Terms of Use

Privacy Policy
This is the Privacy Policy of SmartCall Media, Inc.

This is the official privacy policy and statement of California privacy rights ("Privacy Policy") of smartcallmedia.com and related websites (collectively, the "THE SMARTCALL WEBSITE", or "Website") and is part of and subject to the terms of use for THE SMARTCALL WEBSITE (the "Terms of Use"), which can also be found at THE SMARTCALL WEBSITE. Any terms that are not defined in this Privacy Policy shall have such meanings as are set forth in the Terms of Use. By using THE SMARTCALL WEBSITE, or any of the updates and by providing information through or at THE SMARTCALL WEBSITE, you acknowledge that you have read and understood this Privacy Policy and agree to be bound by its terms and conditions. If you do not agree to the terms and conditions of this Privacy Policy, do not use THE SMARTCALL WEBSITE, or provide any information through or at THE SMARTCALL WEBSITE.

This Privacy Policy is intended to apply only to the Personal Information collected by the SmartCall Media, Inc. (SMARTCALL) as a result of your use of or registration with THE SMARTCALL WEBSITE and does not cover any information collected in any other manner, for any other purpose or by any other web site or enterprise. For purposes herein, when we refer to Personal Information, we mean information such as your name, address, telephone number, blog or other personal website URL, date of birth, e-mail address and any other information that would allow someone to identify you or contact you. Personal Information also includes information about your personal preferences, survey responses and your transactions or relationship with THE SMARTCALL WEBSITE, if you have been a user or you have provided this type of information to SMARTCALL. Your provision of such Personal Information may enable you to participate in beta tests, contests, promotions, trial offers, chat rooms, on bulletin boards, to receive text messages and/or emails, to complete a registration, to subscribe to newsletters or mailing lists, or to purchase products, content and services using THE SMARTCALL WEBSITE.

SMARTCALL reserves the right, without advance notice to you, to revise this Privacy Policy at any time by posting the revisions and/or the revised Privacy Policy on THE SMARTCALL WEBSITE. Such revisions shall be effective to you immediately upon posting. SMARTCALL encourages you to check this Privacy Policy and our Terms of Use often for updates. SMARTCALL may also e-mail you about any changes to this Privacy Policy when they have been made. Keeping the Personal Information you share with us on THE SMARTCALL WEBSITE secure and ensuring your understanding of how SMARTCALL collects, uses, discloses and maintains your Personal Information is important to SMARTCALL. SMARTCALL endeavors to maintain reasonable physical, electronic and procedural safeguards to protect your Personal Information.

THE SMARTCALL WEBSITE is offered and made available only to users 13 years of age or older and if you are not yet 13 years old, or your use of our THE SMARTCALL WEBSITE is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions of our Terms of Use, please discontinue using THE SMARTCALL WEBSITE immediately because by using or attempting to use THE SMARTCALL WEBSITE, you are certifying that you are at least 13 years of age and meet all other eligibility requirements for your use of THE SMARTCALL WEBSITE.

In the event that SMARTCALL or our affiliates unknowingly send an e-mail or other message to a child (a person under the age of 13 years) who has improperly registered with THE SMARTCALL WEBSITE, the child or the child's parent or legal guardian always have the right to unsubscribe (opt-out) from receiving future e-mails or text messages using the opt-out (e.g., unsubscribe) mechanism contained in the e-mail or message, or to request termination of the child's registration and status as a registered user with THE SMARTCALL WEBSITE.


THE SMARTCALL WEBSITE is designed and targeted to United States ("U.S.") audiences and is governed by and operated in accordance with the laws of "U.S." SMARTCALL makes no representation that THE SMARTCALL WEBSITE is operated in accordance with the laws or regulations or is governed by other nations. If you are located in the European Union or elsewhere outside of the U.S. and you use THE SMARTCALL WEBSITE, you do so at your own risk and initiative and you are responsible for compliance with all of the laws and regulations that apply to you. Please be aware that any Personal Information you provide to SMARTCALL or SMARTCALL obtains as a result of your use of THE SMARTCALL WEBSITE, will be transferred to the U.S and subject to U.S. law. By using THE SMARTCALL WEBSITE, participating in any THE SMARTCALL WEBSITE activities and/or providing SMARTCALL with your Personal Information, you consent to the transfer and processing of Personal Information to the U.S. and in other countries that may not have an equivalent level of protection or a level of data protection considered adequate in the European Union or European Economic Area. Consequently you hereby waive any claims that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction.

All users of THE SMARTCALL WEBSITE are required to provide true, current, complete and accurate Personal Information when prompted and SMARTCALL will reject and delete any entry that SMARTCALL believes in good faith to be false, fraudulent, or inconsistent with this Privacy Policy.

Your continued participation on THE SMARTCALL WEBSITE indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information as described below. SMARTCALL may, from time to time, transfer or merge any Personal Information collected off-line to online databases or store off-line information in an electronic format. SMARTCALL may also combine Personal Information SMARTCALL collects online with information available from other sources, including information received from our affiliates, marketing companies, or advertisers. This Privacy Policy covers all such Personal Information and will remain in full force and effect as long as you are a user of THE SMARTCALL WEBSITE, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.


A California resident who has provided Personal Information to a business with whom he/she has established a business relationship for personal, family, or household purpose is entitled to request information about whether the business has disclosed Personal Information to any third parties for the third parties direct marketing purposes. In general, if the business has made such a disclosure of Personal Information, upon receipt of a request by a user, the business is required to provide a list of all third parties to whom Personal Information was disclosed in the preceding calendar year, as well as a list of the categories of Personal Information that were disclosed.

However, under the law, a business is not required to provide the above-described lists if the business maintains and adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer's Personal Information to third parties for their direct marketing purposes unless (1) the customer first affirmatively agrees to the disclosure or (2) the customer refrains from exercising an option that prevents the disclosure. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of Personal Information and providing a cost free means to exercise that right.

As stated in this Privacy Policy, SMARTCALL does not share Personal information with third parties for their direct marketing purposes unless you agree to such disclosure -- either by opting in to receive information from such a third party, or choosing not to opt out from receiving such information. To prevent disclosure of your Personal Information for use in direct marketing by a third party, do not opt in to such use when you provide personally identifiable information on one of our sites, or, if applicable, opt-out from such use. Please note that whenever you opt in to receive future communications from a third party or refrain from opting out from such sharing, your Personal Information will be subject to the third party's privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use Personal Information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.

All requests sent via postal mail must be labeled "Your California Privacy Rights" on the envelope or post card and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. (Your street address is optional if you wish to receive a response to your request via e-mail. Please include your zip code for our own recordkeeping.) SMARTCALL will not accept requests via the telephone or by facsimile. SMARTCALL is not responsible for notices that are not labeled or not sent properly or do not have complete information.

To all users of THE SMARTCALL WEBSITE, if you have questions about this Privacy Policy, please send an e-mail to [email protected], or you may contact us by regular mail at: SMARTCALL, Attention: Matt Pekarek, 39962 Cedar Blvd, Suite 188 Newark Ca 94560-5326


SMARTCALL collects Personal Information about you when you visit THE SMARTCALL WEBSITE and when you input information, whether you are registering to use any services, features or functions of THE SMARTCALL WEBSITE, participating in promotions, or in the course of any other exchanges of information, transactions and activities. SMARTCALL may use the information SMARTCALL obtains from you, including Personal Information, to tailor your experience on THE SMARTCALL WEBSITE, to display Content SMARTCALL thinks may be of interest to you, or to let SMARTCALL customize what you see when you visit THE SMARTCALL WEBSITE according to your preferences.

It is your responsibility to give SMARTCALL current, complete, truthful and accurate information and to keep the Personal Information that you provide to SMARTCALL up to date. SMARTCALL cannot and will not be responsible for any problems or liability that may arise if you do not give SMARTCALL accurate, truthful or complete information or you fail to update the information you give SMARTCALL.

You are solely responsible for maintaining the strict confidentiality of your user name and password and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You are solely responsible and liable for your activity, behavior, use and conduct on THE SMARTCALL WEBSITE and for any use of the website or any other activity or conduct in connection with THE SMARTCALL WEBSITE, by any others who use your user name or password, unless and until you notify SMARTCALL that your user name or password may have been compromised, misappropriated or improperly taken, or used by another party. Bear in mind that when you submit information to SMARTCALL, it does not guarantee that SMARTCALL will permit you to use any or all of the features of functions of THE SMARTCALL WEBSITE.


When you register with THE SMARTCALL WEBSITE, you are required to provide SMARTCALL with your e-mail address, as well as additional Personal Information. SMARTCALL will allow you to change the password portion of your User ID, as well as certain other Personal Information you have given SMARTCALL in order to keep your information current, but once you select a user name you will not be able to change that user name you have given SMARTCALL during registration and which is associated with your User ID. Among other things, these kinds of information help SMARTCALL securely identify you as a registered user of THE SMARTCALL WEBSITE and those services, features and functions you have registered or are otherwise authorized to use (e.g., Communities, User Submission). As a registered user of THE SMARTCALL WEBSITE, from time to time, SMARTCALL may also provide you with certain options to opt-in to subscribe to e-mail newsletters and other periodic information. You will also have the right to opt-out or change your preferences at any time by logging in with your User ID and changing the settings in your account or you can opt-out or unsubscribe to particular e-mail communications by responding to that e-mail and using the 'unsubscribe' or opt-out procedure included in that communication.

If you are a registered user, you acknowledge, understand and agree that you are giving SMARTCALL your consent to track your activities, your use of THE SMARTCALL WEBSITE and its functions and features, and agree to this Privacy Policy and our Agreement with you.


SMARTCALL may ask you to provide your credit card and billing information. Before providing you goods, content, products, memberships or services requiring payment, SMARTCALL must verify that the credit card you provide to SMARTCALL is valid. All of this information is used for credit purposes and is shared with third parties only as necessary for the processing of payments. All credit card information is handled over secure, encrypted connections provided it is submitted by the user through the normal registration process; however, SMARTCALL does not guarantee that unauthorized access will never occur.


Registration may not always be required to enter Promotions such as contests and sweepstakes on THE SMARTCALL WEBSITE. These may have a separate registration or entry process and may require your submission of Personal Information. The entry page and/or Rules will provide the specific requirements for the Promotion involved. You may also have the opportunity to opt-in to special offers from our advertisers in connection with many of these types of Promotions.


SMARTCALL may contact THE SMARTCALL WEBSITE registered users or others that have registered for or participated in various THE SMARTCALL WEBSITE Promotions, transactions or events, or send offers for the purchase of goods and/or services that may of interest to users. You may opt out of receiving marketing and promotional e-mails from SMARTCALL at any time by logging into THE SMARTCALL WEBSITE as a registered user with your User ID and editing the preferences and selections available to you and the information associated with your account. You can also use the opt-out mechanism that is contained in the e-mails SMARTCALL sends you. However, SMARTCALL may continue to contact you via e-mail for administrative or informational purposes, including follow-up messages regarding the administration of your registration, any services, features or functions you have enrolled or registered to use, any Promotions you have participated in or have entered, goods or services you have ordered or other transactions you have undertaken with THE SMARTCALL WEBSITE.


SMARTCALL may from time to time request that you participate in polls and/or surveys. The information you provide to SMARTCALL if you participate in such polls or surveys is provided voluntarily by you. If you participate in polls or surveys, you do so with the understanding that SMARTCALL reserves the right to store the information you provide and to use such information for the general improvement of THE SMARTCALL WEBSITE.


Some of the aggregate data SMARTCALL collects in connection with THE SMARTCALL WEBSITE may be shared with advertisers and other business partners of SMARTCALL and/or its affiliates, but SMARTCALL does not give any Personal Information to them as part of the relationship except as described in this Privacy Policy. Use of their tracking technology is subject to their own privacy policies.


If you use any of the community features and functions that may be made available on or through THE SMARTCALL WEBSITE, please remember that any information disclosed in these venues is automatically made public. You should exercise caution when disclosing any Personal Information in such communities, as you do not know who will access and use your Personal Information or for what purposes. SMARTCALL will be in no way responsible for the accuracy, use, or misuse of any information that you disclose or receive through these venues, if any, and you should assume that any disclosure you do make in these venues will be available publicly, even without your knowledge or authorization. Additionally, to the extent that THE SMARTCALL WEBSITE may have certain features that allow you to send information to others, SMARTCALL may monitor such messages via electronic software or personnel to check for obscenity, defamation or other types of abusive language, as well as for content that may infringe SMARTCALL's rights or the rights of others, all of which we may remove at any time. SMARTCALL will not otherwise access these messages except in certain cases, including but not limited to times when we receive specific complaints related to a particular message or are compelled to do so by law. Also for administrative purposes, SMARTCALL may opt to keep a mail log that will include a record of which users sent messages and to which users or email addresses they were sent. We will use the addressee information you enter only to send the emails you request.

When you visit THE SMARTCALL WEBSITE, SMARTCALL may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. SMARTCALL uses 'cookie' technology to collect data regarding your visits to THE SMARTCALL WEBSITE. This data is stored in aggregate form and is not used to identify any particular user or individual. SMARTCALL uses cookies and similar tracking technologies in a variety of ways. SMARTCALL uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of THE SMARTCALL WEBSITE may not function properly if the ability to accept cookies is disabled.

When you use THE SMARTCALL WEBSITE, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.

When you use THE SMARTCALL WEBSITE, we may employ "clear GIFs" (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients.
Although SMARTCALL may track the numbers of visitors to inform SMARTCALL on how best to improve and update THE SMARTCALL WEBSITE and enhance the experience for all visitors, Personal Information is not extracted in this process. SMARTCALL uses tracking information on an aggregated basis to help SMARTCALL operate THE SMARTCALL WEBSITE, enhance and improve SMARTCALL's service, improve the look of THE SMARTCALL WEBSITE and display advertising and marketing information.


THE SMARTCALL WEBSITE may contain advertisements, references and links to other websites and organizations. SMARTCALL may also use third parties to display or serve advertising on THE SMARTCALL WEBSITE and web-based newsletters or other communications which you may choose to receive. Often these third party advertisers employ cookie and web bug technologies to measure advertising effectiveness. You should be aware that different rules might apply to the collection, use or disclosure of your information by third parties in connection with their advertisements, promotions and other websites you encounter on the Internet. The use of such technology by these third parties is within their control and not in the control of SMARTCALL. Even if SMARTCALL has a relationship with the third party, SMARTCALL does not control their sites or their policies and practices regarding your Personal Information. This Privacy Policy does not cover any use of Personal Information that an Advertiser or ad server may collect from you. SMARTCALL encourages you to investigate and ask questions directly of them in this regard.


Registered users that submit User Submissions in accordance with our Terms of Use and related agreements agree to have certain Personal Information posted on THE SMARTCALL WEBSITE in connection with the display of the user's audio or video content which make up such User Submission. Registered users that submit/upload User Submissions (including audio or video content) may also be required to submit additional Personal Information. SMARTCALL respects the privacy of the contents of users' e-mail and User Submissions. However, SMARTCALL must reserve the right to monitor, edit, and disclose your use of THE SMARTCALL WEBSITE, information pertaining to any e-mail or User Submission or its contents to a third party, particularly if SMARTCALL believes such action is required by law or is necessary to protect and defend our rights, to enforce this Privacy Policy or our Terms of Use, or to protect the interests of our users, affiliates, advertisers, suppliers, service providers and others.


SMARTCALL does not sell, rent, lease or disclose your Personal Information to unaffiliated entities or entities that are not our advertisers, except in the limited circumstances listed below. When SMARTCALL plans to disclose your Personal Information to advertisers, SMARTCALL will ask you to opt-in to do so, in which case their use of your information is subject to the advertisers' own privacy policies. SMARTCALL may disclose Personal Information to affiliates for marketing or administrative purposes.


SMARTCALL retains the right to disclose your Personal Information to third parties for the purpose of administering and maintaining THE SMARTCALL WEBSITE services, features, functions and operations. SMARTCALL will refer to these third parties as "operational service providers" and SMARTCALL uses operational service providers to efficiently provide the full range of Content and the services, features and functions we bring you and we request that our operational service providers also protect your privacy and not disclose your Personal Information to third party marketers that are not associated with THE SMARTCALL WEBSITE. Additionally, such operational service providers are not permitted to use your Personal Information for their own marketing or promotional purposes.


SMARTCALL will make your Personal Information available to non-affiliated third parties in the following limited circumstances:

- When SMARTCALL is compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process);
-If SMARTCALL believes your actions violate any law, regulation, our Agreement, this Privacy Policy, or any of our other terms and conditions, rules, offerings or any other services, features or functions of THE SMARTCALL WEBSITE, or if you threaten the rights, property or safety of THE SMARTCALL WEBSITE, its affiliates, or any of its or their service providers, suppliers, advertisers, customers, users, registered users or any other party;
- If, in its sole discretion, SMARTCALL believes such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries, to protect SMARTCALL's business and assets, to defend SMARTCALL's interests and/or to comply with our legal and regulatory obligations;
-or in the event of a bankruptcy, merger, acquisition, transfer of control, joint venture or other business combination involving SMARTCALL.


SMARTCALL maintains reasonable standards of security and confidentiality. However, for most Internet sites, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. SMARTCALL also limit access to THE SMARTCALL WEBSITE by our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. SMARTCALL requests that our service providers follow the same policy.


Generally, you may review, update or delete your Personal Information collected by THE SMARTCALL WEBSITE. You may also correct factual inaccuracies. However, Personal Information that is necessary to check eligibility cannot be deleted, but can be modified with sufficient verification of the correct information. Deletion or attempted deletion of certain Personal Information, such as your user name, may not be permitted and/or may result in suspension or termination of any registration you may have made. To review, update or delete your Personal Information collected by THE SMARTCALL WEBSITE, please go to your account page from either the Liveatthegig.com home page or any of the links to edit your preferences or the information associated with your account on THE SMARTCALL WEBSITE.

If you wish to review Personal Information collected for Promotions such as contests and sweepstakes, you will need to send an e-mail to [email protected], or you may contact us by regular mail at: SMARTCALL, Attention: Matt Pekarek, 39962 Cedar Blvd, Suite 188 Newark Ca 94560-5326. Personal Information collected for certain Promotions, such as contests or sweepstakes entries are subject to corporate and regulatory recordkeeping requirements and will not be deleted upon the user's request unless the entrant is a child under the age of 13 years old.

Parents (including legal guardians) of children that registered on THE SMARTCALL WEBSITE in violation of the Terms of Use who wish to terminate their child's registration must send us an e-mail at [email protected] and provide us with their child's User ID or alternatively, a parent must provide verifiable identification that they are the parent of the ineligible child. Children under the age of 13 that are unknowingly registered on THE SMARTCALL WEBSITE are in violation of our Terms of Use. SMARTCALL will not allow direct access to a user's registration and Personal Information by any person without the user's User ID (Please see above for how to change your preferences or the information associated with your account). If a parent does not have his or her child's User ID, the parent will be required to send an e-mail to [email protected], or you may contact us by regular mail at: SMARTCALL, Attention: Matt Pekarek, 39962 Cedar Blvd, Suite 188 Newark Ca 94560-5326. Note, you must include the parent's name, address, telephone and e-mail address, in addition to the child's name and e-mail address associated with the child's User ID registered on THE SMARTCALL WEBSITE, plus the child's date of birth. SMARTCALL will send a confirming e-mail to the parent via the e-mail address provided to verify that the parent wishes to terminate his or her child's registration. The parent must then confirm by sending a reply e-mail to the designated return address. SMARTCALL will then terminate the child's account but will notify the child of the termination request via e-mail and will identify the name, address and e-mail address of the person making the request.


SMARTCALL reserves the right to deny access, use and registration privileges to any user, including, without limitation, a registered user of any services, features or functions of THE SMARTCALL WEBSITE, if SMARTCALL believes there is a question about the identity of the person trying to access any services, features or functions of THE SMARTCALL WEBSITE. If the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such information. In such cases, SMARTCALL will provide to you an explanation of why access cannot be provided and a contact person for further inquiries.


If you have questions about this Privacy Policy or if you do not understand any information about how SMARTCALL collects, maintains, uses or shares your personally identifiable information, you may email SMARTCALL at webmaster or via mail to, SmartCall Media, Inc., Attention: Matt Pekarek, 39962 Cedar Blvd, Suite 188 Newark Ca 94560-
Effective Date: January 1st, 2007



Automated Surveys
Call Transfer
Custom IVR
Lobby (control the message)


Voice Broadcasting
Virtual Predictive
Emergency Notification
Voice Broadcast for Schools
Reminder Alerts
Direct Mail



Call Tracking
Call Routing & Queuing



PBX Testing
Circuit Testing
Load Testing