial institution.
Your Privacy Rights
* Right to access. You have the right to confirm whether or not we are
processing your personal data and to access such personal data.
* Right of portability. You may have the right to obtain a copy of the
personal data that you previously provided to us in a portable and, to the
extent technically feasible, readily usable format that allows you to
transmit your personal data to another controller or business where the
processing is carried out by automated means.
* Right to delete. You have the right to ask us to delete certain personal
data we have collected about you.
* Right to correction. You have the right to ask us to correct inaccuracies
in the personal data we have collected.
* Right to opt out. You have the right to opt out of certain types of
processing, including:
* To opt out of the “sale” of your personal information (as defined under
applicable privacy laws).
* To opt out of targeted advertising by us. (To opt out of targeted
marketing, please see our Notice of Right to Opt-Out section below.)
* To opt out of any processing of personal information for purposes of
making decisions that produce legal or similarly significant effects. We
do not process personal data for such profiling; thus, this right is not
available.
Submitting Privacy Requests
If you are a resident of Colorado, Connecticut, Utah, or Virginia and wish
to exercise these rights, you can submit a request through one of the
following methods:
* Logging into your account on one of our sites (a link to an Exercise Your
Privacy Rights form will display on the site’s dashboard).
* Calling us by phone (toll-free) at:
* ConnectNetwork Customer Service: 877-650-4249
* GettingOut Customer Service: 866-516-0115
* VisManager Customer Service: 855-208-7349
* TouchPay Customer Service: 866-204-1603
Authorized agents may initiate a request on behalf of another individual by
contacting us using one of the methods described above. Authorized agents
will be required to provide proof of their authorization and we may also
require that the relevant consumer directly verify their identity and the
authority of the authorized agent.
Process to Appeal a Decision Related to Your Rights
If you are a resident of Colorado, Connecticut, or Virginia and we refused
to fulfill your request to exercise your privacy rights in Section A, you
may appeal this decision by contacting us at privacy@viapath.com. We will
respond to your request with an explanation about our decision to fulfill or
refuse your request.
If we deny your appeal, you may contact your state’s Attorney General to
file a complaint related to the denial.
Notice of Right to Opt-Out
If you wish to opt out of processing of personal data that is gathered when
you visit our websites and other web-based services for purposes of “sales”
and/or targeted advertising, you may do so in one of the ways described
below: If you are in the U.S., you can obtain more information and opt out
of receiving targeted ads from participating third-party ad networks at
info/choices(Digital Advertising Alliance). You may also download the DAA
AppChoices (https://youradchoices.com/appchoices) tool in order to help
control interest-based advertising on apps on your mobile device).
If you wish to prevent cookies from tracking your activity on our website or
visits across multiple websites, you can set your browser to block certain
cookies or notify you when a cookie is set; you can also delete cookies. The
Help portion of the toolbar on most browsers will tell you how to prevent
your device from accepting new cookies, how to have the browser notify you
when you receive a new cookie, or how to delete cookies.
Close
VIAPATH TECHNOLOGIES TERMS OF USE
En Español
Effective Date: May 2, 2024
TouchPay Holdings, LLC d/b/a GTL Financial Services, a subsidiary of Global
Tel*Link Corporation, d/b/a ViaPath Technologies (“ViaPath”), is the owner and
operator of the websites www.viapath.com, www.touchpayonline.com,
www.connectnetwork.com, www.gettingout.com, and www.tpgovtpay.com (the “Site” or
“Sites”). These Terms of Use apply to any user who accepts these Terms as set
forth in Section 1 and Section 2 below (“you”), regardless of your incarceration
or detainee status, including but not limited to non-incarcerated individual
users such as an incarcerated individual’s friend or family member or an
incarcerated individual’s attorney. These Terms of Use apply when you access,
visit or use the Sites or use any of the products or services provided by
ViaPath, or one of its subsidiaries or affiliates (individually “Affiliate and
collectively “Affiliates”), including TouchPay Holdings, LLC d/b/a GTL Financial
Services, GTL Enhanced Services, LLC d/b/a ViaPath Technologies (“ViaPath”),
DSI-ITI, Inc., Innertainment Delivery Systems, LLC d/b/a ViaPath Technologies
(“ViaPath”), Telmate, LLC d/b/a ViaPath Technologies (“ViaPath”), Public
Communications Services, Inc. d/b/a ViaPath Technologies (“ViaPath”), Renovo
Software, Inc. d/b/a ViaPath Technologies (“ViaPath”), and Value-Added
Communications, Inc. d/b/a ViaPath Technologies (“ViaPath”). The Sites and all
mobile applications, products, and services provided by ViaPath or any Affiliate
will be referred to in these Terms of Use as the “Service” or the “Services”.
For purposes of these Terms of Use, “Company”, “we”, “us”, or “our”, means
ViaPath, and any Affiliate where the Affiliate or its products or services are
implicated.
Notice regarding money transmission transactions:All money transmission
transactions are provided solely by TouchPay Holdings, LLC d/b/a GTL Financial
Services (“TouchPay”) NMLS #967396, a subsidiary of ViaPath. Money transmission
services may include, but are not limited to, child support payments, government
payments, and corrections payments. Services available through TouchPay may have
their own terms and conditions that apply to your payment or use of that
particular service. These Terms of Use do not alter in any way the terms or
conditions of any of those other written or online terms and conditions or
agreements you may have or will have with TouchPay. To the extent that there is
any conflict between these Terms of Use and any terms and conditions or
agreements relating to TouchPay services you have used, those other terms and
conditions or agreements will govern.
Notice regarding dispute resolution and mandatory arbitration: These Terms of
Use contain provisions that govern the resolution of any and all claims between
you and ViaPath (see Section 22 below), including an agreement and obligation to
arbitrate disputes, which will, subject to limited exceptions, require you to
submit claims you have against us to binding arbitration, unless you opt-out in
accordance with Section 22(d). Unless you opt-out of binding arbitration: (1)
you will only be permitted to pursue claims against us on an individual basis,
not as part of any class or representative action or proceeding and (2) you will
only be permitted to seek relief (including monetary, injunctive, and
declaratory relief) on an individual basis.
1. Acceptance of these terms of use by users of the site. By using the Service
or clicking the “accept” button when you register to use the Service
through the Site or when you are otherwise prompted to do so, you agree to
be legally bound by these Terms of Use.
2. Acceptance of these terms of use by other users of the service. If you
create an account to use the Service other than through the Site, and if
you do not agree with or consent to the terms of these Terms of Use, you
will have thirty (30) days from the date you create the account with us to
cancel the account. If you decide that you want to cancel the account
within this thirty (30) day period, please contact our Customer Service
team using the information supplied through the “Contact Us” link on the
Site. If you cancel the account, we will provide you with a refund of any
fees you have paid and not used in connection with the Service.
3. Eligibility. The Service is intended for individuals who are at least
eighteen (18) years old. If you are not at least eighteen (18) years old,
please do not access, visit, or use the Service.
4. Your privacy rights. In connection with your use of the Services, please
review our privacy statement (“Privacy Statement”) in order to understand
how we use information we collect from you when you access, visit or use
the Service. The Privacy Statement is part of and is governed by these
Terms of Use and by accepting the Terms of Use, you agree to be legally
bound by the terms of the Privacy Statement and agree that we may use
information collected from you in accordance with the Privacy Statement.
5. Registration. As a condition of using certain features of the Service, you
may be required to register through the Site and select a password and user
I.D. You may be required to provide personal and/or financial information.
You expressly represent, warrant, and agree that any information you give
to ViaPath will be accurate, correct, and complete. If you provide any
information that is, or that ViaPath has reasonable grounds to suspect is,
untrue, inaccurate, not current, or incomplete, ViaPath may, without
notice, suspend or terminate your access and use of the Services, refuse to
provide you with any and all current or future use of the Services, and
report the incident to law enforcement. If applicable, you may be required
to provide valid credit card information. By providing your credit card
information, you authorize ViaPath to charge such credit card for your
financial obligations relating to your access and use of the Services. You
may not: (1) select or use as a user I.D. a name of another person with the
intent to impersonate that person; (2) use as a user I.D. a name subject to
any rights of a person other than you without appropriate authorization; or
(3) use as a user I.D. a name that is otherwise offensive, vulgar, or
obscene. We reserve the right to refuse registration of, or to cancel a
user I.D., in our sole discretion. You shall be responsible for maintaining
the confidentiality of your user I.D. and password. You are responsible for
immediately notifying us if your user I.D. or password are compromised.
Unless notified, we are entitled to assume any instructions issued from
your user I.D. are valid. ViaPath reserves the right to refuse registration
of or to cancel a user account for any reason.
6. identity verification. As a condition of using certain features of the
Service, you may be required to provide a copy of a government issued form
of identification bearing your photograph, such as a driver's license or
passport, for the purpose of verifying your identity. By providing such
documentation, you agree that an image of this identification may be
provided to law enforcement or correctional staff.
7. Prohibited activities. You may not access, visit, or use the Service for
any purpose other than the intended purpose for which we make it available
to you, in accordance with all applicable legal requirements including all
federal, state, and local laws, rules, and regulations (including
correctional facility policies) and these Terms of Use. We may prohibit
certain activities in connection with the Service in our discretion. You
may not facilitate or permit anyone else to facilitate or conduct, directly
or indirectly, the following prohibited activities which include, without
limitation:
a. Criminal or tortious activity, including child pornography, fraud,
trafficking in obscene material (including, but not limited to
controlled substances or humans), drug dealing, gambling, harassment,
stalking, spamming, copyright infringement, patent infringement, or
theft of trade secrets.
b. Using of the Services in connection with pornography.
c. Engaging in nudity, profanity, suggestive body gestures, terminology
and/or any other activity deemed inappropriate at the sole discretion
of ViaPath or a correctional facility.
d. Advertising to, or solicitation of, any user to buy or sell any
products or services.
e. Transmitting chain letters or junk email to other users.
f. Using any information obtained from the Service in order to contact,
advertise to solicit or sell any products or services to any user
without their prior explicit consent.
g. Engaging in any automated use of the Service, such as using scripts,
web crawlers, bots/robots, or scrapers, or manual equivalents, to send
comments or messages for any other purpose.
h. Interfering with, disrupting, or creating an undue burden on the
Service or the networks or services connected to the Service.
i. Attempting to impersonate, or impersonating any person, another user or
entity, or misrepresenting yourself.
j. Using another incarcerated individual's I.D. or account.
k. Using the user I.D. or account of another user without the user's
explicit consent and permission (for Friends and Family users only).
l. Using any information obtained from the Service in order to harass,
abuse or harm another person.
m. Accepting payment or anything of value from any person and/or
third-party entity in exchange for your performance of any commercial
activity on or through the Service on behalf of that person and/or
third-party entity.
n. Using the Service in a manner inconsistent with any and all applicable
laws, rules, and regulations (including correctional facility
policies).
o. Decompiling, disassembling, modifying, translating, adapting, reverse
engineering, or creating derivative based on, the Service, or any
portion thereof.
p. Intentionally, recklessly, negligently, or purposefully damaging,
destroying, losing, or stealing tablet devices. Incarcerated
individuals engaged in such prohibited activities may be assessed
charges for the replacement cost of the damaged, destroyed, lost, or
stolen tablet device and may be subject to further restrictions of use.
If ViaPath determines that you may have violated these Terms of Use, it may
report the matter to law enforcement and correctional facility
administrators, and/or refuse or restrict your access to all or any portion
of the Services.
8. Management of the service. You acknowledge that we reserve the right, but
have no obligation, to (1) take appropriate action against anyone who, in
our sole determination, violates these Terms of Use or whom we suspect is
using the Service to violate the law, rules, or policies of conduct of any
of our customers, including, without limitation, reporting you to law
enforcement authorities, (2) in our sole discretion and without limitation,
refuse, restrict access to or availability of, or disable all or a portion
of the Service, and (3) otherwise manage the Service in a manner designed
to protect the rights and property of the Company, our customers, and users
of the Service and to facilitate the proper functioning of the Service.
9. Monitoring communication, including calls and video visits made and
electronic messages sent through the service. You acknowledge and agree
that we, law enforcement agencies, and correctional facilities (including
the correctional facility where an individual is incarcerated) may monitor,
record, and store calls and video visits, and read electronic messages
(including emails) and view photographs and videos sent using the Service,
in accordance with the policies in place at the correctional facility where
an individual is incarcerated. We may also obtain the location of the phone
you are using when you use the Service to help ensure accurate billing
practices and may obtain your IP address or geo-location using the location
services, GPS or Wi-Fi functions on the mobile device you are running the
Services on and provide this location to the correctional facility from
which you received the call. By accepting these Terms of Use, you authorize
us and the applicable correctional facility, to monitor, record, and store
all communications made using the Services, including, but not limited to,
monitoring, recording and storing calls and video visits you make through
the Service and reading electronic messages (including emails) and viewing
photographs and videos you send through the Service in accordance with the
policies in place at the applicable correctional facility.
10. Use of the service. The Service and its contents and the trademarks,
service marks and logos contained on the Service, are the intellectual
property of the Company or its licensors and constitute copyrights and
other intellectual property rights of the Company or its licensors under
U.S. and foreign laws and international conventions. The Service and its
contents are provided for your informational, personal, non-commercial use
only and may not be used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any other
purpose whatsoever without the expressed written consent of the Company.
You agree not to engage in the use, copying or distribution of the Service
or of any of its contents for any commercial purpose. You agree not to
circumvent, disable, or otherwise interfere with security related features
of the Service. We may, but are not obligated to, periodically provide
updates to the Service to resolve bugs or add features and functionality.
You do not acquire any ownership rights to the Service or to any contents
contained on the Service. All rights not expressly granted in these Terms
of Use are reserved by the Company. You are solely responsible for your
interactions with other users of the Service.
11. Termination of your use of the service. We may suspend or terminate your
use of the Service if you violate these Terms of Use or in our discretion.
We may also impose limits on or restrict your access to parts or all of the
Service without notice or liability.
12. Charges for the service. Fees will apply to your use of certain features of
the Service, including any calls that are made through the Service. The
fees and charges may vary based on, among other things, the correctional
facility where an individual is incarcerated. We reserve the right to
change the fees charged periodically, in our discretion.
13. Advancepay accounts and friends and family accounts inactivity/ refund
policy.
* AdvancePay Accounts and Friends and Family Accounts will become inactive
after 180 days of non-use or no activity.
* Refunds — Refunds are available on request while an account is in active
status only. Requests can be made online or by phone to ViaPath's
Customer Service Center.
* For AdvancePay Accounts and Friends and Family Accounts used for calls
from/to incarcerated individuals in a California state prison or youth
residential placement or detention center operated by the Department of
Corrections and Rehabilitation, effective January 1, 2023, and pursuant
to the Keep Families Connected Act, all calls placed by incarcerated
individuals to friends and family members will be at zero costs to the
incarcerated individual and their friend and/or family member. Note:
This provision does not apply to Department of Homeland Security
Immigration and Customs Enforcement facilities and individuals detained
at these facilities.
* In keeping with Minn. Stat. §241.252 Sec. 11 (2022), the restrictions in
these Terms of Use do not apply to AdvancePay Accounts or Friends and
Family Accounts in Minnesota. For details, see Minnesota Revised Tariff
No. 2,
https://www.cards.commerce.state.mn.us/security/search.do?documentId={703CA088-0000-CB16-B20B-23024E706B5A},
which provides that “Calls originating from Correctional Institutions
managed by the Minnesota Department of Corrections – effective July 1,
2023, there is no charge to the individual initiating the communication
or to the individual receiving the communication.”
* In all instances where the applicable law, regulation, or tariff may
limit the ability of a provider to refund monies after a prescribed
period of inactivity, ViaPath's policy shall be limited to compliance
with the applicable law, regulation, or tariff, including, but not
limited to, the states of Alabama and Iowa.
14. Submissions. If you submit opinions, suggestions, feedback, images,
documents, and/or proposals to us through the Service, or through any other
communication with us, you acknowledge and agree that: (1) the submissions
you provide will not contain confidential or proprietary information; (2)
we are not under any obligation of confidentiality, expressed or implied,
with respect to the submissions you provide; (3) we shall be entitled to
use or disclose (or choose not to use or disclose) the submissions you
provide for any purpose, in any way, in any media worldwide; (4) the
submissions you provide will automatically become the property of the
Company without any obligation of the Company to you; and (5) you are not
entitled to any compensation or reimbursement of any kind from the Company
in connection with your submissions under any circumstances.
15. Links to third party applications and other websites. The Service may
contain links to third-party applications (“apps”) and websites, resources,
or data. You acknowledge and agree that the Company is not responsible or
liable for: (1) the availability or accuracy of these third-party apps and
websites, resources, or data; or (2) the content, products, or services on
or available from these third-party apps and websites, resources, or data.
You also acknowledge that you are solely responsible for, and assume all
risk arising from, the use of any of these third-party apps and websites,
resources, and data. Links to third-party apps and websites on the Service
are not intended as endorsements or referrals by the Company of any
products, services or information contained on the applicable apps and
websites. These Terms of Use do not apply to third-party apps and websites,
including the content of and your activity on those apps and websites. You
should review third-party apps and websites' terms of service, privacy
policies and all other application and website documents, to inform
yourself of the regulations, policies, and practices of third-party apps
and websites.
16. Disclaimer of warranties.to the fullest extent permitted by applicable law,
the information contained in and provided through the service, including
text, graphics, links, or other items, is provided “ as is”. neither the
company nor its suppliers warrant the accuracy, adequacy, completeness or
timeliness of the information, materials, products, and services accessed
on or through the service and the company expressly disclaims liability for
errors or omissions in the information or materials accessed on or through
the service. no warranty of any kind, whether implied or expressed,
including but not limited to the warranties of non infringement, title,
merchantability, fitness for a particular purpose, and freedom from
computer virus, is given in conjunction with any information, materials, or
services provided through the service.
17. Limitation of liability. To the fullest extent permitted by applicable law,
in no event shall viapath, its employees, officcers, representatives,
agents, or third party suppliers be liable for any damages, losses or
liabilities including, without limitation, direct or indirect, punitive,
incidental, special, consequential or other damages, losses or expenses of
any kind, including but not limited to, any lost profits, lost data, lost
savings, or loss of use, whether based on breach of contract, breach of
warranty, tort, or any other legal theory, arising out of or in any way
connected with (i) the use or inability to use the site or the services;
(ii) reliance on or use or inability to use the information, materials,
content, products, software, or services provided through the site and
services; (iii) unauthorized access to or alteration of your transmissions
or data; (iv) statements or conduct of any third party on our site or
services; (v) the delay or failure in perfomrance resulting from an act of
god, natural disasters, communications failure, governmental actions, wars,
strikes, labor disputes, riots, shortabes of labor or materials, vandalism,
terrorism, non performance of third parties or any reasons beyond their
reasonable control; (vi) in connection with any failure of performance,
error, omission, interruption, defect, delay, or degradation in operation
or transmission, computer virus or line or system failure, even if the
company or its third party suppliers are advised of the possibility of such
damages, losses, or expenses. your sole remedy for dissatisfaction with the
site and/ or services is to stop using the site and/ or those services.
Applicable law may not allow the limitation of liability, implied
warranties or the exclusion or limitation of certain damages set forth
above, so this limitation of liability may not apply to you. if any part of
this limitation on liability is found to be invalid or unenforceable for
any reason, then the aggregate liability of viapath under such
circumstances for liabilities that otherwise would have been limited shall
not exceed one hundred dollars ($100).
18. Notice to new jersey users. Notwithstanding any terms set forth in these
Terms of Use, if any of the provisions set forth in Sections 16, 17, 21,
and/or 22 are held unenforceable, void, or inapplicable under New Jersey
law, then any such provision shall not apply to you, but the rest of these
Terms of Use shall remain binding on you and the Company. In addition, for
New Jersey residents, the limitation on liability is inapplicable where
attorneys' fees, court costs, or other damages are mandated by statute.
Notwithstanding any provision in these Terms of Use, nothing in these Terms
of Use is intended to, nor shall it be deemed or construed to, limit any
rights available to you under the Truth-in-Consumer Contract, Warranty and
Notice Act.
19. Notice to california users. Under California Civil Code Section 1789.3,
users located in California are entitled to the following consumer rights
notice: We are located at 3120 Fairview Park Drive, Suite 300, Falls
Church, VA 22042. If you have a question or complaint regarding the
Service, please contact us by email or by toll free telephone number using
the information supplied through the “Contact Us” link on the Site.
California residents may also reach the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer
Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA
95834, or by telephone at (916) 445-1254 or (800) 952-5210.
20. Unauthorized transactions. In the event that you use a credit card to pay
for any products or services offered through the Site, you are representing
to the Company that you are authorized to use that credit card.
21. Indemnification. You agree to defend, indemnify, and hold the Company
harmless from and against any and all claims, damages, and costs including
attorneys' fees, arising from or related to your use of the Service. You
will not be required to indemnify and hold the Company harmless from and
against any claims, liabilities, damages, losses, or expenses resulting
from the Company's own negligent conduct.
22. Dispute resolution and arbitration agreement.
Please Read This Following Clauses Carefully – They May Significantly
Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
a. Arbitration. The parties, which means you and the Company, shall use
their best efforts to settle any dispute, claim, question, or
disagreement directly through consultation and good faith negotiations
which shall be a precondition to either party initiating a lawsuit or
arbitration. All claims arising out of or relating to these Terms of
Use (including its formation, performance, and breach) and the Service
shall be finally settled by binding arbitration, excluding any rules or
procedures governing or permitting class actions. The arbitrator, and
not any federal, state, or local court or agency, shall have exclusive
authority to resolve all disputes arising out of or relating to the
interpretation, applicability, enforceability, or formation of these
Terms of Use, including, but not limited to any claim that all or any
part of these Terms of Use is void or voidable. The arbitrator shall be
empowered to grant whatever relief would be available in a court under
law or in equity. The arbitrator's award shall be binding on the
parties and may be entered as a judgment in any court of competent
jurisdiction. To the extent the filing fee for the arbitration exceeds
the cost of filing a lawsuit, we will pay the additional cost. The
interpretation and enforcement of these Terms of Use shall be subject
to the Federal Arbitration Act. The parties understand that, absent
this mandatory provision, they would have the right to sue in court and
have a jury trial. They further understand that, in some instances, the
costs of arbitration could exceed the costs of litigation and the right
to discovery may be more limited in arbitration than in court.
b. Class Action Waiver. The parties, which means you and the Company,
further agree that any arbitration shall be conducted in their
individual capacities only and not as a class action or other
representative action, and the parties expressly waive their right to
file a class action or seek relief on a class basis. If any court or
arbitrator determines that the class action waiver set forth in this
paragraph is void or unenforceable for any reason or that an
arbitration can proceed on a class basis, then the arbitration
provision set forth above shall be deemed null and void in its entirety
and the parties shall be deemed to have not agreed to arbitrate
disputes.
c. Exception – Litigation of Small Claims Court Claims. Notwithstanding
the parties' decision to resolve all disputes through arbitration,
either party, you or the Company, may also seek relief in a small
claims court for disputes or claims within the scope of that court's
jurisdiction.
d. Thirty Day Right to Opt-Out. You have the right to opt-out and not be
legally bound by the arbitration and class action waiver provisions set
forth this Section by sending written notice of your decision to
opt-out to the following address: c/o ViaPath Technologies, 3120
Fairview Park Drive, Suite 300, Falls Church, VA 22042, Attn:
Arbitration Opt-Out. The notice must be sent within thirty (30) days of
the date you have agreed to Terms of Use; otherwise, you shall be
legally bound to arbitrate disputes in accordance with the terms set
forth above. If you elect to opt-out of these arbitration provisions,
we also will not be legally bound by them. In addition, if you elect to
opt-out of these arbitration provisions, we may terminate your use of
the Service. If we terminate your use of the Service, we will provide
you with a refund of any fees you have paid and have not been used in
connection with the Service.
23. Amendments. These Terms of Use may be amended by the Company from time to
time. We will post any material changes to these Terms of Use on the Site
or Service with a notice advising of changes. You may cancel your account
within thirty (30) days following the date the amended Terms of Use are
posted by contacting us using the contact information in Section 30 below.
If you choose to cancel your account within this thirty (30) day period,
you will not be legally bound by the terms of the revised Terms of Use but
will remain legally bound by terms of these Terms of Use, and we will
provide you with a refund of any fees that you have paid and that have not
been used in connection with the Service.
24. No oral modifications. Employees of the Company are not authorized to
modify these Terms of Use, either verbally or in writing. If any employee
of the Company offers to modify these Terms of Use, he or she is not acting
as an agent for the Company or speaking on our behalf. You may not rely,
and should not act in reliance on, any statement or communication from an
employee of the Company or anyone else purporting to act on our behalf.
25. No third party beneficiaries. These Terms of Use are between you and the
Company. There are no third-party beneficiaries. All payments associated
with transactions that classify as money transmission are held in a
custodial capacity by TouchPay Holdings, LLC d/b/a GTL Financial Services,
a subsidiary of ViaPath, as an agent of its customers.
26. Independent contractors. No agency, partnership, joint venture, or
employment is created as a result of these Terms of Use, and you do not
have any authority of any kind to bind the Company in any respect
whatsoever.
27. Non-waiver. The failure of either party to exercise in any respect any
right provided for herein shall not be deemed a waiver of any further
rights hereunder.
28. Force majeure. The Company shall not be liable for any failure to perform
its obligations hereunder where the failure results from any cause beyond
the Company's reasonable control, including, without limitation, any
mechanical, electronic or communications failure or degradation.
29. Severability. If any provision of these Terms of Use is found to be
unenforceable or invalid (other than the class action waiver in Section
22), that provision shall be limited or eliminated to the minimum extent
necessary so that these Terms of Use shall otherwise remain in full force
and effect and enforceable.
30. Contact us. If you have any questions about these Terms of Use, you may
contact us by email at termsofuse@viapath.com or by postal mail at c/o
ViaPath Technologies, 3120 Fairview Park Drive, Suite 300, Falls Church, VA
22042, Attn: Legal Department. If you have any questions regarding the
Service or your account, or if you would like to cancel your account,
please contact our Customer Service team using the information supplied
through the “Contact Us” link on the Site.
31. Assignment. These Terms of Use are not assignable, transferable, or
sublicensable by you except with our prior expressed written consent. We
may transfer, assign, or delegate these Terms of Use and our related rights
and obligations without obtaining your consent.
Close
EFFECTIVE DATE: JANUARY 4, 2022
OVERVIEW
TouchPay Holdings, LLC d/b/a GTL Financial Services (“TouchPay”), a wholly-owned
subsidiary of Global Tel*Link Corporation d/b/a (“ViaPath”) is the owner and
operator of the gettingout.com website (“Site”) on which this Privacy Statement
is posted. This Privacy Statement applies to information gathered by ViaPath, or
by one of its affiliates in connection with your use of the Site or your use of
any of the products and services provided by ViaPath or any ViaPath affiliate,
including but not limited to GTL Financial Services, GTL Enhanced Services, LLC,
DSI-ITI, Inc., Innertainment Delivery Systems, LLC, Public Communications
Services, Inc., Renovo Software, Inc., and Value-Added Communications, Inc.
(individually “Affiliate” and collectively “Affiliates”) Products and services
provided by ViaPath or any Affiliate will be referred to in this Privacy
Statement as the “Service”). This Privacy Statement is part of, and is governed
by, the TouchPay Terms of Use set forth in the Site. For purposes of this
Privacy Statement, “we”, “us” or “our” refers to ViaPath and any Affiliate where
the Affiliate or its products or services are implicated.
TERMS OF USE
This Privacy Statement applicable as of the Effective Date posted above. This
Privacy Statement is part of, and is governed by, the Terms of Use set forth in
the Site. For purposes of this Privacy Statement, "we", "us" or "our" refers to
ViaPath and any Affiliate where the Affiliate or its products or services are
implicated.
SCOPE
This Privacy Policy applies only to information we collect through electronic or
digital means including our mobile applications and commerce websites located
at: https://www.connectnetwork.com, https://www.gtlfsonlinepay.com/, and
https://www.gtlvisitme.com/app, and https://www.gettingout.com/(individually or
collectively referred to as our "Sites" or "Websites"). It is our policy to use
the information we collect about you from the Service in a manner that is
consistent with this Privacy Statement. Accordingly, this Privacy Statement
advises you about the types of information we collect when you use the Service
and how we may use that information.
CONTACTING GTL
If you have any questions about the Privacy Statement or our use of the
information, we collect from you in connection with the Service, you may contact
us by email at privacy@gtl.net or by postal mail at c/o Global Tel*Link
Corporation, 3120 Fairview Park Drive, Suite 300, Falls Church, VA 22042, Attn:
Legal Department. If you have any questions regarding the Service or your
account, or if you would like to cancel your account, please contact our
Customer Service team using the information supplied through the "Contact Us"
link on the Site, which provides contact phone numbers.
CORRECTING/UPDATING YOUR INFORMATION
If your name, email address, mailing address, telephone number or other contact
information that you provide to us changes, you may update, correct or omit the
relevant information by contacting our Customer Service team using the
information above.
SERVICE/SITE AGE LIMITS
MUST BE OVER 18
The Service is not intended for visitors that are under eighteen (18) years of
age. We do not knowingly solicit or collect information from individuals who are
not at least eighteen (18) years old.
NOT AVAILABLE FOR USE BY CHILDREN
We regret that the Service is not available to children under the age of
thirteen (13). We will never knowingly collect contact information from children
under the age of thirteen (13) without verifiable parental consent. If you are
under the age of thirteen (13), please do not provide us with information of any
kind whatsoever. If we become aware that a user is under the age of thirteen
(13) and has submitted information to the Site without verifiable parental
consent, we will remove his or her information from our files. We understand
that children may not fully understand all of the provisions of this Privacy
Statement or make informed decisions about the choices that are made available
to adult users of the Site. We encourage parents and guardians to spend time
with their children online and to be familiar with the websites they visit. If
you are a parent or legal guardian and think that your child under 13 has given
us their personal information you can email us at privacy@gtl.net and request
this information be deleted. Please mark your request "Children's Privacy
Request."
INFORMATION WE COLLECT
DATA COLLECTED THROUGH OUR COOKIES OR WEB BEACONS
When you visit or use our Site we send one or more "cookies" or "web beacons" to
your computer or other device. A cookie is a small file containing a string of
characters that is sent to your computer or other device when you visit a
website. When you visit the website again, the cookie allows that site to
recognize your browser. We use cookies to improve the quality of our service,
including for storing user preferences. By using the clicking the "Accept"
button when our cookie message displays, you agree to be bound by the terms of
this Privacy Statement. Web beacons are web page elements that can recognize
certain types of information on your computer or mobile device such as cookies
and the time and date of a page viewed.
Information that may be collected by cookies and web beacons when you use the
Site may include, without limitation:
* the pages you visit within the Site;
* the date and time of your visit to the Site;
* the amount of time you spend using the Site;
* the websites you visit before or after visiting the Site;
* the Internet Protocol (IP) address used to connect your computer or mobile
device to the Internet;
* your computer or mobile device and connection information such as your
browser type and version, operating system and platform; and/or
* your purchase history.
You may be able to set your browser to reject cookies or to notify you when you
are sent a cookie. You can also purchase and download software that will allow
you to use the Service without providing the information gathered by cookies.
You are welcome to use the Service if you use this type of software, but your
experience while visiting the Service may not be optimal.
If you create an account to use the Service other than through the Site (such as
through our Customer Service Representatives), and if you do not agree with or
consent to the terms of this Privacy Statement, you will have thirty (30) days
from the date you create the account with us to cancel the account. If you
decide that you want to cancel the account within this thirty (30) day period,
please contact our Customer Service team using the information supplied through
the "Contact Us" link on the Site. If you cancel your account within the
applicable thirty (30) day period, we will provide you with a refund of any fees
you have paid and have not used in connection with the Service at the time of
cancellation.
CONTACT INFORMATION WE COLLECT FOR USE OF OUR SERVICE
We may collect information from you that can be used to personally identify
and/or contact you. Contact information collected through the Service may
include your name, telephone number, physical address, mailing address, billing
address, or email address.
OTHER PERSONAL INFORMATION
In addition to contact information, we may collect other personal information
from you that may be associated with your contact information. Other personal
information collected through the Service may include your birth date, credit
card or other financial account information, the last four numbers of your
social security number, and your username and password.
PAYMENT INFORMATION
If you are using our services to make payments, we are required to collect
identification and financial information like your name, address, drivers'
license number, social security number, type of payment you are making, or
information related to the purpose of the payment. We may need to run background
checks on anyone involved in the transaction to satisfy our legal requirements.
VOICE AND IMAGE
When you use our services to communicate with an inmate, GTL records and stores
the communication, which may include your image and/or voice. By using the
services, you are expressly providing consent for GTL to collect your voice and
image and to use them as described in this Privacy Policy, in accordance with
the Terms and Conditions. GTL may also collect a copy of a government issued
from of identification bearing your photograph.
SOCIAL MEDIA
If you choose to connect your social media account to our Facebook and other
social media outlets, certain personal information from your social media
account will be shared with us, which may include personal information that is
part of your profile or your friends' profiles. You may revoke your consent to
have the social media platform share information with us by changing your
settings within such platform.
INFORMATION ABOUT INCARCERATED INDIVIDUALS
If you are a friend or family member of an incarcerated individual, we may also
collect information from you about the identity of incarcerated individual(s)
receiving funds from you, or who you communicate with, through the Service. If
you provide this information, you represent and warrant that you have all
necessary rights and authority to provide information about the applicable
incarcerated individual(s) in connection with the Service and agree that you
shall be solely liable in connection with your disclosure of any information
regarding incarcerated individual(s) in connection with the Service.
REGISTRATION
In order to access our products and services you will need to register with the
Service. You may register with the Service either through the Site or by phone
when you speak with one of our authorized customer service representatives or
use our automated voice service. As part of the registration process you may be
asked to provide your name, mailing address, phone number, and email address,
and to create a user name and password.
PURCHASES
If you wish to purchase products or services through the Service, we will
require sufficient information to complete your purchase, including your credit
card or other payment card information. We may also capture your image when you
use one of our payment services kiosks.
PERSONAL COMMUNICATIONS TO US
If you send any personal communication or correspondence, by any means, to the
Service, or to any of our employees, agents or representatives, the Service may
collect additional information regarding that communication and include that
information in our customer database.
DO NOT TRACK REQUESTS
Your Internet browser may allow you to adjust your browser settings so that "do
not track" requests are sent to the websites that you visit. However, we will
not disable tracking technology that may be active on the Site in response to
any "do not track" requests that we receive from your browser.
DO NOT SELL
ViaPath does not sell personally identifying information about the users of our
Services to any third parties.
LOCATION INFORMATION WE COLLECT THROUGH MOBILE APPLICATIONS
In addition, if you access the Service through one of our mobile applications,
we may also be able to identify the location of your mobile device. You may
choose not to share your location details with us by adjusting your mobile
device's location services settings, or otherwise declining to provide access to
your location when prompted to do so. For instructions on changing the relevant
settings, please contact your service provider or mobile device manufacturer.
If you choose not to share your location details with us, you may be denied
access to the mobile application.
WHEN YOU RECEIVE A PHONE CALL THROUGH THE SERVICE
We collect the location of the phone you are using when you use the Service to
help ensure accurate billing practices.
You will be advised through a prompt on calls placed from an inmate at a
correctional facility to the phone you are using when you use the Service that
your phone location information will be obtained. By accepting the call, you
agree to have your phone location obtained for 60 minutes after you accept the
call. Your location will not be obtained if you do not accept the call. The
location information collected in connection with each call will only be stored
for one year from the date of the call and then deleted from our records. If
you would like to opt out of having your phone location information obtained for
any time remaining between when you terminate your call with the inmate and the
above referenced 60 minute period, please call 1-800-483-8314.
CELLULAR PROVIDER INFORMATION
The Service is not a Cellular Provider application. If you use the Service, it
may require your Cellular Provider to disclose your customer information,
including mobile phone location information, to us or some other third party. By
providing your consent through the opt-in process described below, you authorize
your Cellular Provider to disclose your information to us and to third parties
to enable the Service. Please review this Privacy Policy and our Terms of Use
for more information about how the Service will collect, access, use or disclose
your information. If you aren't comfortable with the terms of this Privacy
Policy or our Terms of Use, you should not use the Service. You acknowledge and
agree that (1) your relationship with us is separate from your relationship with
your Cellular Provider; (2) your Cellular Provider is not responsible for the
Service; and (3) you will hold harmless your Cellular Provider and its
subsidiaries, affiliates, officers, employees, agents, successors and assigns
from any judgments, claims, actions, losses, liabilities or expenses arising
from or attributable to the Service or our acts or omissions.
INFORMATION COLLECTED AND USED BY THIRD PARTIES
If you visit the Site from a third-party website the third-party website may
give you a unique code, cookie or graphic which will uniquely identify you. This
will only happen if you link directly from a third-party website to the Site.
Your activities on the Site while this type of code is active may be reported
back to the third-party website. The presence of a third-party navigation bar at
the top of any page on the Site is an indication that the third-party website
may be able to see your activity on the Site.
The Site may also include third-party advertising, links to other websites, and
other content from third-party businesses. These third-party sites, businesses,
and advertisers, may use web beacons and cookies to measure the effectiveness of
their ads, personalize or optimize advertising content and to track users who
click on the links made available through the Site. These third-parties may use
persistent identifiers to track the actions of users online over time and across
different websites or platforms to deliver targeted electronic advertisements to
an individual user. We do not have access to or control over web beacons,
cookies or persistent identifiers that these third parties may use. We are not
responsible for the privacy practices or the content of these third-party
websites. You are encouraged to review the privacy policies of the different
websites you visit. For information about how tracking works for online
advertising purposes you can visit http://www.aboutads.info/choices.
Some third-party advertising companies may provide a mechanism to opt-out of
their technology. For more information about the opt-out process, you may visit
the Network Advertising Initiative website, available at
http://www.networkadvertising.org/managing/opt_out.asp.
We may also use analytics software service providers to gather and analyze
anonymous information about users of the Site. These service providers may use
cookies to collect information about your purchase history, the content you
view, what websites you visit immediately prior to and after visiting the Site,
and your system information. The information gathered by these service providers
about your use of the Site may be transmitted to and stored by these service
providers. If we use these service providers, the information collected about
you by these service providers would allow us to analyze your use of the Site
and the Service. The Site uses Google Analytics, including its Demographics and
Interests Reports feature, which in addition to the types of information
described above, provides a breakdown of visitors to the Site on an anonymous
aggregate basis by age group, gender and interests. To learn more about how
Google Analytics collects and uses information, and how you can control
information sent to Google you can visit https://policies.google.com/privacy.
AGGREGATE INFORMATION
We may share information relating to users of the Service with affiliated or
unaffiliated third parties on an anonymous, aggregate basis. While this
information will not identify you personally, in some instances these third
parties may be able to combine this aggregate information with other data they
have about you, or that they receive from third parties, in a manner that allows
them to identify you personally.
HOW WE USE YOUR INFORMATION
We may use information collected from or about you for any of the following
purposes:
* to provide you with the service
* to manage and service your account;
* to contact you when necessary about your account or your use of our services;
* to comply with regulatory requirements for the maintenance of records;
* to send you by mail, phone, text or email, information and promotional
materials about our products and services as well as our company in general;
* to send you by mail, phone, text or email, information and promotional
materials from our marketing partners and other third parties;
* to deliver targeted display advertisements and offers by email;
* to help diagnose problems with our server;
* to administer our Site;
* to conduct internal reviews of our Service;
* to help us better understand visitors' uses of our Service;
* to carry out our obligations and enforce our rights arising from any
contracts entered into and between us and a correctional facility, or
controlling entity, where an individual that you may communicate with is
detained;
* to respond to law enforcement requests and as required by applicable law,
court order, or governmental regulations;
* to verify your identity;
* to protect the security or integrity of our Service; and
* for any other business or marketing purposes that are not inconsistent with
the terms of this Privacy Statement.
* for purposes not provided for in this privacy policy, but if we do, we will
notify you (and, if necessary, obtain your consent) before using your
personal information in this way
We may also combine information we collect about you through the Service with
other information about you that we receive from third party sources. By way of
example and not limitation, we may use a change of address or other list service
to ensure that our records for your account are accurate.
DESCRIPTION OF CUSTOMER PROPRIETARY NETWORK INFORMATION (“CPNI”)
CPNI is proprietary information about you that includes (1) information on the
quantity, technical configuration, type, destination, location, and amount of
your use of ViaPath telecommunications services, that you make available to
ViaPath solely by virtue of the carrier-customer relationship; and (2)
information contained in the bills you receive concerning your
telecommunications service. It does not include (1) your name, address, or phone
number; (2) aggregated customer information that does not identify specific
individuals; or (3) information about non-telecommunications service, such as
Internet access. Under the CPNI rules adopted by the Federal Communications
Commission (“FCC”), you have the right, and ViaPath has the duty, to protect the
confidentiality of CPNI
VIAPATH'S USE OF CPNI
Under FCC rules, ViaPath may use your CPNI without your prior approval for
certain purposes. Specifically, ViaPath may use, disclose, or permit access to
your CPNI without your consent, either directly or through its agents, for the
purpose of (1) initiating, rendering, billing, and collecting for ViaPath
service; (2) protecting ViaPath’s right or property, or protecting ViaPath users
and other telecommunications carriers from fraudulent, abusive, or unlawful use
of, or subscription to, ViaPath services; (3) maintenance and repair; and (4)
complying with the orders or subpoenas of a court of competent jurisdiction.
Other uses require your approval, as described below.
REQUIRED CUSTOMER APPROVAL
As a leader in the corrections industry, ViaPath is continually developing new
innovations in the fields of technology, education, and intelligence. From time
to time, ViaPath may use and share your individually identifiable CPNI among its
affiliates and agents to inform you about communications-related products and
services or special promotions. Use of your individually identifiable CPNI
enhances ViaPath’s ability to offer products and services that are tailored to
your needs.
You have 30 days from the date of this notice to inform us (see “Contacting
ViaPath” below) if you do not wish ViaPath to use your individually identifiable
CPNI for this purpose. If you do not so inform us, ViaPath will assume you
consent to this use of your individually identifiable CPNI.
At any time after this 30-day period has elapsed, however, you have right to
disapprove this use, and limit or revoke access to your individually identifiable
CPNI by contacting ViaPath. A denial of approval will not affect ViaPath’s
provision of services to you. Your approval or denial of ViaPath’s use of your
individually identifiable CPNI is valid until you affirmatively revoke or limit
that approval or denial.
ViaPath will never disclose your individually identifiable CPNI to unaffiliated
third parties without your express, opt-in consent.
HOW WE SHARE YOUR INFORMATION
We may share the information we collect in connection with the Service with the
following recipients:
CORRECTIONAL FACILITIES AND LAW ENFORCEMENT
We may share contact information you provide, or location information we collect
from your computer or mobile device, with correctional facilities or other law
enforcement personnel upon their request. We may also share information
concerning any payment transaction completed through the Service including,
without limitation, your image as captured when you use a payment services kiosk
and the identities of the parties contributing and receiving payment under the
transaction and the amount of the payment, with correctional facilities or other
law enforcement personnel upon their request. Because safety and security are
ViaPath's top priority, you may not opt out of the sharing of your
communications with Law Enforcement, and all data associated with your
communications. If you do not consent to the collection, use and disclosure of
this type of data, please do not use the sites or services.
SERVICE PROVIDERS
We may share your information with our service providers, vendors, suppliers and
other services providers who provide services to us or on our behalf, such as
operating and supporting the Service, analyzing data, performing marketing or
consulting services, assisting us with the preparation and mailing of our
business and marketing communications, and with service processing and
fulfillment functions. For example, we may disclose your billing information to
payment processors when you add money to your account or conduct other financial
transactions through the Service.
OUR AFFILIATES
We may share some or all of your information with our parent company,
subsidiaries and corporate affiliates, joint ventures, or other companies under
common control with us. We will require these entities to comply with the terms
of this Privacy Statement with regard to their use of your information.
TRANSFER OR ASSIGNMENT IN CONNECTION WITH BUSINESS TRANSFERS OR BANKRUPTCY
In the event of a merger, acquisition, bankruptcy or other sale of all or a
portion of our assets, any user information owned or controlled by us may be one
of the assets transferred to third parties. We reserve the right, as part of
this type of transaction, to transfer or assign your information and other
information we have collected from users of the Service to third parties. Other
than to the extent ordered by a bankruptcy or other court, the use and
disclosure of all transferred user information will be subject to this Privacy
Statement. However, any information you submit or that is collected after this
type of transfer may be subject to a new privacy policy adopted by the successor
entity.
RESPONSE TO SUBPOENAS OR COURT ORDERS OR TO PROTECT RIGHTS AND TO COMPLY WITH
OUR POLICIES
To the extent permitted by law, we will disclose your information to government
authorities or third parties if: (a) required to do so by law, or in response to
a subpoena or court order; (b) we believe in our sole discretion that disclosure
is reasonably necessary to protect against fraud, to protect our property or
other rights or those of other users of the service, third parties or the public
at large; or (c) we believe that you have abused the Service by using it to
attack other systems or to gain unauthorized access to any other system, to
engage in spamming or otherwise to violate applicable laws or in violation of
our Terms of Use. You should be aware that, following disclosure to any third
party, your information may be accessible by others to the extent permitted or
required by applicable law.
HOW WE PROTECT YOUR INFORMATION
ViaPath complies with all required PCI standards
(https://www.pcisecuritystandards.org) regarding our treatment of payment card
data. Additionally, we have implemented commercially reasonable measures
designed to secure your personal information from unauthorized access, use,
alteration and disclosure. However, the transmission of information via the
internet is not completely secure. We cannot guarantee the security of your
personal information transmitted via our sites or services. Any transmission of
personal information is at your own risk. We are not responsible for
circumvention of any privacy settings or security measures contained on the
sites or services.
SECURITY OF INFORMATION
We seek to use industry standard physical, technical and administrative security
measures designed to protect your personally identifiable information. However,
no data transmission or storage system can be guaranteed to be 100% secure. 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), please immediately notify us in accordance with the
"Contact Us" section above.
Please note that emails you send to us through our Service are not encrypted,
and we strongly advise you not to communicate any confidential information in
your emails to us.
CALIFORNIA RESIDENTS PRIVACY RIGHTS
SHINE THE LIGHT
California Civil Code Section 1798.83, also known as the "Shine the Light" law,
permits our customers who are California residents to request and obtain from us
once a year, free of charge, information about the personal information (if any)
we disclosed to third parties for direct marketing purposes in the preceding
calendar year. If applicable, this information would include a list of the
categories of personal information that was shared and the names and addresses
of all third parties with which we shared information in the immediately
preceding calendar year. If you are a California resident and would like to make
this type of request, please provide submit your request in writing to:
privacy@gtl.net, or to c/o Global Tel*Link Corporation d/b/a ViaPath, 3120
Fairview Park Drive, Suite 300, Falls Church, VA 22042, Attn: Privacy.
CALIFORNIA CONSUMER PRIVACY ACT
The California Consumer Privacy Act of 2018 (CCPA), effective January 1, 2020,
provides California residents with rights regarding personal information listed
below. To exercise these rights please review the sections below.
Right to Know
You have the right to request that we disclose certain information to you about
our collection and use of your personal information over the past 12 months.
Once we receive and confirm your verifiable consumer request, we will disclose
to you:
* The categories of personal information we collected about you.
* The categories of sources for the personal information we collected about
you.
* Our business or commercial purpose for collecting or selling that personal
information. The categories of third parties with whom we share that personal
information.
* The specific pieces of personal information we collected about you (also
called a data portability request).
Right to Request Deletion
You have the right to request that we delete any of your personal information
that we collected from you and retained, subject to certain exceptions. Once we
receive and confirm your verifiable consumer request, we will delete (and direct
our service providers to delete) your personal information from our records,
unless an exception applies.
We may deny your deletion request if retaining the information is necessary for
us or our service providers to:
* Complete the transaction for which we collected the personal information,
provide a good or service that you requested, take actions reasonably
anticipated within the context of our ongoing business relationship with you,
or otherwise perform our contract with you.
* Detect security incidents, protect against malicious, deceptive, fraudulent,
or illegal activity, or prosecute those responsible for such activities.
* Debug products to identify and repair errors that impair existing intended
functionality.
* Exercise free speech ensure the right of another consumer to exercise their
free speech rights, or exercise another right provided for by law.
* Comply with the California Electronic Communications Privacy Act (Cal. Penal
Code 1546 seq.).
* Engage in public or peer-reviewed scientific, historical, or statistical
research in the public interest that adheres to all other applicable ethics
and privacy laws, when the information's deletion may likely render
impossible or seriously impair the research's achievement, if you previously
provided informed consent.
* Enable solely internal uses that are reasonably aligned with consumer
expectations based on your relationship with us.
* Comply with a legal obligation.
* Make other internal and lawful uses of that information that are compatible
with the context in which you provided it.
EXERCISING ACCESS, DATA PORTABILITY, AND DELETION RIGHTS
To exercise the access, data portability, and deletion rights described above,
please submit a verifiable consumer request to us by either:
* Logging into your account on one of our sites (if you are a California
resident, this request form will display on the site's dashboard).
* Contacting our Customer Service team using the information supplied through
the "Contact Us" link on the Site, which provides contact phone numbers.
Only you or a person (including a person registered with the California
Secretary of State) that you have authorized in writing to act on your behalf,
may make a verifiable consumer request related to your personal information. If
you are using an authorized agent to make a request on your behalf we have the
right to require you confirm with us that you have provided your permission for
the authorized agent to make such a request.
You may only make a verifiable consumer request for access or data portability
twice within a 12-month period. The verifiable consumer request must:
* Provide sufficient information that allows us to reasonably verify you are
the person about whom we collected personal information or an authorized
representative. This information includes your first and last name, email
address (and a verification sent to your email address), your account number,
and your billing address. If we are unable to verify your identity using this
information we may ask for additional verification information
* Describe your request with sufficient detail that allows us to properly
understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we
cannot verify your identity or authority to make the request and confirm the
personal information relates to you.
RESPONSE TIMING
We endeavor to respond to a verifiable consumer request within 45 days of its
receipt. If we require more time, we will inform you of the reason and extension
period in writing.
YOUR VIRGINIA PRIVACY RIGHTS
Under the Virginia Consumer Data Protection Act (“VCDPA”), Virginia residents
have the right to receive certain disclosures regarding a business’ processing
of “personal data,” as defined under the VCDPA, as well as certain rights with
respect to our processing of such personal data. To the extent you are a
resident of Virginia and we collect, use or disclose personal data subject to
the VCDPA, the following applies.
1. Your privacy rights
If you are a Virginia resident, you have the following rights under the
VCDPA with respect to your personal data.
* Right to access. You have the right to confirm whether or not we are
processing your personal data and to access such personal data.
* Right of portability. You may have the right to obtain a copy of the
personal data that you previously provided to us in a portable and, to the
extent technically feasible, readily usable format that allows you to
transmit your personal data to another controller or business where the
processing is carried out by automated means.
* Right to delete. You have the right to ask us to delete certain personal
data we have collected about you.
* Right to correction. You have the right to ask us to correct inaccuracies
in the personal data we have collected.
* Right to opt out of sale. Under the VCDPA, a “sale” includes disclosing or
making available personal data to a third party in exchange for money. We
do not “sell” personal data as defined by VCDPA; thus, this right is not
available to Virginia residents.
* Right to opt out of targeted advertising. You have the right to opt out of
targeted advertising based on your personal data. To opt out of targeted
marketing, please see our Notice of Right to Opt-Out. VCDPA provides the
right to opt out of the processing of personal data for decisions that
produce legal or similarly significant effects concerning you. We do not
process personal data for such profiling; thus, this right is not
available to Virginia residents.
2. How to submit a request
If you are a Virginia resident and wish to exercise these rights, you can
reach us in one of the ways shown below.
Right to Access / Portability / Delete / Correct:
* Contact our Customer Service team using the information supplied through
the “Contact Us” link on the Site, which provides contact phone numbers
and a “Contact Us Form”.
* Logging into your account on one of our sites and utilizing the request
form on the site’s dashboard.
See Section D for instructions on how to opt-out of targeted advertising.
USE OF INFORMATION OUTSIDE OF YOUR COUNTRY OF RESIDENCE
The sites and services are directed to users located in the United States. If
you are located outside of the United States and choose to use the sites or
services or provide your information to us, you should be aware that we may
transfer your information to the United States and process it there. The privacy
laws in the United States may not be as protective as those in your
jurisdiction. Your consent to this Privacy Policy followed by your submission of
information to us through the Site or in connection with the services represents
your agreement to the transfer of your information to the United States.
CHANGES TO THIS PRIVACY STATEMENT
If we decide to change our Privacy Policy, we will post those changes to the
Privacy Policy on our homepage, and other places we deem appropriate so that you
are aware of what information we collect, how we use it, and under what
circumstances we disclose it. We reserve the right to modify this Privacy Policy
at any time, so please review it frequently. Any changes to this Privacy Policy
will become effective when we post the revised Privacy Policy on our Services
and Sites. Your use of the Services and Sites following these changes means that
you accept the revised Privacy Policy.
RELEASE
By accessing and using our website, equipment, and services, you hereby release
and forever discharge ViaPath, all applicable Law Enforcement Officials and the
correctional facility from any and all liability, expense, cost or remedy which
may arise as a result of your use of our websites and services as well as the
use of the Data in the manner described herein
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TOUCHPAY HOLDINGS, LLC D/B/A GTL FINANCIAL SERVICES TERMS OF USE
Effective Date: August 28, 2023
TouchPay Holdings, LLC d/b/a GTL Financial Services, a wholly owned subsidiary
of Global Tel*Link Corporation d/b/a ViaPath Technologies (“ViaPath”), is the
owner and operator of the website located at the URL www.touchpayonline.com (the
"Site"). These Terms of Use apply to any user who accepts these Terms as set
forth in Section 1 and Section 2 below (“you”), regardless of your incarceration
or detainee status, including but not limited to non-inmate users such as an
inmate's friend or family member or an inmate's attorney. These Terms of Use
apply when you access, visit or use the Site or use any of the products or
services provided by ViaPath, or one of its affiliates (individually "Affiliate”
and collectively "Affiliates"), including GTL Financial Services, GTL Enhanced
Services, LLC d/b/a ViaPath, DSI-ITI, Inc. d/b/a ViaPath, Innertainment Delivery
Systems, LLC d/b/a ViaPath, Public Communications Services, Inc. d/b/a ViaPath,
Renovo Software, Inc. d/b/a ViaPath, and Value-Added Communications, Inc. d/b/a
ViaPath (the Site and all mobile applications and products and services provided
by ViaPath or any Affiliate will be referred to in these Terms of Use,
singularly, as the "Service" or, in plural, as “Services”). For purposes of
these Terms of Use, "Company", "we", "us", or "our", means ViaPath, and any
Affiliate where the Affiliate or its products or services are implicated.
Notice Regarding Dispute Resolution And Mandatory Arbitration: These Terms of
Use contain provisions that govern the resolution of any and all claims between
you and ViaPath (see Section 22 below), including an agreement and obligation to
arbitrate disputes, which will, subject to limited exceptions, require you to
submit claims you have against us to binding arbitration, unless you opt-out in
accordance with Section 22(d). Unless you opt-out of binding arbitration: (1)
you will only be permitted to pursue claims against us on an individual basis,
not as part of any class or representative action or proceeding and (2) you will
only be permitted to seek relief (including monetary, injunctive, and
declaratory relief) on an individual basis.
1. Acceptance Of These Terms Of Use By Users Of The Site. By using the Service
or clicking the "accept" button when you register to use the Service
through the Site or when you are otherwise prompted to do so, you agree to
be legally bound by the terms of these Terms of Use.
2. Acceptance Of These Terms Of Use By Other Users Of The Service. If you
create an account to use the Service other than through the Site, and if
you do not agree with or consent to the terms of these Terms of Use, you
will have thirty (30) days from the date you create the account with us to
cancel the account. If you decide that you want to cancel the account
within this thirty (30) day period, please contact our Customer Service
team using the information supplied through the "Contact Us" link on the
Site. If you cancel the account, we will provide you with a refund of any
fees you have paid and not used in connection with the Service.
3. Eligibility. The Service is intended for individuals who are at least
eighteen (18) years old. If you are not at least eighteen (18) years old,
please do not access, visit, or use the Service.
4. Your Privacy Rights. In connection with your access and/ or visiting the
Site and your use of the Service, please review the TouchPay Privacy Policy
("Privacy Statement") in order to understand how we use information we
collect from you when you access, visit or use the Service. The Privacy
Statement is part of and is governed by these Terms of Use and by accepting
the Terms of Use, you agree to be legally bound by the terms of the Privacy
Statement and agree that we may use information collected from you in
accordance with the Privacy Statement.
5. Registration. As a condition of using certain features of the Service, you
may be required to register through the Site and select a password and user
I.D. You may not: (1) select or use as a user I.D. a name of another person
with the intent to impersonate that person; (2) use as a user I.D. a name
subject to any rights of a person other than you without appropriate
authorization; or (3) use as a user I.D. a name that is otherwise
offensive, vulgar, or obscene. We reserve the right to refuse registration
of, or to cancel a user I.D., in our sole discretion. You shall be
responsible for maintaining the confidentiality of your user I.D. and
password. You are responsible for immediately notifying us if your user
I.D. and password are compromised. Unless notified, we are entitled to
assume any instructions issued from your user I.D. are valid.
6. Identity Verification. As a condition of using certain features of the
Service, you may be required to provide a copy of a government issued form
of identification bearing your photograph, such as a driver's license or
passport, for the purpose of verifying your identity. By providing such
documentation, you agree that an image of this identification may be
provided to law enforcement or correctional staff.
7. Prohibited Activities. You may not access, visit, or use the Service for
any purpose other than the intended purpose for which we make it available
to you, in accordance with all applicable legal requirements including all
federal, state, and local laws and regulations (including correctional
facility policies) and these Terms of Use. We may prohibit certain
activities in connection with the Service in our discretion. You may not
facilitate or permit anyone else to, directly or indirectly, conduct the
following prohibited activities which include, without limitation:
a. Criminal or tortious activity, including child pornography, fraud,
trafficking in obscene material (including, but not limited to
controlled substances or humans), drug dealing, gambling, harassment,
stalking, spamming, copyright infringement, patent infringement, or
theft of trade secrets.
b. Advertising to, or solicitation of, any user to buy or sell any products
or services.
c. Transmitting chain letters or junk email to other users.
d. Using any information obtained from the Service in order to contact,
advertise to solicit or sell any products or services to any user
without their prior explicit consent.
e. Engaging in any automated use of the Service, such as using scripts, web
crawlers, bots/robots, or scrapers, or manual equivalents, to send
comments or messages or for any other purpose.
f. Interfering with, disrupting, or creating an undue burden on the Service
or the networks or services connected to the Service.
g. Attempting to impersonate, or impersonating any person, another user or
entity, misrepresenting yourself, or using another user's account
without the user's explicit consent and permission.
h. Using the user I.D. or account of another user.
i. Using any information obtained from the Service in order to harass,
abuse or harm another person.
j. Accepting payment or anything of value from any person and/or
third-party entity in exchange for your performance of any commercial
activity on or through the Service on behalf of that person and/or
third-party entity.
k. Using the Service in a manner inconsistent with any and all applicable
laws and regulations.
l. Decompiling, disassembling, modifying, translating, adapting, reverse
engineering, or creating derivative based on, the Service, or any
portion thereof.
If ViaPath determines that you may have violated these Terms of Use, it may
report the matter to law enforcement and correctional facility
administrators, and/or refuse or restrict your access to all or any portion
of the Services.
8. Management Of The Service. You acknowledge that we reserve the right, but
have no obligation, to (1) take appropriate action against anyone who, in
our sole determination, violates these Terms of Use, or whom we suspect is
using the Service to violate the law or rules of conduct of any of our
customers, including, without limitation, reporting you to law enforcement
authorities, (2) in our sole discretion and without limitation, refuse,
restrict access to or availability of, or disable all or a portion of the
Service, and (3) otherwise manage the Service in a manner designed to
protect the rights and property of the Company, our customers, and users of
the Service and to facilitate the proper functioning of the Service.
9. Monitoring Communication, Including, Calls And Video Visits Made And
Electronic Messages Sent Through The Service. You acknowledge and agree
that we may, law enforcement agencies may, and correctional facilities,
including, the correctional facility where an individual is incarcerated
may, monitor, record and store calls and video visits, and read electronic
messages (including emails) and view photographs sent using the Service, in
accordance with the policies in place at the correctional facility where an
individual is incarcerated. We may also obtain the location of the phone
you are using when you use the Service for purposes of ensuring accurate
billing practices. By accepting these Terms of Use, you authorize us and
the applicable correctional facility, to monitor, record and store all
communication made using the Service, including monitor, record and store
calls and video visits you make through the Service and to read electronic
messages (including emails) and view photographs you send through the
Service in accordance with the policies in place at the applicable
correctional facility.
10. Use Of The Service. The Service and its contents and the trademarks,
service marks and logos contained on the Service, are the intellectual
property of the Company or its licensors and constitute copyrights and
other intellectual property rights of the Company or its licensors under
U.S. and foreign laws and international conventions. The Service and its
contents are provided for your informational, personal, non-commercial use
only and may not be used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any other
purpose whatsoever without the expressed written consent of the Company.
You agree not to engage in the use, copying or distribution of the Service
or of any of its contents for any commercial purpose. You agree not to
circumvent, disable, or otherwise interfere with security related features
of the Service. We may, but are not obligated to, periodically provide
updates to the Service to resolve bugs or add features and functionality.
You do not acquire any ownership rights to the Service or to any contents
contained on the Service. All rights not expressly granted in these Terms
of Use are reserved by the Company. You are solely responsible for your
interactions with other users of the Service.
11. Termination Of Your Use Of The Service. We may suspend or terminate your
use of the Service if you violate these Terms of Use or in our discretion.
We may also impose limits on or restrict your access to parts or all of the
Service without notice or liability.
12. Charges For The Service. Fees will apply to your use of certain features of
the Service, including any calls that are made through the Service. The
fees and charges may vary based on, among other things, the correctional
facility where an individual is incarcerated. We reserve the right to
change the fees charged periodically, in our discretion.
13. Advance Pay Accounts Inactivity/Refund Policy. * ^^ AdvancePay accounts
will become inactive after 180 days of non-use or activity.
* Refunds — Refunds are available on request, while an account is in active
status only, Request can be made online or by phone to ViaPath's Customer
Service Center.
* For AdvancePay Accounts used for calls from/to incarcerated individuals
in a California state prison or youth residential placement or detention
center operated by the Department of Corrections and Rehabilitation,
effective January 1, 2023 and pursuant to the Keep Families Connected
Act, all calls placed by incarcerated individuals to friends and family
members will be at zero costs to the incarcerated individual and their
friend and/or family member. Note: This provision does not apply to
Department of Homeland Security Immigration and Customs Enforcement
facilities and individuals detained at these facilities.
* In keeping with Minn. Stat. §241.252 Sec. 11 (2022), the restrictions in
these Terms of Use do not apply to AdvancePay Accounts in Minnesota. For
details, see Minnesota Revised Tariff No. 2,
https://www.cards.commerce.state.mn.us/security/search.do?documentId={703CA088-0000-CB16-B20B-23024E706B5A},
which provides that “Calls originating from Correctional Institutions
managed by the Minnesota Department of Corrections - effective July 1,
2023, there is no charge to the individual initiating the communication
or to the individual receiving the communication.”
* In all instances where the applicable law, regulation or tariff may limit
the ability of a provider to refund monies after a prescribed period of
inactivity, ViaPath's policy shall be limited to compliance with the
applicable law, regulation, or tariff, including, but not limited to, the
states of Alabama and Iowa.
14. Submissions. If you submit opinions, suggestions, feedback, images,
documents, and/or proposals to us through the Service, or through any other
communication with us, you acknowledge and agree that: (1) the submissions
you provide will not contain confidential or proprietary information; (2)
we are not under any obligation of confidentiality, expressed or implied,
with respect to the submissions you provide; (3) we shall be entitled to
use or disclose (or choose not to use or disclose) the submissions you
provide for any purpose, in any way, in any media worldwide; (4) the
submissions you provide will automatically become the property of the
Company without any obligation of the Company to you; and (5) you are not
entitled to any compensation or reimbursement of any kind from the Company
in connection with your submissions under any circumstances.
15. Links To Third-Party Applications And Other Websites. The Service may
contain links to third-party applications (“apps”) and websites, resources,
or data. You acknowledge and agree that the Company is not responsible or
liable for: (1) the availability or accuracy of these third-party apps and
websites, resources, or data; or (2) the content, products, or services on
or available from these third-party apps and websites, resources, or data.
You also acknowledge that you are solely responsible for, and assume all
risk arising from, the use of any of these third-party apps and websites,
resources, and data. Links to third-party apps and websites on the Service
are not intended as endorsements or referrals by the Company of any
products, services or information contained on the applicable apps and
websites. These Terms of Use do not apply to third-party apps and websites,
including the content of and your activity on those apps and websites. You
should review third-party apps and websites' terms of service, privacy
policies and all other application and website documents, to inform
yourself of the regulations, policies, and practices of third-party apps
and websites.
16. disclaimer of warranties. to the fullest extent permitted by applicable
law, the information contained in and provided through the service,
including text, graphics, links, or other items, is provided "as is".
neither the company nor its suppliers warrant the accuracy, adequacy,
completeness or timeliness of the information, materials, products, and
services accessed on or through the service and the company expressly
disclaims liability for errors or omissions in the information or materials
accessed on or through the service. no warranty of any kind, whether
implied or expressed, including but not limited to the warranties of
non-infringement, title, merchantability, fitness for a particular purpose,
and freedom from computer virus, is given in conjunction with any
information, materials, or services provided through the service.
17. limitation of liability. to the fullest extent permitted by applicable law,
in no event shall the company or its third-party suppliers be liable for
any damages, losses or liabilities including, without limitation, direct or
indirect, punitive, incidental, special, consequential or other damages,
losses or expenses, including any lost profits, lost data, or lost savings,
whether based on breach of contract, breach of warranty, tort, or any other
legal theory, arising out of or in any way connected with the use of the
service or reliance on or use or inability to use the information,
materials or services provided through the service, or in connection with
any failure of performance, error, omission, interruption, defect, delay or
degradation in operation or transmission, computer virus or line or system
failure, even if the company or its third-party suppliers are advised of
the possibility of such damages, losses, or expenses.
18. Notice To New Jersey Users. Notwithstanding any terms set forth in these
Terms of Use, if any of the provisions set forth in Sections 16, 17,
21and/or 22 are held unenforceable, void, or inapplicable under New Jersey
law, then any such provision shall not apply to you, but the rest of these
Terms of Use shall remain binding on you and the Company. In addition, for
New Jersey residents, the limitation on liability is inapplicable where
attorneys' fees, court costs, or other damages are mandated by statute.
Notwithstanding any provision in these Terms of Use, nothing in these Terms
of Use is intended to, nor shall it be deemed or construed to, limit any
rights available to you under the Truth-in-Consumer Contract, Warranty and
Notice Act.
19. Notice To California Users. Under California Civil Code Section 1789.3,
users located in California are entitled to the following consumer rights
notice: We are located at 3120 Fairview Park Drive, Suite 300, Falls
Church, Virginia 22042. If you have a question or complaint regarding the
Service, please contact us by email or by toll free telephone number using
the information supplied through the "Contact Us" link on the Site.
California residents may also reach the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer
Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA
95834, or by telephone at (916) 445-1254 or (800) 952-5210.
20. Unauthorized Transactions. In the event that you use a credit card to pay
for any products or services offered through the Site, you are representing
to the Company that you are authorized to use that credit card. 21.
Indemnification. You agree to defend, indemnify and hold the Company
harmless from and against any and all claims, damages, and costs including
attorneys' fees, arising from or related to your use of the Service. You
will not be required to indemnify and hold the Company harmless from and
against any claims, liabilities, damages, losses, or expenses resulting
from the Company's own negligent conduct.
21. Dispute Resolution And Arbitration Agreement. Please Read This Following
Clause Carefully — It May Significantly Affect Your Legal Rights, Including
Your Right to File a Lawsuit in Court
22. a. Arbitration. The parties, which means you and the Company, shall use
their best efforts to settle any dispute, claim, question, or
disagreement directly through consultation and good faith negotiations
which shall be a precondition to either party initiating a lawsuit or
arbitration. All claims arising out of or relating to these Terms of Use
(including its formation, notice of performance and breach) and the
Service shall be finally settled by binding arbitration, excluding any
rules or procedures governing or permitting class actions. The
arbitrator, and not any federal, state, or local court or agency, shall
have exclusive authority to resolve all disputes arising out of or
relating to the interpretation, applicability, enforceability, or
formation of these Terms of Use, including, but not limited to any claim
that all or any part of these Terms of Use is void or voidable. The
arbitrator shall be empowered to grant whatever relief would be
available in a court under law or in equity. The arbitrator's award
shall be binding on the parties and may be entered as a judgment in any
court of competent jurisdiction. To the extent the filing fee for the
arbitration exceeds the cost of filing a lawsuit, we will pay the
additional cost. The interpretation and enforcement of these Terms of
Use shall be subject to the Federal Arbitration Act. The parties
understand that, absent this mandatory provision, they would have the
right to sue in court and have a jury trial. They further understand
that, in some instances, the costs of arbitration could exceed the costs
of litigation and the right to discovery may be more limited in
arbitration than in court.
b. Class Action Waiver. The parties, which means you and the Company,
further agree that any arbitration shall be conducted in their
individual capacities only and not as a class action or other
representative action, and the parties expressly waive their right to
file a class action or seek relief on a class basis. If any court or
arbitrator determines that the class action waiver set forth in this
paragraph is void or unenforceable for any reason or that an arbitration
can proceed on a class basis, then the arbitration provision set forth
above shall be deemed null and void in its entirety and the parties
shall be deemed to have not agreed to arbitrate disputes.
c. Exception - Litigation of Small Claims Court Claims. Notwithstanding the
parties' decision to resolve all disputes through arbitration, either
party, you or the Company, may also seek relief in a small claims court
for disputes or claims within the scope of that court's jurisdiction.
d. Thirty Day Right to Opt-Out. You have the right to opt-out and not be
legally bound by the arbitration and class action waiver provisions set
forth this Section by sending written notice of your decision to opt-out
to the following address: c/o Global Tel*Link Corporation d/b/a ViaPath
Technologies, 3120 Fairview Park Drive, Suite 300, Falls Church,
Virginia 22042, Attn: Arbitration Opt-Out. The notice must be sent
within thirty (30) days of the date you have agreed to Terms of Use;
otherwise, you shall be legally bound to arbitrate disputes in
accordance with the terms set forth above. If you elect to opt-out of
these arbitration provisions, we also will not be legally bound by them.
In addition, if you elect to opt-out of these arbitration provisions, we
may terminate your use of the Service. If we terminate your use of the
Service, we will provide you with a refund of any fees you have paid and
have not been used in connection with the Service.
23. Amendments. These Terms of Use may be amended by the Company from time to
time. We will post any material changes to these Terms of Use on the Site
with a notice advising of changes. You may cancel your account within
thirty (30) days following the date the amended Terms of Use are posted by
contacting us using the contact information in Section 30 below. If you
choose to cancel your account within this thirty (30) day period, you will
not be legally bound by the terms of the revised Terms of Use but will
remain legally bound by terms of these Terms of Use, and we will provide
you with a refund of any fees that you have paid and that have not been
used in connection with the Service.
24. No Oral Modifications. Employees of the Company are not authorized to
modify these Terms of Use, either verbally or in writing. If any employee
of the Company offers to modify these Terms of Use, he or she is not acting
as an agent for the Company or speaking on our behalf. You may not rely,
and should not act in reliance on, any statement or communication from an
employee of the Company or anyone else purporting to act on our behalf.
25. No Third-Party Beneficiaries. These Terms of Use are between you and the
Company. There are no third-party beneficiaries. All payments associated
with transactions that classify as money transmission are held in a
custodial capacity by TouchPay Holdings, LLC, a wholly-owned subsidiary of
ViaPath, as an agent of its customers.
26. Independent Contractors. No agency, partnership, joint venture, or
employment is created as a result of these Terms of Use, and you do not
have any authority of any kind to bind the Company in any respect
whatsoever.
27. Non-Waiver. The failure of either party to exercise in any respect any
right provided for herein shall not be deemed a waiver of any further
rights hereunder.
28. Force Majeure. The Company shall not be liable for any failure to perform
its obligations hereunder where the failure results from any cause beyond
the Company's reasonable control, including, without limitation, any
mechanical, electronic or communications failure or degradation.
29. Severability. If any provision of these Terms of Use is found to be
unenforceable or invalid (other than the class action waiver in Section
22), that provision shall be limited or eliminated to the minimum extent
necessary so that these Terms of Use shall otherwise remain in full force
and effect and enforceable.
30. Contact Us. If you have any questions about these Terms of Use, you may
contact us by email at termsofuse@viapath.com or by postal mail at c/o
Global Tel*Link Corporation, d/b/a ViaPath Technologies, 3120 Fairview Park
Drive, Suite 300, Falls Church, Virginia 22042, Attn: Legal Department. If
you have any questions regarding the Service or your account, or if you
would like to cancel your account, please contact our Customer Service team
using the information supplied through the "Contact Us" link on the Site.
31. Assignment. These Terms of Use are not assignable, transferable, or
sublicensable by you except with our prior expressed written consent. We
may transfer, assign, or delegate these Terms of Use and our related rights
and obligations without obtaining your consent.
Close
PRIVACY STATEMENT
EFFECTIVE DATE: DECEMBER 20, 2023
1. Overview and Scope
Your privacy is important to us. This Global Tel*Link Corporation d/b/a
ViaPath Technologies (“ViaPath”) Privacy Statement (the "Privacy
Statement") applies to the personal information that ViaPath or one of our
Affiliates collects and explains our information practices and your related
choices with regard to such information.
ViaPath affiliates include, but are not limited to, TouchPay Holdings, LLC
d/b/a GTL Financial Services, DSI-ITI, Inc., Innertainment Delivery
Systems, LLC d/b/a ViaPath Technologies, Public Communications Services,
Inc. d/b/a ViaPath Technologies (“ViaPath”), Renovo Software, Inc. d/b/a
ViaPath Technologies, and Value-Added Communications, Inc. d/b/a ViaPath
Technologies (individually “Affiliate” and collectively “Affiliates”).
Products and services provided by ViaPath or any Affiliate will be referred
to in this Privacy Statement as the “Service” or “Services”. This Privacy
Statement is part of, and is governed by our Terms of Use. For purposes of
this Privacy Statement, “we”, “us” or “our” refers to ViaPath and any
Affiliate where the Affiliate or its products or services are implicated.
TouchPay Holdings, LLC d/b/a GTL Financial Services (“TouchPay”), a
subsidiary of Global Tel*Link Corporation d/b/a ViaPath Technologies is the
owner and operator of websites www.viapath.com, www.touchpayonline.com,
www.connectnetwork.com, www.gettingout.com, and www.tpgovtpay.com (the
“Site” or “Sites”).
It is our policy to use the information we collect about you from the
Service in a manner that is consistent with this Privacy Statement.
Accordingly, this Privacy Statement advises you about the types of
information we collect when you use the Service and how we may use that
information.
If you are a resident of California, Colorado, Connecticut, Utah, or
Virginia please see the section below titled, “Additional Privacy
Information for Certain Jurisdictions,” which includes additional
information about privacy rights you may have under your state’s privacy
law.
Not in scope. This Privacy Statement does not apply to the personal
information that we collect about employees, contractors and other
personnel related to their working relationship with us, or the personal
information that we collect about applicants and candidates for a position
with ViaPath. This Privacy Statement does not apply to publicly available
information. We may also collect, generate, use and disclose aggregate,
anonymous, and other non-identifiable data related to our Services, which
is not personal information subject to this Privacy Statement.
2. Terms of Use
This Privacy Statement is applicable as of the Effective Date posted above.
This Privacy Statement is part of, and is governed by our Terms of Use. All
capitalized terms that are used but not otherwise defined in this Privacy
Statement have the definitions assigned to them in the Terms of Use.
3. Contacting ViaPath
If you have any questions about the Privacy Statement or our use of the
information we collect from you in connection with the Service, you may
contact us by email at privacy@viapath.com or by postal mail at c/o Global
Tel*Link Corporation d/b/a ViaPath Technologies, 3120 Fairview Park Drive,
Suite 300, Falls Church, VA 22042, Attn: Legal Department. If you have any
questions regarding the Service or your account, or if you would like to
cancel your account, please contact our Customer Service team using the
information supplied through the “Contact Us” link on our website.
4. Correcting/Updating Your Information
If your name, email address, mailing address, telephone number, or other
contact information that you provide to us changes, you may update, correct
or omit the relevant information by contacting our Customer Service team
through the “Contact Us” link on our website.
5. Service/Site Age Limits
Must be over 18
The Service is not intended for visitors that are under eighteen (18) years
of age. We do not knowingly solicit or collect information from individuals
who are not at least eighteen (18) years old.
Not Available for Use by Children
We regret that the Service is not available to children under the age of
thirteen (13). We will never knowingly collect contact information from
children under the age of thirteen (13) without verifiable parental
consent. If you are under the age of thirteen (13), please do not provide
us with information of any kind whatsoever. If we become aware that a user
is under the age of thirteen (13) and has submitted information to the Site
without verifiable parental consent, we will remove his or her information
from our files. We understand that children may not fully understand all of
the provisions of this Privacy Statement or make informed decisions about
the choices that are made available to adult users of the Site. We
encourage parents and guardians to spend time with their children online
and to be familiar with the websites they visit. If you are a parent or
legal guardian and think that your child under 13 has given us their
personal information you can email us at privacy@viapath.com and request
this information be deleted. Please mark your request “Children’s Privacy
Request.”
6. Information We Collect
Usage and Activity Information
When you visit or use our Site we send one or more “cookies” or “web
beacons” to your computer or other device. A cookie is a small file
containing a string of characters that is sent to your computer or other
device when you visit a website. When you visit the website again, the
cookie allows that site to recognize your browser. We use cookies to
improve the quality of our service, including for storing user preferences.
By clicking the “Accept” button when our cookie message displays, you agree
to be bound by the terms of this Privacy Statement. Web beacons are web
page elements that can recognize certain types of information on your
computer or mobile device such as cookies and the time and date of a page
viewed.
Information that may be collected by cookies and web beacons when you use
the Site may include, without limitation:
* the pages you visit within the Site;
* the date and time of your visit to the Site;
* the amount of time you spend using the Site;
* the websites you visit before or after visiting the Site;
* the Internet Protocol (IP) address used to connect your computer or
mobile device to the Internet;
* geolocation information;
* your computer or mobile device and connection information such as your
browser type and version, operating system and platform; and/or
* your purchase history.
You may be able to set your browser to reject cookies or to notify you when
you are sent a cookie. You can also purchase and download software that
will allow you to use the Service without providing the information
gathered by cookies. You are welcome to use the Service if you use this
type of software, but your experience while visiting the Service may not be
optimal.
If you create an account to use the Service other than through the Site
(such as through our Customer Service Representatives), and if you do not
agree with or consent to the terms of this Privacy Statement, you will have
thirty (30) days from the date you create the account with us to cancel the
account. If you decide that you want to cancel the account within this
thirty (30) day period, please contact our Customer Service team using the
information supplied through the “Contact Us” link on the Site. If you
cancel your account within the applicable thirty (30) day period, we will
provide you with a refund of any fees you have paid and have not used in
connection with the Service at the time of cancellation.
Identifiers/Contact Information
We may collect information from you that can be used to personally identify
and/or contact you. Contact information collected through the Service may
include your name, telephone number, physical address, mailing address,
billing address, or email address. In addition to contact information, we
may collect other personal information from you that may be associated with
your contact information, such as your birth date and your username and
password. If you are using our Services to make payments, we are required
to collect additional identification information, such as your driver’s
license number and the last four numbers of your social security number.
Payment Information
If you are using our services to make payments or to purchase products or
services, we are required to collect certain financial information such as
your credit card or other payment card information,, the type of payment
you are making, or information related to the purpose of the payment. We
may need to run background checks on anyone involved in the transaction to
satisfy our legal requirements.
Voice, Image, and Recording
When you use our Services to communicate with an incarcerated individual,
ViaPath records and stores the communication, which may include your image
and/or voice. By using the Services, you are expressly providing consent
for ViaPath to collect your voice and image and to use them as described in
this Privacy Statement and in accordance with the Terms of Use. ViaPath may
also collect a copy of a government issued form of identification bearing
your photograph.
Social Media
If you choose to connect your social media account to our Facebook and
other social media outlets, certain personal information from your social
media account will be shared with us, which may include personal
information that is part of your profile or your friends’ profiles. You may
revoke your consent to have the social media platform share information
with us by changing your settings within such platform.
Information About Incarcerated Individuals
If you are a friend or family member of an incarcerated individual, we may
also collect information from you about the identity of incarcerated
individual(s) receiving funds from you, or who you communicate with,
through the Service. If you provide this information, you represent and
warrant that you have all necessary rights and authority to provide
information about the applicable incarcerated individual(s) in connection
with the Service and agree that you shall be solely liable in connection
with your disclosure of any information regarding incarcerated
individual(s) in connection with the Service.
Communication and Correspondence
If you send any personal communication or correspondence, by any means, to
the Service, or to any of our employees, agents or representatives, the
Service may collect additional information regarding that communication and
include that information in our customer database.
Location Information
* Mobile Applications
In addition, if you access the Service through one of our mobile
applications, we may also be able to identify the location of your mobile
device. You may choose not to share your location details with us by
adjusting your mobile device’s location services settings, or otherwise
declining to provide access to your location when prompted to do so. For
instructions on changing the relevant settings, please contact your service
provider or mobile device manufacturer. If you choose not to share your
location details with us, you may be denied access to the mobile
application.
* When You Receive a Phone Call through the Service
We collect the location of the phone you are using when you use the Service
to help ensure accurate billing practices as well as for correctional
facilities’ safety, security and investigative purposes.
You will be advised through a prompt on calls placed from an incarcerated
individual at a correctional facility to the phone you are using when you
use the Service that your phone location information will be obtained. By
accepting the call, you agree to have your phone location obtained for 60
minutes after you accept the call. Your location will not be obtained if
you do not accept the call. The location information collected in
connection with each call will only be stored for one year from the date of
the call and then deleted from our records. If you would like to opt out of
having your phone location information obtained for any time remaining
between when you terminate your call with the incarcerated individual and
the above referenced 60 minute period, please call 1-800-483-8314.
Cellular Provider Information
The Service is not a Cellular Provider application. If you use the Service,
it may require your Cellular Provider to disclose your customer
information, including mobile phone location information, to us or some
other third party. By providing your consent through the opt-in process
described below, you authorize your Cellular Provider to disclose your
information to us and to third parties to enable the Service. Please review
this Privacy Statement and our Terms of Use for more information about how
the Service will collect, access, use or disclose your information. If you
aren’t comfortable with the terms of this Privacy Statement or our Terms of
Use, you should not use the Service. You acknowledge and agree that (1)
your relationship with us is separate from your relationship with your
Cellular Provider; (2) your Cellular Provider is not responsible for the
Service; and (3) you will hold harmless your Cellular Provider and its
subsidiaries, affiliates, officers, employees, agents, successors and
assigns from any judgments, claims, actions, losses, liabilities or
expenses arising from or attributable to the Service or our acts or
omissions.
Information Collected and Used by Third Parties
If you visit the Site from a third-party website the third-party website
may give you a unique code, cookie or graphic which will uniquely identify
you. This will only happen if you link directly from a third-party website
to the Site. Your activities on the Site while this type of code is active
may be reported back to the third-party website. The presence of a
third-party navigation bar at the top of any page on the Site is an
indication that the third-party website may be able to see your activity on
the Site.
The Site may also include third-party advertising, links to other websites,
and other content from third-party businesses. These third-party sites,
businesses, and advertisers, may use web beacons and cookies to measure the
effectiveness of their ads, personalize or optimize advertising content and
to track users who click on the links made available through the Site.
These third-parties may use persistent identifiers to track the actions of
users online over time and across different websites or platforms to
deliver targeted electronic advertisements to an individual user. We do not
have access to or control over web beacons, cookies or persistent
identifiers that these third parties may use. We are not responsible for
the privacy practices or the content of these third-party websites. You are
encouraged to review the privacy policies of the different websites you
visit. For information about how tracking works for online advertising
purposes you can visit http://www.aboutads.info/choices.
Some third-party advertising companies may provide a mechanism to opt-out
of their technology. For more information about the opt-out process, you
may visit the Network Advertising Initiative website, available at
http://www.networkadvertising.org/managing/opt_out.asp.
We may also use analytics software service providers to gather and analyze
anonymous information about users of the Site. These service providers may
use cookies to collect information about your purchase history, the content
you view, what websites you visit immediately prior to and after visiting
the Site, and your system information. The information gathered by these
service providers about your use of the Site may be transmitted to and
stored by these service providers. If we use these service providers, the
information collected about you by these service providers would allow us
to analyze your use of the Site and the Service. The Site uses Google
Analytics, including its Demographics and Interests Reports feature, which
in addition to the types of information described above, provides a
breakdown of visitors to the Site on an anonymous aggregate basis by age
group, gender and interests. To learn more about how Google Analytics
collects and uses information, and how you can control information sent to
Google you can visit https://policies.google.com/privacy.
Aggregate Information
We may share information relating to users of the Service with affiliated
or unaffiliated third parties on an anonymous, aggregate basis. While this
information will not identify you personally, in some instances these third
parties may be able to combine this aggregate information with other data
they have about you, or that they receive from third parties, in a manner
that allows them to identify you personally.
7. Purposes For Which We Collect, Use, and Process Your Personal Information
We may use information described above for any of the following purposes:
* to provide you with the service
* to manage and service your account;
* to contact you when necessary about your account or your use of our
services;
* to comply with regulatory requirements for the maintenance of records;
* to send you by mail, phone, text or email, information and promotional
materials about our products and services as well as our company in
general;
* to send you by mail, phone, text or email, information and promotional
materials from our marketing partners and other third parties;
* for purposes of targeted advertising;
* to send you marketing and other emails;
* to help diagnose problems with our server;
* to administer our Site;
* to conduct internal reviews of our Service;
* to help us better understand how users access and use or Sites and
Services, and for other research and analytical purposes, such as to
understand customer and market needs, evaluate and improve our Services
and business operations, and to develop services and features;
* to carry out our obligations and enforce our rights arising from any
contracts entered into and between us and a correctional facility, or
controlling entity, where an individual that you may communicate with is
detained;
* to respond to law enforcement requests and as required by applicable law,
court order, or governmental regulations;
* to verify your identity;
* to protect the security or integrity of our Service; and
* for any other business or marketing purposes that are not inconsistent
with the terms of this Privacy Statement; and
* for purposes not provided for in this privacy policy, but if we do, we
will notify you (and, if necessary, obtain your consent) before using
your personal information in this way
We may also combine information we collect about you through the Service
with other information about you that we receive from third party sources.
By way of example and not limitation, we may use a change of address or
other list service to ensure that our records for your account are
accurate.
Description of Customer Proprietary Network Information (“CPNI”)
CPNI is proprietary information about you that includes (1) information on
the quantity, technical configuration, type, destination, location, and
amount of your use of ViaPath telecommunications services, that you make
available to ViaPath solely by virtue of the carrier-customer relationship;
and (2) information contained in the bills you receive concerning your
telecommunications service. It does not include (1) your name, address, or
phone number; (2) aggregated customer information that does not identify
specific individuals; or (3) information about non-telecommunications
service, such as Internet access. Under the CPNI rules adopted by the
Federal Communications Commission (“FCC”), you have the right, and ViaPath
has the duty, to protect the confidentiality of CPNI.
ViaPath’s Use of CPNI
Under FCC rules, ViaPath may use your CPNI without your prior approval for
certain purposes. Specifically, ViaPath may use, disclose, or permit access
to your CPNI without your consent, either directly or through its agents,
for the purpose of (1) initiating, rendering, billing, and collecting for
ViaPath Service; (2) protecting ViaPath’s right or property, or protecting
ViaPath users and other telecommunications carriers from fraudulent,
abusive, or unlawful use of, or subscription to, ViaPath services; (3)
maintenance and repair; and (4) complying with the orders or subpoenas of a
court of competent jurisdiction. Other uses require your approval, as
described below.
Required Customer Approval
As a leader in the corrections industry, ViaPath is continually developing
new innovations in the fields of technology, education, and intelligence.
From time to time, ViaPath may use and share your individually identifiable
CPNI among its affiliates and agents to inform you about
communications-related products and services or special promotions. Use of
your individually identifiable CPNI enhances ViaPath’s ability to offer
products and services that are tailored to your needs.
You have 30 days from the date of this notice to inform us (see “Contacting
ViaPath” above) if you do not wish ViaPath to use your individually
identifiable CPNI for this purpose. If you do not so inform us, ViaPath will
assume you consent to this use of your individually identifiable CPNI.
At any time after this 30-day period has elapsed, however, you have the
right to disapprove this use, and limit or revoke access to your
individually identifiable CPNI by contacting ViaPath. A denial of approval
will not affect ViaPath’s provision of services to you. Your approval or
denial of ViaPath’s use of your individually identifiable CPNI is valid
until you affirmatively revoke or limit that approval or denial. ViaPath
will never disclose your individually identifiable CPNI to unaffiliated
third parties without your express, opt-in consent.
8. How We Share Your Information
We may share the information we collect in connection with the Service with
the following recipients:
Correctional Facilities and Law Enforcement
We may share contact information you provide, or location information we
collect from your computer or mobile device, with correctional facilities
or other law enforcement personnel upon their request. We may also share
information concerning any payment transaction completed through the
Service including, without limitation, your image as captured when you use
a payment services kiosk and the identities of the parties contributing and
receiving payment under the transaction and the amount of the payment, with
correctional facilities or other law enforcement personnel upon their
request. Because safety and security are ViaPath’s top priority, you may
not opt out of the sharing of your communications with Law Enforcement, and
all data associated with your communications. If you do not consent to the
collection, use and disclosure of this type of data, please do not use the
sites or services.
Service Providers
We may share your information with our service providers, vendors,
suppliers and other services providers who provide services to us or on our
behalf, such as operating and supporting the Service, analyzing data,
performing marketing or consulting services, assisting us with the
preparation and mailing of our business and marketing communications, and
with service processing and fulfillment functions. For example, we may
disclose your billing information to payment processors when you add money
to your account or conduct other financial transactions through the
Service.
Our Affiliates
We may share some or all of your information with our parent company,
subsidiaries and corporate affiliates, joint ventures, or other companies
under common control with us. We will require these entities to comply with
the terms of this Privacy Statement with regard to their use of your
information.
Transfer or Assignment in Connection with Business Transfers or Bankruptcy
In the event of a merger, acquisition, bankruptcy or other sale of all or a
portion of our assets, any user information owned or controlled by us may
be one of the assets transferred to third parties. We reserve the right, as
part of this type of transaction, to transfer or assign your information
and other information we have collected from users of the Service to third
parties. Other than to the extent ordered by a bankruptcy or other court,
the use and disclosure of all transferred user information will be subject
to this Privacy Statement. However, any information you submit or that is
collected after this type of transfer may be subject to a new privacy
policy adopted by the successor entity.
Government Agencies, Judicial and Quasi-Judicial Bodies, Regulators, and
Other Public Bodies and Third PartiesTo the extent permitted by law, we may
disclose your information to government agencies, judicial and
quasi-judicial bodies, regulators, other public bodies, or third parties
if: (a) required to do so by law, or in response to subpoenas, court
orders, and/or other lawful requests by regulators; (b) we believe in our
sole discretion that disclosure is reasonably necessary to protect against
fraud, to protect our property or other rights or those of other users of
the service, third parties or the public at large; or (c) we believe that
you have abused the Service by using it to attack other systems or to gain
unauthorized access to any other system, to engage in spamming or otherwise
to violate applicable laws or in violation of our Terms of Use. You should
be aware that, following disclosure to any third party, your information
may be accessible by others to the extent permitted or required by
applicable law.
9. Do Not Track Requests
Your Internet browser may allow you to adjust your browser settings so that
“do not track” requests are sent to the websites that you visit. However,
we will not disable tracking technology that may be active on the Site in
response to any “do not track” requests that we receive from your browser.
10. Do Not Sell
ViaPath does not sell personally identifying information about the users of
our Services to any third parties.
11. How We Protect Your Information
ViaPath complies with all required PCI standards
(https://www.pcisecuritystandards.org) regarding our treatment of payment
card data. Additionally, we have implemented commercially reasonable
measures designed to secure your personal information from unauthorized
access, use, alteration and disclosure. However, the transmission of
information via the internet is not completely secure. We cannot guarantee
the security of your personal information transmitted via our sites or
services. Any transmission of personal information is at your own risk. We
are not responsible for circumvention of any privacy settings or security
measures contained on the sites or services.
12. Security of Information
We seek to use industry standard physical, technical and administrative
security measures designed to protect your personally identifiable
information. However, no data transmission or storage system can be
guaranteed to be 100% secure. 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),
please immediately notify us in accordance with the “Contacting ViaPath”
section above.
Please note that emails you send to us through our Service are not
encrypted, and we strongly advise you not to communicate any confidential
information in your emails to us.
13. Use of Information Outside of Your Country of Residence
The sites and services are directed to users located in the United States.
If you are located outside of the United States and choose to use the sites
or services or provide your information to us, you should be aware that we
may transfer your information to the United States and process it there.
The privacy laws in the United States may not be as protective as those in
your jurisdiction. Your consent to this Privacy Statement followed by your
submission of information to us through the Site or in connection with the
services represents your agreement to the transfer of your information to
the United States.
14. Changes to this Privacy Statement
If we decide to change our Privacy Statement, we will post those changes to
the Privacy Statement on our homepage, and other places we deem appropriate
so that you are aware of what information we collect, how we use it, and
under what circumstances we disclose it. We reserve the right to modify
this Privacy Statement at any time, so please review it frequently. Any
changes to this Privacy Statement will become effective when we post the
revised Privacy Statement on our Services and Sites. Your use of the
Services and Sites following these changes means that you accept the
revised Privacy Statement.
15. Release
By accessing and using our website, equipment, and services, you hereby
release and forever discharge ViaPath, its Affiliates and employees,
contractors, agents, and all applicable Law Enforcement Officials and the
correctional facility from any and all liability, expense, cost or remedy
which may arise as a result of your use of our websites and services as
well as the use of the Data in the manner described herein.
16. Additional Privacy Information for Certain Jurisdictions
Residents of certain states have additional rights under applicable privacy
laws, as described in this section.
If you are a resident of California, please review Subsection 1. below for
additional information about your privacy rights under applicable
California privacy laws.
If you are a resident of Colorado, Connecticut, Utah, or Virginia please
review Subsection B below for additional information regarding each state’s
privacy law.
A. Additional Information for California Residents
Shine the Light
California Civil Code Section 1798.83, also known as the “Shine the Light”
law, permits our customers who are California residents to request and
obtain from us once a year, free of charge, information about the personal
information (if any) we disclosed to third parties for direct marketing
purposes in the preceding calendar year. If applicable, this information
would include a list of the categories of personal information that was
shared and the names and addresses of all third parties with which we shared
information in the immediately preceding calendar year. If you are a
California resident and would like to make this type of request, please
provide submit your request in writing to: privacy@viapath.com, or to c/o
Global Tel*Link Corporation d/b/a ViaPath Technologies, 3120 Fairview Park
Drive, Suite 300, Falls Church, VA 22042, Attn: Privacy.
California Consumer Privacy Act
The California Consumer Privacy Act (CCPA) provides California residents
with certain rights regarding their personal information (with some
exceptions). The rights that may be available to California residents, and
how to exercise such rights, are listed below.
California residents who provide us personal information in connection with
TouchPay services do not have the rights provided below, as the personal
information that we collect under those circumstances is exempt under the
CCPA.
Sales and Sharing of Personal Information. California privacy laws define a
"sale" as disclosing or making available to a third-party personal
information in exchange for monetary or other valuable consideration, and
“sharing” broadly includes disclosing or making available personal
information to a third party for purposes of cross-context behavioral
advertising. While we do not disclose personal information to third parties
in exchange for monetary compensation, we may “sell” or “share” (as defined
by the CCPA) internet and electronic network activity information to/with
third-party data analytic, marketing, and advertising partners. We do so in
order to improve and evaluate our advertising campaigns and better reach
customers and prospective customers with more relevant ads and content. We
do not sell or share sensitive personal information, nor do we sell or share
any personal information about individuals who we know are under sixteen
(16) years old.
California Residents’ Rights. Under the CCPA, California residents have the
following rights (subject to certain limitations):
* Opt out of sales and sharing: The right to opt-out of our sale and sharing
of their personal information.
* Limit uses and disclosure of sensitive personal information: the right to
limit our use or disclosure of sensitive personal information to those
authorized by the CCPA.
* Deletion: the right to the deletion of their personal information that we
have collected, subject to certain exceptions. Once we receive and confirm
your verifiable consumer request, we will delete (and direct our service
providers to delete) your personal information from our records, unless an
exception applies. We may deny your deletion request if retaining the
information is necessary for us or our service providers to:
* Complete the transaction for which we collected the personal
information, provide a good or service that you requested, take actions
reasonably anticipated within the context of our ongoing business
relationship with you, or otherwise perform our contract with you.
* Detect security incidents, protect against malicious, deceptive,
fraudulent, or illegal activity, or prosecute those responsible for such
activities.
* Debug products to identify and repair errors that impair existing
intended functionality.
* Exercise free speech ensure the right of another consumer to exercise
their free speech rights, or exercise another right provided for by law.
* Comply with the California Electronic Communications Privacy Act (Cal.
Penal Code 1546 seq.).
* Engage in public or peer-reviewed scientific, historical, or statistical
research in the public interest that adheres to all other applicable
ethics and privacy laws, when the information’s deletion may likely
render impossible or seriously impair the research’s achievement, if you
previously provided informed consent.
* Enable solely internal uses that are reasonably aligned with consumer
expectations based on your relationship with us.
* Comply with a legal obligation.
* Make other internal and lawful uses of that information that are
compatible with the context in which you provided it.
* To know/access. The right to know what personal information we have
collected about them, including the categories of personal information,
the categories of sources from which the personal information is
collected, the business or commercial purpose for collecting, selling, or
sharing personal information, the categories of third parties to whom we
disclose personal information, and the specific pieces of personal
information we have collected about them.
* Correction. The right to correct inaccurate personal information that we
maintain about them.
* Non-discrimination. The right not to be subject to discriminatory
treatment for exercising their rights under the CCPA.
Submitting CCPA Requests
California residents may submit a CCPA request to know/access, delete, and
correct their personal information through one of the following methods:
* Logging into your account on one of our sites (a link to an Exercise Your
Privacy Rights form will display on the site’s dashboard).
* Calling us by phone (toll-free) at:
* ConnectNetwork Customer Service: 877-650-4249
* GettingOut Customer Service: 866-516-0115
* VisManager Customer Service: 855-208-7349
* TouchPay Customer Service: 866-204-1603
Only you or a person (including a person registered with the California
Secretary of State) that you have authorized in writing to act on your
behalf, may make a verifiable consumer request related to your personal
information. If you are using an authorized agent to make a request on your
behalf we have the right to require that you confirm with us that you have
provided your permission for the authorized agent to make such a request.
You may only make a verifiable consumer request for access or data
portability twice within a 12-month period. The verifiable consumer request
must:
* Provide sufficient information that allows us to reasonably verify you are
the person about whom we collected personal information or an authorized
representative. This information includes your first and last name, email
address (and a verification sent to your email address), your account
number, and your billing address. If we are unable to verify your identity
using this information we may ask for additional verification information.
* Describe your request with sufficient detail that allows us to properly
understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information
if we cannot verify your identity or authority to make the request and
confirm the personal information relates to you.
Response Timing
We endeavor to respond to a verifiable consumer request within 45 days of
its receipt. If we require more time, we will inform you of the reason and
extension period in writing.
B. Additional Information for Residents of Colorado, Connecticut, Utah, and
Virginia
Residents of certain U.S. states, including Colorado, Connecticut, Utah, and
Virginia have the right to receive certain disclosures regarding a business’
processing of “personal data,” as defined under applicable privacy laws.
Residents of these states may have certain rights with respect to our
processing of such personal data. To the extent you are a resident of
Colorado, Connecticut, Utah, and Virginia and we collect, use or disclose
personal data subject to your state’s privacy law, the following applies.
For more information about the personal data we collect, use and disclose,
please see “Information We Collect,” “Purposes For Which We Collect, Use,
and Process Your Personal Information,” and “How We Share Your Information”
sections above.
TouchPay Exemption: Residents of Colorado, Connecticut, Utah, and Virginia
who provide us personal information in connection with their use of TouchPay
services do not have the rights provided below, as TouchPay is exempt under
each state’s privacy law as a financial institution.
Your Privacy Rights
* Right to access. You have the right to confirm whether or not we are
processing your personal data and to access such personal data.
* Right of portability. You may have the right to obtain a copy of the
personal data that you previously provided to us in a portable and, to the
extent technically feasible, readily usable format that allows you to
transmit your personal data to another controller or business where the
processing is carried out by automated means.
* Right to delete. You have the right to ask us to delete certain personal
data we have collected about you.
* Right to correction. You have the right to ask us to correct inaccuracies
in the personal data we have collected.
* Right to opt out. You have the right to opt out of certain types of
processing, including:
* To opt out of the “sale” of your personal information (as defined under
applicable privacy laws).
* To opt out of targeted advertising by us. (To opt out of targeted
marketing, please see our Notice of Right to Opt-Out section below.)
* To opt out of any processing of personal information for purposes of
making decisions that produce legal or similarly significant effects. We
do not process personal data for such profiling; thus, this right is not
available.
Submitting Privacy Requests
If you are a resident of Colorado, Connecticut, Utah, or Virginia and wish
to exercise these rights, you can submit a request through one of the
following methods:
* Logging into your account on one of our sites (a link to an Exercise Your
Privacy Rights form will display on the site’s dashboard).
* Calling us by phone (toll-free) at:
* ConnectNetwork Customer Service: 877-650-4249
* GettingOut Customer Service: 866-516-0115
* VisManager Customer Service: 855-208-7349
* TouchPay Customer Service: 866-204-1603
Authorized agents may initiate a request on behalf of another individual by
contacting us using one of the methods described above. Authorized agents
will be required to provide proof of their authorization and we may also
require that the relevant consumer directly verify their identity and the
authority of the authorized agent.
Process to Appeal a Decision Related to Your Rights
If you are a resident of Colorado, Connecticut, or Virginia and we refused
to fulfill your request to exercise your privacy rights in Section A, you
may appeal this decision by contacting us at privacy@viapath.com. We will
respond to your request with an explanation about our decision to fulfill or
refuse your request.
If we deny your appeal, you may contact your state’s Attorney General to
file a complaint related to the denial.
Notice of Right to Opt-Out
If you wish to opt out of processing of personal data that is gathered when
you visit our websites and other web-based services for purposes of “sales”
and/or targeted advertising, you may do so in one of the ways described
below: If you are in the U.S., you can obtain more information and opt out
of receiving targeted ads from participating third-party ad networks at
info/choices(Digital Advertising Alliance). You may also download the DAA
AppChoices (https://youradchoices.com/appchoices) tool in order to help
control interest-based advertising on apps on your mobile device).
If you wish to prevent cookies from tracking your activity on our website or
visits across multiple websites, you can set your browser to block certain
cookies or notify you when a cookie is set; you can also delete cookies. The
Help portion of the toolbar on most browsers will tell you how to prevent
your device from accepting new cookies, how to have the browser notify you
when you receive a new cookie, or how to delete cookies.
Close
VIAPATH TECHNOLOGIES TERMS OF USE
Effective Date: December 20, 2023
TouchPay Holdings, LLC d/b/a GTL Financial Services, a subsidiary of Global
Tel*Link Corporation, d/b/a ViaPath Technologies (“ViaPath”), is the owner and
operator of the websites www.viapath.com, www.touchpayonline.com,
www.connectnetwork.com, www.gettingout.com, and www.tpgovtpay.com (the “Site” or
“Sites”). These Terms of Use apply to any user who accepts these Terms as set
forth in Section 1 and Section 2 below (“you”), regardless of your incarceration
or detainee status, including but not limited to non-incarcerated individual
users such as an incarcerated individual's friend or family member or an
incarcerated individual's attorney. These Terms of Use apply when you access,
visit or use the Sites or use any of the products or services provided by
ViaPath, or one of its subsidiaries or affiliates (individually “Affiliate and
collectively “Affiliates”), including TouchPay Holdings, LLC d/b/a GTL Financial
Services, GTL Enhanced Services, LLC d/b/a ViaPath Technologies (“ViaPath”),
DSI-ITI, Inc., Innertainment Delivery Systems, LLC d/b/a ViaPath Technologies
(“ViaPath”), Telmate, LLC d/b/a ViaPath Technologies (“ViaPath”), Public
Communications Services, Inc. d/b/a ViaPath Technologies (“ViaPath”), Renovo
Software, Inc. d/b/a ViaPath Technologies (“ViaPath”), and Value-Added
Communications, Inc. d/b/a ViaPath Technologies (“ViaPath”). The Sites and all
mobile applications, products, and services provided by ViaPath or any Affiliate
will be referred to in these Terms of Use as the “Service” or the “Services”.
For purposes of these Terms of Use, “Company”, “we”, “us”, or “our”, means
ViaPath, and any Affiliate where the Affiliate or its products or services are
implicated.
Notice regarding money transmission transactions: All money transmission
transactions are provided solely by TouchPay Holdings, LLC d/b/a GTL Financial
Services (“TouchPay”) NMLS #967396, a subsidiary of ViaPath. Money transmission
services may include, but are not limited to, child support payments, government
payments, and corrections payments. Services available through TouchPay may have
their own terms and conditions that apply to your payment or use of that
particular service. These Terms of Use do not alter in any way the terms or
conditions of any of those other written or online terms and conditions or
agreements you may have or will have with TouchPay. To the extent that there is
any conflict between these Terms of Use and any terms and conditions or
agreements relating to TouchPay services you have used, those other terms and
conditions or agreements will govern.
Notice regarding dispute resolution and mandatory arbitration: These Terms of
Use contain provisions that govern the resolution of any and all claims between
you and ViaPath (see Section 22 below), including an agreement and obligation to
arbitrate disputes, which will, subject to limited exceptions, require you to
submit claims you have against us to binding arbitration, unless you opt-out in
accordance with Section 22(d). Unless you opt-out of binding arbitration: (1)
you will only be permitted to pursue claims against us on an individual basis,
not as part of any class or representative action or proceeding and (2) you will
only be permitted to seek relief (including monetary, injunctive, and
declaratory relief) on an individual basis.
1. Acceptance of these terms of use by users of the site. By using the Service
or clicking the “accept” button when you register to use the Service
through the Site or when you are otherwise prompted to do so, you agree to
be legally bound by these Terms of Use.
2. Acceptance of these terms of use by other users of the service. If you
create an account to use the Service other than through the Site, and if
you do not agree with or consent to the terms of these Terms of Use, you
will have thirty (30) days from the date you create the account with us to
cancel the account. If you decide that you want to cancel the account
within this thirty (30) day period, please contact our Customer Service
team using the information supplied through the “Contact Us” link on the
Site. If you cancel the account, we will provide you with a refund of any
fees you have paid and not used in connection with the Service.
3. Eligibility. The Service is intended for individuals who are at least
eighteen (18) years old. If you are not at least eighteen (18) years old,
please do not access, visit, or use the Service.
4. Your privacy rights. In connection with your use of the Services, please
review our privacy statement(“Privacy Statement”) in order to understand
how we use information we collect from you when you access, visit or use
the Service. The Privacy Statement is part of and is governed by these
Terms of Use and by accepting the Terms of Use, you agree to be legally
bound by the terms of the Privacy Statement and agree that we may use
information collected from you in accordance with the Privacy Statement.
5. Registration. As a condition of using certain features of the Service, you
may be required to register through the Site and select a password and user
I.D. You may be required to provide personal and/or financial information.
You expressly represent, warrant, and agree that any information you give
to ViaPath will be accurate, correct, and complete. If you provide any
information that is, or that ViaPath has reasonable grounds to suspect is,
untrue, inaccurate, not current, or incomplete, ViaPath may, without
notice, suspend or terminate your access and use of the Services, refuse to
provide you with any and all current or future use of the Services, and
report the incident to law enforcement. If applicable, you may be required
to provide valid credit card information. By providing your credit card
information, you authorize ViaPath to charge such credit card for your
financial obligations relating to your access and use of the Services. You
may not: (1) select or use as a user I.D. a name of another person with the
intent to impersonate that person; (2) use as a user I.D. a name subject to
any rights of a person other than you without appropriate authorization; or
(3) use as a user I.D. a name that is otherwise offensive, vulgar, or
obscene. We reserve the right to refuse registration of, or to cancel a
user I.D., in our sole discretion. You shall be responsible for maintaining
the confidentiality of your user I.D. and password. You are responsible for
immediately notifying us if your user I.D. or password are compromised.
Unless notified, we are entitled to assume any instructions issued from
your user I.D. are valid. ViaPath reserves the right to refuse registration
of or to cancel a user account for any reason.
6. Identity verification. As a condition of using certain features of the
Service, you may be required to provide a copy of a government issued form
of identification bearing your photograph, such as a driver's license or
passport, for the purpose of verifying your identity. By providing such
documentation, you agree that an image of this identification may be
provided to law enforcement or correctional staff.
7. Prohibited activities. You may not access, visit, or use the Service for
any purpose other than the intended purpose for which we make it available
to you, in accordance with all applicable legal requirements including all
federal, state, and local laws, rules, and regulations (including
correctional facility policies) and these Terms of Use. We may prohibit
certain activities in connection with the Service in our discretion. You
may not facilitate or permit anyone else to facilitate or conduct, directly
or indirectly, the following prohibited activities which include, without
limitation:
a. Criminal or tortious activity, including child pornography, fraud,
trafficking in obscene material (including, but not limited to
controlled substances or humans), drug dealing, gambling, harassment,
stalking, spamming, copyright infringement, patent infringement, or
theft of trade secrets.
b. Advertising to, or solicitation of, any user to buy or sell any products
or services.
c. Transmitting chain letters or junk email to other users.
d. Using any information obtained from the Service in order to contact,
advertise to solicit or sell any products or services to any user
without their prior explicit consent.
e. Engaging in any automated use of the Service, such as using scripts, web
crawlers, bots/robots, or scrapers, or manual equivalents, to send
comments or messages for any other purpose.
f. Interfering with, disrupting, or creating an undue burden on the Service
or the networks or services connected to the Service.
g. Attempting to impersonate, or impersonating any person, another user or
entity, or misrepresenting yourself.
h. Using another incarcerated individual's I.D. or account.
i. Using the user I.D. or account of another user without the user's
explicit consent and permission (for Friends and Family users only).
j. Using any information obtained from the Service in order to harass,
abuse or harm another person.
k. Accepting payment or anything of value from any person and/or
third-party entity in exchange for your performance of any commercial
activity on or through the Service on behalf of that person and/or
third-party entity.
l. Using the Service in a manner inconsistent with any and all applicable
laws, rules, and regulations (including correctional facility policies).
m. Decompiling, disassembling, modifying, translating, adapting, reverse
engineering, or creating derivative based on, the Service, or any
portion thereof.
n. Intentionally, recklessly, negligently, or purposefully damaging,
destroying, losing, or stealing tablet devices. Incarcerated individuals
engaged in such prohibited activities may be assessed charges for the
replacement cost of the damaged, destroyed, lost, or stolen tablet
device and may be subject to further restrictions of use.
If ViaPath determines that you may have violated these Terms of Use, it may
report the matter to law enforcement and correctional facility
administrators, and/or refuse or restrict your access to all or any portion
of the Services.
8. MANAGEMENT OF THE SERVICE. You acknowledge that we reserve the right, but
have no obligation, to (1) take appropriate action against anyone who, in
our sole determination, violates these Terms of Use or whom we suspect is
using the Service to violate the law, rules, or policies of conduct of any
of our customers, including, without limitation, reporting you to law
enforcement authorities, (2) in our sole discretion and without limitation,
refuse, restrict access to or availability of, or disable all or a portion
of the Service, and (3) otherwise manage the Service in a manner designed
to protect the rights and property of the Company, our customers, and users
of the Service and to facilitate the proper functioning of the Service.
9. Monitoring communication, including calls and video visits made and
electronic messages sent through the service. You acknowledge and agree
that we, law enforcement agencies, and correctional facilities (including
the correctional facility where an individual is incarcerated) may monitor,
record, and store calls and video visits, and read electronic messages
(including emails) and view photographs and videos sent using the Service,
in accordance with the policies in place at the correctional facility where
an individual is incarcerated. We may also obtain the location of the phone
you are using when you use the Service to help ensure accurate billing
practices and may obtain your IP address or geo-location using the location
services, GPS or Wi-Fi functions on the mobile device you are running the
Services on and provide this location to the correctional facility from
which you received the call. By accepting these Terms of Use, you authorize
us and the applicable correctional facility, to monitor, record, and store
all communications made using the Services, including, but not limited to,
monitoring, recording and storing calls and video visits you make through
the Service and reading electronic messages (including emails) and viewing
photographs and videos you send through the Service in accordance with the
policies in place at the applicable correctional facility.
10. Use of the service. The Service and its contents and the trademarks,
service marks and logos contained on the Service, are the intellectual
property of the Company or its licensors and constitute copyrights and
other intellectual property rights of the Company or its licensors under
U.S. and foreign laws and international conventions. The Service and its
contents are provided for your informational, personal, non-commercial use
only and may not be used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any other
purpose whatsoever without the expressed written consent of the Company.
You agree not to engage in the use, copying or distribution of the Service
or of any of its contents for any commercial purpose. You agree not to
circumvent, disable, or otherwise interfere with security related features
of the Service. We may, but are not obligated to, periodically provide
updates to the Service to resolve bugs or add features and functionality.
You do not acquire any ownership rights to the Service or to any contents
contained on the Service. All rights not expressly granted in these Terms
of Use are reserved by the Company. You are solely responsible for your
interactions with other users of the Service.
11. Termination of your use of the service. We may suspend or terminate your
use of the Service if you violate these Terms of Use or in our discretion.
We may also impose limits on or restrict your access to parts or all of the
Service without notice or liability.
12. Charges for the service. Fees will apply to your use of certain features of
the Service, including any calls that are made through the Service. The
fees and charges may vary based on, among other things, the correctional
facility where an individual is incarcerated. We reserve the right to
change the fees charged periodically, in our discretion.
13. Advancepay accounts and friends and family accounts inactivity/ refund
policy.
* ^^ AdvancePay Accounts and Friends and Family Accounts will become
inactive after 180 days of non-use or no activity.
* Refunds — Refunds are available on request while an account is in active
status only. Requests can be made online or by phone to ViaPath's
Customer Service Center.
* For AdvancePay Accounts and Friends and Family Accounts used for calls
from/to incarcerated individuals in a California state prison or youth
residential placement or detention center operated by the Department of
Corrections and Rehabilitation, effective January 1, 2023, and pursuant
to the Keep Families Connected Act, all calls placed by incarcerated
individuals to friends and family members will be at zero costs to the
incarcerated individual and their friend and/or family member. Note: This
provision does not apply to Department of Homeland Security Immigration
and Customs Enforcement facilities and individuals detained at these
facilities.
* In keeping with Minn. Stat. §241.252 Sec. 11 (2022), the restrictions in
these Terms of Use do not apply to AdvancePay Accounts or Friends and
Family Accounts in Minnesota. For details, see Minnesota Revised Tariff
No. 2,
https://www.cards.commerce.state.mn.us/security/search.do?documentId={703CA088-0000-CB16-B20B-23024E706B5A},
which provides that “Calls originating from Correctional Institutions
managed by the Minnesota Department of Corrections — effective July 1,
2023, there is no charge to the individual initiating the communication
or to the individual receiving the communication.”
* In all instances where the applicable law, regulation, or tariff may
limit the ability of a provider to refund monies after a prescribed
period of inactivity, ViaPath's policy shall be limited to compliance
with the applicable law, regulation, or tariff, including, but not
limited to, the states of Alabama and Iowa.
14. Submissions. If you submit opinions, suggestions, feedback, images,
documents, and/or proposals to us through the Service, or through any other
communication with us, you acknowledge and agree that: (1) the submissions
you provide will not contain confidential or proprietary information; (2)
we are not under any obligation of confidentiality, expressed or implied,
with respect to the submissions you provide; (3) we shall be entitled to
use or disclose (or choose not to use or disclose) the submissions you
provide for any purpose, in any way, in any media worldwide; (4) the
submissions you provide will automatically become the property of the
Company without any obligation of the Company to you; and (5) you are not
entitled to any compensation or reimbursement of any kind from the Company
in connection with your submissions under any circumstances.
15. Links to third party applications and other websites. The Service may
contain links to third-party applications (“apps”) and websites, resources,
or data. You acknowledge and agree that the Company is not responsible or
liable for: (1) the availability or accuracy of these third-party apps and
websites, resources, or data; or (2) the content, products, or services on
or available from these third-party apps and websites, resources, or data.
You also acknowledge that you are solely responsible for, and assume all
risk arising from, the use of any of these third-party apps and websites,
resources, and data. Links to third-party apps and websites on the Service
are not intended as endorsements or referrals by the Company of any
products, services or information contained on the applicable apps and
websites. These Terms of Use do not apply to third-party apps and websites,
including the content of and your activity on those apps and websites. You
should review third-party apps and websites' terms of service, privacy
policies and all other application and website documents, to inform
yourself of the regulations, policies, and practices of third-party apps
and websites.
16. Disclaimer of warranties. to the fullest extent permitted by applicable
law, the information contained in and provided through the service,
including text, graphics, links, or other items, is provided “ as is”.
neither the company nor its suppliers warrant the accuracy, adequacy,
completeness or timeliness of the information, materials, products, and
services accessed on or through the service and the company expressly
disclaims liability for errors or omissions in the information or materials
accessed on or through the service. no warranty of any kind, whether
implied or expressed, including but not limited to the warranties of non
infringement, title, merchantability, fitness for a particular purpose, and
freedom from computer virus, is given in conjunction with any information,
materials, or services provided through the service.
17. Limitation of liability. to the fullest extent permitted by applicable law,
in no event shall the company or its third party suppliers be liable for
any damages, losses or liabilities including, without limitation, direct or
indirect, punitive, incidental, special, consequential or other damages,
losses or expenses, including any lost profits, lost data, or lost savings,
whether based on breach of contract, breach of warranty, tort, or any other
legal theory, arising out of or in any way connected with the use of the
service or reliance on or use or inability to use the information,
materials or services provided through the service, or in connection with
any failure of performance, error, omission, interruption, defect, delay,
or degradation in operation or transmission, computer virus or line or
system failure, even if the company or its third party suppliers are
advised of the possibility of such damages, losses, or expenses.
18. Notice to new jersey users. Notwithstanding any terms set forth in these
Terms of Use, if any of the provisions set forth in Sections 16, 17, 21,
and/or 22 are held unenforceable, void, or inapplicable under New Jersey
law, then any such provision shall not apply to you, but the rest of these
Terms of Use shall remain binding on you and the Company. In addition, for
New Jersey residents, the limitation on liability is inapplicable where
attorneys' fees, court costs, or other damages are mandated by statute.
Notwithstanding any provision in these Terms of Use, nothing in these Terms
of Use is intended to, nor shall it be deemed or construed to, limit any
rights available to you under the Truth-in-Consumer Contract, Warranty and
Notice Act.
19. Notice to california users. Under California Civil Code Section 1789.3,
users located in California are entitled to the following consumer rights
notice: We are located at 3120 Fairview Park Drive, Suite 300, Falls
Church, VA 22042. If you have a question or complaint regarding the
Service, please contact us by email or by toll free telephone number using
the information supplied through the “Contact Us” link on the Site.
California residents may also reach the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer
Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA
95834, or by telephone at (916) 445-1254 or (800) 952-5210.
20. Unauthorized transactions. In the event that you use a credit card to pay
for any products or services offered through the Site, you are representing
to the Company that you are authorized to use that credit card.
21. Indemnification. You agree to defend, indemnify, and hold the Company
harmless from and against any and all claims, damages, and costs including
attorneys' fees, arising from or related to your use of the Service. You
will not be required to indemnify and hold the Company harmless from and
against any claims, liabilities, damages, losses, or expenses resulting
from the Company's own negligent conduct.
22. Dispute resolution and arbitration agreement.
Please Read This Following Clauses Carefully — They May Significantly
Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
1. Arbitration. The parties, which means you and the Company, shall use
their best efforts to settle any dispute, claim, question, or
disagreement directly through consultation and good faith negotiations
which shall be a precondition to either party initiating a lawsuit or
arbitration. All claims arising out of or relating to these Terms of Use
(including its formation, performance, and breach) and the Service shall
be finally settled by binding arbitration, excluding any rules or
procedures governing or permitting class actions. The arbitrator, and
not any federal, state, or local court or agency, shall have exclusive
authority to resolve all disputes arising out of or relating to the
interpretation, applicability, enforceability, or formation of these
Terms of Use, including, but not limited to any claim that all or any
part of these Terms of Use is void or voidable. The arbitrator shall be
empowered to grant whatever relief would be available in a court under
law or in equity. The arbitrator's award shall be binding on the parties
and may be entered as a judgment in any court of competent jurisdiction.
To the extent the filing fee for the arbitration exceeds the cost of
filing a lawsuit, we will pay the additional cost. The interpretation
and enforcement of these Terms of Use shall be subject to the Federal
Arbitration Act. The parties understand that, absent this mandatory
provision, they would have the right to sue in court and have a jury
trial. They further understand that, in some instances, the costs of
arbitration could exceed the costs of litigation and the right to
discovery may be more limited in arbitration than in court.
2. Class Action Waiver. The parties, which means you and the Company,
further agree that any arbitration shall be conducted in their
individual capacities only and not as a class action or other
representative action, and the parties expressly waive their right to
file a class action or seek relief on a class basis. If any court or
arbitrator determines that the class action waiver set forth in this
paragraph is void or unenforceable for any reason or that an arbitration
can proceed on a class basis, then the arbitration provision set forth
above shall be deemed null and void in its entirety and the parties
shall be deemed to have not agreed to arbitrate disputes.
3. Exception — Litigation of Small Claims Court Claims. Notwithstanding the
parties' decision to resolve all disputes through arbitration, either
party, you or the Company, may also seek relief in a small claims court
for disputes or claims within the scope of that court's jurisdiction.
4. Thirty Day Right to Opt-Out. You have the right to opt-out and not be
legally bound by the arbitration and class action waiver provisions set
forth this Section by sending written notice of your decision to opt-out
to the following address: c/o ViaPath Technologies, 3120 Fairview Park
Drive, Suite 300, Falls Church, VA 22042, Attn: Arbitration Opt-Out. The
notice must be sent within thirty (30) days of the date you have agreed
to Terms of Use; otherwise, you shall be legally bound to arbitrate
disputes in accordance with the terms set forth above. If you elect to
opt-out of these arbitration provisions, we also will not be legally
bound by them. In addition, if you elect to opt-out of these arbitration
provisions, we may terminate your use of the Service. If we terminate
your use of the Service, we will provide you with a refund of any fees
you have paid and have not been used in connection with the Service.
23. Amendments. These Terms of Use may be amended by the Company from time to
time. We will post any material changes to these Terms of Use on the Site
or Service with a notice advising of changes. You may cancel your account
within thirty (30) days following the date the amended Terms of Use are
posted by contacting us using the contact information in Section 30 below.
If you choose to cancel your account within this thirty (30) day period,
you will not be legally bound by the terms of the revised Terms of Use but
will remain legally bound by terms of these Terms of Use, and we will
provide you with a refund of any fees that you have paid and that have not
been used in connection with the Service.
24. No oral modifications. Employees of the Company are not authorized to
modify these Terms of Use, either verbally or in writing. If any employee
of the Company offers to modify these Terms of Use, he or she is not acting
as an agent for the Company or speaking on our behalf. You may not rely,
and should not act in reliance on, any statement or communication from an
employee of the Company or anyone else purporting to act on our behalf.
25. No third party beneficiaries. These Terms of Use are between you and the
Company. There are no third-party beneficiaries. All payments associated
with transactions that classify as money transmission are held in a
custodial capacity by TouchPay Holdings, LLC d/b/a GTL Financial Services,
a subsidiary of ViaPath, as an agent of its customers.
26. Independent contractors. No agency, partnership, joint venture, or
employment is created as a result of these Terms of Use, and you do not
have any authority of any kind to bind the Company in any respect
whatsoever.
27. Non waiver. The failure of either party to exercise in any respect any
right provided for herein shall not be deemed a waiver of any further
rights hereunder.
28. Force majeure. The Company shall not be liable for any failure to perform
its obligations hereunder where the failure results from any cause beyond
the Company's reasonable control, including, without limitation, any
mechanical, electronic or communications failure or degradation.
29. Severability. If any provision of these Terms of Use is found to be
unenforceable or invalid (other than the class action waiver in Section
22), that provision shall be limited or eliminated to the minimum extent
necessary so that these Terms of Use shall otherwise remain in full force
and effect and enforceable.
30. Contact us. If you have any questions about these Terms of Use, you may
contact us by email at termsofuse@viapath.com or by postal mail at c/o
ViaPath Technologies, 3120 Fairview Park Drive, Suite 300, Falls Church, VA
22042, Attn: Legal Department. If you have any questions regarding the
Service or your account, or if you would like to cancel your account,
please contact our Customer Service team using the information supplied
through the “Contact Us” link on the Site.
31. Assignment.These Terms of Use are not assignable, transferable, or
sublicensable by you except with our prior expressed written consent. We
may transfer, assign, or delegate these Terms of Use and our related rights
and obligations without obtaining your consent.
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Telmate Privacy Policy | Telmate Terms of Use | Consumer Disclosures | TouchPay
Privacy Policy | TouchPay Terms of Use
ConnectNetwork Privacy Policy | ConnectNetwork Terms of Use | Your Privacy
Choices English | EspañolCopyright © 2020 GTL. All Rights Reserved. Deposits to
an inmate's trust account, as well as probation, community corrections, and
background check payments are provided by TouchPay Holdings, LLC d/b/a GTL
Financial Services, which is also the owner and manager of this website.
TouchPay Holdings, LLC d/b/a GTL Financial Services is wholly owned by Global
Tel*Link Corporation d/b/a ViaPath Technologies. (NMLS #967396)
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