ww2.efax.com Open in urlscan Pro
104.18.15.184  Public Scan

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2 forms found in the DOM

GET https://ww2.efax.com/

<form role="search" class="ef-input-group" method="get" id="searchform" action="https://ww2.efax.com/" data-cb-wrapper="true"><input type="text" value="" name="s" id="s" placeholder="Search"><span
    class="ef-input-group-append"><i class="fa fa-search" id="responsive-mob-search-icon"></i></span></form>

GET https://ww2.efax.com/

<form id="footer-searchform" role="search" method="get" action="https://ww2.efax.com/" data-cb-wrapper="true">
  <input class="search" id="s" name="s" placeholder="Search" type="text" value="">
  <span class="fa fa-search" id="btn-head-search"></span>
</form>

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Legal Notices Customer Agreement eFax Privacy Policy Report Spam
Legal Notices
Customer Agreement
eFax Privacy Policy
Report Spam
Legal Notices


LEGAL NOTICES


PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

The materials on this website (the “site”) are provided by Consensus Cloud
Solutions Inc. or its subsidiaries (“Consensus”) as a service to its customers
and may be used for informational purposes only. Single copies may be downloaded
subject to the provisions below. By downloading any materials from this site,
you agree to these terms. If you do not agree to them, do not use the site or
download any materials from it.


TRADEMARK INFORMATION

Consensus Cloud Solutions, Consensus, eFax, eFax Free, eFax Plus, eFax Pro, eFax
Messenger, Electric Mail,  jConnect, jConnect Premier, jConnect Free, JFAX,
among others, are trademarks or registered trademarks of Consensus Cloud
Solutions Inc. or its subsidiaries in the United States and other countries.

Use of the terms “an efax”, “efax it”, “to efax”, “efaxed”, and “efaxing” to
describe the service/act of sending or receiving a facsimile in a digital format
is strictly prohibited as an infringement of Consensus’ trademark. Consensus is
engaged in an ongoing campaign to convince the public that EFAX should not be
used as anything other than to describe Consensus’ “EFAX” service and not in any
of the manners described above. To this end, the company has written to
publications and companies that have used EFAX in an improper manner and
continues to diligently protect this trademark.
Consensus’ trademarks may be used publicly only with permission from Consensus.
Fair use of Consensus’ trademarks in advertising, and promotion of Consensus
products, requires proper acknowledgment.


PATENT PROTECTION

Consensus’ services are protected by one or more of the following U.S. patents
and other patents pending: 6,208,638; 6,073,165; 6,597,688; 7,020,132;
6,717,938; 6,999,478; 6,625,642; 6,549,612; 5,675,507; 5,870,549; 6,350,066;
6,564,321; 5,291,302; 5,459,584; 6,643,034; 6,735,021; 6,023,345; 6,025,931;
6,693,729; 6,707,580; 6,857,007; 5,461,488; 6,564,193; 7,480,065; 7,474,432;
5,841,966; 6,816,834.


SINGLE-COPY LICENSE

The materials are copyrighted; and any unauthorized use of any materials at this
Site may violate copyright, trademark, and other laws. Regarding information or
software (“Materials”) found on Consensus websites, you may download one copy,
on a single computer, for your personal, non-commercial use only, unless
specifically licensed to do so, in writing, by Consensus- or as allowed by any
license terms which accompany, or are provided with, individual Materials. This
is a license, not a transfer of title, and is subject to the following
restrictions. You may not:
 1. …modify the Materials or use them for any commercial purposes, public
    display, performance, sale or rental.
 2. …decompile, reverse-engineer software Materials except, and only, to the
    extent permitted by applicable law.
 3. …remove any copyright or other proprietary notices from the Materials.
 4. …transfer the Materials to another person. You agree to prevent any
    unauthorized copying of the Materials.


OWNERSHIP OF MATERIALS

Materials are copyrighted and are protected by worldwide copyright laws and
treaty provisions. They may not be copied, reproduced, modified, published,
uploaded, posted, transmitted, or distributed in any way, without Consensus’
prior written permission. Except as expressly provided herein, Consensus and its
suppliers do not grant any express or implied right to you under any patents,
copyrights, trademarks, or trade-secret information. Other rights may be granted
to you by Consensus in writing or incorporated elsewhere in the Materials.


TERMINATION OF THIS LICENSE

Consensus may terminate this license at any time if you are in breach of the
terms of this Agreement. Upon termination, you will immediately destroy the
Materials.


LINKS

Links provided on this site are provided solely as a convenience to you; and the
provision of any such link does not constitute our endorsement of that site, or
its provider, or of any of the content, products, or services contained or
offered therein. Your use of each of those sites is subject to the conditions,
if any, that each of those sites has posted. You agree that we are not
responsible for the accuracy, copyright compliance, legality, decency, or any
other aspect of the contents, products, services or any transmissions received
through such sites. You further agree that we have no liability whatsoever from
such third-party sites and your usage of them.


DISCLAIMER

THE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF
ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL
CONSENSUS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF CONSENSUS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Consensus and its suppliers further do not warrant the accuracy or completeness
of the information, text, graphics, links or other items contained within these
materials. Consensus may make changes to these materials, or to the products
described therein, at any time without notice. Consensus makes no commitment to
update the Materials.
Customer Agreement


CUSTOMER AGREEMENT


EFFECTIVE AUGUST 1, 2023 FOR CURRENT USERS, AND UPON ACCEPTANCE FOR NEW USERS.

This Agreement is between you (“you” or “your”), as an authorized user of the
Services (as defined below), and Consensus Cloud Solutions, LLC (“Consensus
US”), a Delaware limited liability company, and/or Consensus Cloud Solutions
International Ltd. (“Consensus Ireland”), an Irish corporation, and/or J2 Global
ANZ Limited, an Irish corporation, (“Consensus ANZ”), an Irish corporation,
(“Consensus ANZ”), and/or J2 Global Japan Y.K. (Consensus Japan) (each, the
“Company”), as specified in the following paragraph, and governs the terms and
conditions of your use of the Services. By using the Services, you further
confirm your acceptance of and agree to be bound by this Agreement.

Your Services are provided to you; and you are legally a customer of (i)
Consensus US, if you are issued a Service telephone number that is local to the
U.S. or Latin America and (ii) Consensus Ireland, if you are issued a Service
telephone number that is local to Canada, United Kingdom and/or European Union
and (iii) Consensus ANZ, if you are issued a Service telephone number that is
local to Australia and/or New Zealand and (iv) Consensus Japan, if you are
issued a Service telephone number local to Japan.
This Agreement includes the terms of this Customer Agreement together with any
operating rules, policies, price schedules or other supplemental documents
expressly incorporated herein by reference and published from time to time by
the Company. This Agreement constitutes the entire agreement between the Company
and you regarding the Services, and supersedes all prior oral and written
communications and agreements between you and the Company regarding the subject
matter of this Agreement. However, your use of any software provided by the
Company related to the Services shall be pursuant to a separate agreement
governing use by you of such software.
For purposes of this Agreement, the “Services” include the eFax® service and all
other services described in this Agreement which are provided by the Company to
you either now or in the future.
For Canadian Customers: Please note that when you place an order to purchase on
the eFax Website (as defined herein), it constitutes an offer to purchase and
remains subject to the Company’s acceptance. Goods or services listed or
described on the eFax® Website constitute an invitation to make an offer to
purchase.
If you begin, but fail to complete, the sign-up process for the Services, the
Company may contact you in an effort to help you sign up for the Services or
another service of the Company or its affiliates. You hereby authorize the
Company and its affiliates to make such contact, even if you ultimately
determine not to sign up for any Company or affiliate service.


CONTENTS

 * Services Description
 * eFax Service Usage Terms
 * Fax Storage
 * Searchable Faxes
 * Email Capabilities
 * Large File Send
 * Privacy Policy
 * Customer Responsibilities
 * Unsolicited Fax Advertisement/ Spam Drop-Box Policy
 * Termination
 * Customer Representations
 * Modifications to Customer Agreement
 * Modifications to the Services
 * Member Account, PIN/ Password and Security
 * Disclaimer of Warranties and Limitation of Liability
 * Charges
 * Termination for Non-Payment
 * Ownership
 * Rules Regarding eFax Numbers
 * Indemnification
 * No Resale Of The Services
 * Notices; Consent
 * General Terms
 * Legal Notices
 * Agreement to Arbitrate All Disputes
 * Terms of the Agreement.




1. SERVICES DESCRIPTION

The Company offers the Services at its website www.eFax.com (together with other
websites owned and operated by the Company, the “eFax Website”). Individually,
the Services are:
 * eFax Pro™ -Designed for higher volume Internet fax use and includes but is
   not limited to: (i) a personal geographical or toll-free telephone number (an
   “eFax Number”) that provides for the delivery of faxes to email, the
   eFax® Website or software applications provided by the Company; and (ii)
   outbound faxing from email, the eFax Website or software applications
   provided by the Company.
 * eFax Plus® -Includes but is not limited to: (i) an eFax Number that provides
   for the delivery of faxes to email, the eFax® Website or software
   applications provided by the Company in volumes greater than the eFax Free
   service described below; and (ii) outbound faxing from email, the eFax
   Website or software applications provided by the Company.
 * eFax Protect – An email notification is sent upon receipt of a fax, which
   contains a secure link to access the fax from a secure 128 SSL bit encrypted
   storage Inbox dedicated for that telephone number. Includes but is not
   limited to: (i) an eFax Number that provides for the delivery of faxes to the
   eFax® Website or software applications provided by the Company and (ii)
   outbound faxing from email, the eFax Website or software applications
   provided by the Company.
 * eFax Free® -Includes but is not limited to a geographic, remote eFax Number
   that provides for the delivery of a limited number of faxes to email, the
   eFax® Website or software applications provided by the Company.
 * Various other services and features included in the eFax Pro™, eFax Plus®,
   eFax Free® , and eFax Protect services as described further in this
   Agreement.

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2. EFAX SERVICE USAGE TERMS

(a) Usage terms for the various tiers of eFax service are as follows:
(1) eFax Pro:
If you registered for the eFax Pro service on or after May 31, 2011:

> Unless you registered for a different plan on the eFax website, through an
> application, or with a Sales Representative, you may receive up to 200 fax
> pages (inbound) and may send up to 200 fax pages (outbound) within any thirty
> (30) day period, regardless of whether you are issued a local or a toll-free
> eFax Number. Faxes received in excess of the inbound 200-page limit are
> charged at $0.10 (or the local currency equivalent) per page, and faxes sent
> in excess of the outbound 200-page limit are charged at the applicable
> per-page rate listed at https://ww2.efax.com/fax-send-rate. See paragraph (b)
> below for the definition of a fax page.

If you registered for the eFax Pro service prior to May 31, 2011:

> If you were issued a local (non-toll free) eFax Number, you may receive up to
> 200 fax pages (inbound) within any thirty (30) day period. Faxes received in
> excess of the inbound 200-page limit are charged at $0.10 (or the local
> currency equivalent) per page. Faxes sent (outbound) are charged at the
> applicable per-page rate listed at the eFax Website starting with the first
> page sent. See paragraph (b) below for the definition of a fax page.

> If you were issued a toll-free eFax Number, you will be charged $0.20 (or the
> local currency equivalent) per page received (inbound) starting with the first
> page received and will be charged the greater of $0.20 or the applicable
> per-page rate listed at the eFax Website for each page sent (outbound)
> starting with the first page sent. See paragraph (b) below for the definition
> of a fax page.

(2) eFax Plus:
If you registered for the eFax Plus service on or after May 31, 2011:

> Unless you registered for a different plan on the eFax website, through an
> application, or with a Sales Representative, you may receive up to 150 fax
> pages (inbound) and may send up to 150 fax pages (outbound) within any thirty
> (30) day period, regardless of whether you are issued a local or a toll-free
> eFax Number. Faxes received in excess of the inbound 150-page limit are
> charged at $0.10 (or the local currency equivalent) per page, and faxes sent
> in excess of the outbound 150-page limit are charged at the applicable
> per-page rate listed at the eFax Website. See paragraph (b) below for the
> definition of a fax page.

If you registered for the eFax Plus service prior to May 31, 2011:

> If you were issued a local (non-toll-free) eFax Number, you may receive up to
> 130 fax pages (inbound) and may send up to 30 fax pages (outbound) within any
> thirty (30) day period. Faxes received in excess of the inbound 130-page limit
> are charged at $0.15 (or the local currency equivalent) per page, and faxes
> sent in excess of the outbound 30-page limit are charged at the applicable per
> page rate listed at the eFax Website. See paragraph (b) below for the
> definition of a fax page.

> If you were issued a toll-free eFax Number, you will be charged $0.20 (or the
> local currency equivalent) per page received (inbound) starting with the first
> page received and will be charged the greater of $0.20 or the applicable per
> page rate listed at the eFax Website for each page sent (outbound), starting
> with the first page sent. See paragraph (b) below for the definition of a fax
> page.

(b) Definition of Fax Page and Associated Terms:

> Fax Duration Calculation

> Most fax pages take less than sixty (60) seconds to transmit. However, for
> each transmission, the number of pages sent or received is calculated based on
> the greater of the actual number of pages or the number of full and partial
> 60-second increments of transmission or connection time, whether or not the
> transmission occurs or is completed (such as instances when someone answers
> the call or transmission is interrupted before completion). For example, a
> one-page fax with a transmission duration of 30 seconds is recognized as one
> page; and a one-page fax with a transmission duration of one minute and six
> seconds is recognized as two pages.

> Outbound Page Calculations – Use Gift Pages or Service Credit
> The number of outbound fax pages referenced in paragraph (a) of this Section
> 2, as included in the tiers of eFax service, is administered by applying a
> monthly outbound usage credit to your account and assumes that each outbound
> page is sent to a destination with an applicable per page rate of $0.10 (or
> the local currency equivalent). Therefore, your number of included outbound
> fax pages for a given thirty (30) day period may be less than the number
> specified for your tier of eFax service referenced in paragraph (a) of this
> Section 2 if you send to destinations with applicable per-page usage rates in
> excess of $0.10 per fax page. For example, if your service tier includes 150
> outbound fax pages per thirty (30) day period, then an outbound service credit
> of $15.00 (or the local currency equivalent) will be applied to your account.
> If you send a five-page fax to a destination with an applicable per-page usage
> rate of $0.10, then your usage credit will decrease by $0.50 to $14.50. If you
> then send a five-page fax to a destination with an applicable per-page usage
> rate of $0.20, then your usage credit will decrease by an additional $1.00 to
> $13.50.

> Unused inbound or outbound Services credits are valid in the month issued and
> expire at the conclusion of each applicable thirty (30) day period. Inbound or
> outbound Services credits have no cash value. Such credits do not roll over to
> the next thirty (30) day period, and you will receive no cash refund in the
> event any unused inbound or outbound Services credits remain in your account
> upon termination or closure of your account.

(3) a. eFax Protect:

Unless you registered for a different plan on the eFax website, through an
application, or with a Sales Representative, you may receive up to 200 fax pages
(inbound) and may send up to 100 fax pages (outbound) within any thirty (30) day
period, regardless of whether you are issued a local or a toll-free eFax Number.
Faxes received in excess of the inbound 200-page limit are charged at $0.16 (or
the local currency equivalent) per page, and faxes sent in excess of the
outbound 100-page limit are charged at $0.16 (or the local currency equivalent)
per page. See paragraph (b) below for the definition of a fax page.

For inbound faxes, eFax Protect allows customers to access their faxes using one
or more of the following options:

 * MyPortal Message Center
 * eFax Messenger Desktop Application
 * Mobile App

For outbound faxes, only the following mechanisms provide encrypted transmission
when sending a fax thru eFax Protect

 * MyPortal web application
 * eFax Messenger Desktop Application
 * Mobile App

The above Inbound and Outbound options require user or application level
authentication. Customers may also download faxes from above services, however
once the fax is downloaded, it is outside the scope of the eFax Protect product.

If subscribed to the eFax Protect plan, downloaded faxes will be in searchable
PDF format. Searchable PDFs will have the ability to have their text content
searched. Searchable PDFs are only available on the eFax Protect plan.

If you were issued a toll-free eFax Number, you will be charged $0.16 (or the
local currency equivalent) per page received (inbound) starting with the first
page received and will be charged the greater of $0.16 or the applicable per
page rate listed at the eFax Website for each page sent (outbound), starting
with the first page sent. See paragraph (b) below for the definition of a fax
page.

(b) Definition of Fax Page and Associated Terms:

> Fax Duration Calculation
> 
> Most fax pages take less than sixty (60) seconds to transmit. However, for
> each transmission, the number of pages sent or received is calculated based on
> the greater of the actual number of pages or the number of full and partial
> 60-second increments of transmission or connection time, whether or not the
> transmission occurs or is completed (such as instances when someone answers
> the call or transmission is interrupted before completion). For example, a
> one-page fax with a transmission duration of 30 seconds is recognized as one
> page; and a one-page fax with a transmission duration of one minute and six
> seconds is recognized as two pages.

> Outbound Page Calculations – Use Gift Pages or Service Credit
> The number of outbound fax pages referenced in paragraph (a) of this Section
> 2, as included in the tiers of eFax service, is administered by applying a
> monthly outbound usage credit to your account and assumes that each outbound
> page is sent to a destination with an applicable per page rate of $0.16 (or
> the local currency equivalent). Therefore, your number of included outbound
> fax pages for a given thirty (30) day period may be less than the number
> specified for your tier of eFax service referenced in paragraph (a) of this
> Section 2 if you send to destinations with applicable per-page usage rates in
> excess of $0.16 per fax page. For example, if your service tier includes 150
> outbound fax pages per thirty (30) day period, then an outbound service credit
> of $15.00 (or the local currency equivalent) will be applied to your account.
> If you send a five-page fax to a destination with an applicable per-page usage
> rate of $0.16, then your usage credit will decrease by $0.50 to $14.50. If you
> then send a five-page fax to a destination with an applicable per-page usage
> rate of $0.20, then your usage credit will decrease by an additional $1.00 to
> $13.50.
> 
> Unused inbound or outbound Services credits are valid in the month issued and
> expire at the conclusion of each applicable thirty (30) day period. Inbound or
> outbound Services credits have no cash value. Such credits do not roll over to
> the next thirty (30) day period, and you will receive no cash refund in the
> event any unused inbound or outbound Services credits remain in your account
> upon termination or closure of your account.

(3) b. eFax Free Service-Usage Terms
If you registered for the eFax Free service via version 4.1 or higher of the
eFax mobile phone fax app, you may send up to ten (10) fax pages (outbound) for
a period of thirty (30) days from the date of your registration (the “eFax Free
Send Period”). You may not send faxes using the eFax Free service beyond the
eFax Free Send Period.
You may receive up to 10 fax pages (inbound) within any thirty (30) day period.
Your eFax Number is not local to your location and is selected by the Company in
its discretion. You will not be able to select or change your eFax Number unless
you upgrade to an eFax Pro, eFax Protect, or eFax Plus account.
The Company provides the eFax Free service as an accommodation to you and
reserves the right to terminate your eFax Free service at any time without
notice.
In the event you receive more than ten (10) fax pages in any thirty (30) day
period, or send more than ten (10) fax pages during the eFax Free Send Period,
the Company, in its sole discretion, may offer to upgrade you to an eFax Pro or
eFax Plus account or may terminate or suspend your eFax Free account with or
without notice. Any failure by the Company to enforce the eFax Free fax page
limits will not preclude the Company from later enforcing such limits, whether
for past or current activity.
Unused inbound Services credits are valid in the month issued and expire at the
conclusion of each applicable thirty (30) day period. Inbound Services credits
have no cash value. Such credits do not roll over to the next thirty (30) day
period, and you will receive no cash refund in the event any unused inbound
Services credits remain in your eFax Free account upon termination or closure of
your eFax Free account. The eFax Free fax page limitations may not be applicable
with respect to eFax Numbers located in the following countries with the
following prefixes, and any other eFax Numbers, as determined by the Company in
its discretion:
 1. Austria: (0) 820
 2. Belgium: (0) 70
 3. France: (0) 820, (0) 821, (0) 825 or (0) 0826
 4. Germany: (0) 1805
 5. Ireland: (0) 818
 6. Italy: (0) 199
 7. Netherlands: (0) 84
 8. United Kingdom: (0) 70

Each customer, whether an individual or company, is limited to a single eFax
Free account. If you or your company desire more than one eFax Number, then you
must, and you agree to, upgrade to an eFax Pro, eFax Protect, eFax Plus account.
Notwithstanding our Privacy Policy, the Company has the right to disclose your
email address to the owner of the website domain associated with your email
address in order to monitor compliance with, and enforce, the eFax Free service
limitations. In addition, the Company is permitted to audit your use of the eFax
Free service and any associated software by providing no less than five (5) days
prior written notice of its intention to conduct such an audit at your
facilities during normal business hours. If the Company ultimately determines,
in its sole discretion and whether or not it has conducted an audit, that you
have violated the foregoing limitations on the eFax Free service or any
associated software, the Company reserves the right to immediately terminate or
suspend your Services. You agree to pay the Company the amount you would have
been required to pay for eFax Plus during the period of your non-compliance with
the eFax Free service limits specified herein, plus the Company’s cost of
conducting any audits that, in the Company’s sole discretion, reveal
non-compliance.
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3. FAX STORAGE

While your account is active, fax messages received via your eFax Number will be
stored and displayed in your eFax Message Center for a limited time, not to
exceed 12 months for eFax Pro or eFax Plus services. If you are subscribed to
the eFax Pro or eFax Plus service, you may choose to disable this feature by
adjusting your user preferences. If you are subscribed to the eFax Free service,
storage is limited to thirty (30) days after the fax is received.

If you are subscribed to the eFax Protect service, while your account is active,
fax messages received via your eFax Number will be stored and displayed in your
eFax Message Center for a limited time not to exceed 84 months.
Regardless of your level of service, you acknowledge that the Company may cease
offering this feature or change its practices and/or limitations concerning this
feature at anytime, including, without limitation, changing the maximum number
of days that fax messages will be retained, the maximum number of messages
stored at any one time and the maximum storage space allotted on the Company’s
servers on your behalf. You further agree that the Company has no responsibility
or liability whatsoever for any failure or malfunction of this feature, whether
or not such failure prevents you from utilizing the feature, including but not
limited to the storage or deletion of any faxes.
Upon account closure, all faxes connected with your account (including those
stored in the eFax Message Center) will be immediately and permanently deleted.
You agree that the Company has no responsibility or liability whatsoever for the
foregoing.
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4. SEARCHABLE FAXES

The Company will scan, perform optical character recognition and index the text
of fax messages received via your eFax Number. The indexed text of these faxes
will be searchable in your eFax Message Center for as long as the faxes are
stored there. You acknowledge that the Company, at any time, may cease offering
this feature, or change its practices, and/or apply limitations concerning this
feature at any time. You further agree that the Company has no responsibility or
liability whatsoever for any failure or malfunction of this feature, whether or
not such failure prevents you from utilizing the feature, including but not
limited to the searching, or indexing of, or failure to search or index, any
faxes.
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5. EMAIL CAPABILITIES

You will receive a free www.123mail.net email account, which can be accessed
online through the eFax Message Center.
If you are an eFax Pro, eFax Protect, eFax Plus customer, your email service
will include greater storage than accounts issued to eFax Free subscribers and
will also include spam filtering and virus scanning which is not offered to
email accounts issued to eFax Free subscribers.
You acknowledge and agree that the Company has no responsibility or liability
whatsoever for your use of this email feature and that the Company may
discontinue or change the terms under which this email feature is provided to
you at any time, including and without limitation: changes in the maximum size
of emails that may be received, changes in the maximum storage space available
for email storage and changes to or elimination of, spam filtering or virus
scanning.
By using this feature, you acknowledge and agree: (i) to assume sole
responsibility for the content of any emails transmitted; and (ii) to assume any
liability arising from your transmission of, and/or any third party’s receipt
of, your emails.
The Company disclaims any liability or responsibility for any failure or
malfunction of this feature, whether or not such failure prevents you from
utilizing the feature, including but not limited to: an error in the email
transmission or receipt process; deletion of or failure to store any emails;
non-receipt of emails; broken or non-functional links to emails; any viruses
received through this feature.
In the event that the Company, in its sole discretion, determines or suspects
that any emails sent or received through this feature constitute, or may give
rise to, a violation of any law or regulation or this Agreement, or you are
otherwise in breach of any provision of this Agreement, the Company reserves the
right to remove your emails and/or to deactivate links to emails without further
notice to you.
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6. LARGE FILE SEND

You are provided a feature that enables you to provide third parties access over
the Internet to files that are too large to send by email (“Large File Send”).
Large File Send is available through the eFax MyPortal Website upon login. Files
can be uploaded; recipient email addresses, added; and upon submission,
recipients receive an email with a link to access the transmitted files.

Features of Large File Send vary by tier of eFax service as follows:
eFax Pro, eFax Protect, and eFax Plus Subscribers: You may upload a maximum of
three cumulative gigabytes per each Large File Send submission (in a single
file, or a combination of multiple files). You may designate up to five (5)
recipients per submission. After submission, the system will email your
recipients a link to the uploaded files. You may only access the uploaded files
if you designate yourself as a recipient. Each recipient may download the
transmitted file(s) a maximum of five (5) times over a period of ninety (90)
days from your original submission.
You acknowledge and agree that Large File Send is provided to you as a
convenience only. Furthermore, you acknowledge that links to files uploaded
through Large File Send are public and non-secure, in that such links may be
forwarded freely to any third party by your designated recipients, or forwarded
by other third parties whom you did not designate. For that reason, the Company
assumes no responsibility for the security, confidentiality or privacy of files
uploaded via this feature.
By using this feature, you acknowledge and agree: (i) to assume sole
responsibility for the content of any files uploaded, hosted and/or transmitted;
and (ii) to assume any liability arising from your transmission of, and/or any
third party’s receipt of, your uploaded files, even if you did not designate the
recipient in your original Large File Send submission.
The Company further disclaims any liability or responsibility for any failure or
malfunction of this feature, whether or not such failure prevents you from
utilizing the feature, including but not limited to: an error in the Large File
Send submission process; deletion of or failure to store any uploaded files;
non-receipt of requested notification emails; broken or non-functional links to
files that you may have uploaded; or rejection of your files for any reason,
including due to a virus in one of your files.
The Company may discontinue or change the terms under which this feature is
provided to you at any time, including and without limitation: changes in the
maximum number of days that uploaded files are retained, the maximum cumulative
upload size of each submission, the maximum number of uploaded files stored at
any one time; and/or the maximum storage space that will be allotted on the
Company’s servers to store your uploaded files.
In the event that the Company, in its sole discretion, determines or suspects
that any uploaded file(s) constitute(s), or may give rise to, a violation of any
law or regulation or this Agreement, or you are otherwise in breach of any
provision of this Agreement, the Company reserves the right to remove your
stored file(s) and/or to deactivate links to stored file(s) without further
notice to you.
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7. PRIVACY POLICY

The Company is dedicated to establishing trusting relationships with you and all
of its customers, based on respect for personal identity and information. The
Company’s current Privacy Policy is available at ww2.efax.com/privacy. If the
Company decides to change its privacy policy, an updated version will be posted
on the eFax Website, and other places the Company deems appropriate, so that you
and our other customers are always aware of what information the Company
collects, how the Company uses it and under what circumstances, if any, the
Company discloses it. The Company will use information in accordance with the
Privacy Policy. If, however, the Company is going to use your personally
identifiable information in a manner materially different from that stated at
the time of collection, the Company will notify you via email. You will have a
choice as to whether or not the Company uses your information in this materially
different manner. However, if you have opted out of all communication with the
Company, or deleted/deactivated your account, then you will not be contacted for
the purpose of notifying you of material changes to the Privacy Policy. In
addition, if the Company makes any material changes to its privacy practices
that do not affect your information already stored in the Company’s databases,
the Company will post a prominent notice on the eFax Website notifying you and
its other customers of the change. In some cases where the Company posts a
notice of changes to its Privacy Policy, it will also notify you via email if
you have opted to receive email communications from the Company.
Business Customers Only:
If you are a business Customer of Consensus Ireland and you are located in the
European Union, and the Services involve the processing of personal data which
is subject to the General Data Protection Legislation (EU) 2016/679, the
“GDPR”), Consensus Ireland is a processor and you are the controller in relation
to such personal data (as defined in the GDPR), which is processed pursuant to
this Agreement.
You retain control over the content of the faxes, and as such the types of
personal data that are subject to processing cannot be categorised by Consensus
Ireland in these terms and conditions. It is assumed such personal data may
include all categories of personal data relating to customer’s, or its
customer’s own clients, customers, suppliers, employees, other personnel and/or
other data subjects.
Customer may notify Consensus Ireland of the categories of data subjects or
types of personal data to be incorporated into these terms by using the contact
details set out in the privacy policy.
As processor, Consensus Ireland shall, in relation to personal data (as defined
in the GDPR) provided by you or generated arising from the performance of the
Services under this Agreement:
(a) process such personal data in accordance with these terms and conditions and
otherwise comply with your documented (including email) instructions in
connection with such processing. Where such instructions are provided orally, we
shall keep a record of these. If at any point, Consensus Ireland becomes unable
to comply with your instructions regarding the processing of personal data
(whether as a result of a change in applicable law, or a change in your
instructions, or for any other reason), Consensus Ireland shall promptly:
(i) notify you of such inability, to the extent permitted by applicable law; and
(ii) cease all processing of the affected personal data (other than merely
storing and maintaining the security of the affected personal data) until such
time as you issue new instructions with which Consensus Ireland is able to
comply.
(b) ensure personal data are kept confidential; (ii) take reasonable steps to
ensure the reliability and trustworthiness of Consensus Ireland’s personnel and
any subprocessors, and (iii) take reasonable steps to ensure that all relevant
Consensus Ireland personnel, and any relevant subprocessors, have committed
themselves to ensuring the confidentiality of all personal data that they
process;
(c) ensure that, in each instance in which Consensus Ireland engages a
subprocessor, it shall notify you and : (i) allow you a reasonable opportunity
to object to the appointment of that subprocessor (and your authorisation is
deemed to be granted if you do not object within thirty (30) days of being
notified of the proposed subprocessor); and (ii) enter into a binding written
agreement with the subprocessor that imposes on the subprocessor the same
obligations that apply toConsensus Ireland under this Agreement with respect to
the processing of personal data; subject to compliance with the foregoing, you
hereby generally authorise Consensus Ireland to engage sub-processors in
relation to the Services.
(d) at your request and sole expense, promptly provide you with all reasonable
technical and organisational assistance (taking into account the nature and
functionality of the Services) necessary to respond appropriately to requests
from individuals to exercise their rights under the GDPR;
(e) at your request and sole expense, promptly provide you with all reasonable
assistance necessary to enable you to: (i) notify relevant breaches of the GDPR
to the relevant authorities and/or affected individuals; (ii) conduct data
protection impact assessments, where required; and (iii) obtain any necessary
authorisations from any relevant regulatory authorities;
(f) delete (or, upon your request at or prior to termination, return) any
personal data processed in the performance of the Services in Consensus
Ireland’s possession within 180 days after the termination or expiry of this
Agreement, other than data in relation to which Consensus Ireland is a
controller (which will be processed in accordance with our privacy policy) and
unless the applicable law of the European Union or an EU Member State requires
otherwise;
(g) at your request and sole expense: (i) promptly provide you with all
information necessary to enable you to demonstrate compliance with your
obligations under the GDPR, to the extent that Consensus Ireland is able to
provide such information; and (ii) allow for and contribute to audits, including
inspections, conducted by you your auditors or appointees, provided that such
audit shall be during regular business hours, with reasonable advance notice to
Consensus Ireland and subject to reasonable confidentiality procedures. Before
the commencement of any such audit, the parties shall mutually agree upon the
scope, timing, and duration of the audit. You may not audit Consensus Ireland
more than once annually; and
(h) notify you without undue delay in the event of: (i) becoming aware of any
personal data breach; or (ii) receipt of any correspondence or communication
from any individual, regulatory authority or third party regarding the
processing of personal data; and
apply appropriate technical and security measures to protect any such personal
data against unauthorised or unlawful processing and against accidental or
unlawful destruction, loss, alteration, unauthorised disclosure of, or access to
such personal data.
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8. CUSTOMER RESPONSIBILITIES

You are fully responsible for the contents of your transmissions through the
Services. The Company simply acts as a passive conduit for you to send and
receive information of your own choosing. However, the Company reserves the
right to take any action with respect to the Services that the Company deems
necessary or appropriate in its sole discretion, if the Company believes you or
your information may create liability for the Company, compromise or disrupt the
Services for you or other customers, or cause the Company to lose (in whole or
in part) the services of the Company’s ISPs or other suppliers. Your use of the
Services is subject to all applicable local, state, national, and international
laws and regulations (including, without limitation, those governing account
collection, export control, consumer protection, unfair competition,
anti-discrimination, securities or false advertising). You agree: (1) to comply
with all laws regarding the transmission of technical data exported from any
country through the Services; (2) not to use the Services for any illegal
purpose; (3) not to interfere with or disrupt networks connected to the
Services; (4) to comply with all regulations, policies and procedures of
networks connected to the Services; (5) not to use the Services to infringe any
third party’s copyright, patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy; (6) not to use the Services or related
software to knowingly transmit misleading or inaccurate caller identification
information for any reason, including doing so with the intent to defraud, cause
harm, or wrongfully obtain anything of value; and (7) not to transmit or upload,
through the Services, any unlawful, harassing, libelous, abusive, threatening,
harmful, vulgar, obscene or otherwise objectionable material of any kind or
nature. You further agree not to transmit or upload any material that encourages
conduct that could constitute a criminal offense, give rise to civil liability
or otherwise violate any applicable local, state, national, or international law
or regulation. The Services make use of the Internet for you to send and receive
information of your own choosing. As a result, your conduct is subject to
Internet regulations, policies and procedures. You agree not to use or reference
the Services for chain letters, junk fax or junk mail, spamming or any activity
making use of distribution lists to any person who has not given specific
permission to be included in such a process or on such list. You further agree
not to attempt to gain unauthorized access to other computer systems. You shall
not interfere with another customer’s use and enjoyment of the Services. You
further agree not to use the Services to store (1) any “protected health
information” (as such term is used in the Health Insurance Portability and
Accountability Act of 1996, Pub. L. No. 104-191) unless you are using the eFax
Protect product, or (2) any other type of information that imposes independent
obligations upon the Company.
You must (a) obtain and pay for all equipment and third-party services (e.g.,
Internet access and email service) required for you to access and use the
Services; (b) maintain the security of your PIN/password and other confidential
information relating to your Services account; (c) immediately notify the
Company of any unauthorized use of your account or any other breach of security
known to you; and (d) be responsible for all charges resulting from use of the
Services, including unauthorized use prior to your notifying the Company of such
use and taking steps to prevent its further occurrence.
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9. UNSOLICITED FAX ADVERTISEMENT/SPAM DROP-BOX POLICY

a. Unsolicited Fax Advertisement Policy: The transmission of unsolicited fax
advertisements is illegal in the United States under the Federal Telephone
Consumer Protection Act of 1991 (TCPA) (
https://transition.fcc.gov/cgb/consumerfacts/unwantedfaxes.pdf) and in the
European Union under the Privacy and Electronic Communications Regulations 2003,
and is also illegal under the laws of a number of other countries, states and
provinces. Distribution of unsolicited fax advertisements through the Services
is prohibited and may be considered a material violation of this Agreement. The
Company reserves the right to terminate the Agreement and pursue other legal
remedies available to it; or any combination of these remedies. Notwithstanding
the above, the Company’s distribution of advertising to its customers is not
considered unsolicited fax advertising based upon your acceptance of this
Agreement.
At the Company’s option and without further notice, the Company may use
technologies and procedures, such as filters, that may terminate the
transmission of such unsolicited fax advertisements without delivering them.
If you believe that you are in receipt of an unsolicited fax advertisement, and
if the fax contains a telephone number, fax number or other contact information
to “unsubscribe” from receipt of additional junk faxes, please unsubscribe
accordingly.
You hereby acknowledge and agree that the Company has any and all rights (but no
obligation) to assert any and all legal claims available against any third party
as a result of your receipt of any unsolicited fax advertisements—including, but
not limited to, claims under the TCPA and similar laws of any other country,
state or province—and to the extent you do have any rights to bring any such
claims, you hereby assign any and all such rights to the Company as
consideration for its provision of the Services.
Because eFax Numbers may be reassigned to other customers in the event your
account is canceled, and to ensure the best possible service for all customers,
you are not permitted to “opt in” to receive, on your eFax Number, facsimile
advertisements of the commercial availability or quality of any property, goods
or services from persons with whom you have not established a business
relationship.
b. Spam Drop-Box Policy: The Company does not permit its customers to use eFax
Numbers as “drop-boxes” for responses to email or fax spam offers. If you
believe you are in receipt of email, or fax, spam that uses an eFax Number as a
“drop-box” for responses, and if the email or fax contains an email address,
telephone number, fax number or other contact information to “unsubscribe” from
receipt of additional messages, please unsubscribe accordingly. Please contact
customer service if you believe your eFax Number has been used as a
“drop-box.”The Company appreciates your assistance in enforcing and complying
with these policies and looks forward to continuing to make your experience a
positive one.
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10. TERMINATION

Either you or the Company may terminate your Services at any time, with or
without cause, upon notice.
If you registered for the Services through the eFax Website or an eFax Sales
Representative, eFax Plus, eFax Protect, and eFax Pro customers must follow the
instructions provided at ww2.efax.com/cancel to terminate their account. In most
cases, you can cancel easily online, or a customer service representative will
assist you with canceling your account in accordance with the Company’s
verification procedures; as such procedures may be changed by the Company in its
sole discretion. Upon termination of your account, the Company will send you an
email confirming that your account has been canceled. Your account will not be
deemed canceled unless and until you receive this email. In order to cancel eFax
Free service, you must either opt out of receiving promotional emails or
visit ww2.efax.com/cancel to terminate your account.
If you registered for the Services using your account with Apple, you must
cancel your auto-renewing subscription in your iTunes account settings. If you
turn off Auto-Renewal, your subscription will close at the end of your current
billing cycle. Uninstalling a software application will not cancel the
subscription. If you uninstall the software application without canceling your
subscription you will continue to be charged for the Services. For details
please visit the Apple support website.
The Company reserves the right to terminate or suspend your Services at any time
without prior notice or compensation for any reason; provided that the Company
will attempt to confirm such termination or suspension by subsequent notice. The
Company may automatically terminate or suspend your eFax Free account without
notice.
Upon account closure, all faxes connected with your account (including those
stored in the eFax Message Center) will be immediately and permanently deleted.
In addition, you understand and acknowledge that in the event the account is
later reactivated, your prior or preferred fax number(s) may not be available.
You agree that the Company has no responsibility or liability whatsoever for the
foregoing.
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11. CUSTOMER REPRESENTATIONS

You represent and warrant that you are at least 18 years of age or, as
applicable, the age of majority in the country, state or province in which you
reside, and that you possess the legal right and ability to enter into this
Agreement. You agree to be financially responsible for your use of the Services
(as well as for use of your account by others, including, without limitation,
minors living with you) and to comply with your responsibilities and obligations
as stated in this Agreement.
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12. MODIFICATIONS TO CUSTOMER AGREEMENT

The Company may automatically amend this Agreement at any time by (a) posting a
revised Customer Agreement on the eFax Website, or (b) sending information
regarding the amendment to the email address you provide to the Company. YOU ARE
RESPONSIBLE FOR REGULARLY REVIEWING THE eFAX WEBSITE TO OBTAIN TIMELY NOTICE OF
SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY
CONTINUED USE OF THE SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR
INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this
Agreement may not be amended except in writing signed by both you and the
Company.
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13. MODIFICATIONS TO THE SERVICES

The Company reserves the right to modify or discontinue any of the Services with
or without notice to you. The Company shall not be liable to you, or any
third-party, should the Company exercise its right to modify or discontinue the
Services.
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14. MEMBER ACCOUNT, PIN/PASSWORD AND SECURITY

Once you become a registered user, you will be issued a dedicated eFax Number
and temporary login credentials. You may change your PIN/ password from the eFax
Website. You are entirely responsible for maintaining the confidentiality of
your PIN/ password and account information.
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15. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

a. ALL OF THE COMPANY’S SOFTWARE AND THE SERVICES ARE PROVIDED “AS IS,” AND
NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS
MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE
USABILITY, CONDITION OR OPERATION THEREOF. THE COMPANY DOES NOT WARRANT THAT
ACCESS TO OR USE OF THE COMPANY’S SOFTWARE OR THE SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT THE COMPANY’S SOFTWARE OR THE SERVICES WILL MEET ANY
PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. THE COMPANY AND EACH OF ITS
AFFILIATES, LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED
WARRANTIES, INCLUDING AND WITHOUT LIMITATION: WARRANTIES OF MERCHANTABILITY,
TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY,
SECURITY OR ACCURACY.
b. YOUR USE OF ALL OF THE COMPANY’S SOFTWARE AND THE SERVICES IS AT YOUR OWN
RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR
DOWNLOADING, UPLOADING, AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING THE
COMPANY’S SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM THE COMPANY OR
ITS AFFILIATES, OR LOSS RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS, DATA OR FILES UPLOADED, HOSTED OR TRANSMITTED VIA THE LARGE
FILE SEND FEATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER
ARISING UNDER ANY THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR OTHERWISE. IN ADDITION, YOU AGREE THAT NEITHER THE COMPANY NOR ANY
OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES,
WHETHER DIRECT OR INDIRECT (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES), ARISING
OUT OF YOUR USE OF OR INABILITY TO USE THE COMPANY’S SOFTWARE OR THE SERVICES,
AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON
CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF THE COMPANY OR ANY SUCH AFFILIATE,
LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE
ENTIRE LIABILITY OF THE COMPANY AND ITS AFFILIATES, LICENSORS AND SERVICE
PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE COMPANY’S
SOFTWARE AND THE SERVICES OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE
LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE
SOFTWARE OR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR
CLAIM OR (II) U.S.$500.00. YOU HEREBY RELEASE THE COMPANY AND EACH OF ITS
AFFILIATES, LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS,
LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT
ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED,
SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
c. NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS
SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR
INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF THE COMPANY’S OR ANY
SUCH AFFILIATE’S, LICENSOR’S OR SERVICE PROVIDER’S CONTROL WHICH COULD LEAD TO
THE INTERRUPTION OF DATA DELIVERY SERVICE TO YOUR EMAIL ADDRESS, PAGER,
TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR
DELIVERY SERVICES.
d. YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED,
MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF THE COMPANY, IN
EVALUATING THE SERVICES OR ANY OTHER SERVICES OF THE COMPANY OR ITS AFFILIATES.
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16. CHARGES

a. Pricing Plans:
You agree to pay all charges for your use of the Services in accordance with the
pricing plan you were offered and agreed to upon registering for the Services.
The Company reserves the right to charge value-added taxes (“VAT”), sales or
other taxes on the Services as it deems appropriate and the Company reserves the
right to change prices or institute new charges for access to or use of the
Services, including Discounted Services.
The Company may amend your pricing plan, including any charges thereto, at any
time either by (a) posting pricing plan changes on the eFax Website, or (b)
sending information regarding the pricing plan changes to the email address you
provided to the Company. You are responsible for regularly reviewing such
pricing information. Continued use of the Services or non-termination of your
account, after changes are either posted or emailed to you, constitutes your
acceptance of the prices as modified.
If you have questions regarding any charges that have been applied to your
account, you must contact the Company’s Customer Service Department within
thirty (30) days of the charge date. Failure to do so will waive your ability to
dispute such charges. Failure to use your account will not be deemed a basis for
refusing to pay any charges.
b. Payment for Services:
Your activation fee, and monthly, quarterly, bi-annual or annual service fees
(as applicable), are payable in advance and are COMPLETELY NON-REFUNDABLE. You
agree that for monthly subscriptions, the Company may submit charges for your
monthly service fee each month; and for quarterly, bi-annual or annual
subscriptions, the Company may submit charges for your service fee quarterly,
bi-annually or annually in each case, without further authorization from or
notice to you, until you provide prior notice (in accordance with the Company’s
verification procedures, as may be established by the Company from time to time
in its sole discretion) that you have terminated this authorization or wish to
change your designated card(s). Such notice will not affect charges submitted
before the Company reasonably could act on your notice. If you add eFax Numbers
to an existing Services account, your first payment for such additional eFax
Numbers may be prorated to coincide with the annual/monthly anniversary of your
first eFax Number. You agree that the Company may (at its option) accumulate
Services fees incurred during your monthly billing cycle and submit them as one
or more aggregate charges during or at the end of each cycle, and that the
Company may delay obtaining authorization from your card issuer until submission
of the accumulated charge(s). This means that accumulated Services fee charges
may appear on the statement you receive from your card issuer.
Your activation fee, usage charges, and monthly, quarterly, bi-annual or annual
Services fees, and late fee, as applicable, must be made by the credit or debit
card(s) designated by you for the Company use and transactions. If the payment
method for your Services account is by credit or debit card and payment is not
received by the Company from the card issuer or its agent or affiliate, you
agree to pay all amounts due upon demand by the Company. Each time you use the
Services, or allow or cause the Services to be used, you agree and reaffirm that
the Company is authorized to charge your designated card(s). Your card issuer’s
agreement governs your use of your designated card in connection with payment
for the Services, and you must refer to such agreement (not this Agreement) with
respect to your rights and liabilities as a cardholder.

c. Viewing Your Account Balance: To view your current account balance, along
with billing details and any accumulated charges, please click on “Billing”
after logging in to the eFax MyPortal Website.

d. Free-Trial Customers: If you subscribed to the Services pursuant to a special
offer granting you a free trial period, your initial service fee will be
PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts
pre-authorized will not be considered available credit or debit funds in such
account). These fees will be immediately charged to your credit or debit card,
without further authorization from you, upon the expiration of such free trial
period, unless you provide prior notice (in accordance with the Company’s
verification procedures, as may be established by the Company from time to time
in its sole discretion) that you have terminated this authorization. Such notice
will not affect charges submitted before the Company reasonably could act on
your notice.
e. Pre-Paid Discounts: If you subscribed to the Services pursuant to a special
offer granting a pre-paid discount for a fixed number of months, your pre-paid
fees are payable in advance and are COMPLETELY NON-REFUNDABLE. In addition, your
initial monthly service fee for the month immediately following your pre-paid
period will be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT and
will be immediately charged to your credit or debit card, without further
authorization from you, upon the expiration of such pre-paid period, unless you
provide prior notice (in accordance with the Company’s verification procedures,
as may be established by the Company from time to time in its sole discretion)
that you have terminated this authorization. Such notice will not affect charges
submitted before the Company reasonably could act on your notice.
f. Usage Charges:
Additional charges apply when you exceed the number of inbound or outbound fax
pages included in your eFax Services tier. Usage fees are payable in advance at
a fixed amount as set from time to time by the Company, currently U.S. $10.00 or
the approximate equivalent in local currency (the “Usage Prepay Amount”). You
may choose to increase the size of your Usage Prepay Amount by logging into your
account at the eFax Website or by contacting the Company’s Customer Service
Department. The Usage Prepay Amount will be immediately and automatically
charged to your credit or debit card without further authorization from you upon
incurring usage in excess of the number of inbound or outbound fax pages
included in your eFax service tier (or, in the event you are provided with a
free usage credit, upon your depletion of such credit). Your Usage Prepay Amount
will thereafter be reduced based upon your incurring usage fees, and each time
your Usage Prepay Amount is depleted to a certain level (currently U.S. $2.00 or
the approximate equivalent in local currency), another fixed Usage Prepay Amount
in the same amount as the prior Usage Prepay Amount will be immediately charged
to your credit or debit card, without further authorization from or notice to
you.
Furthermore, in the event that the Company submits charges for your monthly,
quarterly, bi-annual or annual service fee and those charges are rejected by
your card issuer (or its agent or affiliate), you hereby authorize the Company
to apply your Usage Prepay Amount to pay for some or all of your service fee or
late fee due.
You agree that the Company may submit charges for the Usage Prepay Amount
without further authorization from or notice to you, until you provide prior
notice (in accordance with the Company’s verification procedures, as may be
established by the Company from time to time in its sole discretion) that you
have terminated or canceled your eFax Services or wish to change your designated
card(s). Such notice will not affect charges submitted before the Company
reasonably could act on your notice.
Upon you giving the Company notice that you have terminated or canceled your
eFax Services, or in the event that the Company should terminate or cancel your
eFax Services or account in accordance with the provisions herein, the unused
portion of your Usage Prepay Amount (if any) will be applied toward any
outstanding charges, and any remaining portion of your Usage Prepay Amount will
be forfeited and non-refundable.
In addition, in the event you fail to incur usage charges on the Services for a
period of six (6) months or longer, you will be deemed to have forfeited any
remaining Usage Prepay Amount in your eFax account. In such event, the Company
reserves the right to eliminate your remaining Usage Prepay Amount (if any)
without notice.
g. Notification of Changed Billing Information: You must promptly notify the
Company of changes to: (a) the account number, security code or expiration date
of your designated credit or debit cards; (b) your billing address for the
designated credit or debit card; and (c) the name of each minor whom you have
authorized to use your Services account. You must also promptly notify the
Company if your card is canceled for any reason, including loss or theft. In
order to avoid Services interruptions caused by rejected credit or debit card
charges, the Company reserves the right to update your credit or debit card
details (such as expiration dates or new card numbers). You understand and agree
that the Company is entitled to obtain such updated card details, store them and
use them to bill charges. You acknowledge and accept that Consensus Cloud
Solutions, LLC. may automatically bill or charge the designated credit or debit
card for any outstanding balances after you notify us of the change or update
the designated payment information in your account.
h. Usage and/or Account Credit Balances. The Company may, from time to time,
award you a credit applied to your eFax Services usage and/ or account balance,
which is a non-refundable credit . eFax Services usage and/ or account credit
balances have no cash value and will expire on the earlier of (i) termination of
your account or (ii) 30 days after they are issued, and are subject to any
additional terms associated with the credit offer.
i. Late Fees. An administrative late fee of $4.95 USD or $6.00 CAD (or the
approximate equivalent in local currency) or the maximum amount permitted under
and subject to applicable law, may be charged to your account each time full
payment of your outstanding balance is not received by the payment due date. You
agree that the Company may submit charges for late fees without further
authorization from or notice to you, until you provide prior notice (in
accordance with the Company’s verification procedures, as may be established by
the Company from time to time in its sole discretion) that you have terminated
or canceled your eFax Services, or wish to change your designated card(s). Such
notice will not affect charges submitted before the Company reasonably could act
on your notice.
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17. TERMINATION FOR NON-PAYMENT

The Company reserves the right to suspend or terminate your account and
associated Services, without notice, upon rejection of any credit or debit card
charges or if your card issuer (or its agent or affiliate) seeks return of
payments previously made to the Company when the Company believes you are liable
for the charge. Such rights are in addition to, and not in lieu of, any other
legal rights or remedies available to the Company.
Upon account closure, all faxes connected with your account (including those
stored in the eFax Message Center) will be immediately and permanently deleted.
In addition, you understand and acknowledge that in the event the account is
later reactivated, your prior or preferred fax number(s) may not be available.
You agree that the Company has no responsibility or liability whatsoever for the
foregoing.
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18. OWNERSHIP

All programs, services, processes, designs, software, technologies, trademarks,
trade names, inventions and materials comprising any portion of the Services are
wholly owned by the Company, its affiliates and/or its licensors and service
providers except where expressly stated otherwise. You may not use the Company’s
or its affiliates’ trademarks, trade names, patents, copyrights or other
intellectual property rights without the Company’s prior written permission.
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19. RULES REGARDING EFAX NUMBERS

YOU UNDERSTAND AND AGREE THAT YOU WILL HAVE USE OF THE eFAX NUMBER(S) PROVIDED
AS PART OF THE SERVICES ONLY UNTIL THE END OF THE TERM OF YOUR AGREEMENT OR
UNTIL THE COMPANY NO LONGER PROVIDES YOU WITH SERVICES UNLESS YOU SATISFY THE
PROVISIONS IN SECTION 20 (a) BELOW. THE COMPANY IS GRANTING YOU THE REVOCABLE
PERMISSION TO USE SUCH eFAX NUMBER(S) IN ACCORDANCE WITH THIS AGREEMENT FOR THE
LENGTH OF THE TERM OF THE AGREEMENT. YOU UNDERSTAND THAT THE COMPANY IS THE
CUSTOMER OF RECORD OF ALL eFAX NUMBER(S) PROVIDED AS PART OF THE SERVICES AND,
THEREFORE, THE COMPANY HAS CERTAIN RIGHTS WITH RESPECT TO SUCH eFAX NUMBER(S),
INCLUDING WITHOUT LIMITATION CERTAIN RIGHTS RELATING TO PORTING OF SUCH eFAX
NUMBER(S) (“PORTING” IS CAUSING OR ATTEMPTING TO CAUSE NUMBER(S) TO BE
TRANSFERRED, SWITCHED OR OTHERWISE MOVED TO ANY OTHER SERVICE PROVIDER,
TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY). AS THE CUSTOMER OF RECORD FOR
ALL eFAX NUMBER(S), THE COMPANY HAS THE DIRECT RELATIONSHIP WITH THE TELEPHONE
COMPANY THAT PROVIDES THE UNDERLYING TELECOMMUNICATIONS THAT SUPPORT THE
SERVICES YOU RECEIVE FROM THE COMPANY. YOU UNDERSTAND AND AGREE THAT THE COMPANY
IS NOT, ITSELF, A TELEPHONE COMPANY AND IS THEREFORE NOT UNDER ANY LEGAL
OBLIGATION TO PERMIT YOU TO PORT ANY eFAX NUMBER(S) PROVIDED UNLESS YOU SATISFY
THE PROVISIONS IN SECTION 20 (a) BELOW. YOU UNDERSTAND AND AGREE THAT YOU ARE
EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO TRANSFER THE eFAX NUMBER
ASSIGNED TO YOU TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER
PERSON OR ENTITY UNLESS YOU SATISFY THE PROVISIONS IN SECTION 20 (a) BELOW. IN
THE EVENT YOU VIOLATE THE FOREGOING PROVISION, YOU AGREE TO IMMEDIATELY RETURN
THE eFAX NUMBER(S) TO THE COMPANY AND PAY THE COMPANY AN AMOUNT EQUAL TO U.S.
$500 (OR THE EQUIVALENT IN LOCAL CURRENCY). YOU AUTHORIZE THE COMPANY TO CHARGE
YOUR ACCOUNT CREDIT OR DEBIT CARD OR TAKE ANY OTHER MEASURES REQUIRED TO COLLECT
THIS PAYMENT AND TO CAUSE THE eFAX NUMBER(S) TO BE RETURNED TO THE COMPANY. YOU
AGREE THAT THIS PAYMENT REPRESENTS LIQUIDATED DAMAGES REFLECTING A REASONABLE
MEASURE OF THE ACTUAL OR ANTICIPATED HARM, DAMAGES CAUSED AND ADMINISTRATIVE
FEES INCURRED BY THE COMPANY FROM SUCH VIOLATION IN LIGHT OF THE DIFFICULTIES OF
PROOF OF LOSS AND THAT THIS PAYMENT IS NOT A PENALTY. SOME NON-U.S.
JURISDICTIONS DO NOT ALLOW LIMITATIONS TO BE PLACED ON YOUR RIGHT TO PORT THE
eFAX NUMBER ASSIGNED TO YOU, SO SOME OF THESE LIMITATIONS MAY NOT APPLY IF THE
eFAX NUMBER(S) ASSIGNED TO YOU IS LOCATED IN SUCH A JURISDICTION.
a. Telephone Numbers Ported In
YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE PORTING IN CERTAIN TELEPHONE NUMBERS
FROM YOU CURRENT TELECOMMUNICATIONS CARRIER(S) TO THE COMPANY’S
TELECOMMUNICATIONS CARRIER(S) TO BE PLACED IN THE COMPANY’S NAME. IF YOU “PORTED
IN” ANY TELEPHONE NUMBER(S), OR YOU ARE ENTITLED TO “PORT OUT” A TELEPHONE
NUMBER UNDER NON-U.S. LAW, YOU MAY “PORT OUT” SUCH NUMBER(S) IN CONNECTION WITH
TERMINATING YOUR ACCOUNT ONLY IF YOU SATISFY THE FOLLOWING REQUIREMENTS: (i) YOU
PROVIDE WRITTEN NOTICE TO THE COMPANY OF YOUR INTENTION TO “PORT OUT” SUCH
TELEPHONE NUMBER(S) NO LATER THAN THIRTY (30) DAYS AFTER THE DATE OF TERMINATION
OF YOUR ACCOUNT (THE “PORTING NOTICE PERIOD”); (ii) YOUR NEW TELEPHONE CARRIER
PROVIDES THE COMPANY’S TELEPHONE CARRIER WITH A DULY EXECUTED PORTING REQUEST
PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD; (iii) YOU HAVE PAID THE
COMPANY FOR ALL SERVICES PROVIDED TO YOU PRIOR TO THE DATE YOU PROVIDE NOTICE OF
YOUR INTENT TO TERMINATE YOUR ACCOUNT; AND (iv) PRIOR TO THE EXPIRATION OF THE
PORTING NOTICE PERIOD, THE COMPANY HAS RECEIVED AN ADMINISTRATIVE FEE TO COVER
ITS REASONABLE COSTS ASSOCIATED WITH PROCESSING THE PORT IN AN AMOUNT OF U.S.
$40 (OR THE EQUIVALENT IN LOCAL CURRENCY) PER TELEPHONE NUMBER. YOU HEREBY
AUTHORIZE THE COMPANY TO CHARGE YOUR CREDIT OR DEBIT CARD IN THE APPLICABLE
AMOUNT FOR SUCH ADMINISTRATIVE FEE. THE PORTING PROCESS CAN BE LENGTHY; IF YOU
WOULD LIKE TO MAINTAIN YOUR SERVICES DURING THE PORTING PROCESS, YOU MUST
MAINTAIN YOUR ACCOUNT IN AN ACTIVE STATUS AND NOT TERMINATE YOUR ACCOUNT UNTIL
THE PORTING OUT IS COMPLETE. REGARDLESS OF WHEN THE PORT OUT IS COMPLETE, YOU
WILL CONTINUE TO BE RESPONSIBLE TO PAY ALL APPLICABLE ACCOUNT FEES WITH RESPECT
TO THE TELEPHONE NUMBERS UNTIL YOU FORMALLY TERMINATE YOUR SERVICE. IF YOU FAIL
TO SATISFY ANY OF THE FOREGOING REQUIREMENTS, THE COMPANY SHALL REMAIN THE
CUSTOMER OF RECORD OF THE NUMBER(S) AND YOU ARE EXPRESSLY PROHIBITED FROM
CAUSING OR ATTEMPTING TO CAUSE SUCH NUMBER(S) TO BE TRANSFERRED TO ANY OTHER
SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY. THE COMPANY
ALSO RETAINS THE RIGHT TO RECLAIM THE NUMBER(S) FROM YOU AFTER THE NUMBER(S) ARE
PORTED OUT IN CONTRAVENTION WITH THESE REQUIREMENTS AND TO CHARGE YOUR CREDIT OR
DEBIT CARD THE U.S. $500 (OR THE EQUIVALENT IN LOCAL CURRENCY) IN LIQUIDATED
DAMAGES SET FORTH ABOVE. YOU UNDERSTAND AND AGREE THAT EVEN IF YOU SATISFY THE
REQUIREMENTS SET FORTH IN THIS SECTION 20 (a), TECHNICAL OR PROCEDURAL
DIFFICULTIES OR INTERRUPTIONS MAY OCCUR WHEN ATTEMPTING TO PORT OUT THESE
NUMBERS (E.G. WHEN NO PORTING AGREEMENT EXISTS BETWEEN YOUR AND OUR TELEPHONE
CARRIER OR FOR ANY OTHER REASON) AND SUCH DIFFICULTIES OR INTERRUPTIONS MAY
PREVENT YOUR NEW CARRIER FROM PORTING THE NUMBERS. THE COMPANY IS NOT
RESPONSIBLE FOR SUCH TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS AND
YOU WILL RECEIVE NO REFUND OF YOUR ADMINISTRATIVE FEE.
b. Reassignment of Telephone Numbers
YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR SERVICES FOR ANY
REASON, THE eFAX NUMBER(S) ASSIGNED TO YOU MAY BE IMMEDIATELY RE-ASSIGNED TO
ANOTHER CUSTOMER. YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR DAMAGES
(INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH
RE-ASSIGNMENT; AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH
RE-ASSIGNMENT, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF THE
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU FURTHER UNDERSTAND
AND AGREE THAT THE COMPANY MAY, FROM TIME TO TIME, NEED TO CHANGE OR OTHERWISE
REMOVE THE eFAX NUMBER(S) ASSIGNED TO YOU (WHETHER DUE TO AN AREA-CODE SPLIT OR
ANY OTHER REASON, WHETHER OUTSIDE OR WITHIN THE COMPANY’S CONTROL). YOU AGREE
THAT THE COMPANY WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR
SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN OR REMOVAL OF THE eFAX
NUMBER(S) ASSIGNED TO YOU, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY
SUCH CHANGE, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF THE
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
c. No Right to Charge Third-Party Services to eFax Numbers
YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO YOU OR, AT
YOUR REQUEST, TO THE eFAX NUMBER ASSIGNED TO YOU BY THE COMPANY AND THAT YOU
WILL NOT REQUEST OR, OTHERWISE CAUSE ANY THIRD-PARTY SERVICE PROVIDER TO CHARGE
ANY SUCH SERVICES TO SUCH NUMBER. ANY SUCH CHARGES WILL GIVE THE COMPANY THE
RIGHT TO IMMEDIATELY TERMINATE OR SUSPEND YOUR eFAX ACCOUNT WITHOUT NOTICE.
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20. INDEMNIFICATION

You agree to indemnify the Company and each of its affiliates, licensors and
service providers from and against any and all liabilities, expenses (including
attorneys’ fees) and damages arising out of claims based upon use of the
Services, including but not limited to: (a) any violation of this Agreement by
you or any other person using your account, (b) any claim of libel, defamation,
violation of rights of privacy or publicity, (c) any loss of service by other
customers, (d) any infringement of intellectual property or other rights of any
third parties, and (e) any violation of any laws or regulations- including but
not limited to any violation of any laws or regulations prohibiting transmission
of unsolicited fax advertisements.
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21. NO RESALE OF THE SERVICES

You are prohibited from selling, reselling, renting or leasing the use of the
Services.
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22. NOTICES AND CONSENT

Notices given by the Company to you will be given by email, by a general posting
on the eFax Website or by conventional mail. In any matter requiring the
Company’s prior consent, such consent will be considered given only if made in
writing by an authorized representative of the Company. Notices given by you to
the Company must be given by email or by conventional mail (subject, however, to
the Company’s verification procedures, as may be established by the Company from
time to time in its sole discretion, and which may include the requirement that
you contact the Company by phone so as to confirm that any such notice was in
fact sent by you). Notices to the Company by conventional mail must be sent to:
Consensus US: Consensus Cloud Solutions, LLC, 700 S. Flower St., 15th Floor, Los
Angeles, CA 90017, U.S.A., ATTN: Legal
Consensus Ireland: Unit 3, Woodford Business Park, Santry, Dublin 17, ATTN:
Legal
Consensus ANZ: Unit 3, Woodford Business Park, Santry, Dublin 17, ATTN: Legal

Consensus Japan: Marunouchi Kitaguchi Building 10F, 1-6-5 Marunouchi,
Chiyoda-ku, Tokyo, ATTN:  Legal

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23. GENERAL TERMS

IF YOU ARE A CUSTOMER OF CONSENSUS US, THE LAWS OF THE STATE OF CALIFORNIA,
U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE
OF THE COMPANY’S SOFTWARE AND THE SERVICES.
IF YOU ARE A CUSTOMER OF CONSENSUS IRELAND, THE LAWS OF IRELAND, EXCLUDING ITS
CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF COMPANY SOFTWARE
AND SERVICES AND COURTS OF IRELAND SHALL HAVE THE EXCLUSIVE JURISDICTION FOR ANY
CLAIMS OR DISPUTES RELATING TO THE SERVICES OR THIS AGREEMENT.
IF YOU ARE A CUSTOMER OF CONSENSUS ANZ, THE LAWS OF AUSTRALIA, EXCLUDING ITS
CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF COMPANY SOFTWARE
AND SERVICES AND COURTS OF AUSTRALIA SHALL HAVE THE EXCLUSIVE JURISDICTION FOR
ANY CLAIMS OR DISPUTES RELATING TO THE SERVICES OR THIS AGREEMENT.
IF YOU ARE A CUSTOMER OF CONSENSUS JAPAN, THE LAWS OF JAPAN, EXCLUDING ITS
CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF COMPANY SOFTWARE
AND SERVICES AND COURTS OF TOKYO, JAPAN SHALL HAVE THE EXCLUSIVE JURISDICTION
FOR ANY CLAIMS OR DISPUTES RELATING TO THE SERVICES OR THIS AGREEMENT.
THE U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS
EXPRESSLY DISCLAIMED. Nothing in this section shall restrict either of the
parties from resorting to the courts or arbitration in any jurisdiction in order
to collect, enforce or execute any judgment obtained in the State of California.
If any provision of this Agreement is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced. The
Company’s failure to act with respect to a breach by you or others does not
waive the Company’s right to act with respect to subsequent or similar breaches.
You may not assign or transfer this Agreement or any rights hereunder whether by
direct assignment, by operation of law or otherwise, and any attempt to the
contrary is void. The Company shall not be liable for any delay or failure to
perform resulting directly or indirectly from any causes beyond the Company’s
reasonable control. Parental control protections (such as commercially available
computer hardware, software or filtering services) may assist you in limiting
access to material that is harmful to minors, although such technology may not
be effective with regard to receipt of fax or email messages received through
the Services.
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24. LEGAL NOTICES

Under California Civil Code Section 1789.3, California Customers are entitled to
the following specific consumer-rights information:
a. Pricing Information. Current rates for using the Services may be obtained on
the eFax Website or by calling the Company’s Customer Service Department. The
Company reserves the right to change fees, surcharges and monthly fees or to
institute new fees at any time.
b. Complaints: The Complaint Assistance Unit of the Division of Consumer
Services of the Department of Consumer Affairs may be contacted, in writing, at
1020 N. Street, #501, Sacramento, CA 95814; or by telephone at 1-916-445-1254.
For EU Customers: If you are a consumer (meaning a natural person acting outside
of their business, trade or profession) resident in the EU, and you are not
satisfied with any aspect of the Services and have exhausted the internal
mechanisms suggested herein, you can also bring claims arising out of or
relating to the Services to the European Commission Online Dispute Resolution
platform for online resolution (webgate.ec.europa.eu/odr).
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25. AGREEMENT TO ARBITRATE ALL DISPUTES

a. If you are a Customer of Consensus US, You and the Company agree that all
disputes and claims between you and the Company shall be settled by binding
arbitration instead of in courts of general jurisdiction. This agreement to
arbitrate is intended to be broadly interpreted and includes, but is not limited
to, any dispute, claim or controversy arising out of or relating in any way to
the Services, the Company’s software, the eFax Website, the Agreement or any
aspect of the relationship between you and the Company. You agree that, by
agreeing to the Agreement, the U.S. Federal Arbitration Act governs the
interpretation and enforcement of this provision, and that you and Company are
each waiving the right to a trial by jury or to participate in a class action.
Notwithstanding the foregoing, either party may bring an individual action in
small claims court. This arbitration provision does not preclude you from
bringing issues to the attention of federal, state, or local agencies,
including, for example, the Federal Communications Commission. Such agencies
can, if the law allows, seek relief against the Company on your behalf. This
arbitration provision shall survive termination of this Agreement and the
termination of your account.
b. A party who intends to seek arbitration must first send to the other, by
certified mail, a written Notice of Dispute (“Notice”). The Notice to the
Company should be addressed to: Consensus Cloud Solutions, LLC, ATTN: Legal
Department, 700 S. Flower St., 15th Floor, Los Angeles, CA 90017, USA (“Notice
Address”). The Notice must (a) describe the nature and basis of the claim or
dispute; and (b) set forth the specific relief sought (“Demand”). If the Company
and you do not reach an agreement to resolve the claim within 30 days after the
Notice is received, you or the Company may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by the Company
or you shall not be disclosed to the arbitrator until after the arbitrator
determines the amount, if any, to which you or the Company is entitled. You may
download or copy a form Notice and a form to initiate arbitration at
www.adr.org. If you are required to pay a filing fee, after the Company receives
notice at the Notice Address that you have commenced arbitration, it will
promptly reimburse you for your payment of the filing fee, unless your claim is
for greater than US$10,000.
c. The arbitration will be governed by the Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes (collectively, “AAA
Rules”) of the American Arbitration Association (“AAA”), as modified by the
Agreement, and will be administered by the AAA. The AAA Rules and Forms are
available online at www.adr.org. The arbitrator is bound by the terms of the
Agreement. All issues are for the arbitrator to decide, including issues
relating to the scope and enforceability of this arbitration provision. Unless
the Company and you agree otherwise, any arbitration hearings will take place by
video or telephone conference. If your claim is for US$10,000 or less, the
Company agrees that you may choose whether the arbitration will be conducted
solely on the basis of documents submitted to the arbitrator, through a
telephonic hearing, or by an in-person hearing as established by the AAA Rules.
If your claim exceeds US$10,000, the right to a hearing will be determined by
the AAA Rules. Regardless of the manner in which the arbitration is conducted,
the arbitrator shall issue a reasoned written decision sufficient to explain the
essential findings and conclusions on which the award is based. The arbitrator
is not authorized to award punitive or other damages not measured by the
prevailing party’s actual damages, and may not, in any event, make any ruling,
finding or award that does not conform to the terms and conditions of the
Agreement.
d. The Company may make a written settlement offer anytime before an arbitrator
is selected. If the arbitrator issues you an award that is greater than the
value of the Company’s last written settlement offer made before an arbitrator
was selected (or if the Company did not make a settlement offer before an
arbitrator was selected), then the Company will pay you the amount of the award
or US$1,000, whichever is greater. Except as expressly set forth herein, the
payment of all filing, administration and arbitrator fees will be governed by
the AAA Rules.
e. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY
IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and
the Company agree otherwise, the arbitrator may not consolidate more than one
person’s claims with your claims, and may not otherwise preside over any form of
a representative or class proceeding. If this specific provision is found to be
unenforceable, then the entirety of this arbitration provision shall be null and
void. The arbitrator may award declaratory or injunctive relief only in favor of
the individual party seeking relief and only to the extent necessary to provide
relief warranted by that party’s individual claim.
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26. TERMS OF THE AGREEMENT.

Company may modify or amend the terms of this Agreement and any applicable
addendum upon notice or by posting an updated Agreement to the applicable
website.



THE FOLLOWING ADDENDUM SHALL ONLY APPLY TO YOUR ACTIVE USE OF EFAX PROTECT.

ADDENDUM FOR EFAX PROTECT

BUSINESS ASSOCIATE ADDENDUM

This Business Associate Addendum (“BAA”), is entered into by you, as an
authorized user of the Secured Service, as defined below, (“Customer”) and
Consensus Cloud Solutions, LLC. (“Consensus US”), located at 700 S Flower St.,
15th Floor, Los Angeles, CA 90017 (each a “Party” and collectively, the
“Parties”).

WHEREAS, Consensus Cloud Solutions, LLC. offers, among other service offerings,
the Secured Service that Customer intends to use to send and/or receive messages
that could contain PHI; and

WHEREAS, Customer and Consensus Cloud Solutions, LLC. are entering into this BAA
that, along with the Agreement, will govern their respective obligations
regarding HIPAA and PHI with respect to the Secured Service.

NOW THEREFORE, in consideration of the foregoing, the mutual promises contained
herein, and other good and valuable consideration, the Parties agree as follows:

I. DEFINITIONS

“Breach,” “Business Associate,” “Covered Entity,” and “Security Incident” have
the same meanings given to them under HIPAA.

“DHHS” means the U.S. Department of Health & Human Services.

“HIPAA” means the Health Insurance Portability & Accountability Act, the Health
Information Technology for Economic & Clinical Health Act (“HITECH”), and the
regulations enacted thereunder (including 45 C.F.R. Parts 160 and 164), each as
amended and as applicable.

“PHI” and “Unsecured PHI” mean “protected health information” and “unsecured
protected health information,” as those terms are defined under HIPAA, if
transmitted via Consensus US through Customer’s permitted use of the Secured
Service.

“Secured Service” means the eFax Protect service provided by Consensus US
pursuant to the Agreement.

All other capitalized terms shall have the same meanings as those set forth
under HIPAA.

II. APPLICABILITY

A. Relationship to Service Agreement. This BAA amends the Agreement to govern
the Parties’ respective obligations regarding HIPAA and PHI. To the extent there
is any conflict or inconsistency between this BAA and the Agreement, with regard
to matters related to HIPAA, the terms of this BAA will govern. Except as
expressly amended by this BAA, the Agreement is unchanged and remains in full
force and effect.

B. Parties. This BAA only applies to the extent Customer is acting as a Covered
Entity or Business Associate to transmit PHI via the Secured Service and where
Consensus US, as a result, is deemed to be acting as Customer’s Business
Associate.

C. Secured Service. This BAA only applies to the Secured Service. All
obligations and representations of Consensus US under this BAA are contingent on
Customer’s agreement, representation, and warranty that it will not create,
receive, maintain, or transmit PHI using a Consensus US service other than a
Secured Service that is or another Consensus US service for which the Parties
have entered into a separate HIPAA business associate agreement.

III. PERMITTED USE & DISCLOSURE

A. By Consensus US.  Consensus US is authorized to access, use, maintain, and
disclose PHI as necessary and appropriate to perform the Secured Service. 
Consensus US may also access, use, maintain, and disclose PHI for the proper
management and administration of its business operations and to carry out its
legal responsibilities, provided that disclosures for such purposes are either
required by law or Consensus US obtains reasonable assurances from parties to
whom PHI is disclosed that:

 * the PHI will be held in confidence;
 * the PHI will be used or further disclosed only as required by law or for the
   purpose Consensus US disclosed that PHI; and
 * Consensus US will be notified of any Breach.

Consensus US agrees not to access, use, maintain, or disclose PHI other than as
provided above

B. By Customer. Except as otherwise permitted under HIPAA, Customer shall not
request Consensus US to use or disclose PHI in a manner that would not be
permissible under HIPAA if done by Customer. With regard to Customer’s
management and administration of the Secured Service to its end users, Customer
is responsible for using and enforcing the available controls within the Secured
Service to support its HIPAA compliance requirements, including by adhering to
the Guidelines. Customer agrees that Consensus US has no HIPAA obligations under
this BAA to the extent Customer creates, receives, maintains, or transmits PHI
outside of the Secured Service, including through Customer’s use of
non-Consensus US applications or tools.

C. By Agents & Subcontractors. Consensus US will take appropriate steps to
ensure that any agents and subcontractors used by Consensus US to perform its
obligations under the Service Agreement who require access to Unsecured PHI are
bound by written obligations that provide materially the same level of
restrictions, conditions, and requirements for PHI that apply to Consensus US
through this BAA.

IV. REPORTING
A. Appropriate Safeguards. With respect to the Secured Service, Consensus US and
Customer will use appropriate safeguards designed to prevent unauthorized use or
disclosure of PHI, consistent with this BAA and as required under HIPAA.

B. Reporting. In compliance with HIPAA, Consensus US will report to Customer any
of the following events of which it becomes aware:

 * Any use or disclosure of Unsecured PHI not provided for by this BAA;
 * Any Security Incident; and/or
 * Any Breach of Unsecured PHI.

Notification shall be made as soon as reasonably practicable, consistent with
the legitimate needs of law enforcement and Consensus US’s efforts to comply
with applicable law, and after allotting reasonable time for Consensus USto
investigate the Breach, restore the integrity of its systems and the Secured
Service , and mitigate further harm.

C. Accounting Rights. To the extent applicable, Consensus US will make available
to Customer any PHI that Customer maintains using the Secured Service, so that
Customer may fulfill its HIPAA obligations to provide individuals with their
information access, amendment, and accounting rights. Customer is responsible
for managing its use of the Secured Service to appropriately respond to such
requests by individuals.

D.Access to Records. To the extent required by law and subject to any applicable
privileges and immunities, Consensus US will make available to the Secretary of
DHHS Consensus US’s internal practices, books, and records concerning PHI
transmitted by Customer through the Secured Service, in order for the Secretary
of DHHS to assess HIPAA compliance.

V. TERM & TERMINATION

A.Term. The term of this BAA shall terminate conterminously with the Agreement,
unless sooner terminated in accordance with Section V(B) or V(C). In the event
that this BAA is terminated earlier than the Agreement, Customer may continue to
use the Secured Service in accordance with the Agreement but must delete any PHI
maintained using the Secured Service and cease to create, receive, maintain, and
transmit PHI using the Secured Service.

B. Termination for Cause. In the case of a material breach of this BAA, the
non-breaching Party shall provide written notice promptly upon its discovery of
such breach. The breaching Party shall be afforded a thirty (30) day opportunity
to cure, after which the non-breaching Party may choose to terminate this BAA
and the Agreement if the breaching Party does not reasonably cure the breach.

C. Other Termination  This BAA may also be terminated if:  (i) the Agreement is
terminated or amended to no longer cover Consensus US’s provision of Secured
Service to Customer; (ii) HIPAA is amended or superseded such that an agreement
such as this is not required; or (iii) both Parties mutually agree to terminate
this BAA, provided that either a new HIPAA business associate agreement must be
put in place or the service relationship between Consensus US and Customer must
terminate in all respects that involve PHI.

D.Destruction upon Termination. After termination of this BAA, the Parties shall
destroy all PHI associated with Customer that has been maintained on Consensus
US’s systems within a reasonable time. To the extent destruction is not
feasible, Consensus US will extend the protections of this BAA to the remaining
PHI and limit further use and disclosure to the purposes that make destruction
infeasible.

VI. GENERAL PROVISIONS

A. Amendments. This BAA may be modified or amended by Consensus US upon notice
or by posting an updated BAA to the applicable website.

B. No Third Party Beneficiaries. This BAA is entered into solely for the benefit
of the Parties and has not been entered into for the benefit of any third party,
including without limitation, any patients of Customer or their legal
representatives.

C. Invalidity. If any provision of this BAA is determined by a court of
competent jurisdiction to be invalid or unenforceable, this BAA shall be
construed as though such invalid or unenforceable provision were omitted,
provided that the remainder of this BAA continues to satisfy HIPAA requirements
for a business associate agreement. If it does not, then the Consensus US shall,
at its discretion, amend the BAA so that it does comply with HIPAA, or terminate
this BAA and the service relationship between Consensus US and Customer in all
respects that involve PHI.

D. Integration. This BAA is subject to the Agreement and contains the entire
agreement between the Parties pertaining to HIPAA and PHI, and supersedes all
prior understandings, whether written or oral, regarding the same subject
matter.

« Back to top
eFax Privacy Policy
 * This Policy
 * Collection of Personal Data
 * Creation of Personal Data
 * Categories of Personal Data we may Process
 * Lawful basis for Processing Personal Data
 * Sensitive Personal Data
 * Purposes for which we may Process your Personal Data
 * Disclosure of Personal Data to third parties
 * International transfer of Personal Data
 * Data security
 * Data accuracy
 * Data minimization
 * Data retention
 * Your legal rights
 * Cookies and similar technologies (Cookie Policy)
 * Terms of Use
 * Direct marketing
 * Contact details
 * Definitions
 * California Consumer Privacy Act Addendum


A. THIS POLICY

Summary – This Policy
This Policy explains how we may Process your Personal Data. This Policy may be
amended or updated from time to time, so please check it regularly for updates.
This Policy is issued by Consensus Cloud Solutions, LLC (operating as part of
Consensus®) on behalf of itself, its subsidiaries and its affiliates (together,
“ Company”, “ we”, “ us” and “ our”) and is addressed to individuals outside our
organization with whom we interact, including customers, visitors to our Sites,
users of our Apps, and other users of our services (together, “ you”).Defined
terms used in this Policy are explained in Section (S) below.
For the purposes of this Policy, Company is the Controller. This Policy covers
the information practices relating to Company websites for the eFax brand and
services (“Services”) offered now or in the future. Contact details are provided
in Section (R) below.
This Policy may be amended or updated from time to time to reflect changes in
our practices with respect to the Processing of Personal Data, or changes in
applicable law. We encourage you to read this Policy carefully, and to regularly
check this page to review any changes we might make in accordance with the terms
of this Policy.


B. COLLECTION OF PERSONAL DATA

Summary – Collection of Personal Data
We may collect or obtain Personal Data about you: directly from you (e.g., where
you contact us); in the course of our relationship with you (e.g., if you make a
purchase); when you make your Personal Data public (e.g., if you make a public
post about us on social media); when you download, install, or use any of our
Apps; when you visit our Sites; when you register to use any of our Sites, Apps,
or services; or when you interact with any third party content or advertising on
a Site or in an App. We may also receive Personal Data about you from third
parties (e.g., law enforcement authorities).
Collection of Personal Data: We may collect Personal Data about you from the
following sources:
 * Data you provide: We may obtain your Personal Data when you provide it to us
   (e.g., where you contact us via email or telephone, or by any other means, or
   when you provide us with your business card).
 * Relationship data: We may collect or obtain your Personal Data in the
   ordinary course of our relationship with you (e.g., if you purchase a service
   from us).
 * Data you make public: We may collect or obtain your Personal Data that you
   manifestly choose to make public, including via social media (e.g., we may
   collect information from your social media profile(s), if you make a public
   post about us).
 * App data: We may collect or obtain your Personal Data when you download or
   use any of our Apps.
 * Site data: We may collect or obtain your Personal Data when you visit any of
   our Sites or use any features or resources available on or through a Site.
 * Registration details: We may collect or obtain your Personal Data when you
   use, or register to use, any of our Sites, Apps, or services.
 * Content and advertising information: If you choose to interact with any third
   party content or advertising on a Site or in an App, we may receive Personal
   Data about you from the relevant third party.
 * Third party information:We may collect or obtain your Personal Data from
   third parties who provide it to us (e.g., credit reference agencies; law
   enforcement authorities; etc.).


C. CREATION OF PERSONAL DATA

We may also create Personal Data about you, such as records of your interactions
with us, and details of your purchase history for internal administration
purposes and analysis.


D. CATEGORIES OF PERSONAL DATA WE MAY PROCESS

Summary – Categories of Personal Data we may Process
We may Process: your personal details (e.g., your name); demographic data (e.g.,
your age); your contact details (e.g., your address); records of your consents;
purchase details; payment details (e.g., your billing address); information
about our Sites and Apps (e.g., the type of device you are using); details of
your employer (where relevant); information about your interactions with our
content or advertising; and any views or opinions you provide to us.
We may Process the following categories of Personal Data about you:
 * Personal details: given name(s); preferred name; and photograph.
 * Demographic information: gender; date of birth/age; nationality; salutation;
   job title/industry; and language preferences.
 * Contact details: correspondence address; telephone number; email address; and
   details of your public social media profile(s).
 * Consent records: records of any consents you may have given, together with
   the date and time, means of consent and any related information (e.g., the
   subject matter of the consent).
 * Purchase details: records of purchases and prices.
 * Payment details: invoice records; payment records; billing address; payment
   method; bank account number or credit card number; cardholder or
   accountholder name; card or account security details; card ‘valid from’ date;
   and card expiry date; BACS details; SWIFT details; IBAN details; payment
   amount; payment date; and records of checks.
 * Data relating to our Sites and Apps: device type; operating system; browser
   type; browser settings; IP address; language settings; dates and times of
   connecting to a Site; App usage statistics; App settings; dates and times of
   connecting to an App; location data, and other technical communications
   information (some of which may constitute Personal Data); username; password;
   security login details; usage data; aggregate statistical information.
 * Employer details: where you interact with us in your capacity as an employee,
   the contact information of your employer (including name, address, telephone
   number and email address) to the extent relevant.
 * Content and advertising data: records of your interactions with our online
   advertising and content, records of advertising and content displayed on
   pages or App screens displayed to you, and any interaction you may have had
   with such content or advertising (including mouse hover, mouse clicks, any
   forms you complete (including incomplete forms not submitted) and any
   touchscreen interactions).
 * Views and opinions: any views and opinions that you choose to send to us, or
   publicly post about us on social media platforms.


E. LAWFUL BASIS FOR PROCESSING PERSONAL DATA

Summary – Lawful basis for Processing Personal Data
We may Process your Personal Data where: you have given your prior, express
consent; the Processing is necessary for a contract between you and us; the
Processing is required by applicable law; the Processing is necessary to protect
the vital interests of any individual; or where we have a valid legitimate
interest in the Processing.
In Processing your Personal Data in connection with the purposes set out in this
Policy, we may rely on one or more of the following legal bases, depending on
the circumstances:
 * Consent: We may Process your Personal Data where we have obtained your prior,
   express consent to the Processing (this legal basis is only used in relation
   to Processing that is entirely voluntary – it is not used for Processing that
   is necessary or obligatory in any way);
 * Contractual necessity: We may Process your Personal Data where the Processing
   is necessary in connection with any contract that you may enter into with us;
 * Compliance with applicable law: We may Process your Personal Data where the
   Processing is required by applicable law;
 * Vital interests: We may Process your Personal Data where the Processing is
   necessary to protect the vital interests of any individual; or
 * Legitimate interests: We may Process your Personal Data where we have a
   legitimate interest in carrying out the Processing for the purpose of
   managing, operating or promoting our business, and that legitimate interest
   is not overridden by your interests, fundamental rights, or freedoms.


F. SENSITIVE PERSONAL DATA

Summary – Sensitive Personal Data
We do not seek to collect or otherwise Process your Sensitive Personal Data.
Where we need to Process your Sensitive Personal Data for a legitimate purpose,
we do so in accordance with applicable law.
We do not seek to collect or otherwise Process your Sensitive Personal Data in
the ordinary course of our business. Where it becomes necessary to process your
Sensitive Personal Data for any reason, we rely on one of the following legal
bases:
 * Compliance with applicable law: We may Process your Sensitive Personal Data
   where the Processing is required or permitted by applicable law (e.g., to
   comply with our diversity reporting obligations);
 * Detection and prevention of crime: We may Process your Sensitive Personal
   Data where the Processing is necessary for the detection or prevention of
   crime (including the prevention of fraud);
 * Establishment, exercise or defence of legal rights: We may Process your
   Sensitive Personal Data where the Processing is necessary for the
   establishment, exercise or defense of legal rights; or
 * Consent: We may Process your Sensitive Personal Data where we have, in
   accordance with applicable law, obtained your prior, express consent prior to
   Processing your Sensitive Personal Data (this legal basis is only used in
   relation to Processing that is entirely voluntary – it is not used for
   Processing that is necessary or obligatory in any way).


G. PURPOSES FOR WHICH WE MAY PROCESS YOUR PERSONAL DATA

Summary – Purposes for which we may Process your Personal Data
We may Process your Personal Data for the following purposes: providing services
to you; operating our Sites and Apps; communicating with you; managing our IT
systems; health and safety; financial management; conducting surveys; ensuring
the security of our premises and systems; conducting investigations where
necessary; compliance with applicable law; and improving our Sites, Apps, and
services.
The purposes for which we may Process Personal Data, subject to applicable law,
include:
 * Provision of services to you: providing our Sites, Apps, and services to you;
   communicating with you in relation to those services, and providing you with
   promotional items at your request or in connection with those services or
   similar services.
 * Our Sites and Apps: operating and managing our Sites and our Apps; providing
   content to you; displaying advertising and other information to you;
   communicating and interacting with you via our Sites and our Apps;
   identifying issues with our Sites and Apps and planning improvements to or
   creating new Sites and Apps; and notifying you of changes to any of our
   Sites, our Apps, or our services.
 * Communications: communicating with you via any means (including via email,
   telephone, text message, social media, post or in person) news items and
   other information in which you may be interested, subject to ensuring that
   such communications are provided to you in compliance with applicable law;
   maintaining and updating your contact information where appropriate; and
   obtaining your prior, opt-in consent where required.
 * Communications and IT operations: management of our communications systems;
   operation of IT security systems; and IT security audits.
 * Health and safety: health and safety assessments and record keeping; and
   compliance with related legal obligations.
 * Financial management: sales; finance; corporate audit; and vendor management.
 * Surveys: engaging with you for the purposes of obtaining your views on our
   services.
 * Security: physical security of our premises (including records of visits to
   our premises; and CCTV recordings); and electronic security (including login
   records and access details).
 * Investigations: detecting, investigating and preventing breaches of policy,
   and criminal offences, in accordance with applicable law.
 * Legal proceedings: establishing, exercising and defending legal rights.
 * Legal compliance: compliance with our legal and regulatory obligations under
   applicable law.
 * Improving our Sites, Apps, services: identifying issues with our Sites, our
   Apps, or our services; planning improvements to our Sites, our Apps, or our
   services; and creating new Sites, Apps, or services.


H. DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES

Summary – Disclosure of Personal Data to third parties
We may disclose your Personal Data to: legal and regulatory authorities; our
external advisors; our Processors; any party as necessary in connection with
legal proceedings; any party as necessary for investigating, detecting or
preventing criminal offences; any purchaser of our business; and any third party
providers of advertising, plugins or content used on our Sites or our Apps.
We may disclose your Personal Data to other entities within the Company group,
for legitimate business purposes (including operating our Sites and our Apps,
and providing services to you), in accordance with applicable law. In addition,
we may disclose your Personal Data to:
 * legal and regulatory authorities, upon request, or for the purposes of
   reporting any actual or suspected breach of applicable law or regulation;
 * outside professional advisors (such as accountants, auditors, or lawyers),
   subject to binding contractual obligations of confidentiality;
 * third party Processors (such as payment services providers; data centers;
   etc.), located anywhere in the world, subject to the requirements noted below
   in this Section (H);
 * any relevant party, law enforcement agency or court, to the extent necessary
   for the establishment, exercise or defense of legal rights;
 * any relevant party for the purposes of prevention, investigation, detection
   or prosecution of criminal offences or the execution of criminal penalties,
   including safeguarding against and the prevention of threats to public
   security;
 * any relevant third party acquirer(s), in the event that we sell or transfer
   all or any relevant portion of our business or assets (including in the event
   of a reorganization, dissolution or liquidation); and
 * any relevant third party provider, where our Sites and our Apps use third
   party advertising, plugins or content. If you choose to interact with any
   such advertising, plugins or content, your Personal Data may be shared with
   the relevant third party provider. We recommend that you review that third
   party’s privacy policy before interacting with its advertising, plugins or
   content.

If we engage a third-party Processor to Process your Personal Data, the
Processor will be subject to binding contractual obligations to: (i) only
Process the Personal Data in accordance with our prior written instructions; and
(ii) use measures to protect the confidentiality and security of the Personal
Data; together with any additional requirements under applicable law.


I. INTERNATIONAL TRANSFER OF PERSONAL DATA

Summary – International transfer of Personal Data
We may transfer your Personal Data to recipients in other countries. Where we
transfer Personal Data from the EEA to a recipient outside the EEA that is not
in an Adequate Jurisdiction, we do so on the basis of Standard Contractual
Clauses.
Because of the international nature of our business, we may need to transfer
your Personal Data within the Company group, and to third parties as noted in
Section (H) above, in connection with the purposes set out in this Policy. For
this reason, we may transfer your Personal Data to other countries that may have
different laws and data protection compliance requirements to those that apply
in the country in which you are located.
Where we transfer your Personal Data from the EEA to recipients located outside
the EEA who are not in Adequate Jurisdictions, we do so on the basis of Standard
Contractual Clauses. You may request a copy of our Standard Contractual Clauses
using the contact details provided in Section (R) below.
Please note that when you transfer any Personal Data directly to a Company
entity established outside the EEA, we are not responsible for that transfer of
your Personal Data. We will nevertheless Process your Personal Data, from the
point at which we receive the data, in accordance with the provisions of this
Privacy Policy.


J. DATA SECURITY

Summary – Data security
We implement appropriate technical and organizational security measures to
protect your Personal Data. Please ensure that any Personal Data that you send
to us is sent securely.
We have implemented appropriate technical and organizational security measures
designed to protect your Personal Data against accidental or unlawful
destruction, loss, alteration, unauthorized disclosure, unauthorized access, and
other unlawful or unauthorized forms of Processing, in accordance with
applicable law.
Because the internet is an open system, the transmission of information via the
internet is not completely secure. Although we will implement all reasonable
measures to protect your personal data, we cannot guarantee the security of your
data transmitted to us using the internet – any such transmission is at your own
risk and you are responsible for ensuring that any Personal Data that you send
to us are sent securely.


K. DATA ACCURACY

Summary – Data accuracy
We take every reasonable step to ensure that your Personal Data are kept
accurate and up-to-date and are erased or rectified if we become aware of
inaccuracies.
We take every reasonable step to ensure that:
 * your Personal Data that we Process are accurate and, where necessary, kept up
   to date; and
 * any of your Personal Data that we Process that you inform us is inaccurate
   (having regard to the purposes for which they are Processed) are erased or
   rectified.


L. DATA MINIMIZATION

Summary – Data minimization
We take every reasonable step to limit the volume of your Personal Data that we
Process to what is necessary.
We take every reasonable step to ensure that your Personal Data that we Process
are limited to the Personal Data reasonably necessary in connection with the
purposes set out in this Policy or as required to provide you services or access
to our Apps and Sites.


M. DATA RETENTION

Summary – Data retention
We take every reasonable step to ensure that your Personal Data are only
retained for as long as they are needed.
We take every reasonable step to ensure that your Personal Data are only
Processed for the minimum period necessary for the purposes set out in this
Policy.
The criteria for determining the duration for which we will keep your Personal
Data are as follows: we will retain copies of your Personal Data in a form that
permits identification only for as long as is necessary in connection with the
purposes set out in this Policy, unless applicable law requires a longer
retention period. In particular, we may retain your Personal Data for the
duration of any period necessary to establish, exercise or defend any legal
rights.


N. YOUR LEGAL RIGHTS

Summary – Your legal rights
Under applicable law, you may have a number of rights, including: the right not
to provide your Personal Data to us; the right of access to your Personal Data;
the right to request rectification of inaccuracies; the right to request the
erasure, or restriction of Processing, of your Personal Data; the right to
object to the Processing of your Personal Data; the right to have your Personal
Data transferred to another Controller; the right to withdraw consent; and the
right to lodge complaints with Data Protection Authorities. We may require proof
of your identity before we can give effect to these rights.
Subject to applicable law, you may have a number of rights regarding the
Processing of your Relevant Personal Data, including:
 * the right not to provide your Personal Data to us (however, please note that
   we may be unable to provide you with the full benefit of our Sites, our Apps,
   or our services, if you do not provide us with your Personal Data – e.g., we
   may not be able to process your orders without the necessary details);
 * the right to request access to, or copies of, your Relevant Personal Data,
   together with information regarding the nature, Processing and disclosure of
   those Relevant Personal Data;
 * the right to request rectification of any inaccuracies in your Relevant
   Personal Data;
 * the right to request, on legitimate grounds:
   * erasure of your Relevant Personal Data; or
   * restriction of Processing of your Relevant Personal Data;
 * the right to object, on legitimate grounds, to the Processing of your
   Relevant Personal Data by us or on our behalf;
 * the right to have certain Relevant Personal Data transferred to another
   Controller, in a structured, commonly used and machine-readable format, to
   the extent applicable;
 * where we Process your Relevant Personal Data on the basis of your consent,
   the right to withdraw that consent (noting that such withdrawal does not
   affect the lawfulness of any Processing performed prior to the date on which
   we receive notice of such withdrawal, and does not prevent the Processing of
   your Personal Data in reliance upon any other available legal bases); and
 * the right to lodge complaints with a Data Protection Authority regarding the
   Processing of your Relevant Personal Data by us or on our behalf.

This does not affect your statutory rights.
To exercise one or more of these rights, or to ask a question about these rights
or any other provision of this Policy, or about our Processing of your Personal
Data, please use the contact details provided in Section (R) below. Please note
that:
 * we may require proof of your identity before we can give effect to these
   rights; and
 * where your request requires the establishment of additional facts (e.g., a
   determination of whether any Processing is non-compliant with applicable law)
   we will investigate your request reasonably promptly, before deciding what
   action to take.


O. COOKIES AND SIMILAR TECHNOLOGIES (COOKIE POLICY)

Summary – Cookies and similar technologies
We may Process your Personal Data by placing or reading Cookies and similar
technologies. For more information, please see our Cookie Policy below.
This policy provides detailed information about how and when we use cookies.
This cookie policy applies to the eFax products or services websites that link
to this policy or incorporates it by reference.
What is a cookie?
A cookie is a piece of data stored on your computer and tied to information
about you. By using and browsing our Sites, you consent to the use by us and
third parties of cookies and other technologies in accordance with this Policy.
What are the different types of cookies?
First party cookies are our own cookies set by our Site, controlled by us, and
used to provide information about the usage of our Site.
Third party cookies are cookies from any other domain. Some of our business
partners (for example, third-party advertisers) may use cookies on the Site, in
emails or in our advertisements on other websites to allow them to deliver the
services they are providing. In order to create a user-friendly experience, some
of our third-party promotions and advertisements are designed to automatically
transmit users’ information onto the third party’s landing page when you choose
to “click” upon a third party’s advertisement or promotion. We do not control
these third parties or their use of cookies. As such, this Policy covers the use
of cookies by the Company and does not cover the use of cookies by any
third-party advertisers. Please check the websites of those third parties for
details on how they use cookies.
How long do cookies stay on your computer?
Two types of cookies may be used on the Site, session cookies and persistent
cookies.
Session cookies are temporary cookies that remain in your browser or device
until you leave the site; they are deleted from your device once you leave the
Service.
Persistent cookies are small files stored on your hard drive until you delete
them or until they reach their expiry date. These may, for example, be used to
remember your preferences when you use the Site, recognize you on your return,
and enhance your experience on the Site (see more about profiles below). Use of
a persistent cookie is not linked to any personally identifiable information
while on the Site except if you choose to store your user names and PINs so that
you do not have to enter them each time you access your accounts. Then, a
persistent cookie will be stored on your computer, which is linked to your
account information. If you reject the persistent cookie, you may still use the
Site but you will be limited in some areas of it.
How do we use cookies?
We may use cookies for the following purposes (either on our own or by using
third party services):
Authentication and Preferences: Cookies can be used to recognize you when you
visit our Sites, remember your preferences (such as languages and communication
preferences), and customize your experience with using our Sites and Services.
Security: Cookies may enable and support our security features and to help us
detect malicious activity.
Advertising: Cookies allow us to bring you advertising both on and off our
Sites. We may also use a cookie to learn whether someone who saw an ad later
visited and took an action on the advertiser’s site. Similarly, our partners may
use a cookie to determine whether we’ve shown an ad and how it performed, or
provide us with information about how you interact with ads. We may also work
with a partner to show you an ad on or off our Sites, such as after you have
visited a partner’s site or application.
Analytics: We use cookies to understand, improve, and research products,
features, and services, including when you access our Sites from other websites,
applications, or devices such as your mobile device.
Geo-Location Information: Some devices allow applications to access real-time
location-based information (for example, GPS). Some photos or other contact you
place within our Service may contain recorded location information. We may use
this information to optimize your experience. Also, some of the information we
collect from a device, for example IP address, can sometimes be used to
approximate a device’s location.
Flash Cookies: We may, in certain situations, use Adobe Flash Player to deliver
special content, such as video clips or animation. Flash cookies are stored on
your device, but they are managed through an interface that is different from
the one provided by your web browser. This means that it is not possible to
manage Flash cookies at the browser level in the same way you would manage other
types of cookies. Instead, you can access your Flash management tools from
Adobe’s website directly.
Our List of Cookies may provide you with more information on the cookies used on
our Sites. Note, the names of cookies, pixels and other technologies may change
over time.
What other technologies do we use?
 * Log Files: Like most websites, our servers use log files to analyze trends,
   administer our sites, track user’s movement in the aggregate, and gather
   broad demographic information for aggregate use. The log file information
   consists of IP addresses, browser type, browser language, referring URL,
   platform type, etc., and is not linked to identifiable personal information.
 * Clear Gifs: Clear gifs are tiny graphics with a unique identifier, similar in
   function to cookies, and we may use them to track the online movements of our
   users. Clear gifs are invisible on the page and are much smaller than
   cookies, about the size of the period at the end of this sentence. We may
   also use clear gifs in our HTML-based emails to let us know which emails have
   been opened by the recipients. This allows us to gauge the effectiveness of
   certain communications and the effectiveness of our marketing campaigns.
 * Profile: We may store information that we collect to create a profile of our
   users. A profile is stored information that we keep on individual users that
   detail their viewing preferences. Consequently, collected information may be
   tied to users’ personally identifiable information to improve the content of
   the Site for users, improve our Services and provide new services that are
   likely to be of interest to users and to direct pertinent product updates and
   marketing promotions to users if they have opted in to receive those
   promotions. We do not share personally identifiable elements of a user’s
   profile with other third parties. User profiles are shared in aggregate form
   only.
 * Do Not Track Response: Certain web browsers may allow you to enable a “do not
   track” option that sends signals to the websites you visit indicating that
   you do not want your online activities tracked. This is different from
   blocking cookies as browsers with the “do not track” option selected may
   still accept cookies. Right now, there is no industry standard for how
   companies should respond to “do not track” signals, although one may be
   adopted in the future. We do not respond to “do not track” signals at this
   time. If we do so in the future, we will modify this Privacy Policy
   accordingly. More information about “do not track” is available
   at www.allaboutdnt.org.

Can I Change My Cookie Preferences?
Browser settings allow you to choose whether or not to accept cookies or limit
certain cookies. Most browsers also provide functionality that lets you review
and erase cookies. If you use our Sites without changing your browser settings,
we will assume that you are happy to receive all cookies on our Sites. Please be
aware that if cookies are disabled, not all features of the Site may operate as
intended.
Your mobile operating system may let you opt out from having your information
collected or used for interest-based advertising on mobile devices. You should
refer to the instructions provided by your mobile device’s manufacturer, but
this functionality is usually available in the “Settings” section of your
device. You can also stop us from collecting information through our
applications by uninstalling our applications.
For more information about these specialized cookies and other technologies, and
to learn more about behavioral advertising or to opt out of this type of
advertising for some companies, you can visit http://www.networkadvertising.org
or http://networkadvertising.org/optout_nonppii.asp.


P. TERMS OF USE

Summary – Terms of Use
The Customer Agreement located on our website will govern all use of our Sites
and our Apps.
All use of our Sites, our Apps, or our services is subject to our Customer
Agreement, available at https://ww2.efax.com/legal#agreement. We recommend that
you review our Customer Agreement regularly, in order to review any changes we
might make from time to time.


Q. DIRECT MARKETING

Summary – Direct marketing
We may Process your Personal Data to contact you with information regarding
services that may be of interest to you. You may unsubscribe for free at any
time.
We may Process your Personal Data to contact you via email, telephone, direct
mail or other communication formats to provide you with information regarding
services that may be of interest to you. If we provide services to you, we may
send information to you regarding our services, upcoming promotions and other
information that may be of interest to you, using the contact details that you
have provided to us and always in compliance with applicable law.
You may unsubscribe from our promotional email list at any time by following the
unsubscribe instructions included in every promotional email we send. We will
not send you promotional emails from a list you have selected to be unsubscribed
from, but we may continue to contact you to the extent necessary for the
purposes of any services you have requested or from additional lists you have
signed up under.


R. CONTACT DETAILS

Summary – A
You may contact us via Consensus DSAR Form, privacy@consensus.com, or the
address set out below. You may contact our Data Protection Officer at the
address set forth below or by emailing dpo@consensus.com.
To submit a Data Subject Access Request, a Data Subject Erasure Request, or to
exercise other rights under the GDPR, please use the following form: Consensus
DSAR Form.

If you wish to be taken off our contact list for direct marketing, please
contact faxunsubscribe@consensus.com

If you have any comments, questions or concerns about any of the information in
this Policy, or any other issues relating to the Processing of Personal Data
carried out by us, or on our behalf, please contact:

 * Consensus Cloud Solutions, LLC
   700 S. Flower St., 15th Floor
   Los Angeles, CA 90017
   Attn: Fax.com / Legal Department
   privacy@consensus.com

The Company, or Company affiliate, has appointed a Data Protection Officer who
may be contacted at dpo@consensus.com.


S. DEFINITIONS

 * “ App” means any application made available by us (including where we make
   such applications available via third party stores or marketplaces, or by any
   other means).
 * “ Adequate Jurisdiction” a jurisdiction that has been formally designated by
   the European Commission as providing an adequate level of protection for
   Personal Data.
 * “ Cookie” means a small file that is placed on your device when you visit a
   website (including our Sites). In this Policy, a reference to a “Cookie”
   includes analogous technologies such as web beacons and clear GIFs.
 * “ Controller” means the entity that decides how and why Personal Data are
   Processed. In many jurisdictions, the Controller has primary responsibility
   for complying with applicable data protection laws.
 * “ Data Protection Authority” means an independent public authority that is
   legally tasked with overseeing compliance with applicable data protection
   laws.
 * “ EEA” means the European Economic Area.
 * “ Personal Data” means information that is about any individual, or from
   which any individual is directly or indirectly identifiable, in particular by
   reference to an identifier such as a name, an identification number, location
   data, an online identifier or to one or more factors specific to the
   physical, physiological, genetic, mental, economic, cultural or social
   identity of that individual.
 * “ Process”, “ Processing” or “ Processed” means anything that is done with
   any Personal Data, whether or not by automated means, such as collection,
   recording, organization, structuring, storage, adaptation or alteration,
   retrieval, consultation, use, disclosure by transmission, dissemination or
   otherwise making available, alignment or combination, restriction, erasure or
   destruction.
 * “ Processor” means any person or entity that Processes Personal Data on
   behalf of the Controller (other than employees of the Controller).
 * “ Relevant Personal Data” means Personal Data in respect of which we are the
   Controller. It expressly does not include Personal Data of which we are not
   the Controller.
 * “ Sensitive Personal Data” means Personal Data about race or ethnicity,
   political opinions, religious or philosophical beliefs, trade union
   membership, physical or mental health, sexual life, any actual or alleged
   criminal offences or penalties, national identification number, or any other
   information that may be deemed to be sensitive under applicable law.
 * “ Standard Contractual Clauses” means template transfer clauses adopted by
   the European Commission or adopted by a Data Protection Authority and
   approved by the European Commission.
 * “ Site” means any website operated, or maintained, by us or on our behalf.


T. CALIFORNIA CONSUMER PRIVACY ACT ADDENDUM

In accordance with the California Consumer Privacy Act, if you are a consumer
residing in California the following addition terms apply to you.
(1) Right to Know About Information Collected, Disclosed or Sold

You have the right to request that we disclose what personal information we
collect, use, disclose, and sell. To submit a verifiable request, please use
our DSAR Form or email privacy@consensus.com

If you have an account with us, we will verify the request by confirming the
email address used to make the request is the same as the email address on file
for the account. If you do not have an account with us, we will verify the
request by sending an email to the email address used to make the request.
The categories of California consumers’ personal information we may collect are
listed above in Section (D) (“Categories of Personal Data”).
With reference to section (D) above, we collect the following categories of data
from our customers: personal details; demographic information; contact details;
consent records; purchase details; payment details; data relating to our Sites
and Apps; employer details; content and advertising data; and views and opinions
of our customers. We use this data for the purposes listed above in Section (G)
(“Purposes for which we may Process your Personal Data”).
With further reference to section (D) above, we collect the following categories
of data from website visitors: data relating to our Sites; employer details;
content and advertising data; and the views and opinions of website visitors. We
use this data for the purposes listed above in Section (G) (“Purposes for which
we may Process your Personal Data”).
We confirm we have not sold any personal information to third parties for a
business or commercial purpose in the preceding 12 months. We confirm we do not
sell personal information of minors under 16 years of age without authorization.
We may disclose the categories of Personal Information listed in Section (G) to
our vendors and service providers for a business purpose.
(2) Right to Request Deletion of Personal Information

You have the right to request deletion of Personal Information collected or
maintained by us. To do so, please submit a request via our DSAR Form, by
emailing privacy@consensus.com or by calling 1 (866) 761-8115.

If you are a current or former customer submitting a request by web form or
email, please provide sufficient information to identify your account, including
your email address on file with us. You may be asked to verify your identity by
responding to us with the email address on file for the account.
If you are not a current or former customer, we may ask for proof of identity
sufficient to show you are the same consumer about whom we have collected
personal information that you are requesting to be deleted.
(3) Right to Opt-Out of the Sale of Personal Information
You have the right to opt-out of the sale of your personal information by a
business. Pursuant to California law, because we do not and will not sell your
personal information, we do not offer such an opt-out at this time.
(4) Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
You have the right not to receive discriminatory treatment by the business for
the exercise of the privacy rights conferred by the California Consumer Privacy
Act.
(5)  Authorized Agent
If you would like to make a request under the California Consumer Privacy Act on
behalf of a California consumer who is a current or former customer, please
provide an email from the email address we have on file for the customer
authorizing the request.
You may also make a request under the California Consumer Privacy Act on behalf
of a California consumer if you provide (1) a signed, written permission from
the consumer to act on your behalf, and the consumer verifies their own identity
directly with us; or (2) proof that the consumer has provided you with power of
attorney pursuant to Probate Code sections 4000 to 4465
We may deny a request from an agent that does not submit proof that they have
been authorized by the consumer to act on their behalf.
(6)  Contact for More Information

If you have any questions or concerns about our privacy policies and practices,
you may contact us via our DSAR Form or privacy@consensus.com, or by calling 1
(866) 761-8115.

(7) Date Privacy Policy Last Updated
Our Privacy Policy was latest updated as of the date indicated at the beginning
of the policy.
Report Spam


HELP STOP UNSOLICITED FAX ADVERTISING

At eFax®, we’re dedicated to protecting your privacy and keeping fax spam out of
your inbox. Our commitment to you is simple:
 * We don’t sell or disclose your fax number, ever
 * We will never send you any faxes
 * We don’t sell or share your email or contact details


HELP US BLOCK SPAM FAXES

Under the Telephone Consumer Protection Act of 1991, it is a violation of
Federal law to transmit an unsolicited advertisement by facsimile. This means
that it is illegal to send a fax unless the recipient has expressly agreed to
receive faxes from the sender, or the sender and receiver have an existing
business relationship.
Despite our best efforts, you may receive unsolicited faxes on occasion. In
order to assist us in our effort to lead the fight against unsolicited junk
faxes, please take the following steps if you are in receipt of an unsolicited
fax:
 1. If the unsolicited fax contains a telephone number or other contact details,
    please contact the sender at once and request to have your fax number
    removed from their list.
 2. If the sender persists, eFax Plus® and eFax Pro™ subscribers may contact
    eFax ® Customer Support and request another fax number.

Thank you for helping us stop illegal fax advertising.

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