Privacy Policy

Effective Date: March 26, 2020

Thank you for visiting Daily. We think privacy is seriously important! We never sell or share any information you give us. We don’t collect or keep any data other than what’s necessary to provide video calls, phone dial-in, and Daily dashboard features. We do use cookies to keep you from having to sign in every time you use Daily, and to keep track of your camera and microphone settings.

This Privacy Policy provides our policies for collecting, using, and disclosing your information and personally identifiable data (“Personal Data”).

If you would like to delete your account, please contact us using the live chat button at the bottom right of this web page or by email at help@daily.co.

Our Services

You can access the Daily Service through our website daily.co. No matter how you access our services, we collect as little data about you as possible and this document describes what data we do collect and save, and why.

Information We Collect

When you interact with any of our services, we collect both information you provide, and information about the computer, phone, or web browser you are using.

• Information you voluntarily provide, for example when registering for a Daily account. This includes information like your email address and name.
• Settings, such as your most recently specified camera and microphone mute state.
• Usage data such as when you joined and left a particular video call.
• Performance data including network bandwidth used during a call and whether we were able to detect any audio issues during a call.

Why and How We Use The Data We Collect

• Information you voluntarily provide is used to implement our video call services and Daily dashboard features. We save this information until you change/remove it or until your account is deleted.
• Settings are saved either in our account information database or in a web browser cookie. You can delete all your Daily cookies any time.
• We store usage data in order to implement Daily dashboard features, to perform general analytics on how many people are using which features of our services, and to perform capacity and security planning. We store usage data for one year.
• We store performance data in order to perform general analytics on (and to continually improve) the quality of our calls. We delete performance data after one month.

Third-party Analytics

We sometimes use third-party web site analytics tools such as Google Analytics to help us better understand how people are using our web site and services. These tools use cookies to track web site and web application usage.

We use applications like Mixpanel and Intercom as part of our analytics and live chat customer support.

To the best of our knowledge all of the third-party tools that we use adhere to industry best practices and are compliant with all applicable data privacy laws, including the European Union’s General Data Protection Regulation.

Where We Store and Process Your Data

We are based in the United States and store all of your data on servers in the US. Some of our third-party analytics providers may store or process your data on servers outside the United States. However, this privacy policy covers all data we collect, wherever it is stored and processed.

Disclosure of Your Personal Data and Other Information

We do not sell your information, period. There are, however, the following circumstances in which we may share your Personal Data with certain third parties without further notice to you:

As required by a court ordered search warrant or other legal obligation.

In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

We sometimes hire other companies to perform certain business-related functions. A few examples of such functions include maintaining databases and processing payments. When we employ another business to perform a function for us, we only provide them with the information that they need to perform the specific function.

Email

When you sign up for an account, or contact us via email or customer support chat, you usually provide us with your email address.

We may use this email to contact you in the future to tell you about our services or to answer questions you’ve asked us. If we do so, each email we send you will contain instructions permitting you to “opt out” of receiving future email communications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us via email at help@daily.co, support chat, or as indicated below.

Our Legal Basis For Handling Your Personal Data

The laws in some jurisdictions require companies to tell you about the legal ground they rely on to use or disclose your personal data. Our legal grounds are as follows:

• Contractual commitments. The majority of our processing of personal data is done immediately in the context of providing the services that you either sign up for when you create an account, or intentionally make use of when you start or join a video or telephone call.
• Legitimate interests. In other cases, we handle personal data with the basis that it furthers our legitimate interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals:
• Providing a reliable and useful user experience
• Providing customer service
• Marketing, for example sending emails or other communications to let you know about new features
• Protecting our users, personnel, and property
• Analyzing and improving our business, for example collecting information about how features of our services are used
• Legal compliance. We need to use and disclose personal data in certain ways to comply with legal obligations.
• Consent. We handle personal data on the basis of your implied or express consent, for example storing the names of the video call rooms that you create in your Daily.co dashboard.
• Legal compliance. We need to use and disclose personal data in certain ways to comply with legal obligations.
• Consent. We handle personal data on the basis of your implied or express consent, for example storing the names of the video call rooms that you create in your Daily.co dashboard.

Our Policy Toward Children

Kids are awesome! Our services, though, aren’t intended for children. We do not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data to us. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on the Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to us through the Services, please contact us, and we will make our best effort to delete that information from our databases.

Security

We follow industry standards with regards to data security. We take our obligation to safeguard the data we have very seriously. Our data protection officer is Kwindla Hultman Kramer, the company’s co-founder and CEO.

Requesting or Deleting Your Data

If you would like us to delete all data we have about you, or would like us to send you a copy of all data we have about you, please contact us at help@daily.co.

Transfers of Personal Information Out of the EEA, Switzerland, and the UK 

Privacy Shield

Daily complies with both the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Economic Area (EEA),  Switzerland, and the UK, respectively, to the United States. Daily is committed to subjecting all personal information received from EEA countries, Switzerland and the UK in reliance on the Privacy Shield Frameworks, to the Principles of the applicable Framework. If there is any conflict between the terms in this Privacy Statement and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit U.S. Department of Commerce's Privacy Shield List at https://www.privacyshield.gov/. 

Daily is responsible and liable for the processing of personal information it receives under the Privacy Shield Frameworks and subsequently transfers to a third party acting as its agent. Daily complies with the Privacy Shield Principles for all onward transfers of personal information from the EEA, Switzerland and the UK, including the onward transfer liability provisions.

With respect to personal information received or transferred pursuant to the Privacy Shield Frameworks, Daily is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Daily may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

1. Our relationship with you

We are the “controller” with respect to the personal information of the personal information of people and companies with Daily accounts, because we determine the means and purposes of processing your information when using our Services. We are the "processor" of personal information submitted through our API endpoints, API libraries, or logged in the course of end-user activities powered by our APIs, and the owner of the Daily account using our APIs is the "controller" of that information.

2. Legal bases for processing personal information from the EU

We describe how we process your personal information above in the body of this Privacy Policy. We may process your personal information if you consent to the processing, to satisfy our legal obligations, if it is necessary to carry out our obligations arising from any contracts we entered with you or to take steps at your request prior to entering into a contract with you, or for our legitimate interests to protect our property, rights or safety of Daily, our customers or others.

3. Privacy Rights

Pursuant to the Privacy Shield Frameworks, EEA and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to help@daily.co.

As described above, we allow you to delete your account and all data related to your account at any time. Please email help@daily.co. We will handle your request under applicable law. When you make a request, we may verify your identity to protect your privacy and security.

Unless you delete your account or delete certain personal information (i.e., video call rooms), we will store your personal information as long as your account is open. If you delete your account, we will delete all your personal information, unless a longer retention period is required or permitted by law.

We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to help@daily.co.

The rights described above may be limited by local laws. Further, your right of access and deletion is not absolute and may not be available if fulfillment of such right would, among other things:

• Cause interference with execution and enforcement of the law and legal private rights (such as in the case of the investigation or detection of legal claims or the right to a fair trial);
• Breach or prejudice the rights of confidentiality and security of others;
• Prejudice security or grievance investigations, corporate re-organizations, future and ongoing negotiations with third parties, the compliance with regulatory requirements relating to economic and financial management; or
• Otherwise violate the interests of others or where the burden or cost of providing access would be disproportionate.
  
  

4. Complaints

If you believe that we have infringed your rights, we encourage you to contact us so that we can try to address your concerns or dispute informally. Our contact information is:

Privacy Officer Daily, Co., 548 Market St, Suite 39113, San Francisco, California 94104 US, help@daily.co

Daily has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/privacy-shield-complaints/ for more information and to file a complaint. This service is provided free of charge to you.


If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

Contacting Us

If you have any questions about this Privacy Policy, or would like us to take any action regarding any data we have about you, please contact us at help@daily.co, or via the customer support chat feature on this web page, or by mail at Daily, Co., 548 Market St, Suite 39113, San Francisco, California 94104 US.