Terms and Conditions of Service

Antheus® is a trading name of Antheus Telecom Ltd

These terms and conditions are between Antheus telecom Ltd (“we”; “us”; “the Company”) and the individual or organisation using our goods or services (“you”, “the customer” or “the Client”).

The Company is a business to business supplier. The services provided by the Company are intended for use by business customers and not consumers. By ordering, the Customer confirms that he, she or it wishes to obtain the Services for the purposes of his, her or its business and not as a consumer.

We reserve the right to modify these conditions at any time . Any modification of these terms will be deemed to be effective from the date and time of posting on the Antheus website.

1. Security

You are wholly responsible for the safety and security of your account and the equipment and must put in place such safeguards as necessary to prevent unauthorised use. You are responsible for all persons who use your username and password to access the service, whether authorised or not. Antheus Telecom accepts no responsibility for costs incurred from unauthorised usage of your account.

You must notify us of any unauthorised access to your account which may affect the overall security of our systems.

2 Services

2.1 We will supply all services with reasonable skill and care.

However, we do not guarantee that the services will be uninterrupted, secure or error-free; or that any data generated, stored, transmitted or used via or in connection with our services will be complete, accurate, secure, up to date, received or delivered correctly or at all. While data is backed up on a regular basis we cannot guarantee the integrity of your data.

2.2 This is a voice over data network service and such is dependent on your connection to the data network and the data network itself. It may sometimes be unavailable as a result of things over which we have no control, such as the weather, power disruptions and failures of your internet service provider or broadband connection as well as maintenance or system failures.

2.3 No liability is accepted or compensation offered should the service be unavailable. All goods and services are provided in accordance with these Terms and Conditions, our Acceptable Use Policy and any applicable law existing from time to time. Please note that the Terms and Conditions posted on our website shall supersede all previous Terms and Conditions.

2.4 If you choose not to take our recommendations regarding router and broadband services and equipment there may be a greater likelihood of connectivity problems. These problems may affect quality of service as well as reliability and robustness of service.

3. Calls to Emergency Services

3.1 Emergency calls (999 or 112) are available with the Antheus service only once customers have registered a mainland UK address by calling Antheus support, Users located in the Isle of Man or Channel Islands are excluded.

3.2 As per 2.2 access to public emergency services may not always be available. You agree to inform potential users of this possibility and make provision for an alternative means of accessing emergency services.

4 Calls

4.1 Call destinations include mobile and landline destinations and exclude personal and premium rate numbers.

4.2 Call records for outbound calls will be available via the customer portal for the past 90 (ninety) days only.

4.3 Upon signup for the service, customers will be allocated a free 03XX number

4.4 Without affecting your rights relating to number portability set out under Law, you will not own any phone number we allocate to you or you port in, nor will you have any right to sell any such number.

4.5 Pricing of calls is subject to change without notice

5 Contract Period

5.1 All services except where stated operate on a rolling monthly basis. The start of the period is the 28^th day of any given month.

5.2 Services must therefore be cancelled BEFORE the 28^th of the month otherwise you are liable for another month’s charges.

6 Billing

6.1 All services must be paid in advance with cleared funds and the account must remain in credit at all times.

6.2 Call credit purchased on-line is non-refundable once the service has been used.

6.3 Any Credit balance unused for 6 (six) months or more will be deducted from the user’s account.

6.4 Any chargeable inbound numbers will be cancelled if the service renewal fails due to an insufficient account balance.

6.5 We reserve the right to deduct unpaid items from user’s account balances, or the balance of any associated accounts without notice.

7 DATA PROTECTION

“Data Controller” bears the meaning set out in section 1(1) of the Data Protection Act 1998;

“Data Subject” means an individual who is the subject of Personal Data;

“Personal Data” bears the meaning set out in section 1(1) of the Data Protection Act 1998 and relates only to personal data, or any part of such personal data, in respect of which the Company is the Data Controller and in relation to which the Processor is providing services under this agreement; and

“Processing” and “process” bear the meaning set out in section 1(1) of the Data Protection Act 1998.

Company’s Obligations

7.1 The Customer and the Company acknowledge that for the purposes of the Data Protection Act 1998, the Client is the Data Controller and the Company is the data processor in respect of any Personal Data.

7.2 The Company shall process the Personal Data only in accordance with the Client’s instructions from time to time and shall not process the Personal Data for any purpose other than those expressly authorised by the Client.

Warranties

7.3 Each party warrants to the other that it will process the Personal Data in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments.

7.4 The Company warrants that, having regard to the state of technological development and the cost of implementing any measures, it will: (a) take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data to ensure a level of security appropriate to: (i) the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage; and(ii) the nature of the data to be protected; and (b) take reasonable steps to ensure compliance with those measures.

Data Subjects

7.5 The Client acknowledges that the Company is reliant on the Client for direction as to the extent to which the Company is entitled to use and process the Personal Data. Consequently, the Company will not be liable for any claim brought by a Data Subject arising from any action or omission by the Company, to the extent that such action or omission resulted directly from the Client’s instructions.

8 Compliance

8.1 All Services are provided to customers on the understanding that they adhere to the Company’s Acceptable Use Policy

Acceptable Use Policy

This Acceptable Use Policy is in place to ensure the ongoing integrity of the Antheus network. Customers are required to use the services provided in a Legal and responsible manner.

This Usage Policy works hand in hand with our Terms and Conditions, either of which may be revised without notice.

Antheus, at their sole discretion, reserve the right to terminate any account that breaches this Usage Policy.

1.1. You must not use the Services (or permit them to be used) for any illegal or unlawful purpose under any relevant Law. This may include, without limitation:

1.1.1. sending menacing, offensive, defamatory, obscene, indecent or abusive communications using the Services; and

1.1.2. using the Services to create or send Malware.

1.3. Without affecting clause 1.1, you are solely responsible for ensuring that your use of the Services does not contravene any relevant Law relating to the sending of unsolicited communications.

1.3.1. Antheus Reserves the right to conduct Ad-Hoc Audits where necessary to validate compliance.

1.4. Antheus reserves a right to terminate with immediate effect accounts that initiate traffic to profit sharing numbers (Premium Rate Numbers, including personal numbers). No refund will be offered under any circumstances.

1.5. You warrant that your use of the Services will not infringe any third party intellectual property or other rights.

1.6. It is your responsibility to ensure Login names and passwords are kept secure and they must not be disclosed to third parties.

Complaint and Dispute Resolution Procedure

We hope you never have cause to complain about our service but no service is perfect and sometimes it may be necessary to contact us about a problem.

We will address any complaints as fairly and as quickly as possible.

To contact us about a problem please either: Email us at support@antheus.co.uk or Call us on 01626 336 888 (9am to 5pm, Monday to Friday) and we will try to resolve your problem there and then. If we can’t sort things out immediately, we’ll agree a plan of action with you.

In the unlikely event that you still feel that your complaint has not been resolved to your satisfaction, you may escalate it to a manager – either immediately whilst on the phone, or by email to sales@antheus.co.uk

If you are still unhappy with the outcome, after a period of 8 weeks or if we’ve investigated the problem fully but reached a deadlock, you have the option of referring your complaint to the Ombudsman Services for independent consideration.

The Ombudsman will make an independent decision based on the merits of your complaint.

The Ombudsman can be found here.

Privacy Policy

The GDPR (General Data Protection Regulation) is EU legislation that will replace the existing UK Data Protection legislation on 25^th May 2018. It applies to every organisation that controls (data controllers) and/or processes (data processors) personal data. Full details can be found at the Information Commissioner’s website.

Antheus Telecom is a business to business supplier.

How Does GDPR Apply to my business?

All Antheus Telecom customers are data controllers under the GDPR and Antheus Telecom is a data processor of your data. See ‘What information do you store?’ for an exception where Antheus acts as a data controller.

Are you registered with the information Commissioner?

Antheus Telecom has maintained data protection registration with the UK Information Commissioner’s Office since 2005.

Where does Antheus store our data?

Data used as part of Antheus Telecom services is stored on our own dedicated servers which are located in a Tier 4 Datacentre in the UK. The Datacentre meets the highest levels of building security, including constant security by trained security staff 24/7, electronic access management, proximity access control systems and CCTV. It is monitored 24/7 by 380 cameras onsite. Our server cabinets are all fitted with electronic locks and all access to the individual racks are logged. All of the equipment in the racks is owned by us.

International Accreditations

The Data Centre adheres to the following internationally recognised accreditations:

– ISO/IEC 27001:2013 (Information Security Management)
– ISO 22301:2012 (Business Continuity Management)
– PCI-DSS v3 (Payment Card Industry Data Security Standard)
– ISO 9001:2008 (Quality Management system)
– ISO 14001:2004 (Environmental Management)
– ISO 50001:2011 (Energy Management)
– BS OHSAS 18001:2007 (Occupational Health and Safety Management)
– RMADS (Public Sector Compliance)

How do you ensure the security of our data?

All of our applications have been designed with security in mind. We have multiple levels of firewalls in place. We regularly have penetration testing carried out by an independent organisation to verify we are secure against known exploits. All data is stored on our own equipment in the UK and we do not outsource any storage.

Does Antheus Access our data?

Antheus may from time to time view and change your data in order to provide maintenance and product support. We do not use your data for any other purpose other than to comply with regulations and law enforcement.

How is our data transferred into your systems?

There are various ways of ingress to our systems. Data may be uploaded via your admin panel or via API’s. All of which are authenticated. You have complete visibility of the process and it’s under your control. We may also enter data at your request for such items as voice menu prompts or recording greetings.

What information do you store?

In addition to data we process on your behalf, we also have the role of data controller for information about your business.

This allows us to manage our business for such items as invoicing, customer support etc. We do not store any credit/debit card information on our systems nor do we keep bank account details.

We hold limited information on your Employees. This will consist of names, contact details and security questions and answers where appropriate, in order to talk about your account.

How long do you retain data?

The Contact data of individuals within your business is retained until you ask us to remove them.

We maintain individual call data records for 12 months in order to comply with legal requirements

How do I make a Subject access request and/or exercise ‘The right to be forgotten’?

All data with regards to phone records are available to you on your customer portal. However, we have no means as to the context. In other words, all the information we have is the number called and optionally an associated recording. We have no information on who called nor who they were calling. If you require a recording to be permanently deleted please make a support request.

Our call centre systems do however have the facility to produce the appropriate report and optionally delete the data. This can be achieved from the admin panel of the system you are using.

Personal Data

Personal data and information you provide us with shall be kept confidential.
We shall only use this information to deliver our services and manage our relationship with you. We shall never sell or rent your or your members/users information to a third party.
We only store and process personal data on secure servers located in the UK. We restrict the number of people in our organisation with access to your personal data and ensure that they are managed according to strict policies and procedures.
We reserve the right to disclose personal data to the appropriate regulatory or legal authorities if required to do so.

UK Law and call recordings

In the United Kingdom, it is legal to record telephone conversations, but there are some restrictions and requirements that must be followed.

According to the Regulation of Investigatory Powers Act 2000 (RIPA), it is legal to record telephone conversations for the purposes of “domestic purposes,” such as quality control or training. However, it is not legal to record telephone conversations for the purposes of obtaining evidence to be used in legal proceedings, unless the recording is made with the consent of all parties involved.

The Data Protection Act 2018 (DPA) also applies to the recording of telephone conversations. Under the DPA, it is required to inform the other party that the call is being recorded, and to obtain their consent before recording the conversation.

Additionally, The Privacy and Electronic Communications (EC Directive) Regulations 2003 also applies to the recording of telephone conversations. It requires that if a call is being recorded, a message must be played at the beginning of the call informing the person that the call is being recorded.

In summary, it is legal to record telephone conversations in the UK, but you must obtain the consent of all parties involved, and inform them that the call is being recorded, otherwise, it will be considered as a violation of privacy.

How does GDPR apply to the above?

The General Data Protection Regulation (GDPR) applies to the recording of telephone conversations as it relates to the processing of personal data. Under GDPR, personal data refers to any information that can be used to identify a living individual. This includes information such as names, addresses, and phone numbers, as well as audio recordings of telephone conversations.

Here are some ways that GDPR applies to the recording of telephone conversations:

1. Legal basis for processing: Under GDPR, organisations must have a legal basis for processing personal data. For the recording of telephone conversations, the legal basis would typically be the legitimate interest of the organisation, or the consent of the individual.
2. Transparency: GDPR requires that individuals be informed about the processing of their personal data, including the recording of telephone conversations. Organisations must provide clear and concise information about the recording, including the purpose of the recording, the duration of storage, and the rights of the individual.
3. Data minimisation: GDPR requires that organisations only collect and process the personal data that is necessary for the specific purpose. In the case of recording telephone conversations, this means that organisations should only record the necessary parts of the conversation and should not record any unnecessary information.
4. Data retention: GDPR requires that personal data is only kept for as long as is necessary for the specific purpose. In the case of recording telephone conversations, organisations should retain the recordings for as long as is necessary for the purpose for which they were collected, such as quality control or training.
5. Data security: GDPR requires that organisations take appropriate measures to protect personal data from unauthorised access, alteration, and loss. In the case of recording telephone conversations, organisations should ensure that the recordings are stored securely and are only accessible to authorised individuals.

In summary, GDPR applies to the recording of telephone conversations as it relates to the protection of personal data and the rights of the individuals. Organisations must ensure that they have a legal basis for processing the data, that they are transparent about the recording and the use of data, minimise the amount of data collected, retain the data for a specific period of time and ensure data security.

If you are unsure as to any of the above you should seek legal advice