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VEJA COMO AS SOLUÇÕES COMPLETAS DE CONTACT CENTER DA TALKDESK PROPORCIONAM UMA
EXPERIÊNCIA MELHOR. SOLICITAR DEMO
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SOBRE
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PREÇOS
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INICIARTESTAR DEMOCONSULTAR PREÇOS
TALKDESK PRIVACY NOTICE.
Last Updated: April 21, 2022
Talkdesk, Inc. (hereinafter, “Talkdesk”) is a US based company (201 Spear
Street, Suite 1100, San Francisco, CA 94105 – United States) that acts in the
CCaaS (Contact Center as a Service) space. As part of the contact center
services Talkdesk provides to customers throughout the world, Talkdesk processes
personal information on behalf of its customers (hereinafter, the “Customers”),
acting as a processor for the purposes of the Regulation (EU) 2016/679 of the
European Parliament and of the Council of 27 April 2016 on the protection of
natural persons with regard to the processing of personal information and on the
free movement of such data, and repealing Directive 95/46/EC (hereinafter, the
“General Data Protection Regulation” or “GDPR”).
Additionally, Talkdesk also processes personal information of its own, acting as
a controller, i.e. determining the purposes and means of the processing of
personal information for some purposes (e.g. billing and tax purposes).
Talkdesk is committed to comply with relevant applicable Privacy and Data
Protection legislation and regulations, including specific contractual
requirements, applying international best practices to protect personal
information trusted by our customers or when processing personal data from
natural persons as a controller. For this purpose, Talkdesk has implemented and
regularly reviews Policies, Procedures, Standards and Guidelines to increase the
security of personal data and ensure the rights of data subjects, directly or in
its responsibility to customers and partners, are addressed according to the
applicable laws and in a timely manner.
This privacy notice covers both situations. Data subjects whose personal
information is processed by a Customer of Talkdesk must consult that Customer’s
privacy policies.
For easier understanding, this notice covers the same topics from both
perspectives: Controller and Processor:
* What personal information is collected?
* Why is personal information collected?
* How long is personal information retained?
* What are the data subject rights?
* How can a data subject/person exercise its rights?
* To whom may personal information be transferred?
* Where is information stored?
* How is information protected?
* Person Information from Children
* Privacy Shield Independent Recourse Mechanism
* California User Consumer Rights (only as a controller)
* TALKDESK AS A CONTROLLER
What personal information is collected?
Talkdesk collects information about you limited to what is relevant,
proportional, adequate and necessary for identified purposes. We consider the
jurisdiction’s requirements that govern the information collection and we
proceed according to applicable privacy & data protection legislation.
How Talkdesk Collects your data
I) Personal data that Talkdesk collects directly from you:
Talkdesk collects personal information that you voluntarily provide to us
when you (i) register on the Talkdesk website, Talkdesk knowledge base,
Talkdesk Academy website or Talkdesk Community, (ii) when you express an
interest in obtaining information about Talkdesk, Talkdesk products, services
and events, (iii) when you interact with Talkdesk social media campaigns via
social networks, (iv) when you register in Talkdesk events, (v) when you
apply for job offers, (vi) when you choose to download Talkdesk ebooks and
use resources available in Talkdesk website or (vii) when you directly
contact Talkdesk using the official contact mechanisms that we make available
(phone, chat, email).
The information collected is: identification data (first name, last name),
contact data (business email address, business phone number), professional
details (functional role, company name, country).
When applying for a job offer, Talkdesk collects the information provided in
the resume, cover letter and Linkedin profile.
Talkdesk also collects the information that you choose to share with us when
contacting us by our official contact mechanisms.
II) Personal data obtained from third-party sources:
Talkdesk may use business contact information collected by third parties,
including reseller partners, trusted strategic alliances, and acquired
professional contacts databases. Appropriate privacy and security assessments
are performed to ensure compliance with applicable laws and regulations and
to ensure the collection of the data is lawful and uses fair means, including
the existence of notice and collection of consent for sharing with third
parties (Talkdesk), when required by the applicable laws.
The information used is: identification data (first name, last name), contact
data (business email address, business phone number), professional details
(functional role, company name), Linkedin Profile.
III) Personal data obtained from publicly accessible resources:
Talkdesk may also collect information about you from publicly accessible
sources such as Linkedin.
The personal information collected is namely identification and contact data
(e.g. email address and phone number), job details and skills to support our
recruitment processes.
More details can be provided through the Data Protection Officer, email
privacy@talkdesk.com.
Why is personal information collected?
The purposes for which personal information is processed includes:
* To contact you to respond to your requests, eg. when you request to
experience a demo or when you request to get in touch with a Talkdesk
solutions consultant;
* Recruiting and hiring management;
* To support our sales effort, including to get feedback from the engagement
process – always in a B2B perspective;
* To send marketing information on our products and services marketing
(including telemarketing) – B2B perspective;
* Customer relationship management – this may include payment information;
* To provide support to our customers;
* Management of business relationships with prospective customers, vendors,
suppliers, resellers or partners;
* Events registrations (including webinars, meet-ups, roundtables, Opentalk
and others);
* Access to our offices;
* To provide you access to Talkdesk academy and training materials;
* To use CX Talent;
* To register and be a member of Talkdesk Communities (B2B);
* Navigation and usage of Talkdesk institutional site;
* Cookies usage (specific policy shared on site).
Talkdesk collects the least amount of information required and only for the
purposes identified above and the legal basis of each processing is to
perform a contract obligation, the furtherance of a legitimate interest, or
with consent (in this case, explicit consent).
Purposes of processing related to n=marketing or product/brand awareness,
depending on the context, may rely on a legitimate interest of Talkdesk or
your consent. Talkdesk requires your consent according to the applicable
laws, but may rely on legitimate interest when the applicable law allows and
when you already have shown us interest in our products and services.
When Talkdesk uses your personal information based on consent, we ensure you
have a free choice.
In communications related to marketing-specific purposes, Talkdesk also
provides a choice to opt-out of further communications.
Talkdesk does not use or process personal data for other purposes and does
not sell and does not allow its sub-processors to sell personal information
(as the term “sell” is defined under the CCPA).
How long is personal information retained?
Data retention periods depend on the purposes of the processing. Under
applicable legislation, Talkdesk provides more information on the data
retention periods when personal information is collected. More details can be
obtained through the Data Protection Officer’s email privacy@talkdesk.com.
What are the data subject rights?
Data subjects’ rights depend on the jurisdictions where they are located.
Typical data subjects rights include:
* Right of access: Right to obtain confirmation as to whether or not
personal information concerning the data subject is being processed, and,
where that is the case, access to that personal information.
* Right to rectification: Right to obtain rectification of inaccurate
personal information concerning the data subject.
* Right to erasure or to be forgotten: Right to the erasure of personal
information concerning the data subject.
* Right to restrict processing: Right to restrict the processing of the
personal information to the extent permitted by law and in accordance with
Talkdesk contractual and legal commitments.
* Right to data portability: Right to receive the personal information
provided and concerning the data subject, in a structured, commonly used
and machine-readable format.
* Right to object: Right to object to the processing of the data subject’s
data for reasons related to their own personal situation.
* Right not to be subject to automated decision-making: Right not to be
subject to a decision based solely on automated processing.
* Right to withdraw consent: Right to remove consent for specific
processing.
* Right to complaint: Right to send a complaint to the proper authority.
* Right to prevent your information from being sold: Right to state that the
data subject does not want their personal information to be sold to
anyone.
* Right to non-discrimination: Right to not receive discriminatory treatment
for the exercise of the data subject rights.
In relation to collection, disclosure and use of personal data, data subjects
are entitled to the following choices:
* Marketing messages: Data subjects can freely opt-in to receive marketing
communication from Talkdesk products, services or job advertisements. Data
subjects can opt out of email marketing messages by clicking on the
unsubscribe link in the email or sending an email to privacy@talkdesk.com.
* Events: Talkdesk may promote events related to the Contact Center industry
and data subjects can freely fill in the registration form. Talkdesk will
only collect the information needed to register the data subject and to
communicate details of the event with the data subject.
* Cookies and similar technologies: When using our website, data subjects
can decline cookies. You can see more details in our cookie policy.
* Job Opportunities: Data subjects can freely submit their applications
using the Careers webform. Talkdesk only collects the fields needed to
proceed with the recruitment and to be able to contact the job candidate.
In addition, job candidates can freely opt-in to receive career
opportunities.
How can a data subject/person exercise its rights?
Data subjects may exercise their rights by submitting a request to the Data
Protector Officer by email at privacy@talkdesk.com.
To whom may personal information be transferred?
Talkdesk may share, transfer or disclose personal information in specific
situations to particular categories of recipients:
I. Our trusted SaaS third parties providers, acting as processors and
according to Talkdesk instructions;
II. Talkdesk reseller partners, trusted strategic alliances that may support
Talkdesk sales effort and according to privacy laws and regulations;
III. Talkdesk partners and sponsors of Talkdesk promoted events and according
to privacy laws and regulations;
IV. Talkdesk affiliates and according to Talkdesk’s security and privacy
policies and applicable laws and regulation of each region;
V. Government entities where the transfer of information is legally required
under local laws or required to comply with legal requests;
VI. Potential buyers in connection to a merger & acquisition or any form of
transfer or sale.
Talkdesk has implemented mechanisms to choose and engage providers and, when
required by law, disclose personal information to government entities.
Talkdesk does not sell and does not allow its sub-processors to sell personal
information (as the term “sell” is defined under the CCPA).
A list of Talkdesk’s processors can be provided if requested
privacy@talkdesk.com.
International Transfers
As a US headquartered multinational company, personal data may be collected,
transferred to, processed, and stored by us in the United States, and by our
affiliates and third parties that are based in other countries.
Currently, Talkdesk is also established in Armenia, Australia, Brazil,
Canada, China, Portugal, UK, and Singapore.
Where is information stored?
Personal data, when held physically, is stored in the same location as where
it was produced.
Personal data, when held digitally, is mainly stored in the US and any
transfer of information from European Economic Area (EEA) and Switzerland to
the US or other countries is made based on:
* Adequacy Decision: Countries designated by the European Commission as
having an adequate level of protection for personal information.
* Standard Contractual Clauses: Talkdesk relies on the European Commission’s
model contracts for the transfer of personal information to third
countries (i.e. the standard contractual clauses) pursuant to Commission
Implementing Decision (EU) 2021/914 of 4 June 2021.
* Privacy Shield: Talkdesk complies with the EU–U.S. Privacy Shield and the
Swiss–U.S. Privacy Shield Framework as set forth by the U.S. Department of
Commerce regarding the collection, use, and retention of personal
information from the European Union and Switzerland to the United States,
respectively. Talkdesk has certified to the Department of Commerce that
adheres to the Privacy Shield Principles of notice, choice, onward
transfer, security, data integrity, access, and enforcement. If there is
any conflict between the terms in this privacy notice and the Privacy
Shield Principles, the Privacy Shield Principles shall govern. To learn
more about the Privacy Shield program, and to view Talkdesk certification,
please visit https://www.privacyshield.gov.In July 2020, the Court of
Justice of the European Union invalidated the EU-US Privacy Shield
framework. As a result, Privacy Shield is no longer an appropriate
safeguard for the purposes of legitimizing the transfer of personal data
outside of the EEA or the UK. The Federal Data Protection and Information
Commissioner (the Swiss supervisory authority) subsequently followed suit
and invalidated the Swiss-US Privacy Shield.While Talkdesk remains
self-certified under the EU-US and Swiss-US Privacy Shield Frameworks, it
is not currently relying on these Frameworks for transfers of personal
data from EU and Swiss.
How is information protected?
Talkdesk has implemented an Information Security and Privacy Information
Management Systems (ISMS and PIMS) and BCMS (Business Continuity Management
System) as a framework for continuous improvement of security, privacy and
business continuity. The ISMS, PIMS, and BCMS include Policies, Awareness on
Security and Privacy, adequate processual and technical controls, audit
logging, and third-party due diligence, among others.
Talkdesk performs regular due diligence on third parties for security and
privacy compliance.
Personal Information from Children
Talkdesk will never knowingly collect any personal information from children
under the age of 13. If we obtain actual knowledge that we have collected
personal information from a child under the age of 13, that information will
be immediately removed from any access. Because we do not collect such
information, we have no such information to use or to disclose to third
parties. We have designed this notice in order to comply with the Children’s
Online Privacy Protection Act (COPPA).
Privacy Shield Independent Recourse Mechanism
In compliance with the EU–U.S. Privacy Shield and Swiss–U.S. Privacy Shield,
Talkdesk is committed to resolving complaints about your privacy and our
collection or use of your personal information. European Union or Swiss
citizens with inquiries or complaints regarding this privacy notice should
first contact us at: privacy@talkdesk.com.
If necessary, we have further committed to refer unresolved privacy
complaints under the EU-U.S. Privacy Shield and Swiss–U.S. Privacy Shield to
JAMS, an alternative dispute resolution provider located in the United
States. If you have an unresolved privacy or data use concern that we have
not addressed satisfactorily, please contact our U.S.-based third party
dispute resolution provider (free of charge) at
https://www.jamsadr.com/eu-us-privacy-shield.
As a last resort, privacy complaints that remain unresolved after pursuing
these and other channels may be subject to binding arbitration before the
Privacy Shield Panel to be created jointly by the US Department of Commerce
and the European Commission. The Federal Trade Commission has jurisdiction
over Talkdesk’s compliance with this notice and the EU–U.S. and Swiss–U.S.
Privacy Shield Frameworks. In cases of onward transfer to third parties of
data of EU and Swiss individuals received pursuant to the EU–U.S. Privacy
Shield and Swiss–U.S. Privacy Shield, Talkdesk is potentially liable.
In compliance with the Privacy Shield Principles, Talkdesk commits to resolve
complaints about our collection or use of your personal information. EU
individuals with inquiries or complaints regarding our Privacy Shield notice
should first contact Talkdesk at:
Privacy Team/DPO
privacy@talkdesk.com
Talkdesk has further committed to cooperate with the panel established by the
EU data protection authorities (DPAs) and the Swiss Federal Data Protection
and Information Commissioner (FDPIC) and comply with the advice given by such
authorities with regard to human resources data transferred from the EU and
Switzerland in the context of the employment relationship.
Talkdesk only discloses personal information as stated in this privacy
notice. Nevertheless, Talkdesk may also disclose personal information as may
be required or permitted in response to lawful requests by public
authorities, including to meet national security law enforcement
requirements.
California User Consumer Rights
This section only applies when Talkdesk is a controller.
In accordance with California Civil Code Section 1789.3, California resident
users are entitled to know that they may file grievances and complaints with
the California Department of Consumer Affairs, 400 R Street, STE 1080,
Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by
email to dca@dca.ca.gov. For more information about protecting your privacy,
you may wish to visit: http://www.ftc.gov.
If you are a California resident, California Civil Code Section 1798.83
permits you to request information regarding the disclosure of your personal
information by us to third parties for the third parties’ direct marketing
purposes. With respect to us, this privacy notice applies only to their
activities within the State of California. To make such a request or if you
have questions about this privacy notice, please send an email to
privacy@talkdesk.com.
* TALKDESK AS A (SUB-)PROCESSOR
What personal information is processed?
When Talkdesk provides a cloud service and acts on behalf of its customers,
Talkdesk acts as a processor or subprocessor depending on the customer’s
responsibility. Therefore, the information that is collected by Talkdesk’s
customers when using Talkdesk’s products is under customer’s responsibility
as is the definition of the categories of data subjects.
Nevertheless, the information that is collected includes:
* Contact: typically, customer’s end customer or prospect (it’s customer
responsibility to define the types of contacts for which Talkdesk service
is provided): Name, phone number and email.
* Agent: usually an employee of the customer that uses Talkdesk for inbound
or outbound calls: Name, e-mail and associated phone number. May also
include characteristics of the agent such as gender.
* Interactions: call metadata such as a contact phone number, agent phone
number, date, time and duration of call and call context.
* Call recording: if configured in such a way, call recordings will also be
collected.
* Content data: personal data that may be included in communications or as a
result of Talkdesk products and services, as controlled by Talkdesk
Customers. Content data may include, as applicable to the respective
service:
* Call Transcriptions: content data resulting from call transcriptions,
where instructed by our Customers.
* SMS Content: content data that can be integrated into a channel that
allows asynchronous support from our customers who want to provide
support via text message instead of calling.
* Chat Content: content data that can be integrated into a channel that
allows asynchronous support from our customers who want to provide
support via voice and digital chat conversations.
* Email Content: content data that can be integrated into a channel that
allows asynchronous support to customers who want to contact support via
incoming Email conversation.
* Screen Recordings: content data resulting from a recording of agent
activity on CCaaS where enabled by our Customers.
Talkdesk restricts the collection of the information to the minimum amount
required to provide its services and it will be processed according to the
purposes for which it was collected.
Why is personal information collected?
Personal data is collected to provide the service of Contact Center as a
Service and to support and troubleshoot issues reported by our Customers.
How long is personal information retained?
When Customers act as controllers, they define the retention periods for the
information they collect. Additionally, when Customer terminates its contract
with Talkdesk, the information is removed according to the Master
Subscription Agreement or earlier if requested.
Talkdesk may keep anonymized information for longer periods (that will not
identify directly or indirectly any agent, contact, or customer) for analysis
of how service is used and for the improvement of it.
What are the data subject rights?
Data subject rights depend on the jurisdictions where they are located and
the jurisdictions where Talkdesk customers are located. Nevertheless, typical
data subjects rights include:
* Right of access: Right to obtain confirmation as to whether or not
personal information concerning the data subject is being processed, and,
where that is the case, access to that personal information.
* Right to rectification: Right to obtain rectification of inaccurate
personal information concerning the data subject.
* Right to erasure or to be forgotten: Right to the erasure of personal
information concerning the data subject.
* Right to restrict processing: Right to restrict the processing of personal
information to the extent permitted by law and in accordance with Talkdesk
contractual and legal commitments..
* Right to data portability: Right to receive the personal information
provided and concerning the data subject, in a structured, commonly used
and machine-readable format.
* Right to object: Right to object to the processing of personal data for
reasons related to your own personal situation.
* Right not to be subject to automated decision-making: Right not to be
subject to a decision based solely on automated processing.
* Right to withdraw consent: Right to remove consent for specific
processing.
* Right to complaint: Right to send a complaint to the proper authority.
* Right to prevent your information from being sold: Right to state that the
data subject does not want their personal information to be sold to
anyone.
* Right to non-discrimination: Right to not receive discriminatory treatment
for the exercise of the data subject rights.
How can a data subject exercise its rights?
When Talkdesk processes information on behalf of a customer, all data subject
rights must be addressed directly to the customer.
To whom may personal information be transferred?
As a processor/service provider, Talkdesk only uses data to provide the
service agreed and according to customer instructions and Talkdesk does not
sell the information its customers collect while using Talkdesk service (as
the term “sell” is defined under the CCPA).
Nevertheless, Talkdesk uses third-parties providers to provide its service
and those providers follow the same security and privacy commitments as
Talkdesk.
A list of Talkdesk sub-processors can be provided to customers. Such requests
must be sent to privacy@talkdesk.com.
Talkdesk may transfer data to potential buyers in connection to a merger &
acquisition or any form of transfer or sale.
Talkdesk may disclose data to government entities where the disclosure of
information is legally required under local laws or required to comply with
legal requests.
Where is information stored?
Talkdesk HQ and main processing facilities are located in the US. However,
Talkdesk has other processing facilities in other regions (such as Europe and
Canada).
When a transfer of information from European Economic Area (EEA) and
Switzerland to other countries happens, it’s made based on:
* Adequacy Decision: Countries designated by the European Commission as
having an adequate level of protection for personal information.
* Standard Contractual Clauses: Talkdesk relies on the Commission’s model
contracts for the transfer of personal information to third countries
(i.e. the standard contractual clauses) pursuant to the Commission
Implementing Decision (EU) 2021/914 of 4 June 2021.
* Privacy Shield: Talkdesk complies with the EU–U.S. Privacy Shield and the
Swiss–U.S. Privacy Shield Framework as set forth by the U.S. Department of
Commerce regarding the collection, use, and retention of personal
information from the European Union and Switzerland to the United States,
respectively. Talkdesk has certified to the Department of Commerce that it
adheres to the Privacy Shield Principles of notice, choice, onward
transfer, security, data integrity, access, and enforcement. If there is
any conflict between the terms in this privacy notice and the Privacy
Shield Principles, the Privacy Shield Principles shall govern. To learn
more about the Privacy Shield program, and to view Talkdesk certification,
please visit https://www.privacyshield.gov.While Talkdesk remains
self-certified under the EU-US and Swiss-US Privacy Shield Frameworks,
it’s not currently relying on these Frameworks for transfers of personal
data from EU and Swiss.
Transfers between other jurisdictions may require specific and additional
provisions that must be defined by the customer in conjunction with Talkdesk.
How is information protected?
Talkdesk adopts an Information Security and Privacy Information Management
Systems (ISMS and PIMS) and BCMS (Business Continuity Management System) as a
framework for continuous improvement of security, privacy, and business
continuity. The ISMS, PIMS, and BCMS include Policies, Awareness on Security
and Privacy, adequate processual and technical controls, audit logging, and
third-party due diligence, among others.
Talkdesk performs regular due diligence on third parties for security and
privacy compliance.
Personal Information from Children
Talkdesk never knowingly collects any personal information from children
under the age of 13. If we obtain actual knowledge that we have collected
personal information from a child under the age of 13, that information is
immediately removed from any access. Because we do not collect such
information, we have no such information to use or to disclose to third
parties. We have designed this notice to comply with the Children’s Online
Privacy Protection Act (COPPA).
Privacy Shield Independent Recourse Mechanism
In compliance with the EU–U.S. Privacy Shield and Swiss–U.S. Privacy Shield,
Talkdesk is committed to resolving complaints about your privacy and our
collection or use of your personal information. European Union or Swiss
citizens with inquiries or complaints regarding this privacy notice should
first contact us at: privacy@talkdesk.com.
If necessary, we have further committed to refer unresolved privacy
complaints under the EU–U.S. Privacy Shield and Swiss–U.S. Privacy Shield to
JAMS, an alternative dispute resolution provider located in the United
States. If you have an unresolved privacy or data use concern that we have
not addressed satisfactorily, please contact our U.S.-based third party
dispute resolution provider (free of charge) at
https://www.jamsadr.com/eu-us-privacy-shield.
As a last resort, privacy complaints that remain unresolved after pursuing
these and other channels may be subject to binding arbitration before the
Privacy Shield Panel to be created jointly by the US Department of Commerce
and the European Commission. The Federal Trade Commission has jurisdiction
over Talkdesk’s compliance with this notice and the EU–U.S. and Swiss–U.S.
Privacy Shield Frameworks. In cases of onward transfer to third parties of
data of EU and Swiss individuals received pursuant to the EU–U.S. Privacy
Shield and Swiss–U.S. Privacy Shield, Talkdesk is potentially liable.
In compliance with the Privacy Shield Principles, Talkdesk commits to resolve
complaints about our collection or use of your personal information. EU
individuals with inquiries or complaints regarding our Privacy Shield notice
should first contact Talkdesk at:
Privacy Team/DPO
privacy@talkdesk.com
Talkdesk has further committed to cooperate with the panel established by the
EU data protection authorities (DPAs) and the Swiss Federal Data Protection
and Information Commissioner (FDPIC) and comply with the advice given by such
authorities with regard to human resources data transferred from the EU and
Switzerland in the context of the employment relationship.
Talkdesk discloses personal information as stated in this privacy notice.
Nevertheless, Talkdesk may also disclose personal information as may be
required or permitted in response to lawful requests by public authorities,
including to meet national security law enforcement requirements.
Download the Talkdesk Privacy Notice here.
PRIVACY NOTICE CHANGES.
This notice may be updated from time to time to reflect changes in our
practices, operational requirements and to be consistent with applicable privacy
and data protections laws and regulations. Future changes made to this notice
are posted on our website. Any questions regarding this notice can be sent to
privacy@talkdesk.com.
Google Services API Disclosure
Talkdesk’s use and transfer to any other app of information received from Google
APIs will adhere to Google API Services User Data Policy, including the Limited
Use requirements.
HOW TO CONTACT US.
For questions or complaints regarding this privacy notice and the privacy
practices of Talkdesk, you may contact us at privacy@talkdesk.com or at our
mailing address below:
FOR CUSTOMER IN NON EEA REGION
Talkdesk Inc.
201 Spear Street, Suite 1100,
San Francisco, CA 94105
United States
FOR CUSTOMER IN EEA REGION
Talkdesk Inc. Portugal Unipessoal Lda,
Rua Pedro Nunes, Edifício IPN D, 1º Piso, módulo 1.12
Santo António dos Olivais, Coimbra
3030-199 Coimbra. Portugal
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