First Orion UK Limited (“First Orion”) is a business dedicated to using technology and data to benefit both consumers and businesses. First Orion helps consumers by providing greater transparency about who is calling them and why. We also help consumers manage the calls they receive that are likely to be a phone scam or are calls they do not want. For all First Orion offerings, the privacy of individuals is a priority and we are committed to safeguarding it.
Our Websites, Apps, and Solutions include various features and functionality offered by First Orion to improve your calling experience. Our Website provides general information about our products and a means to contact us. Our Apps and Solutions provide registered calling parties the ability to provide enhanced information beyond the caller ID about who they are and why they are calling certain consumers and businesses. Our Scam Solution, which is provided through telecommunications service providers (“Carriers”), can identify unknown callers and likely scammers, and allows you to block unwanted, private, or unknown calls.
Conducting General Business
Whilst conducting business with First Orion, you may provide personal information (name, address, email, telephone number, fax number, etc.) to us on a Website. By providing this contact information, including telephone, fax and email details, you consent to First Orion contacting you using that method, until such time as you revoke that consent.
You have the right at any time to request a copy of the personal information we hold on you. Should you wish to exercise this right and correct any personal information that is in error or would like to have personal information about you removed from our files, please contact us in any of the ways described at the end of this Agreement.
What information we collect from our Websites and how we may use it
We may collect your personal information you provide via our Websites to help us deliver a better level of user experience on the site, such as your name, mailing address, phone number, email address, contact preferences, and information relating to an inquiry or support issue. This enables us to give you convenient access to our Websites and helps us keep you posted on the latest product announcements, software or service updates, special offers, and events that you might like to hear about. It also allows us to respond to any concerns you may have voiced on the site or with our customer service department. If you do not wish to receive promotional messages from us, please contact us as described at the end of this Agreement.
What information we collect from our Engage App and how we may use it
When you download the Engage App, First Orion, acting as a service provider (“processor”), will collect your phone number and use for identity validation purposes. We then anonymize your phone number and on an ongoing basis, we use the anonymized number to deliver an enhanced caller ID developed by the calling party for the purpose of letting you know who is calling and why. We also collect information about your device type to properly deliver the enhanced message in a compatible format.
For the Engage App to function, during the download you will need to allow the Engage App to access your contact list so the App can create a contact for incoming calls that display the enhanced caller ID information. We do NOT export any information from your contacts outside the App for any purpose. Once the enhanced call is delivered to your device, the contact is automatically deleted. More information about the Engage App is available when you download the App and while you use it.
If you no longer wish to receive enhanced caller ID when calls come in on your phone, you simply have to delete the Engage App from your device. Calling parties must register with First Orion and be vetted to assure they are a legitimate entity. They must further attest they have a legal right to make the call.
What information we collect from our Call Protect Solutions and how we may use it
When you download any of the free or paid First Orion Call Protect Apps, we collect your phone number and use it for identity validation purposes, and to know who to bill for fee-based services. We also collect your phone number if you subscribe to a telecommunications carrier that utilizes First Orion’s Call Protect In-Network Solution.
For all Call Protect Solutions, we also collect personal information relevant to your interaction with us. We collect and use the caller ID information, network routing information (where available), and the dates and times of incoming calls, and user block information to develop alerts about possible scams or nuisance calls and for statistical reporting purposes. This information will also be used to improve the functionality of our Apps and In-Network Solutions.
You may need to agree to several questions to use a Call Protect App so that it functions properly. The questions may vary depending on whether you are on an Android or iOS device since these operating systems function differently.
– Allow First Orion to make and manage phone calls?
- This allows the App to launch a call from your detail screen when you touch the phone icon and to perform all the other call management activities provided in the App such as identifying unknown callers, blocking calls, filing complaints and receiving enhanced caller information about who is calling and why.
– Allow First Orion to access your contacts?
- We want to assure any incoming call that displays a number already in your contacts is displayed properly on your device. We do NOT export outside the App any information from your contacts for any purpose.
– Allow First Orion to send and view SMS messages?
- This allows the App to streamline the verification process which sends a SMS message when you first launch the App and to block SMS messages from the same numbers that it blocks telephone calls from. The App does not do anything else with SMS messages.
What information we collect from our In-Network Scam Protection Solution and how we may use it
Our In-Network Scam Protection Solution is a service provided by First Orion to telecommunication service providers (“Carrier”). The Scam Solution integrates the First Orion scam identification analytic engine into the Carrier’s network, providing their subscribers functions chosen by the Carrier that can identify unknown callers and likely scammers, and allow subscribers to block unwanted, private, or unknown calls. To learn more about the Scam Solution available to you, contact your Carrier and see if they are a First Orion client.
Our Legal Basis for Processing
First Orion has a legal basis for processing your personal information that varies based on how you interact with us. For our Website, our Engage App, and our Call Protect Solutions, First Orion is a data controller for any personal information you may voluntarily provide. For our Engage App, First Orion is a processor on behalf of the party calling you. For our Scam Solution, First Orion is a processor for the Carrier providing you scam protection.
Where information we collect is processed
First Orion may transmit personal information to or from the United States for processing, storage or other purposes related to supporting First Orion Websites, Apps and other services. Personal information stored in the U.S. may therefore be accessed by courts, law enforcement and national security authorities in the United States.
Publicly displayed information is public
If you use a bulletin board, chat room or blog on a First Orion website or App, you should be aware that any information you share is visible to other users. Personally identifiable information you submit to one of these forums can be read, collected, or used by other individuals for their purposes. First Orion is not responsible for the personally identifiable information you choose to submit in these forums.
What personal information we may disclose to others
At times, we may be required by law to disclose your personal data. We may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary.
If First Orion is involved in a business transaction, such as a merger, acquisition or sale of all or a portion of its assets, your personal data will likely be among the business assets transferred. You will be notified via prominent notice on our Websites, and within the Engage or Call Protect App, of such change in ownership as well as any choices you may have regarding your personal information.
What information we may collect from third parties and how we may use it
First Orion may obtain information about you and about your phone number from third parties and combine it with information we already have about you to improve the user experience and the functionality on our Website and our Engage and Call Protect Apps.
How long we hold personal information
The limited personal information you voluntarily provide when visiting a Website is held indefinitely, or until you request it be deleted. The limited personal information you voluntarily provide when downloading one of our Apps, is held as long as the App exists on your device. Any other personal information provided during a complaint or support activity is retained indefinitely.
Where information we collect is processed
Most of the information related to our Websites, Apps, and Solutions that you provide to us is stored on our secure servers. These are hosted in Amazon Web Services (AWS) in the UK. Some information related to support activities is hosted in AWS in the U.S. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of a Website or any of our Apps, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Apps and/or our Websites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security protocols to try to prevent unauthorised access.
First Orion may transmit personal information to or from the United States for processing, storage or other purposes related to supporting First Orion’s Website, Apps and Solutions. Personal information stored in the U.S. may therefore be accessed by courts, law enforcement and national security authorities in the United States in accordance with First Orion’s EU-U.S. Privacy Shield policy described below.
How we protect your personal information
First Orion takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction.
Remember, any emails or other communications you send over the internet are not safe unless they have been encrypted. If someone gets into your emails without your permission, or your personal information is shared publicly, we cannot accept responsibility.
Cookies and other technologies
First Orion may gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
We use this information, which does not identify individual users, to analyse trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.
In some of our email messages we may use a “click-through URL” linked to content on a First Orion Website. When Website users click one of these URLs, they pass through our web server before arriving at the destination web page. We may track this click-through data to help us determine interest in particular topics and measure the effectiveness of our communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.
In addition, we may use pixel tags — tiny graphic images — to tell us what parts of our Websites users have visited or to measure the effectiveness of searches users perform on the site.
Pixel tags also enable us to send email messages in a format that Website users can read. And they tell us whether emails have been opened to ensure that we’re sending only messages that are of interest to our Website users.
First Orion’s Websites and Apps may contain links to other sites or third-party apps which may be subject to separate terms and conditions. First Orion has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party apps or websites, and any use of such site by you is at your own risk. You acknowledge that First Orion shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such third party websites or apps.
Your UK Privacy Rights
First Orion will ensure that all personal information you supply is held securely in accordance with the EU General Data Protection Regulation 2016/679 (“GDPR”), the UK Data Protection Act 2018 (“DPA 2018”), and the UK Privacy and Electronic Communications Regulations 2003 (“PECR”) implementing the Directive on privacy and electronic communications 2002/58/EC (“ePrivacy Directive”). Some of this information may be stored in the United States. However, any such information will also be treated in accordance with First Orion’s EU-US Privacy Shield Policy.
First Orion is certified for the EU-US Privacy Shield with the Department of Commerce which provides adequacy under EU law. First Orion’s Privacy Shield Policy can be found at https://firstorion.com/privacy-shield-policy/ and our Privacy Shield Policy for Human Resource Data can be found at https://firstorion.com/privacy-shield-for-human-resource-data/.
It is your choice to provide personal information to First Orion. As required by law, for the information you provide or information that is generated when you interact with us or use our services, you have the following rights and may exercise them by contacting us as described at the end of this Agreement.
- You may access and verify the personal information you have submitted to us at no charge.
- You may change or correct inaccurate or incomplete personal information.
- You may delete your personal information (also known as ‘the right to be forgotten’) where there is no compelling reason for us to keep using it.
- You may unsubscribe from marketing communications from us.
Updates and Changes
From time to time we may automatically update and change any Website or App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App, and/or the functionality and performance of the Website or App may be reduced.
Licence to Use First Orion Apps
In return for your agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive, limited, revocable personal licence without rights to sublicense to use a First Orion App you have downloaded in accordance with the terms set out in this Agreement.
You may not transfer the App to someone else. If you download the App onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with this Agreement, whether or not you own the device.
Your Use of First Orion Apps
You may download a copy of an App onto your mobile telephone devices and view, use and display the App on such devices for your personal purposes only. You agree that you will:
- Not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
- Not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- Not translate, merge, adapt, vary, alter or modify the App, in whole in or part, or permit the App (or any part of the App) to be combed with or become incorporated in, any other programs (except as necessary to use the App on devices as permitted in this Agreement);
- Not access the source code of the App, nor disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such things to the App, to the extent such activities can be restricted by law.
Acceptable Use Restrictions
As a condition of use of a Website, App or Solution, you agree that you will:
- Not use the Website, App or Solution in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the terms of this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, the Website or any operating system;
- Not infringe our intellectual property rights or those of any third party in relation to your use of the Website, App or Solution;
- Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Website, App or Solution;
- Not use the Website, App or Solution in a way that could damage, disable, overload, impair or compromise our systems or security or interfere with other users;
- Not collect or harvest any information or data from the Website or our systems or attempt to decipher any transmissions to or from the servers running the Website, App or Solution;
- Not use the Website, App or Solution to solicit participation in public discussion, debate, comment or activity;
- Not provide false or misleading information about yourself, your business or create a false identity; and
- Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by any of the Website, App or Solution.
Intellectual Property Rights
All intellectual property rights in our Websites, Apps and Solutions throughout the world belong to First Orion (or our licensors) and the rights to use them are licensed to you (not sold). You have no intellectual property rights in, or to, any Website, App or Solution (including, but not limited to, any information, data, material, text, designs, graphics, pictures, video, photographs, applications, software, audio and other files) other than the right to use them solely for your own personal use, in accordance with the terms of this Agreement. Republication or redistribution of the content, including by framing or similar means, is prohibited.
It is technically impracticable to provide a fault-free service and First Orion does not undertake to do so. In the event of a fault, First Orion will attempt to restore functionality as soon as is reasonably practicable. Access to any Website, App or Solution may occasionally be suspended or restricted for operational reasons such as maintenance or the introduction of new facilities or products.
We may terminate your rights to use any Website, App or Solution at any time. Cause for such termination may include (a) a breach by you of the terms of this Agreement or your engagement in fraudulent or illegal activities, (b) a request by law enforcement or other government agencies, and/or (c) unexpected technical or security issues or problems.
If we terminate your rights to use a Website, App or Solution:
- You must stop all activities authorised by this Agreement, including your use of the Website, App or Solution.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
Our responsibilities for loss or damage suffered by you
The use of any Website, App or Solution is at your own risk. Except as required by law, First Orion gives no warranty, express or implied, as to the content, availability, uptime or fitness for a specific purpose of any Website, App or Solution.
If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of breaching this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted this Agreement, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or by fraud or fraudulent misrepresentation.
If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We will use our reasonable endeavours to ensure that our Websites and Apps are free from bugs or viruses, but we cannot guarantee this.
The Websites, Apps and Solutions are for domestic and private use. If you use a Website, App or Solution for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The Websites, Apps and Solutions are provided for general information only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from a Website, App or Solution. Although we make reasonable efforts to update the information provided by our Websites, Apps and Solutions, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
The Websites, Apps and Solutions have not been developed to meet your individual requirements. Please check that the facilities and functions of the Website, App (as described on the app store site) or Solution meet your requirements.
If our provision of a Website, App or Solution or support for a Website, App or Solution is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event.
Other important terms
- Transfer of Rights. We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations under this Agreement. You may not transfer your rights or obligations under this Agreement to anyone else. This Agreement is personal to you and no third party is entitled to benefit under this Agreement except as expressly set out here.
- Waiver. Even if a party delays in enforcing this Agreement, that party can still enforce it later. If one party does not insist immediately that the other party do anything that party is required to do under this Agreement, or delays in taking steps against the other party in respect of their breaching this Agreement, that will not mean that the other party does not have to do those things and it will not prevent either party from taking steps against the other party at a later date.
- Data Protection. First Orion will comply with its obligations under applicable data protection legislation and maintain all relevant registrations and notifications, for the purposes of operating the Websites, Apps and Solutions.
- Severability. Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Third Party Rights. This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
- Which laws apply to this Agreement. The terms of this Agreement are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
- Alternative Dispute Resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you can submit a complaint to the European Commission Online Dispute Resolution platform.
Privacy and Other Questions
First Orion UK Limited
Attention: Legal Team
3 Waterhouse Square, 138 Holborn
London EC1N 2SW
© 2019 First Orion UK Limited. All rights reserved.
First Orion UK Limited, 11th Floor, Whitefriars Lewins Mead, Bristol, United Kingdom, BS1 2NT