Effective Date: December 3, 2015
This Privacy Statement describes the type of information that Telmate LLC (“Telmate” or “we”) collect through your use of the Telmate.com and GettingOut.com websites (“Sites”), as well as the products and services we offer including, Customer Service Representatives, Interactive Voice Response, video visitations, inmate phone services, mobile apps, Guardian and inmate messaging services (collectively, “Services”). This Statement does not apply to information collected about you through any other means, including information collected by third parties or through offline means.
This statement covers:
- What personally identifiable information is collected by Telmate through our Site and Service.
- How Telmate uses this information.
- With whom Telmate may share personal information.
- What choices are available to you with respect to collection, use and sharing of the information.
- What types of security procedures are in place to protect the loss or misuse of information under our control.
This statement applies to inmates, as well as to friends and families who access our Services in order to contact or provide funds to inmates (“Visitors”). Please read this statement carefully to understand our practices regarding your information and how we will treat it. If you do not agree with our practices, please do not use our Sites or Services. By accessing or using the Sites or Services, or by clicking the “accept” button when you register to use a Service, you consent to our use of your personal information as described in this statement. This statement may change from time to time. Your continued use of the Sites or any Service after we make changes is deemed to be acceptance of those changes, so please check the statement periodically for updates.
A. Data Ownership; Disclosure to Law Enforcement
The correctional facility where an inmate is located, not Telmate, owns the data related to your communications with that inmate. This includes (without limitation) (i) the content of voice and video calls, voicemails, text and picture messages, and any other types of communications, (ii) the location of the device from which the communication was made, (iii) and all other data associated with such communication, including your account data. Telmate has no control over how each correctional facility uses or discloses such data. This Privacy Statement applies only to Telmate’s activities, and not to the activities of any subsequent or downstream user of the data. Correctional facilities’ use and disclosure of your personal information is subject to their own policies. Telmate shares your data (and access to such data) with law enforcement and correctional facilities (federal, state, county and local), as well as investigative or public safety entities (public and private) and the agents of such parties (collectively, “Law Enforcement”). You should assume that all communications will be accessed, reviewed, analyzed, searched, scrutinized, rendered searchable, compiled, assembled, accumulated, stored, used, and transferred by Telmate and Law Enforcement. As such, you expressly acknowledge that you use the Services without any reasonable expectation that the contents of these communications are, or will remain, private or protected by any legal privilege. By using a Site or Service, you are providing your consent for Telmate to:
The correctional facility where an inmate is located, not Telmate, owns the data related to your communications with that inmate. This includes (without limitation) (i) the content of voice and video calls, voicemails, text and picture messages, and any other types of communications, (ii) the location of the device from which the communication was made, (iii) and all other data associated with such communication, including your account data. Telmate has no control over how each correctional facility uses or discloses such data. This Privacy Statement applies only to Telmate’s activities, and not to the activities of any subsequent or downstream user of the data. Correctional facilities’ use and disclosure of your personal information is subject to their own policies.
Telmate shares your data (and access to such data) with law enforcement and correctional facilities (federal, state, county and local), as well as investigative or public safety entities (public and private) and the agents of such parties (collectively, “Law Enforcement”). You should assume that all communications will be accessed, reviewed, analyzed, searched, scrutinized, rendered searchable, compiled, assembled, accumulated, stored, used, and transferred by Telmate and Law Enforcement. As such, you expressly acknowledge that you use the Services without any reasonable expectation that the contents of these communications are, or will remain, private or protected by any legal privilege.
By using a Site or Service, you are providing your consent for Telmate to:
B. Consent to Collection of Biometric Data
Telmate converts inmates’ voice recordings into a sound spectrogram, which is used as a voiceprint to verify the inmate’s identity and for other law enforcement purposes. In addition, Telmate may collect voiceprints of Visitors and share them with Law Enforcement.
Telmate may use software to recognize geometrical patterns that comprise the digital image of a face, a process known as facial recognition. Telmate may use facial recognition to compare known faces against a new face to determine a probable match. Telmate employees may also visually compare images it collects (and share such comparisons with Law Enforcement) for identity verification and other security purposes.
Both the voiceprints and the facial geometries are types of biometric data captured by Telmate.
By signing up for an account, accepting these terms, and using a Service, you expressly consent to Telmate’s collection, use and disclosure of your communications, including your biometric data.
C. Information We Collect
We collect information from you in two ways. First, you provide us with certain information when you register for and use our Services. Second, we collect certain data automatically as you interact with our Sites and Services.
1. Information You Provide to Us.
We may collect this information from you when you register to use the Services, make purchases on our Sites, or send any communication or correspondence, by any means, to any of our employees or agents. We directly collect the following types of information that you provide to us:
- Identifying Information. We may collect personally identifying information, including your name, telephone number, physical address, mailing address, billing address, birth date, and email address.
- Financial Information. We may collect and process payment card data in connection with the Services. We may also collect and store bank account data.
- Inmate Information. We may collect information from you about the identity of inmate(s) receiving funds from you or communicating with you through the Services.
2. Information that We Automatically Collect from You when You Use the Sites or Services
- Data Collected Through Our Cookies and Web Beacons. We (or service providers on our behalf) may use technologies, including “cookies” or “web beacons to automatically collect information from you when you use the Site and Services. Cookies are small amounts of data that are stored within your Internet browser that can recognize the same browser navigating online at a later time. 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 Sites or Services may include, without limitation:
- the pages you visit within the Sites or Services;
- the date and time of your visit to the Sites or Services;
- the amount of time you spend using the Sites or Services;
- the websites you visit before or after visiting the Sites or Services;
- 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
- your purchase history.
You may be able to set your browser to reject cookies or to notify you when you are sent a cookie. Not all features of the Sites or Services will function as intended if you reject cookies.
The information we collect automatically is statistical data and may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties.
- Location Information Collected through Mobile Applications. If you access the Sites or Services, we may also be able to identify the location of the computer or other device you use. When you receive a call through our Sites or Services, we collect the location of your phone to help ensure accurate billing practices as well as for the safety and security of correctional facilities safety and for investigative purposes.
D. Do Not Track Requests.
Your Internet browser and mobile device may allow you to adjust your browser settings so that “do not track” requests are sent to the websites that you visit. Telmate does not track its users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track signals.
E. How We Use the Information We Collect.
We may use information collected from or about you for any of the following purposes:
- to provide the Sites and Services;
- to manage your account;
- to contact you when necessary about your account or your use of the Sites and Services;
- to send you information and promotional materials about our products and services as well as our company in general;
- to comply with regulatory requirements for the maintenance of records;
- to conduct internal reviews of our Sites and Services and to help us better understand visitors’ uses of our Sites and Services;
- to protect the security or integrity of our Sites and Services; and
- for any other legal business or marketing purposes that are not inconsistent with the terms of this Privacy Statement.
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.
F. How We Share Your Information with Third Parties.
We may share the information we collect in connection with the Sites or Services with the following third parties:
1. Law Enforcement.
We share your data with Law Enforcement, as described in Section A above.
2. Service Providers.
We may share your personal information with our third party distributors, vendors, suppliers and other service 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 Services.
3. Third Party Analytics Providers.
We may also share your information with third parties who conduct marketing studies and data analytics. These third parties may combine your information with the information of other consumers for purposes of conducting these studies and/or analytics.
4. Our Affiliates.
We may share some or all of your information with our parent company, subsidiaries and corporate affiliates, joint venturers, or other companies that are or may become 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.
5. Transfer or Assignment in Connection with Business Transfers or Bankruptcy.
6. Response to Subpoenas or Court Orders or to Protect Our Rights.
We may disclose your information to government authorities or third parties if:
- you have given us permission to share your information;
- required to do so by law, or in response to a subpoena or court order;
- 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
7. Aggregate Information.
We may share information relating to your use of the Service with any third party 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.
G. Your Choices
Because safety and security are Telmate’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.
You may choose not to share your location details with us by adjusting your location services settings. 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 certain Sites or Services, or parts of them.
H. How We Protect Your Information
1. PCI Compliance.
Telmate complies with all required PCI standards regarding our treatment of payment card data.
2. Security Measures.
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.
I. Correcting/Updating Your Information.
If your name, email address, mailing address, telephone number, other contact information or financial information that you provide to us changes, you may update the information by contacting our Customer Service team at firstname.lastname@example.org.
J. No Use by Children.
We regret that the Services are not available to Visitors under the age of 13. We do not knowingly collect contact information from children under the age of 13 without verifiable parental consent. If we become aware that a Visitor under the age of 13 has submitted personal information 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.
K. 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.
L. Changes to this Privacy Statement.
We will occasionally update this Privacy Statement to reflect changes in our practices and services. We will post any material changes to this Privacy Statement on the Sites with a notice advising of changes, and we will notify you by email to the primary email address specified in your account.
M. Contact Us.
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 email@example.com.