Terms / Privacy Policy

 

Terms of Service

The Fanytel services are provided by Zeust Limited, a company incorporated under the laws of Cyprus Republic, with registered address 1 Avlonos Street, Maria House, 1075 Nicosia, Cyprus. (“Fanytel”, “us”, “our” or “we”).

These terms of service comprise the terms and conditions set forth below and any additional terms and conditions provided on the Site (as defined below) including but not limited to Fanytel’s privacy policy (together the “Terms of Service”) and govern the use of the Services (as defined below) provided to you by Fanytel, or otherwise the relationship between you and Fanytel in connection with the Services.

Important notice:

  •  If you do not agree to the terms and conditions of the Terms of Service, we will not license the App or other parts of the Services to you and you must stop using the App, the Site and the Services now.
  • If you are residing in a jurisdiction where it is prohibited by law to offer or use internet telephony or other parts of the Services which we provide, you may not use the Services in such jurisdiction.
  • NO EMERGENCY CALLS – The App and other parts of the Services are not intended to replace your ordinary or fixed line telephone services. As such, the App and other parts of the Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind. Neither are they intended to support calls to operator or directory enquiry services. Fanytel is not liable in any manner for such calls. You must ensure that you, or anyone using your Device, have alternative arrangements for making any such calls.

 

1. ACCEPTANCE OF TERMS OF SERVICE

You agree to be bound by the Terms of Service when you click accept in the sign-up flow. If you do not agree to the Terms of Service, you may not activate or use the Services. Once accepted the Terms of Service constitute a binding agreement between you and Fanytel. In addition, by downloading the App from App Store or Google Play you agree to the applicable terms of the license of Apple and Google which will bind you.

Fanytel may make changes to Terms of Service from time to time. Fanytel will publish the changes at the Site. The changes will be effective when published. Please review the Terms of Service on a regular basis. You understand and agree that your express acceptance of the amended Terms of Service, or if you continue to use the Services after the date of publication, shall constitute your agreement to the updated Terms of Service. You agree that if you do not accept any amendment to the Terms of Service then you shall immediately stop accessing and/or using the Site, App or any other part of the Services.

 

2. THE SERVICES

Fanytel works hard to offer you cheap international calling services.

The Fanytel App will allow you to make outbound international calls to conventional telephone numbers around the world. The calling services enable you to place outbound, internet-based voice calls to the public switched telephone network terminating on both fixed and mobile telephony networks. In providing services, Fanytel is using a combination of internet routing. We can offer termination in several countries around the world, but we can’t guarantee that we support termination in all countries or to all phone numbers or that we always will support termination to any particular country or phone number. We make no representation that our Services are available for use in any particular location.

In addition to the services described above, as a registered Fanytel customer you may also use our mobile top up service through which we provide you with the possibility to transfer pre-paid airtime value (for communication or data transmission capacity) to a phone subscription account registered on an end user with certain mobile networks operators in certain countries (as further described below and on the Site) (hereinafter the “Mobile Top Up Services”).

These communication services and all other services, products, features, functionalities and/or interactions as set forth in this document or presented on the Site or otherwise provided or made available to you by Fanytel from time-to-time, as well as the App and the Site shall collectively be referred to in these Terms of Service as the “Services”.

2.1 Intellectual property rights, licenses etc.

In consideration of you agreeing to abide by the terms and condition of the Terms of Service, we grant you a limited, non-transferable, non-sub licensable, non-exclusive, revocable license to use the App, the Site and other parts of the Services provided or made available to you by Fanytel. You may download a copy of the App onto a Device which you control and to view, use and display the App on the Devices for your personal purposes only. We reserve all other rights.

Not limiting the aforesaid, in relation to the App, we license the use of the App to you on the basis of the Terms of Service and subject to any rules or policies applied by Apple Inc. and/or Google Inc., or any other entity within the Apple or Google group (“Apple” and “Google”). We do not sell the App to you. We remain the owners of the App at all times.

You may not copy, modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the Software, the App, Site or, to the extent applicable, any other part of the Services (or permit or assist any third party in such activities). You must not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Software.

The Software may contain open source software. Any use, reproduction and distribution of components of the Software licensed under an open source software license is governed by the terms of such open source software license, however to the extent permissible thereunder and otherwise if applicable, the Terms of Service shall apply with priority over such open source software license.

You acknowledge that you have no right to have access to the App or other parts of the Services (where applicable) in source-code form.

All ownership and intellectual property rights in or to the Software, the App, the Site or, to the extent applicable, other parts of the Services and any copies and derivative works thereof (regardless of form or media in or on which the original or other copies may exist), including but not limited to patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how, shall be owned by and vested in Fanytel, or Fanytel’s licensors, and nothing in these Terms of Service shall constitute or be interpreted as a transfer of any such rights from Fanytel to you or anyone else. You are, as stated above, solely entitled to the limited license to the Services specifically granted under this the Terms of Service. For the purpose of clarification; nothing in these Terms of Service give you a right to use any of Fanytel’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, except as may be contained in or otherwise used within the Services provided to you.

2.2 Use of the Services

You agree to use the Services only in such way that is permitted by the Terms of Service and to act in compliance with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including without limitation any applicable export laws and regulations).

It is your responsibility to ensure that you are legally allowed to use the Services where you are located. If any laws applicable to you restrict or prohibit you from using the Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services.

You acknowledge and understand that the voice communication service provided by Fanytel is not a traditional telephone service or a replacement for your primary telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between the traditional telephone service and the voice communication services provided by Fanytel.

You acknowledge that the products, features or functions or other parts of the Services may change over time. Fanytel may without prior notice to you change the form and nature of the Services. This could mean, among other things, that future versions of the Software or the App may be incompatible with applications developed on or with previous versions. Furthermore, Fanytel may. in Fanytel’s sole discretion and without prior notice to you, stop (permanently or temporarily) providing the Services to you or to users generally. Fanytel may make updates of the Software, the App or other parts of the Services at any time, but shall have no obligation what so ever to provide any such updates to you. It is your responsibility to use the latest available version of the Software, App or other parts of the Services (where applicable).

You agree that you are solely responsible (and that Fanytel has no responsibility to you or any other third party) for any data, content, or resources that you transmit by using the Services, and for the consequences of such actions (including any loss or damage which Fanytel or any third party may suffer).

2.3 Jurisdictional restrictions

If you are residing in a jurisdiction where it is prohibited by law to offer or use internet telephony or other parts of the Services, you may not use the Services in such jurisdiction. It is your responsibility to ensure that you are legally allowed to use the Services where you are located.

2.4 Third party services

You acknowledge that the use of the Services is dependent upon services of third parties, including but not limited to international carriers, local termination partners and your local telecom and mobile operator (“Provider”). You acknowledge and agree that the Services provided by us are not a traditional mobile or fixed line telephone service or a replacement for your primary telephone service. Note that some Providers prohibit or restrict the use of Voice over Internet Protocol (“VoIP”) functionality or other features of the Services, and may also impose additional fees in connection with the use of the Services. You are solely responsible for verifying with your mobile operator (or any other Provider that you are using in relation to the use of the Services) that the use of the Services is permitted in accordance with any contractual obligations you may have with that Provider, and also to check and pay for such imposed additional fees. Note that, as soon as your call is connected to a phone number provided by Fanytel, the call may be charged by your Provider, regardless of whether you are connected to the receiver of the call or not (i.e. even if the line is busy).

You acknowledge and understand that the Services provided by us are not a traditional mobile or fixed line telephone service or a replacement for your primary telephone service.

In relation to our Mobile Top Up Services, please note that once the Mobile Top Up transaction is completed, Fanytel has no control over the pre-paid airtime value and that the terms and conditions of the recipients local mobile network operator will apply in respect of the end user’s consumption of such pre-paid airtime value.

2.5 Your Account

In order to use the Services, you are required to register as a user with Fanytel. You agree to provide true, accurate, up-to-date and complete information in all fields indicated as mandatory when registering for the Services, as well as any additional information provided or any amendments made by you. Subject to such registration you will receive access to your Fanytel account (the “Account”).

You are fully responsible towards Fanytel for all (including any fraudulent) use of the Services which is or can be connected to your Account.

2.6 Unauthorized use, stolen device

You are solely responsible for all activities that occur on or otherwise is associated with you Account, regardless of whether the activities are undertaken by You or a third party and whether or not authorized. Fanytel is not responsible for any unauthorized access to the Account. You are required to contact Fanytel immediately to suspend the Services and block your Account if you suspect that your mobile phone or other device you are using the Services on (“Device”) is stolen or otherwise that an unauthorized third party may be using the Account or if your password/PIN or any other account information is lost or stolen. You are responsible for all charges to your Account until the Services are suspended and the Account is blocked. You may terminate the Account and cancel the Service at any time in accordance with Section 4 “Termination and suspension”.Fanytel takes no responsibility for your failure to comply with the obligations in this Section 2.6 “Unauthorized use, stolen device”.

2.7 Prohibited use and restrictions

You agree to use the Services only in such way that is permitted by the Terms of Service and to act in compliance with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. If any laws applicable to you restrict or prohibit you from using the Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services. The list below provides examples of prohibited conduct and shall not be considered exhaustive – You may not and you agree not to:

  • use the Services for any unlawful purpose, or in any manner inconsistent with the Terms of Service, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Services or any operating system;
  • infringe Fanytel’s intellectual property rights or those of any third party in relation to your use of the Services (to the extent that such use is not licensed by these Terms of Service);
  • transmit any communications that is defamatory, offensive or otherwise objectionable in relation to your use of Services;
  • not use the Services for transmitting unsolicited communications (sometimes referred to as “spam”), or any communication not permitted by applicable law or use the Service for the purposes of phishing or harming or impersonating or misrepresenting affiliation with another person or entity;
  • not use the Services in a way that could damage, disable, overburden, impair or compromise Fanytel’s or any third party’s systems or security or interfere with other users;
  • collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services;
  • submit or post to the Site, or otherwise expose any third party to or use any material or content which infringe any third party’s intellectual property rights or violate the rights of any third party;
  • submit or post to the Site, or otherwise expose any third party to any material or content which is illegal, offensive, indecent, harmful to minors, defamatory, racist, pornographic or otherwise, in Fanytel’s sole discretion, is objectionable;
  • intercept or monitor, damage or modify any communication which is not intended for you;
  • use the Services (or any part thereof) within or to provide commercial products or services to third parties (the foregoing shall not preclude you using the Services for your own business communications); and/or
  • use the Account, Site, App, Software, or parts of the Services in any fraudulent way.

In relation to the Fanytel’s unlimited deals the following should be noted in particular. These deals offer unlimited outbound international calling services as set forth herein and on the Site. You acknowledge and agree that the Fanytel’s unlimited deals are intended only for normal, single-person and non-commercial use to regular landline and mobile numbers in certain applicable subscription countries (by way of example special, premium, service and non-geographic numbers are excluded).

Not limiting the generality of the aforesaid, the following practices are always considered unauthorized use: re-selling subscription minutes; sharing subscriptions between users; using subscriptions for telemarketing or call-center operations; calling numbers (whether singly, sequentially or automatically) to generate income for yourself.

Unusual calling patterns inconsistent with normal, individual subscription use may also be considered unauthorized use. Fanytel reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. Excessive conferencing or call forwarding, excessive numbers of regular calls of short duration, calls to multiple numbers in a short period of time, auto-dialing or fax/voice blasts, use without live dialogue and/or consistent excessive usage will be considered indicators of such unauthorized or excessive use.

Fanytel may, at its option, immediately suspend the Services in relation to you and/or terminate the Terms of Service with you if Fanytel determines you are using your unlimited deal in breach of the Terms of Service.

In relation to the Mobile Top Up Services, you acknowledge that there may be maximum thresholds for the aggregate value that you may transfer at any given point in time.

2.8 Submission of information to Fanytel

You agree that any comments, suggestions, feedback, documents, content or other material or information provided, shared, published by you in connection with the use of the Services or otherwise in your contacts with Fanytel (including but not limited to, the use of blogs, forums and support websites) is provided on a non-proprietary, non-exclusive and non-confidential basis. You grant Fanytel a royalty-free, world-wide, transferable, sub-licensable, perpetual and irrevocable license to use any such material or information. You acknowledge that you are responsible for whatever material or information is provided by you, including its legality, reliability, appropriateness, originality and copyright.

2.9 Disclosure of information

Fanytel reserves the right at all times to disclose any data or information (in any form) as Fanytel deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in Fanytel’s sole discretion.

2.10 No warranties

You expressly acknowledge and agree that use of the Services are at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Services are provided “as is” and “as available”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of the Services or that the Services will be uninterrupted or error-free, or that defects in the Services will be corrected. No oral or written information or advice given by us shall create a warranty. Should the service cause any defects, you assume the entire cost of all necessary servicing, repair or correction. Additionally, you also understand that Fanytel cannot guarantee that information or communications transmitted in relation to the use of Services will not be subject to interception by law enforcement officials or other third parties.

2.11 Suspension and interruption of the Services

Fanytel has the right, without any liability, to refuse to provide, restrict, limit, change, remove, disable, suspend and/or interfere or interrupt the Services or any part thereof, at any time and without any prior notice to you, for the repair, improvement, and/or upgrade of the Service, or for any of the reasons for termination set forth in the Terms of Service, or any corporate or business reason.

2.12 Content of communication

The content of the communications made using the Services are entirely determined by the person from whom such content originates. You may therefore be exposed to content that is offensive, harmful, indecent or otherwise objectionable. Fanytel will not be liable for any type of communication spread by means of the Services.

2.13 No emergency calls

The Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and Fanytel is not liable in any manner for such calls. In the event that, with your permission, another user uses your Account, you are responsible to inform that user that the Services do not support or carry emergency calls. You must ensure that you, or anyone using your Account/Device, have alternative arrangements for making any such calls.

2.14 Phone numbers provided by Fanytel

Phone numbers are offered on pre paid basis and when a customer fails to pay for the next billing interval the telephone number will be canceled. Fanytel does not warrant and represent that the telephone numbers will be reachable from all mobile and fixed networks. The phone numbers provided by Fanytel do not and are not intended to support messaging via SMS, MMS nor FAX.

2.15 Mobile Top Up Services

Fanytel provides you with the possibility to transfer pre-paid airtime value (for communication or data transmission capacity) to a phone subscription account registered on an end user with certain mobile networks operators in certain countries on the terms and conditions set forth on the Site or otherwise in these Terms of Service (“Mobile Top Up Services”).

By accessing the Site, you will be able to purchase Mobile Top Up for transfer, in such denominations and amounts as are displayed in the user interface (from time to time), for transfer to the receiving end users. Please note that there may be maximum thresholds for the aggregate value that you may transfer at any given point in time. All values available for Mobile Top Up are stated VAT inclusive (if applicable) and inclusive of Fanytel’s service charges.

Once the Mobile Top Up has been successfully completed, which will be notified to you, the value transferred cannot be refunded or removed from the receiving MSISDN. Please note that Fanytel does not assume any liability should you send Mobile Top Up to the wrong MSISDN.

We will notify you if a Mobile Top Up transaction should not be successfully completed. A transaction can either (i) fail, meaning that the reservation of the charges to your credit card will be released, or (ii) be pending, meaning that the transaction is in progress (which may continue up to 24 hours) during which time the charge will remain reserved against your credit card, but not yet been debited (and no Mobile Top Up value will reach the receiver MSISDN).

Should it come to your knowledge that a Mobile Top Up initiated by you, the cost for which has been charged to your credit card, has not reached the MSISDN identified by you, you shall notify Fanytel within reasonable time and provide us with underlying documentation evidencing the cost which was debited your credit or debit card, and identifying the MSISDN to which your ordered the Mobile Top Up. We reserve the right to charge you any costs which we may have for crediting value to your credit or debit card, if Mobile Top Up has not been successfully completed and such failure has been caused by you.

 

3. PAYMENT, DELIVERY, RATES AND ACCOUNTS

3.1 Payment

In order to purchase credits for the Services (including airtime value for Mobile Top Up Services) and to charge your Account you shall pay Fanytel the rates (offers, deals, plans or similar) as stated on the Site or in the App, by use of such payment setups and methods made available to you by Fanytel from time to time.

All payments are processed via a third party payment processor (“Payment Processor”). You agree to provide complete and accurate payment information and further agree that the processing of payment transactions is subject to the terms, conditions and policies, including privacy policies, of the Payment Processor and your credit or debit card issuer.

Fanytel Credit Card payments will appear as Zeust Limited on your bank or card statement.

3.2 DELIVERY

Upon obtaining and Online Payment’s order, Fanytel will confirm the purchase and generate a related invoice to the customer. The Delivery time of the purchased order is instant but we may review and verify some orders and this can take up to 8 hours. We has the right to refuse and refund some orders for any number of reasons – such as a failure to meet credit check criteria.

3.3 Rates and VAT

The rates for the Services are published on website and inside the Fanytel App. Fanytel reserves the right to change the rates (offers, deals, plans or similar) at any time without notice. The new rates will apply to your next phone call or otherwise the next time you use the Services after the publication of the new rates. If you do not wish to accept such adjustment of rates, do not use the Services. No refunds are available. You agree that by continuing to use the Services, following the adjustments of the rates, you accept such adjustments.

Unless stated otherwise, all rates and charges for the Services shall be stated in US dollars (USD) and shall be inclusive of value added taxes (VAT).

3.4 Minute rounding

The measurement of call duration is based on one-minute increments, meaning that the duration of a call is rounded up to the next minute. For example, if you call for 7 minutes and 10 seconds we will round up the call length to 8 minutes.

3.5 Refund

There is no refund for any prepaid services. However, if you believe that Fanytel has charged you in error, you may request for a refund by submitting a written request in English to Fanytel’s Customer Support at sales@fanytel.com.

3.6 Account and receipt

When you log in to your Account you will find certain information relating to your use of the Services, such as payments made, calling history (during a limited period) and your current balance etc., It is your responsibility to print and/or save copies of your records (invoices, receipt, etc.)

3.7 Expiration of credits

A credit balance on the Account will expire 24 months after the last activity of the Services, meaning that any credit balances that are not used within the aforesaid 24 months period will be lost.

 

4. TERMINATION AND SUSPENSION

The Terms of Service is effective until terminated by you or Fanytel.

You may terminate the Terms of Service (cancel the Account, the Services etc.) by sending Fanytel a termination notice to sales@fanytel.com (the Account will be cancelled within five (5) days of receipt of such notice).

Without limiting any other remedies, Fanytel may at any time modify, limit, suspend, discontinue or terminate your use of all or any part of the Services and/or the Terms of Service, with immediate effect, automatically, with or without notice and without recourse to the courts or other tribunals, for any reason or for no reason, including without limitation, if Fanytel reasonably suspects that you are:

  • in breach of any of the terms and conditions of the Terms of Service
  • you are using the Services to break the law or infringe third party rights
  • you are trying to unfairly exploit or misuse any of our policies
  • you are using the Services fraudulently or that your Account is being used by a third party fraudulently
  • creating problems or legal liabilities (actual or potential)
  • delinquent with respect to any charges due for the Services
  • engaging in fraudulent, immoral or illegal activities
  • subject to any proceeding under bankruptcy, insolvency, liquidation or similar laws
  • sale of the assets of Fanytel or a group company or corporate restructuring
  • fraudulent calling patterns, excessive usage, billing irregularities, or misuse of service promotions or campaigns
  • if required due to a change in laws/regulations by a regulator or authority with a lawful mandate in any particular territory
  • or if required by any of Fanytel’s service providers

You acknowledge and agree that Fanytel is under no obligation to provide the Services, and that Fanytel shall not be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the of the Services and/or the Terms of Service. Fanytel reserves the right to cancel the Account if it has been inactive for more than tow (2) years.

On termination for any reason: all rights granted to you under the Terms of Services shall cease; you must immediately cease all activities authorized by the Terms of Services, including your use of any Services; you must immediately delete or remove the App, the Software and other parts of the Services (where applicable) from all Devices, and immediately destroy all copies of the same then in your possession, custody or control. Fanytel shall execute the termination by preventing you to access the Account or other parts of the Services, where applicable.

 

5. MISCELLANEOUS

5.1 Assignment

Fanytel may assign all or part of the rights and/or obligations under the Terms of Service without notice to you. Fanytel may assign all or part of the rights and/or obligations under the Terms of Service without notice to you. You may not assign any rights or obligations under the Terms of Service to any third party without the prior written consent of Fanytel.

5.2 Limitation of Liability

In no event shall Fanytel and its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider who furnishes services to you in connection with the Services, be liable for any consequential, indirect, special, punitive or incidental damages, or damages for loss of money, data, goodwill, reputation, business information or business profits, business interruption, or other pecuniary loss, that result from the use of or inability to use the Services or otherwise arise under the Terms of Service, even if it has been advised of the possibility of such damages.

In any event, and without limiting the generality of this Section to the extent permitted by law, you agree that Fanytel’s total aggregate liability to you for all damages and losses that arise in connection with the use of or inability to use the Services, or otherwise arise under the Terms of Service, shall not in any circumstance exceed the amount actually paid by you, if any, to us for the Services (including without limitation the Mobile Top Up Services) in the five (5) month period immediately prior to the date of the event giving rise to the relevant claim, subject to a maximum of five thousand (5 000) euros in all cases.

5.3 Indemnity

You agree to indemnify, defend and hold harmless Fanytel and its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider who furnishes services to you in connection with the Services, from any claim or demand or governmental investigation or enforcement action (including without limitation reasonable attorneys’ fees) made by any third party due to or arising out of Your use of the Services (including without limitation posting and submitting of any material), your breach of the Terms of Service, or Your violation of any rights of another person or entity.

5.4 Applicable law and competent court

The Terms of Service shall be governed by and construed in accordance with the laws of Cyprus without giving effect to the conflict of laws or provisions of Cyprus or your actual state or country of residence. Any dispute, controversy or claim arising out of or in relation to the Terms of Service, your relationship with Fanytel, including any non-contractual obligations, will be exclusively subject to the jurisdiction of and be settled by a Cypriot court of general jurisdiction. Notwithstanding the foregoing, Fanytel shall be entitle to bring actions for injunctive relief in any court of competent jurisdiction.

5.5 Entire Agreement

The Terms of Service represent the entire agreement between you and Fanytel relating to the use of the Sites, Accounts and any other part of the Services, and supersedes all prior offers, understandings, agreements and representations with respect to the Service or any other subject matter covered by the Terms of Service. For the purpose of clarification, the Terms of Service supersede all promises made to you by our client services agents, representatives or employees. The Terms of Service may not be modified or amended except as described herein by Fanytel or otherwise with the written agreement of Fanytel.

If a court finds any provision of the Terms of Service to be invalid or unenforceable for any reason, the remainder of the Terms of Service shall continue in full force and effect.

5.6 Headings

Headings used in the Terms of Service are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof.

5.7 Ability to Contract.

You hereby affirm that you are fully able and competent to enter into the Terms and Conditions, and to abide by and comply with the Terms and Conditions.

5.8 Force Majeure

You acknowledge and agree that if Fanytel is unable to provide the Services as a result of a force majeure event, Fanytel will not be in breach of any of its obligations towards you under the Terms of Service or otherwise. A force majeure event means any event beyond the control of Fanytel.

5.9 Communication between us

If you wish to contact Fanytel, or if any condition in the Terms of Service requires you to give us notice in writing, you can send this to us by e-mail to sales@fanytel.com.

Terms of Service was updated: September 2019

 

Privacy Policy

We are committed to protecting your personal data and respecting your privacy. In this Privacy Policy we describe how we collect and process your personal data. The Privacy Policy also describes your rights towards us and how to exercise them.

Please contact us at sales@fanytel.com should you have any questions about this Privacy Policy or in general regarding your personal data.

THIS PRIVACY POLICY IS RELEVANT FOR ANYONE VISITING OUR WEBSITES, USING OUR SERVICES, PRODUCTS OR OTHERWISE INTERACTING WITH US. IT IS IMPORTANT THAT YOU READ AND UNDERSTAND OUR PRIVACY POLICY BEFORE USING OUR SERVICES AND PRODUCTS.

 

1. What information about you is collected, how will we use it and how is it legal for us to do so?

We collect personal data in a variety of ways, such as when you visit any of our websites, download our apps, interact with electronic advertisement, use our services, make a purchase, contact us and use our customer portal.

Categories of personal data we may collect and process:

  • Registration and account information: e.g. your phone number, name, email and, password, time zone, language, currency.
  • Device and connection information: We collect device and connection-specific information when you install, access, or use our services. This includes information like hardware model, operating system information, app version, browser information, and mobile network, connection information including phone number, mobile/phone operator or internet service provider, language and time zone, and IP, device operations information, and identifiers like device identifiers. When you install the Fanytel app, you’ll also be asked to allow us access to your mobile device’s address book.
  • Activity and usage information: e.g. information about your use of our services and other activities in relation to Fanytel, such as information about when you registered to use our services, how you use our services, items you purchase, the features you use, your services settings, the time, frequency, and duration of your activities and interactions (e.g. the phone numbers and/or other identification details of the calling and receiving party, the start time, call duration, messages, mobile money top-ups, delivery notices), log files, and diagnostic, crash, website, and performance logs and reports.
  • Location Information: We collect device location information if you use our location features.
  • Customer support and social media: If you use our Customer Support service, interacts with us on our social media channels or in any other way, we may keep a record of that interaction, including the correspondence such as copies of emails and your email address.
  • Behavioural and tracking details: e.g. location data, behavioural patterns, personal preferences, IP-number, cookie identifiers, unique identifier of devices you use to access and use the services and our websites.
  • Payment information: We collect billing details, name, address, email address, bank details and other financial information corresponding to your selected method of payment. However we will only store name, address, email and issuing bank (i.e. we don’t store payment card details).

 

2. Security measures for personal data

We process your personal data in accordance with applicable data protection legislation and regulations. To protect your personal data from unauthorized disclosure or access, misuse, loss, alteration or destruction we have implemented appropriate legal, technical and organizational security measures. The implemented security measures are created to ensure a level of security appropriate to the risks that are associated with our data processing activities. Should you have any questions related to our security measures please contact sales@fanytel.com.

 

3. Sharing Information

We work with carefully selected third-party service providers (or group companies) to operate, provide, improve, understand, customize, support, and market our services. For example, we work with companies to distribute our apps, provide infrastructure, delivery, supply location, prevent fraud or other criminal behaviour, storing data, process payments, help us understand how our services are used, market our services and customer support. In connection herewith, we may share personal data with these service providers and, in some cases, also receive personal data from them.

In addition, we may also share your personal data in the following situations: upon request we may provide authorities (for example the police and the tax authority) with personal data if we have a legal obligation to do so; in order to enforce or apply our Terms of Service and/or any other agreement with you; or to protect the rights, property, or safety of us, our users, or others; and finally in case of a sale of the assets of Fanytel or a group company or corporate restructuring or as a result of a change of control of Fanytel or a group company.

When sharing your data we are dedicated to make sure that the relevant third party shall have appropriate legal, technical and organizational measures to protect and safeguard the personal data in accordance with applicable data protection legislation, relevant supervisory authorities’ applicable regulations and guidelines regarding security of personal data and what is otherwise appropriate.

We promise to never sell your personal data to a third party unless we have your explicit permission to do so.

Transfer of data to third countries

We prefer to process your data within the EU/EEA. However, in certain cases we do transfer data outside the EU/EEA. Before transferring data outside the EU/EEA we take reasonable measures to ensure that:

  • the third party provides an adequate level of protection for personal data; or
  • there are appropriate safeguards in place in accordance with applicable data protection legislation such as the EU Commission’s standard contractual clauses ; or
  • that we can rely on a specific derogation provided for under applicable data protection legislation.

 

4. Communications and notifications

Fanytel may use your personal data to communication with you. The communication may include messages about updates, faults, alerts and other types of issues relating to technical aspects and/or the usability of the app and other parts of the services. Such communication is considered part of the service.

Occasionally we may ask you to provide information on your experiences of using the app or other parts of the services which will be used to improve the quality and provision of the services. You are under no obligations to provide any such information. Such information is used for the purposes of reviewing improving our services.

Fanytel may from time to time contact you by email, phone, SMS or through any other appropriate information channel to keep you up to date with news about Fanytel and the services, including new products, campaigns, promotions and payment methods.

If you don’t want to receive promotional messages from Fanytel you can unsubscribe by following the instructions in the promotional message you have received or by contacting our customer support at sales@fanytel.com.

 

5. Third Party Sites

Our Site or app may contain links to websites of third parties. Please note that such linked websites are not under our control. If you want to learn more about how such third party treats personal data you are referred to any such third party’s own privacy policy. Our Privacy Policy applies solely to personal data that we receive or collect from you through our Site, our app, your use of our services and/or your relationship with Fanytel.

 

6. Changes to the Privacy Policy

We are constantly innovating and looking for new ways to improve our services. We therefore reserve the right to update or modify this Privacy Policy at any time, with or without notice, to reflect such improvements or any other changes to our business or in order to comply with applicable data protection legislation.

Our Privacy Policy is always available on our website (under Legal Information) and also in our app (under Support) so that users, at all times, can be aware of what personal data we collect, how and for what purpose the data is processed and under what circumstances such information may be shared. You are advised to review the Privacy Policy periodically so that you are aware of any modifications. If you do not agree with the terms of the Policy, you should not use the services.

 

7. Data retention

Collected personal data is kept for as long as it’s needed for us (however no longer than two years and 10 months after your account was closed) unless we are legally required to keep the data in our records for a longer period. When Fanytel saves data for other purposes than contractual obligations (for example to fulfill book keeping requirements or requirements to keep records of phone calls for lawful intercept) we only keep the data for as long as it’s necessary and legal for each purpose.

 

8. Your rights to access, rectification and erasure

Under applicable data protection legislation you have the following rights in relation to personal data.

  • Right to access – You have the right to obtain information from Fanytel about any personal data being processed about you and access to such data, if any.
  • Right to rectification – You have the right to obtain the rectification of inaccurate personal data about yourself.
  • Right to erasure (“the right to be forgotten”) – You have the right to obtain the erasure of data about you if the data is no longer necessary for the purpose it was collected for. There might be legal obligations for Fanytel to keep the data anyway, that stops Fanytel from immediately erasing the data. In that case we can block the data we are required to keep, from being used for other purposes than the fulfilement of the legal requirements or anonymize the data.

If you would like to exercise the rights to your personal data or should you have any other questions in connection with this Privacy Policy, please contact us at sales@fanytel.com.

Privacy Policy was updated: September 2019

 

ZEUST LIMITED

Address: 1 Avlonos Street, Maria House, 1075 Nicosia, Cyprus.

Phone: +35722007528

VAT no: CY10362856T

Registration no: HE362856