Your Subscription

You have a limited, non-exclusive and non-transferable subscription with the right to download and use the Encrypt-phone.com suite of applications and to use Encrypt-phone.com’s encrypted communications services (the ‘Services’).  The ‘Services’ referred to in this Agreement may include your subscription fee and calls funds deposit.  You may use the Services as long as you have paid the applicable fees.  The fees are non-refundable, except as set forth later in this Agreement.

The Software is made available for downloading solely for use by end users according to the License Agreement.  Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in civil and criminal penalties.  Violators will be prosecuted to the maximum extent permitted under law and equity.

 

Terms

These Terms contain the entire agreement between you and Encrypt-phone.com with respect to this website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Encrypt-phone.com with respect to this website.  You hereby acknowledge that you shall have no power or authority to assume or create any obligation or responsibility on behalf of Encrypt-phone.com.  These Terms may only be modified, and a party may only waive its rights under these Terms, by a written document executed by both parties.  Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision hereof.

 

Your Privacy

We promise to do everything we can to protect the confidentiality of all Encrypt-phone.com transmissions and your customer information.  We have employed encryption technology for our services, and we run them on custom-designed and custom-built platforms that we own.  We own the servers, the software and the data.  We promise that your communications to others within the Encrypt-phone.com network (that is, member to member) cannot be decrypted by anyone other than those with whom you choose to communicate.  Because we own our servers and have built our own platform, we also guarantee that there are no backdoors or other unauthorized means of access for anyone.  Your communications are fully encrypted and we do not hold the keys.  Therefore, we have nothing for anyone who might attempt to access your communications.  We will do everything legally permissible within our power to protect the privacy of your communications and information.  We promise to provide complete transparency if we are ever required to turn over information to law enforcement authorities.  Any questions or comments on the above TOS should be sent via email to support@Encrypt-phone.com.  We will not sell your information.  We won’t use your information or communications for marketing purposes and we won’t provide it to anyone else for marketing.  We won’t sell your personal information or anything about your use of our services.  Encrypt-phone.com is in business to provide you with encrypted communication services focused on security, simplicity and service.  If you have any question, concerns or comments about the privacy of your communications and other information, or if you have thoughts about how we can do better, please send us an email at support@encrypt-phone.com.

 

Limited Warranty

Encrypt-phone.com warrants that the Services will perform exactly as spelled out on our website and in any written materials provided by Encrypt-phone.com. Because we cannot foresee how you may be using our services or what might happen if there is a problem with the Services, Encrypt-phone.com’s only obligation under this limited warranty is to use its best reasonable efforts to solve any problems you may encounter with the Services.  If the Services do not perform as you expected, you have the right to terminate this Agreement.  Encrypt-phone.com’s Services may be dependent on your connection to a data or voice network and your Services may therefore cease to function, may experience latency or may not function properly if there is a power failure or other failure; state-sponsored or other entity’s denial of the Services whether official or otherwise; or delay in the underlying data or voice network.

 

GPRD compliance

1) Lawful, fair and transparent processing

ITC will process the personal data in a lawful, fair and transparent manner. All processing will be based on a legitimate purpose.  ITC will take responsibility and will not process data for any purpose other than the legitimate purposes.  ITC will inform data subjects about the processing activities on their personal data.

2) Limitation of purpose, data and storage
ITC will limit the processing of data, collecting only the data which is necessary, and will not keep personal data once the processing purpose is completed.  ITC will forbid processing of personal data outside the legitimate purpose for which the personal data was collected.  ITC will mandate that no personal data, other than what is necessary, be requested.  The personal data will be deleted once the legitimate purpose for which it was collected is fulfilled.

3) Data subject rights
The customers have been assigned the right to ask ITC what information it has about them, and what ITC does with this information. In addition, a customer has the right to ask for correction, object to processing, lodge a complaint, and ask for the deletion or transfer of his or her personal data.

4) Consent
As and when the company has the intent to process personal data beyond the legitimate purpose for which that data was collected, a clear and explicit consent will be asked from the customer. Once collected, this consent will be documented, and the customer will be allowed to withdraw his consent at any moment.  Also, for the processing of children’s data, GDPR requires explicit consent of the parents (or guardian) if the child’s age is under 16.

5) Personal data breaches
ITC will maintain a Personal Data Breach Register and, based on severity, the regulator and data subject will be informed within 72 hours of identifying the breach.

6) Privacy by Design
ITC will incorporate organisational and technical mechanisms to protect personal data in the design of new systems and processes; that is, privacy and protection aspects will be ensured by default.

7) Data Protection Impact Assessment
To estimate the impact of changes or new actions, a Data Protection Impact Assessment will be conducted when initiating a new project, change, or product.

8) Data transfers
ITC has the accountability to ensure that personal data is protected and GDPR requirements respected, even if processing is being done by a third party.

9) Data Protection Officer
When there is significant processing of personal data in an organisation, ITC will assign a Data Protection Officer.

10) Awareness and training
ITC will create awareness among employees about key GDPR requirements, and conduct regular trainings to ensure that employees remain aware of their responsibilities with regard to the protection of personal data and identification of personal data breaches as soon as possible.

Encrypt-Phone service is being provided by ITC IP Technologies.

ENCRYPT-PHONE.COM MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  YOU AGREE THAT ENCRYPT-PHONE.COM’S LIABILITY TO YOU IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT IS LIMITED TO THE AMOUNTS YOU ACTUALLY PAID TO ENCRYPT-PHONE.COM UNDER THIS AGREEMENT.  ENCRYPT-PHONE.COM IS NOT LIABLE TO YOU FOR ANY OTHER DAMAGES OF ANY KIND, INCLUDING CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES.