Gryphon ONE Platform
Service-Specific Terms
The Gryphon ONE Platform (the “Service Platform”) is a cloud-based Software-as-a-Service (“SaaS”) platform. Gryphon ONE safeguards businesses from costly regulatory risks and unnecessary constraints on audience reach by delivering automated compliance protection across every interaction. Our comprehensive platform offers intelligent contact compliance before contact with real-time screening and blocking of non-compliant communications, during contact with dynamic call guidance that delivers real-time compliance disclosures, and after contact with audit-ready intelligence and tools for expanding your marketable universe.
By combining market-leading contact compliance with real-time intelligence and insights, Gryphon ONE empowers organizations to interpret and act on risk signals to proactively mitigate risk while driving strategic growth.
System Requirements
A high-speed internet connection is required for use of the Service Platform. Customer is responsible for procuring and maintaining the network connections that allow Customer to access the Service Platform.
Do-Not-Contact Data
To ensure compliance with outbound calling and texting laws and regulations at both the state and federal level, individuals and/or entities performing such outreach are required to register for access to state, federal and private “do-not-contact” data directly with the appropriate sources. Gryphon may be prohibited from sharing do-not-contact data with individuals and/or entities that have not independently registered and been provided access to such data. Customer shall remain in compliance with all applicable laws and regulations obligating Customer to register and maintain access to do-not-contact data while utilizing the Service Platform.
Customer and Customer’s Authorized Users shall not utilize the Service Platform to attempt to contact a telephone number, whether such telephone number is designated as a residential landline telephone number or a wireless telephone number, for which Customer has not successfully registered and been provided access to applicable private, state, or federal do-not-contact data.
Additionally, Customer and Customer’s Authorized Users shall not use the Service Platform to either:
- place calls to jurisdictions outside the U.S or Canada, as applicable,
- transmit false, defective, or misleading caller ID information,
- place any prerecorded or automated voice telephone calls; or
- utilize any portion of the Service Platform in conjunction with an automated telephone dialing system (“ATDS”).
United States
The National Do-Not-Call Registry (“National DNC Registry”) allows individuals to indicate their desire to limit unwanted telephone calls and text messages by registering their telephone numbers (both landline and wireless). The National DNC Registry is managed by the Federal Trade Commission (“FTC”), and its application is enforced by the FTC, the Federal Communications Commission (“FCC”), and state officials.
National Do-Not-Call Registry Requirements
Customer shall meet each of the following requirements before using the National DNC Registry in conjunction with the Service Platform:
- Customer shall complete the FTC’s certification requirements and purchase a Subscription Account Number (“SAN") for the National DNC Registry from the FTC.
- Customer shall purchase access for each area code Customer will be calling. All area codes in the 50 states, the District of Columbia, Puerto Rico, U.S. Virgin Islands, Guam, North Mariana Islands, American Samoa, and toll-free numbers (500, 800, 866, 877, 880, 881, 882, and 888) are covered by the National DNC Registry.
- Customer shall provide the SAN Organization ID and expiration date to Gryphon prior to using the Service Platform.
- Customer shall renew its SAN annually, providing Gryphon with the updated SAN Organization ID and expiration date prior to expiration of Customer’s current SAN.
State Do-Not-Call List Requirements
- Customer is required to register and purchase access to all applicable State do-not-contact lists prior to Gryphon providing access to the Service Platform.
Canada
The National Do Not Call List (“NDNCL”) is operated by the Canadian Radio-television and Telecommunications Commission (“CRTC”), allows individuals to have more control over the telemarketing calls they receive, providing a legal mechanism to reduce unwanted telecommunications. Customer shall purchase a subscription to the NDNCL for all applicable area codes prior to using the NDNCL in conjunction with the Service Platform.
Third-Party and Customer Data Sources
Gryphon may acquire wireless telephone number reassignment and wireless calling restriction data (collectively, “Wireless Data”) from independent third-party sources. Additionally, Gryphon may receive Customer’s internal do-not-contact (“IDNC”) data and Customer’s express written permission (“EWP”) exemption data directly from Customer. Gryphon is not liable for any deficiencies or inaccuracies contained in such data.
Customer shall ensure that all Customer do-not-contact data transmitted to Gryphon complies with all applicable federal, state and jurisdictional laws and regulations, including wireless restrictions enforced by the FTC and the FCC.
Transmission of Caller Identification and Caller Name Services
Customer acknowledges and agrees that its use, and Customer’s Authorized User’s use, of Voice Integrations (as defined in the Add-On section of the Service Descriptions) used individually or collectively, will comply with all applicable laws, regulations, regulatory conditions, and decisions from regulatory authorities. As part of this obligation, Customer agrees that it and its Authorized Users are responsible for ensuring that all equipment and calling programs used in conjunction with Gryphon’s Voice Integration Services complies with any specifications made available to Customer by Gryphon regarding the accurate transmission of Caller Identification and Caller Name and use of active, reachable callback numbers.
Call Recording
Gryphon will not dispense any legal advice relative to call recording and transcription laws or regulations. If Customer has questions concerning legal implications or issues related to call recording and transcription, how the various laws and regulations apply in particular states, or the legal implications of the use of a Gryphon Service, you should contact an attorney for advice.
Gryphon is not liable for any misinterpretation, lack of understanding, or lack of knowledge regarding the use of electronic recordings or the use of its Services by a Customer, its Authorized Users or any other party. It is the Customer’s responsibility to ensure itself and its Authorized Users maintain legal use of the Services.
There are federal and state statutes governing the use of electronic, mechanical, or other device recordings. The unlawful use of such equipment when recording, including consent and disclosure requirements, may result in civil litigation and/or criminal prosecution. It is critical that Customer understands the statutes that apply and what Customer’s rights and responsibilities are when recording, transcribing and disclosing communications.
Overage Terms; Overage Cap; Overage Fees
Customer and its Authorized Users (in the aggregate) will be allotted a certain number of contact point records on an annual basis for submission to the Services Customer engages Gryphon to provide (“Overage Cap”). Customer’s contact point records may include telephone numbers for calling or texting, email or postal mail. The Overage Cap will be as specified in Customer’s Order Form.
Each Contact point record submitted for certification or data management (collectively referred to herein as a “Transaction”) is processed and recorded by Gryphon. Each Transaction of a contact point record to the applicable Service(s) is processed and recorded for purposes of monitoring Customer’s Overage Cap and are not based on the uniqueness of the contact point record submitted. Transactions of contact point records by Customer’s Authorized Users will be monitored, recorded, and reported on incrementally by Gryphon during the Term and any Renewal Term as specified in Customer's Order Form.
If Customer’s contact point record Transactions exceeds the annual Overage Cap during the designated 12-month period of the Term (or Renewal Term, as applicable), an overage fee (“Overage Fee”) will apply to each Transaction submitted in excess of the Overage Cap. The Overage Fee will be as specified in Customer’s Order Form. Overage Fees, if any, due and owing Gryphon will be calculated and invoiced in accordance with the terms of Customer’s Order Form.