1. Subject of the Contract
1.1 These general terms and conditions govern the provision of the service Who's Calling. The Service is provided by Marakonsulting SARL.
1.2 The Service includes a software application. Depending on the product chosen, the use of Who's Calling requires the customer to provide: 1) a suitable terminal, 2) any hardware accessories or software shown in brochures and on the website, 3) an active phone Contract configured to use the service, 4) access to telecommunication networks, 5) an Internet connection.
2. Conclusion of the Contract and provision of the service
2.1 The Customer may express their wish to conclude the Contract by telecommunications or through other channels from time to time specified by Who's Calling. This event will constitute an irrevocable commitment. The customer assumes responsibility for the accuracy and truthfulness of the data provided.
2.2 Who's Calling reserves the right to require the customer to confirm, within the time and in the manner indicated, the offer made via internet or telephone.
2.3 Who's Calling has the right not to accept the offer and not to proceed with the activation and delivery of service in the presence of any circumstances that may pose a risk to the fulfillment of the Contractual obligations of the Customer or which may reasonably be impracticable or make activation of the Service expensive from a technical point of view, such as, for example, in the case of prolonged disuse of the service for 6 months or more.
2.4 The Contract shall be deemed completed when the Who's Calling notice of acceptance of the offer is received by the customer, which may also be by electronic means or by telephone, or when the Service is activated, which is equivalent to acceptance by Who's Calling of the offer of the customer.
3. Duration - Renewal - Termination
3.1 The Contract is of indefinite duration from the date of activation of Service.
4. Mode of the Service, failures and complaints
4.1 The Service does not include the supply of any hardware and therefore there can be no assurance in this regard. Who's Calling makes no guarantee of proper operation and services relating to the Software.
4.2 Who's Calling is committed to provide the Service in accordance with the provisions in the Service Charter, available on the website. Who's Calling will not be liable for any delays, defects and / or interruptions of the Service caused by: (a) force majeure, (b) tampering or intervention with the Service by the Customer or by unauthorised third parties, (c) the incorrect use of the Service by the Customer, (d) problems caused by the Wi-Fi network, the ADSL or other communications networks and / or connectivity used by the Customer or failure of the hardware or software of the customer.
4.3 Who's Calling will also not be liable to the Customer, and to the entities connected to the Customer for damages or costs incurred as a result of suspension or discontinuance of the Service unless directly attributable to willful misconduct or gross negligence of Who's Calling. The Customer undertakes to inform Who's Calling of any malfunction.
5. Improper use of the Services, Suspension and Termination of Contract
5.1 The Service is provided to you for your personal, non-professional and / or commercial use. You shall not use the Service to carry out communications that may cause damage or disruption to communications operators, to others in general or violate the laws and regulations in force. In any case, the customer assumes full responsibility for any use of the Service by a third party and shall take the necessary precautions.
5.2 The Customer warrants that any communication made with the Service shall be under his/her sole responsibility, that the service shall not be used against the laws or to offend or infringe the rights of third parties and he/she shall be obliged to indemnify and hold harmless Who's Calling from any prejudicial consequences.
5.3 Who's Calling may suspend the Service fully or partially at any time, without notice, in the event of failures of the network, technical equipment, personnel or other operators. Who's Calling may suspend the service if the public or private authorities indicate improper use of the same, in the event that a traffic crash or problems with particular numbers are registered and in the event of commercial use or use contrary to the laws or the Contract.
5.4 Who's Calling may terminate this Contract by written notice sent by fax or electronic mail, if the Customer uses the Service: (i) in such a way as to alter the features and / or the rate profile, (ii) in breach of the obligations contained in Articles 2, 3, 6, and (iii) when used contrary to law.
6.1 Notices to Customer shall be made at the address communicated in the registration. Who's Calling reserves the right to make the communication by email or other contact details provided by the customer.
7. Events relating to the Contract
7.1 Who's Calling may modify this Contract at any time by notifying the customer via email. When the changesare negative, Who's Calling will provide a 30 day notice period during which the customer may cancel the terms of the preceding sections. Upon expiry of that period, the changes will be deemed accepted by the Customer. The Customer may not assign the Contract.
8. Applicable Law and Jurisdiction
8.1 This Contract and the obligations arising from it are entirely subject to European laws even if performed wholly or partly abroad. Any disputes concerning the interpretation or execution of this Contract shall be settled by the Court of the Country in which the consumer has his residence or elected domicile.
For purposes related to the provision of the service Who's Calling, Marakonsulting SARL, processes the information you provided and it acquired during the execution of the service.
The data controller of your data is Marakonsulting SARL through its legal representative. The complete personal data processing list and third party recipients of communications is at your disposal at the offices of Marakonsulting SARL.
Who's Calling uses appropriate procedures to protect your privacy and the personal data you provided for purposes connected and required to deliver the service.
Who's Calling takes the technical / organisational precautions provided by law to protect your personal data and traffic data provided or collected. The personal and traffic data can only be accessed by authorised personnel. In particular, the processed data required to deliver the Service, in addition to their purposes, will also be used to transmit information to companies that perform necessary functions for the service and / or operate databases relating to the protection of credit risk.
Data transmitted automatically to the server in the activation phase are: DeviceID, SubscriberId, SimSerialNumber, SimCountryCode, Manufacturer, Brand, Product, Model, ScrenResolution, Api version, Language, Application version.
The app sends to the server statistics on the number and type of calls received.
The app sends to the server error messagges. Your telephone number is not transmitted or saved. Only in this case the phone number of the incoming call will be forwarded to the server.
The sending of the statistics and errors can be disabled. Help us improve our service, please give us feedback or report an anomaly.
Your phone number is never transmitted or saved.
The app NOT tells the server your phone number, e-mail or other data except those specified or freely entered.
Not with standing the above, Who's Calling will never give your information to a third party without your explicit consent, unless it is imposed by law and / or required by the competent authorities.
The main purposes for which the data indicated will be used are largely automated and computerised, while respecting the rules of confidentiality and security required by law. The data will be kept under the terms of the law at Who's Calling and processed by employees and / or professionals in charge, who carry out these activities under direct supervision and responsibility. In the event that you refuse to consent to the necessary data processing described above, Who's Calling will not be able to provide the service.
Changes may be made to this Policy at any time, we encourage you to periodically review this document. Who's Calling will inform you of the changes by publishing the revised Privacy Statement at www.tellmewhoiscalling.com/app/privacy.asp