Legal Documents

The following documents provide information about BroadAspect's standards and practices as regard our customers. Please review them if you have any question about what is and is not allowed. Your understanding of the terms and conditions governing the use of our website, computer network, products and services and your cooperation in policing those persons that may be violating these terms and conditions will ensure that all of our products, services and computer network resources are used in a manner that maximizes their availability to our customers and website users.

We require that every customer accept and agree to BroadAspect's Terms of Service for each service that the customer has selected.

The Terms of Service constitute a legal agreement between the customer and BroadAspect. In the Terms of Service, each customer agrees, among other things, to be bound by the terms and conditions of this Acceptable Use Policy (AUP). This AUP also binds all users and visitors to BroadAspect’s services and Web sites; by the act of using BroadAspect’s services or visiting its Web sites, all such users and visitors agree to be bound by this AUP and by the Terms of Service. (Customers, users, and visitors are referred to herein collectively as "Customers.")

BroadAspect requires that all Customers conduct themselves as good citizens of the Internet and at all times behave with respect for others. Each Customer is responsible for preventing violations of this AUP by third parties accessing BroadAspect services through Customer's computers or accounts, including without limitation hackers and Customer's own users.

The following activities are expressly prohibited:

1. Spam/Email Marketing. BroadAspect does not tolerate Spam or email marketing of any kind, whether legal or illegal. Do not send more than one hundred (100) unsolicited emails during any twenty-four (24) hour period. Any message sent to a recipient from a purchased, rented, licensed, or traded list of email addresses is automatically considered unsolicited. (Messages forbidden by this paragraph are collectively referred to herein as "Email Marketing.") (Email Marketing creates a risk that BroadAspect will be blacklisted from other networks and so could adversely affect other BroadAspect users.)


Do not violate the CAN-SPAM Act of 2003. Do not send Email Marketing Messages or facilitate Email Marketing, even if such conduct is CAN-SPAM compliant. Do not host or allow to be hosted any site or information that is advertised by Email Marketing, even if such conduct is CAN-SPAM compliant.


Do not set up an open mail relay that is not password protected or that could allow anyone to send Email Marketing Messages.

2. Intellectual property infringement, including violations of copyright, trademark, and patent rights, and use or distribution of pirated software.

3. Hacking or perpetration of any security breach.

4. Unauthorized access to any computer or system, including intrusion into or scanning of other BroadAspect accounts.

5. Dissemination of deliberately offensive material, including any message or information that is or may be threatening, libelous, obscene, or harassing.

6. Child pornography or any other activity harmful to minors. (BroadAspect does allow hosting of adult content that is legal under U.S. law, including applicable state law, provided such content does not fit any excluded criterion listed in this Part A or otherwise violate any BroadAspect policy.)

7. Fraud

8. Violation of privacy rights

9. Use of third party software without a proper license or other appropriate permission, including Microsoft software.

10. Network attacks or any unfriendly effort to interfere with service on another network or server.

11. Virus distribution or distribution of any worm or other harmful code.

12. Use of Internet relay chat ("IRC") , including hosting of an IRC server, running IRC bots, use of a BroadAspect server as an IRC client or proxy, and use of IRC scripts or programs that interfere with service to other users on any server or network.

13. Illegal activities of any kind

Investigations, disruptions, & security:

A. BroadAspect may suspend Service in whole or in part without advanced notice if it reasonably suspects an AUP violation. Customer will reimburse BroadAspect for any expenses resulting from Customer's violation of the AUP, including investigation fees (not to exceed $500 per incident or claim) and attorneys' fees. Investigation fees include fees of $75.00 per half-hour for each BroadAspect staff-member. BroadAspect may also disable Customer's service if BroadAspect suspects that such service is the target of an attack or in any way interferes with services provided to other customers, even if Customer is not at fault. BroadAspect does not issue refunds for terminating service due to any of the causes above.
Customer is responsible for the use of its service, including use by hackers and other unauthorized third parties. Customer's responsibility includes payment for exceeding transfer and bandwidth limits.

Except where BroadAspect accepts such responsibility through provision of Managed Services (per the Terms of Service), Customer is responsible for maintaining security, including disaster recovery systems and backups. (Customer is advised to maintain backups on its own premises.)

B. Reporting AUP Violations:
BroadAspect requests that anyone with information about a violation of this AUP, or of BroadAspect's Terms of Service, report it by sending an email to abuse@BroadAspect.com.
 
*Some of the terms of this AUP may overlap terms of the BroadAspect Terms and Conditions. In the event of any inconsistency, the BroadAspect Terms and Conditions will govern the relationship between BroadAspect and Customer.

C. Agreement:

As a BroadAspect customer, customer is in agreement with AUP terms and conditions.

Acceptable Use Policy (“AUP”) - Version 3.5

Your privacy matters to us. BroadAspect (NextMetro, LLC, "BroadAspect," "we," "us," or "our") is a cloud, network, and voice services provider headquartered in Ashburn, Virginia. This Privacy Policy explains how we collect, use, share, and protect personal information when you visit broadaspect.com (the "Site") or use any of our services (collectively, the "Services"). It also describes the rights and choices you have regarding your personal information.

By using the Site or Services, you agree to the practices described in this Privacy Policy. If you do not agree, please do not use the Site or Services.

A note on California law applicability:

BroadAspect does not currently meet the revenue or data-volume thresholds that trigger mandatory compliance with the California Consumer Privacy Act (CCPA) or the California Privacy Rights Act (CPRA). Nevertheless, we are committed to privacy best practices and voluntarily provide California-style consumer rights, as described in Section 9. This Privacy Policy does comply with the California Online Privacy Protection Act (CalOPPA), which applies to all commercial websites collecting personal information from California residents.

 

1. Information We Collect

1.1 Information You Provide Directly

When you register for our Services or contact us, you may provide:

●      Name and job title

●      Company name and mailing address

●      Telephone number(s)

●      Email address

●      Billing and payment information (such as credit card number, bank account details, or billing address)

●      Type of personal computer or device used to access the Services

●      Any other information you choose to include in communications with us

 

1.2 Information We Collect Automatically

When you visit the Site or use the Services, we automatically collect certain information through cookies and similar technologies, including:

●      IP address and general geographic location (city/region level)

●      Browser type and version

●      Operating system

●      Pages visited, links clicked, and time spent on pages

●      Referring URL (the page that linked you to our Site)

●      Date and time of your visit

 

We use Google Analytics and Google Ads (Adwords) to understand how visitors use the Site and to measure the effectiveness of our advertising. These services may use cookies and similar tracking technologies. For more information on how Google uses data, please visit https://policies.google.com/privacy.

 

1.3 Information We Do Not Collect

We do not knowingly collect sensitive personal information such as Social Security numbers, government-issued identification numbers, precise geolocation data, racial or ethnic origin, religious beliefs, or biometric data through the Site.

2. How We Use Your Information

We use personal information for the following purposes:

●      To create and manage your account and deliver the Services you have requested

●      To process payments and manage billing

●      To communicate with you about your account, service updates, and support requests

●      To respond to your inquiries and provide customer service

●      To send administrative notices, service announcements, and policy updates

●      To conduct customer surveys and solicit feedback (participation is voluntary)

●      To analyze Site usage and improve our Services

●      To display advertising on the Site and measure its effectiveness, using aggregated and non-identifying information only

●      To detect, investigate, and prevent security incidents and fraudulent or illegal activity

●      To comply with applicable legal obligations

●      To manage our telecommunications network and ensure service quality

 

We do not use your personal information for automated decision-making or profiling that produces legal or similarly significant effects.

3. How We Share Your Information

3.1 We Do Not Sell Your Personal Information

BroadAspect does not sell your personal information.

We do not sell, rent, license, or trade personal information about our Visitors or Members to third parties for monetary or other valuable consideration.

 

3.2 Service Providers

We may share personal information with trusted third-party service providers who assist us in operating the Site and delivering the Services — for example, payment processors, IT infrastructure providers, and customer support platforms. These service providers are authorized to use your personal information only to the extent necessary to perform services on our behalf and are contractually required to protect its confidentiality.

 

3.3 Joint Promotions

If BroadAspect and a partner jointly promote the Services, we may share your name, address, and username with that partner solely to assess the results of the promotion. The partner is not authorized to use that information for any other purpose.

 

3.4 Advertising and Analytics

We share aggregated, non-identifying information (such as demographic statistics or total visitor counts, but never your name, address, email, or phone number) with advertising partners and analytics providers. Third-party advertising companies that serve ads on our Site may use cookies and similar technologies to collect information about your visits to this and other websites in order to serve relevant advertisements. This information does not identify you personally.

 

If you wish to opt out of Google Analytics advertising features, you may do so at: https://tools.google.com/dlpage/gaoptout

 

3.5 Legal and Safety Disclosures

We may disclose personal information when we believe in good faith that disclosure is necessary to:

●      Comply with applicable laws, regulations, or legal process (including lawful requests by public authorities);

●      Enforce our Terms of Service or Acceptable Use Policy;

●      Detect, prevent, or respond to fraud, security incidents, or technical issues; or

●      Protect the rights, property, or safety of BroadAspect, our customers, or the public.

 

3.6 Business Transfers

If BroadAspect is involved in a merger, acquisition, sale of assets, or similar transaction, personal information may be transferred as part of that transaction. We will notify you via the Site or email before your personal information is transferred and becomes subject to a different privacy policy.

4. Cookies and Tracking Technologies

A "cookie" is a small data file stored on your device when you visit a website. We use cookies and similar technologies for the following purposes:

●      Session management (keeping you logged in during a visit)

●      Analytics (understanding how visitors use the Site via Google Analytics)

●      Advertising measurement (Google Ads)

 

Most web browsers accept cookies by default, but you can configure your browser to refuse cookies or alert you before accepting them. Note that disabling cookies may affect the functionality of certain parts of the Site.

 

Third-party advertising partners and analytics providers may set their own cookies. We do not control those cookies and are not responsible for them. Please refer to each third party's privacy policy for more information.

5. Data Retention

We retain personal information for as long as necessary to fulfill the purposes described in this Privacy Policy, unless a longer retention period is required or permitted by law. In general:

●      Account and billing records are retained for the duration of your customer relationship with BroadAspect and for up to seven (7) years after account closure, to comply with tax, financial, and legal recordkeeping obligations.

●      Support and correspondence records are retained for up to three (3) years after the matter is resolved.

●      Website analytics data (collected through Google Analytics) is retained in accordance with Google's data retention settings, which we have configured to the minimum period necessary for our analytics purposes.

●      Marketing survey responses are retained in aggregated, non-identifying form indefinitely; individually identified responses are deleted within one (1) year of collection.

 

When personal information is no longer needed, we securely delete or anonymize it.

6. Data Security

We implement administrative, technical, and physical security measures reasonably designed to protect your personal information from unauthorized access, disclosure, alteration, or destruction. These measures include SSL/TLS encryption for data in transit and access controls limiting who within BroadAspect can access personal information.

 

However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to protect your personal information, we cannot guarantee absolute security. If you believe your account has been compromised, please contact us immediately at the address in Section 11.

7. Children's Privacy

The Site and Services are directed to businesses and adults. We do not knowingly collect personal information from children under the age of 13. If we become aware that a child under 13 has provided personal information to us, we will take steps to delete that information promptly. If you believe we have inadvertently collected information from a child, please contact us using the information in Section 11.

8. Third-Party Links and Services

The Site may contain links to third-party websites or services. This Privacy Policy does not apply to those third-party sites. We encourage you to review the privacy policies of any third-party sites you visit. We are not responsible for the privacy practices or content of third-party websites.

9. Your Privacy Rights

9.1 California Residents — CalOPPA Rights

Under the California Online Privacy Protection Act (CalOPPA), California residents may request information about our disclosure of personal information to third parties for their direct marketing purposes. BroadAspect does not share personal information with third parties for their own direct marketing purposes. If you have questions about this practice, you may contact us at the address in Section 11.

 

California's "Shine the Light" law (California Civil Code §1798.83) permits residents to request, once per year, a list of any third parties to whom we have disclosed personal information for direct marketing purposes and the categories of information disclosed. Because BroadAspect does not share personal information with third parties for their direct marketing purposes, this right does not yield any disclosures. You may still submit a request to confirm this by contacting us at the address in Section 11.

 

9.2 Voluntary CCPA-Style Rights (All Users)

Although BroadAspect is not a "business" covered by the CCPA/CPRA, we voluntarily honor the following consumer rights for all users:

 

Right to Know. You may request that we disclose: (a) the categories and specific pieces of personal information we have collected about you; (b) the categories of sources from which it was collected; (c) the business purposes for which it is collected; and (d) the categories of third parties with whom it is shared.

 

Right to Delete. You may request that we delete the personal information we have collected from you, subject to certain exceptions (for example, where we need to retain information to complete a transaction, comply with a legal obligation, or detect fraud).

 

Right to Correct. You may request that we correct inaccurate personal information we hold about you.

 

Right to Non-Discrimination. We will not deny you services, charge you different prices, or provide a lower quality of service because you exercised any of the rights described in this section.

 

9.3 How to Submit a Privacy Rights Request

To exercise any of the rights above, please contact us using one of the following methods:

 

●      Email: legal@broadaspect.com (subject line: "Privacy Rights Request")

●      Toll-free telephone: 703-443-8274

●      Mail: BroadAspect, Attn: Privacy, P.O. Box 1186, Ashburn VA 20146

 

We will acknowledge your request within 10 business days and respond within 45 days. If we need additional time, we will notify you of the extension (up to an additional 45 days) and the reason for it. We will not charge a fee for reasonable requests. We may ask you to verify your identity before processing your request.

 

Authorized Agents. You may designate an authorized agent to submit a privacy rights request on your behalf. We will require reasonable proof of authorization before processing a request from an agent.

10. Do Not Track Signals

Some browsers transmit "Do Not Track" (DNT) signals to websites. Because there is currently no uniform standard for how websites should respond to DNT signals, our Site does not currently respond to DNT browser settings. We will revisit this position if and when a standard is established.

11. Contact Us

If you have questions, concerns, or requests regarding this Privacy Policy or our privacy practices, please contact us:

 

NextMetro, LLC d/b/a BroadAspect

Email: legal@broadaspect.com

Phone: 703-443-8274

Mailing Address: PO Box 1186, Ashburn, VA 20146

 

We aim to respond to all privacy inquiries within 10 business days.

12. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. When we make material changes, we will post the revised policy on the Site homepage and update the "Effective Date" at the top of this document. We will also provide additional notice (such as an email notification) for significant changes. Your continued use of the Site or Services after the effective date of any update constitutes your acceptance of the revised policy.

 

We review this Privacy Policy at least annually and update it as needed to reflect changes in our data practices or applicable law.