Gryph for Compliance

Gryph for Compliance - Standard Service Offering

Gryph for Compliance Services for the Gryphon ONE Platform (“Service Platform”) functions through a series of applications, computer programs, databases and transmission protocols that interact and exchange data and information with third party technology and telecommunications resources and Customer’s customized call environment, a secure and proprietary Customer database (or series of databases) hosted by Gryphon for Gryphon’s Customer.

Gryph for Compliance – Phone Channel Only (United States).

Gryph for Compliance shall identify for Customer in real time U.S. telephone numbers that Customer is proscribed from calling because the telephone numbers are: (i) on Customer’s Do-Not-Call List (also referred to as an Internal Do-Not-Call List, or “IDNC”), (ii) registered on a U.S. state Do-Not-Call list, Direct Marketing Association Telephone Preference Service List (DMA TPS List), or the U.S. National Do-Not-Call Registry, (iii) on a list of U.S. wireless telephone numbers in a jurisdiction where manually dialed calls are prohibited, or (iv) prohibited by state or federal calling hour, state holiday, state of emergency, or state or federal call frequency restrictions at the time the telephone number is dialed.

Gryph for Compliance – Phone Channel Only (Canada).

Gryph for Compliance shall identify for Customer in real time Canadian telephone numbers that Customer is proscribed from calling because the telephone numbers are: (i) on Customer’s Do-Not-Call List, (ii) registered on Canada’s National Do-Not-Call List maintained by the Canada Radio-Television and Telecommunications Commission (CRTC), or (iii) prohibited by federal calling hour or federal or provincial holiday restrictions at the time the telephone number is dialed.

Internal Do-Not-Call (IDNC) Management.

Gryphon’s Internal Do-Not-Call (IDNC) Management service for the phone channel shall identify for Customer in real time U.S. and/or Canadian telephone numbers that Customer is proscribed from calling because they are on Customer’s Do-Not-Call or Opt Out List (collectively, “IDNC”). Gryphon’s IDNC Management service functionality is based on Customer’s IDNC data sets, a series of telephone numbers transmitted by Customer to Gryphon in a form, format and frequency mutually defined and agreed upon by Customer and Gryphon.

Established Business Relationship (EBR) Management.

Gryphon’s Established Business Relationship (EBR) Management service for the phone channel allows Customer to increase its universe of permitted communications by recognizing certain legal exemptions to state and federal telephone do-not-contact laws in the U.S. and Canada. Gryphon’s EBR Management service functionality is based on Customer’s exemption data sets, a series of telephone numbers, exemption types and associated exemption dates identified and transmitted by Customer to Gryphon in a form, format and frequency mutually defined and agreed upon by Customer and Gryphon (collectively, an Exemption Data Set). Gryphon’s EBR Management service allows Customer to recognize EBR exemptions including, but not limited to, transactions, applications or inquiries, affirmative consent, prior express permission, and express written permission to contact consumers and clients that Customer would otherwise be prohibited from contacting due to their inclusion on Do-Not-Contact lists.

Portal Uploads.

Gryph for Compliance for the Service Platform allows Customer to upload bulk files of EBR exemptions and IDNC Lists in Gryphon’s secure portal (“Gryphon Client Portal”) in accordance with the Gryphon Service Platform file size thresholds. The Gryphon Client Portal is accessed by Customer via the Internet.

Search (United States).

Gryphon’s Search Service (United States) will identify U.S. telephone numbers that Customer is proscribed from calling because the telephone numbers are: (i) on the Customer IDNC List maintained by Gryphon, (ii) registered on a U.S. state Do-Not-Call list, Direct Marketing Association Telephone Preference Service List (DMA TPS List), or the U.S. National Do-Not-Call Registry, (iii) on a list of U.S. wireless telephone numbers in a jurisdiction where manually dialed calls to wireless telephone numbers are prohibited, or (iv) prohibited by state or federal calling hour, state holiday, or state of emergency restrictions at the time the telephone number is dialed.

Search (Canada).

Gryphon’s Search Service (Canada) shall identify Canadian telephone numbers that Customer is proscribed from calling because the telephone numbers are: (i) on the Customer IDNC List maintained by Gryphon, (ii) registered on Canada’s National Do-Not-Call List maintained by the Canada Radio-Television and Telecommunications Commission (CRTC), or (iii) prohibited by federal calling hour or federal or provincial holiday at the time the telephone number is dialed.

Gryphon’s Search Service enables Customer to update Customer’s IDNC and Customer’s Exemption Data Set.

Certify (United States).

Gryphon’s Certify Service (United States), accessed within the Gryphon Client Portal, shall provide telephone number certifications for the phone channel through a bulk file upload process. Gryphon’s Certify Service shall identify U.S. telephone numbers that Customer is proscribed from calling because the telephone numbers are: (i) on Customer’s IDNC List maintained by Gryphon, (ii) registered on a U.S. state Do-Not-Call list, Direct Marketing Association Telephone Preference Service List (DMA TPS List), or the U.S. National Do-Not-Call Registry, (iii) on a list of U.S. wireless telephone numbers in a jurisdiction where manually dialed calls to wireless telephone numbers are prohibited or (iv) prohibited by state or federal calling hour, state holiday, or state of emergency restrictions at the time the telephone number is dialed.

Wireless Separation (United States only): Customer may wish to utilize Gryphon’s wireless separator functionality to remove wireless telephone numbers prior to certification. If Customer elects to enable this functionality, Customer must first subscribe to legally required wireless lists, including available data identifying phone numbers ported between wireless and wireline.

Certify (Canada).

Gryphon’s Certify Service (Canada) shall identify Canadian telephone numbers that Customer is proscribed from calling because the telephone numbers are: (i) on the Customer’s IDNC List maintained by Gryphon, (ii) registered on Canada’s National Do-Not-Call List maintained by the Canada Radio-Television and Telecommunications Commission (CRTC), or (iii) prohibited by federal calling hour or federal or provincial holiday at the time the telephone number is dialed.

Gryphon’s Certify Service enables Customer to update the Customer’s IDNC and Customer’s Exemption Data Set.

Location Blocking.

Gryph for Compliance provides Customer with the ability to enable automatic call blocking of telephone calls to U.S. states, Canadian provinces, and/or specific area codes at Customer’s discretion.

Toll-Free Engine.

Gryph for Compliance provides Customer with the ability to disable toll-free number calling restrictions.

State Frequency Controls.

Gryph for Compliance will block telephone calls exceeding the call attempt thresholds in the defined time-period in accordance with applicable state laws and regulations.

Multi-Campaign Support.

Gryph for Compliance provides Customer with the ability to create unique marketing compliance rule sets and data sets (e.g., brand, calling initiative, or type of call) as defined by Customer and communicated to Gryphon.

Lead Recovery Business (United States Only).

Gryphon’s Lead Recovery Business (LRB) service, used in conjunction with Customer’s other Gryphon services, enables Customer to identify in real time telephone numbers included within a third-party directory of U.S. business telephone numbers. The LRB service shall identify those business telephone numbers included within the directory that Customer is proscribed from calling because the telephone numbers are (i) registered on a state Do-Not-Call list that restricts calls to businesses telephone numbers, (ii) on Customer's IDNC List maintained by Gryphon, (iii) on a list of wireless telephone numbers in a jurisdiction where manually dialed calls to U.S. wireless numbers are prohibited, or (iv) prohibited by state or federal calling hour, state holiday, state of emergency, or state or federal call frequency restrictions at the time the telephone number is dialed. For telephone numbers not included within the directory of business telephone numbers, Customer’s other Gryphon service(s) shall function as set forth within the respective Service descriptions.

Audit Reporting (standard reports) from the Gryphon Client Portal.

Gryph for Compliance for the Service Platform allows Customer to access a history of all Service activity, including granular call-by-call transactional detail within the Gryphon Client Portal.

Automated Call Blocking (may require Gryphon Connect).

Gryph for Compliance enables Customer to access the Service Platform via standard internet protocols utilizing the Gryphon Web Service Developer’s Guide and supported telephony protocols.

The Automated Call Blocking Service may be accessed from registered Automatic Number Identification (ANI(s)) provided to Gryphon via one or more third party telecommunication service providers that have entered into agreements with both Customer and Gryphon to support Customer’s communication utilizing SIP (Session Initiation Protocol) or other signaling or networking protocol. When Customer initiates an outbound telephone call, a SIP or other signaling or networking protocol message is sent from the originating telecommunication service provider’s central office switch to the Service Platform, certifying that either the telephone call should be either completed or blocked. A message with the certification status results is subsequently sent back to the telecommunication service provider’s central office switch for processing.

Automated Call Blocking (United States).

Gryphon’s Automated Call Blocking for the phone channel shall identify for Customer in real time U.S. telephone numbers that Customer is proscribed from calling because the telephone numbers are: (i) on the Customer IDNC List maintained by Gryphon, (ii) registered on a U.S. state Do-Not-Call list, Direct Marketing Association Telephone Preference Service List (DMA TPS List), or the U.S. National Do-Not-Call Registry, (iii) on a list of U.S. wireless telephone numbers in a jurisdiction where manually dialed calls to wireless telephone numbers are prohibited, or (iv) prohibited by state or federal calling hour, state holiday, state of emergency, or state or federal call frequency restrictions at the time the telephone number is dialed.

Wireless Separation (United States Only): Customer may wish to utilize Gryphon’s wireless separator functionality to remove wireless telephone numbers prior to certification. If Customer elects to enable this functionality, Customer must first subscribe to legally required wireless lists, including available data identifying phone numbers ported between wireless and wireline.

Automated Call Blocking (Canada).

Gryphon’s Automated Call Blocking for the phone channel shall identify for Customer in real time Canadian telephone numbers that Customer is proscribed from calling because the telephone numbers  are: (i) on Customer's IDNC List maintained by Gryphon, (ii) registered on Canada’s National Do-Not-Call List maintained by the Canada Radio-Television and Telecommunications Commission (CRTC), or (iii) prohibited by Canadian calling hour or provincial or federal holiday restrictions at the time the telephone number is dialed.

Gryphon Access-C: 

CRM Integration (United States).

The Gryph for Compliance Customer Relationship Management (CRM) Integration for the Service Platform, accessed via Customer’s CRM applications and other integrated marketing applications, shall identify U.S. telephone numbers that Customer is proscribed from placing calls to because the telephone numbers are: (i) on Customer's IDNC List maintained by Gryphon, (ii) registered on a U.S. state Do-Not-Call list, Direct Marketing Association Telephone Preference Service List (DMA TPS List), or the U.S. National Do-Not-Call Registry, (iii) on a list of U.S. wireless telephone numbers in a jurisdiction where manually dialed calls to wireless telephone numbers are prohibited, or (iv) prohibited by state or federal calling hour, state holiday, state of emergency, or state or federal call frequency restrictions at the time the telephone number is dialed.

CRM Integration (Canada).

The Gryph for Compliance CRM Integration for the Service Platform, accessed via Customer’s CRM applications and other integrated marketing applications, shall identify Canadian telephone numbers that Customer is proscribed from calling because the telephone numbers are: (i) on Customer's IDNC List maintained by Gryphon, (ii) registered on Canada’s National Do-Not-Call List maintained by the Canada Radio-Television and Telecommunications Commission (CRTC), or (iii) prohibited by federal calling hour or federal or provincial holiday at the time the telephone number is dialed.

Web Service.

Gryph for Compliance’s Web Service enables Customer to access the Service Platform via standard internet protocols to certify and/or update Customer’s IDNC List and Customer’s Exemption Data Set.

Web Service (United States).

Gryphon’s Web Service for the phone channel shall identify U.S. telephone numbers that Customer is proscribed from calling because the telephone numbers are: (i) on Customer's IDNC List maintained by Gryphon, (ii) registered on a U.S. state Do-Not-Call list, Direct Marketing Association Telephone Preference Service List (DMA TPS List), or the U.S. National Do-Not-Call Registry, (iii) on a list of U.S. wireless telephone numbers in a jurisdiction where manually dialed calls to wireless telephone numbers are prohibited, or (iv) prohibited by state or federal calling hour, state holiday, state of emergency, or state or federal call frequency restrictions at the time the telephone number is dialed.

Wireless Separation (United States Only): Customer may wish to utilize Gryphon’s wireless separator functionality to remove wireless telephone numbers prior to certification. If Customer elects to enable this functionality, Customer must first subscribe to legally required wireless lists, including available data identifying phone numbers ported between wireless and wireline.

Web Service (Canada).

Gryphon’s Web Service for the phone channel shall identify Canadian telephone numbers that Customer is proscribed from calling because the telephone numbers are: (i) on the Customer's IDNC List maintained by Gryphon, (ii) Canada’s National Do-Not-Call List maintained by the Canada Radio-Television and Telecommunications Commission (CRTC), or (iii) prohibited by federal calling hour or federal or provincial holiday at the time the telephone number is dialed.

Gryphon Browser Plug-in:

Gryphon’s Browser Plug-in will allow Customer to update the Customer IDNC List to reflect additional Do-Not-Call opt out requests.

Gryphon’s Browser Plug-in (United States).

Gryphon’s Browser Plug-in, accessed via downloadable Google Chrome browser extension from any webpage, shall identify U.S. telephone numbers that Customer is proscribed from calling because the telephone numbers are: (i) on Customer’s IDNC List maintained by Gryphon, (ii) registered on a U.S. state Do-Not-Call list, Direct Marketing Association Telephone Preference Service List (DMA TPS List), or the U.S. National Do-Not-Call Registry, (iii) on a list of U.S. wireless telephone numbers in a jurisdiction where manually dialed calls to wireless telephone numbers are prohibited, or (iv) prohibited by state or federal calling hour, state holiday, state of emergency, or state or federal call frequency restrictions at the time the telephone number is dialed.

Gryphon’s Browser Plug-in (Canada).

Gryphon’s Browser Plug-in for the Service Platform, accessed via downloadable Google Chrome browser extension from any webpage, shall identify Canadian telephone numbers that Customer is proscribed from calling because the telephone numbers are: (i) on Customer's IDNC List maintained by Gryphon, (ii) registered on Canada’s National Do-Not-Call List maintained by the Canada Radio-Television and Telecommunications Commission (CRTC), or (iii) prohibited by federal calling hour or federal or provincial holiday at the time the telephone number is dialed.

Gryphon Control:

Multi-Channel Support (Email, SMS/Text, Postal Mail)​.

Gryph for Compliance may be utilized by Customer to manage marketing interactions in both the U.S. and Canada across a variety of outbound channels including (i) Phone, (ii) Email, (iii) SMS/Text, or (iv) U.S. Postal Mail.

Email:

Gryph for Compliance for the Email channel (United States).

Gryph for Compliance for the Email channel may be accessed through Gryphon services including, but not limited to, the Gryphon Portal, Search, Certify, CRM Integration, Web Service, secure File Transfer (sFTP), the Browser Plug-in, Gryphon Connect, or Gryphon Integrate. Gryph for Compliance for the Email channel shall identify U.S. email addresses that Customer is proscribed from contacting due to the inclusion of the email address on: (i) Customer’s company-specific Do-Not-Email List, (ii) the U.S. Federal Communication Commission’s Domain Name List, (iii) the Client’s Domain Name List, or (iv) the U.S. Direct Marketing Association Do-Not-Email File. Gryph for Compliance for the Email channel will allow Customer to update the Customer’s company-specific Do-Not-Email List and Customer Exemption Data Set.

Gryph for Compliance for the Email Channel (Canada).

Gryph for Compliance for the Email channel shall identify Canadian email addresses that Customer is proscribed from contacting due to the inclusion of the email address on: (i) Customer’s company-specific Do-Not-Email List or (ii) the Client’s Domain Name List. Gryph for Compliance for the Email channel will allow Customer to update the Customer’s company-specific Do-Not-Email List and Customer Exemption Data Set.

SMS/Text.

Gryph for Compliance for the SMS/Text channel may be accessed through Gryphon services including, but not limited to, the Gryphon Portal, Search, Certify, CRM Integration, Web Service, secure File Transfer (sFTP), the Browser Extension Plug-in, Gryphon Connect, or Gryphon Integrate. Gryph for Compliance for the SMS/Text channel shall identify U.S. telephone numbers that Customer is proscribed from calling because the telephone numbers are: (i) on the Customer company-specific Do-Not-Call List, (ii) registered on an applicable U.S. state Do-Not-Call list or the U.S. National Do-Not-Call Registry, (iii) on a list of U.S. wireless telephone numbers in a jurisdiction where manually dialed calls to wireless telephone numbers are prohibited, or (iv) prohibited by state or federal calling hour, state holiday, state of emergency, or state or federal call frequency restrictions at the time the telephone number is called.

Additionally, Gryph for Compliance for the SMS/Text channel shall identify for Customer U.S. telephone numbers that Customer is proscribed from text messaging due to their exclusion from Customer’s Express Written Permission (EWP) data set and/or the telephone numbers that are on Customer’s company specific Do-Not-Text list. If a telephone number associated with an EWP is submitted to the Gryph for Compliance platform to determine whether the telephone number may receive a text message, Gryphon shall return to Customer an ‘okay to text’ for the associated telephone number.  If a telephone number is submitted to a Gryph for Compliance platform that is associated with both an EWP and a Customer company-specific Do-Not-Text List opt out, Gryphon will either: (a) return the telephone number as ‘okay to text’ if the date associated with the EWP is more recent than the date associated with the Customer company-specific Do-Not-Text List opt out, or (b) will return the telephone number as ‘Do-Not-Text’ if the date associated with the EWP is earlier than the date associated with the Customer company-specific Do-Not-Text List.

Wireless Separation (United States Only): Customer may wish to utilize Gryphon’s wireless separator functionality to remove wireless telephone numbers prior to certification. If Customer elects to enable this functionality, Customer must first subscribe to legally required wireless lists, including available data identifying phone numbers ported between wireless and wireline.

Postal Mail.

Gryph for Compliance for the U.S. Postal Mail channel may be accessed through Gryphon services including, but not limited to, the Gryphon Portal, Search, Certify, CRM Integration, Web Service, secure File Transfer (sFTP,) the Browser Extension Plug-in, Gryphon Connect, or Gryphon Integrate, shall identify U.S. Postal Mail addresses that Customer is proscribed from mailing because such U.S. Postal Mail addresses are: (i) on the Customer company-specific Do-Not-Mail List, or (ii) restricted based on the Direct Marketing Association (DMA) Mail Preference Service List. Gryph for Compliance for the U.S. Postal Mail channel may allow Customer to update the Customer’s company-specific Do-Not-Mail List and Customer Exemption Data Set.

ZIP Code vs. Area Code for Residency (United States Only)​.

At Customer’s request, Gryph for Compliance for the Service Platform may be configured to process telephone number certification requests based on zip code logic rather than area code logic to determine residential jurisdiction. This Service is available to Customer for determining residential jurisdiction for telephone number certifications in the United States only and will be processed via Automated Call Blocking, Web Service, or Gryphon Connect. Once configured, zip code logic will be applied to Gryphon’s EBR Management service, if applicable. Use of area code logic will be utilized by Gryphon instead of the zip code to determine residential jurisdiction when one or more of following conditions occurs: (i) invalid zip code (zip code submitted either has less than or more than 5 digits or contains nonnumerical characters), (ii) missing zip code (data element is not populated or not submitted with the request), (iii) unknown zip code, or (iv) a zip code that spans more than one state is submitted by Customer and the residential jurisdiction cannot be determined by such zip code.

Client Frequency Controls.

Gryph for Compliance will allow Customer to customize frequency parameters for outbound telephone calls, including the blocking of telephone calls when call attempt thresholds within a defined time-period as determined by Customer are exceeded. Gryphon’s Client Frequency Control service options may include Customer’s client-level or campaign-specific call attempt thresholds set by 24-hour period, a rolling calling window, or landline vs. wireless number type as defined by Customer.

Gryphon Data:

Real-time EBRs/Consent.

Gryphon's Real-time EBRs/Consent service, utilized in conjunction with Gryphon’s EBR Management Service allows Customer to increase its universe of permitted communications by recognizing certain legal exemptions to state and federal telephone do-not-contact laws in U.S. and Canada. Gryphon’s real-time EBRs/Consent service enables Customer to include optional exemption “Name” and exemption “Date” data parameters as part of a Do-Not-Call certification request to be applied in real-time and added to Customer’s Exemption Data Sets for future use.

Litigator and Professional Plaintiff List Service.

Gryphon’s Litigator and Professional Plaintiff List Service, used in conjunction with Customer’s other Gryphon Services, shall enable Customer to identify in either real time or via a bulk file transfer, telephone numbers sourced from a third-party provider list compiled of known litigators and professional plaintiffs (“Litigator List”) associated with various consumer protection related litigation matters, including actions filed in both the state and federal courts. Upon identification of the telephone numbers as being on the Litigator and Professional Plaintiff List, the Service will block telephone calls to such telephone numbers. Customer specific exemptions, such as EBR transaction data maintained within Customer’s proprietary Gryphon database will not override the blocking of telephone numbers included on the Litigator and Professional Plaintiff List. For telephone numbers not included on the Litigator and Professional Plaintiff List, Customer’s other Gryphon Service(s) shall function as set forth within their respective Service descriptions.

Lead Recovery IDNC Expiration.

Gryphon’s Lead Recovery IDNC Expiration Service shall expire telephone number records from Customer’s IDNC List maintained by Gryphon. IDNC expiration shall be based on the opt-out date associated with each telephone number on Customer’s IDNC List. Opt-out dates are supplied by the Customer or, when no date is supplied, may be based on the date a telephone number is added to Customer’s IDNC List maintained by Gryphon. The Lead Recovery IDNC Expiration Service determines U.S. jurisdiction based on the area code of the telephone number. U.S. federal regulations require that telephone numbers included on an IDNC List be honored for a minimum of five (5) years. Arizona, Delaware, and Virginia require that telephone numbers on an IDNC List be honored for a minimum of ten (10) years. For U.S. states and other jurisdictions that do not specify a minimum legal duration for honoring telephone numbers included on an IDNC List, Customer instructs Gryphon to expire Customer’s IDNC records five (5) years from the date the telephone number was entered on the IDNC. Once a telephone number record is expired from Customer’s IDNC List, telephone calls to that telephone number will be permitted, and the telephone number will no longer be identified as do-not-call by any Gryphon Service unless the Service identifies the telephone number as do-not-call for a reason other than it being included on Customer's IDNC List maintained by Gryphon.

Lead Recovery RND.

Gryphon Connect-C:

Each telephony access method to the Service Platform is built solely for manual dialing, requires human intervention, does not permit random or sequential dialing, and does not support a preloaded calling list. Customer acknowledges and agrees that none of the Gryphon Connect access methods will be used by Customer in conjunction with an automated telephone dialing system (ATDS).

Gryphon Connect-C:

Gryph Connect for the Service Platform is accessed via Gryphon’s tier-1 carrier grade telephony network infrastructure. The Gryphon Connect calling access methods specified below are designed to function in the path of a telephone call.

Customer is required to select a minimum of one (1) of the following Gryphon Connect access methods for access to the Service Platform:

1. 800 Access. Gryphon’s 800 Access is accessed via one or more toll free Network Access Numbers (“NAN”) supplied by a third party regulated telecommunication service provider to enable Customer to connect to the Service Platform. Customer appoints Gryphon as its limited agent for the sole purpose of arranging for Customer to receive NAN from the third party regulated telecommunication service provider. This appointment shall terminate along with the expiration or termination of Customer’s access to the Service Platform pursuant to the terms of Customer’s Agreement with Gryphon. Gryphon shall receive and pay the telecommunications service provider’s invoices on behalf of Customer for Customer’s NAN connection time. Gryphon will invoice Customer for Customer’s NAN connection time at cost, as a pass through and without mark-up.
2. Click-To-Dial. Gryphon’s Click-to-Dial is accessed via a Click-to-Dial link within Customer’s CRM applications and other integrated marketing applications. When a user views a record in an integrated application, a Click-to-Dial link will display in the CRM record if the telephone number is not restricted as do-not-call. The Click-to-Dial link will allow the user to click the link to initiate the first outbound leg of the call to the designated telephone number. When the designated telephone number is answered by the user, the first leg of the telephone call is connected, and the second outbound leg of the call will be initiated via the Service Platform to the intended telephone number.
3. Desktop Dialer App. Gryphon’s Desktop Dialer App is accessed via Gryphon’s applications for desktop softphone dialing. Gryphon’s Desktop Dialer App supports standard softphone keypad interfaces and ten-digit number entries through the user's desktop computer. The Desktop Dialer App may be downloaded by Customer’s users to their desktop computer(s) via the Gryphon Client Portal and/or applicable App Stores.
4. Mobile Dialer App. Gryphon’s Mobile Dialer App is accessed via Gryphon’s applications for Android and iOS smartphone handsets. Gryphon’s Mobile Dialer App supports standard mobile keypad interfaces and ten-digit telephone number entries through the user’s mobile device. The Mobile Dialer App supports iPhone OS and Android™ smartphones and may be downloaded by Customer’s users to their smartphones via the Gryphon Client Portal and/or applicable App Stores.
5. In-Network (Outbound & Inbound). Gryphon’s In-Network service is accessed via SIP (Session Initiation Protocol) connectivity that communicates with the Service Platform. When a Customer user initiates an outbound and/or receives an inbound telephone call on a properly configured phone or Private Branch Exchange (PBX), a SIP message is sent to the Service Platform In-Network Service for connection (or blocked for certification, if applicable).  Only U.S. and/or Canadian telephone numbers received via Customer Trunk Groups and ANIs identified in writing to Gryphon will be able to access the Service Platform.
6. Gryphon’s WebRTC service is accessed via Customer’s CRM applications and other integrated marketing applications. When a customer user views a record in the integrated application, a WebRTC Click-to-Dial link will display in the record if a telephone number is not restricted as do-not-call.  The WebRTC Click-to-Dial link will allow the user to click the link to initiate a call via the Service Platform to the user’s designated telephone number via an API that allows audio communication to work inside integrated and configured webpages.

Pre-Call Prompts: 

Gryph for Compliance and the Gryphon Connect service shall enable optional voice prompts informing Customer's users of state-specific regulatory compliance disclosures as required by law. Gryphon supported voice prompts include but are not limited to: (i) “No Rebuttal” language allowed, (ii) “Permission to Continue” confirmation required, (iii) the called party “Must be 18,” (iv) the calling agent must divulge that called party has right to “Opt-Out” from future calls, or (v) the calling agent is calling an “All Party Consent” U.S. state.

DNC Overrides​:

Gryph for Compliance and the Gryphon Connect service shall enable an optional do-not-call bypass feature that allows Customer’s users to override pre-configured regulatory compliance blocks via click of an applicable hyperlink, radio button, or sequence of assigned number entries on the user’s telephone dial pad.

Gryph Insights:

Gryph for Compliance for the Service Platform shall allow Customer to access the Gryph Insights dashboard. The Gryph Insights dashboard provides an at-a-glance view of Customer calling metrics and key performance indicators (KPI) and is designed to provide Customer’s management team with data to improve overall decision-making, establish benchmarks and identify coaching and training opportunities. Gryph Insights shall allow Customer to access a history of all system activity from summary-level to granular call-by-call transactional detail.

Dynamic Call-ID (DCID).

Gryphon’s Dynamic Call-ID (DCID), used in conjunction with the Service Platform and the Gryphon Connect service, shall provide Customer the ability to display a local Caller ID, based on area code of the telephone number dialed. If the DCID service is enabled, when a user places an outbound telephone call using any of Gryphon's phone-based services, the Dynamic Call-ID service will match the area code of the telephone dialing the telephone call to the area code of telephone number called from a pre-assigned list of Gryphon-owned telephone numbers specific to Customer. A telephone number with the same area code, overlay or near-by area code will be transmitted as the outbound Caller ID to the dialed telephone number. If the call recipient returns the call to any of Customer’s pre-assigned pool of Gryphon telephone numbers, then the call can be routed back to the user who last called the telephone number through the Service Platform or a single, Customer-specified telephone number if a user match is not found. Dual tone multi-frequency (DTMF) tones are captured, including on inbound call backs, and applied by the user via telephone keypad dispositions.

Support of Multi-DCID is an option. Use of the Multi-DCID functionality requires the purchase of additional pools of telephone numbers. Both inbound and outbound telephone calls to the preassigned telephone numbers will incur a talk time fee.

Gryphon Company Named Dynamic Caller ID (DCID with CNAM).

Gryphon’s Company Named Dynamic Caller ID (DCID with CNAM), used in conjunction with the Services Platform and the Gryphon Connect Service, shall provide Customer the ability to display local Caller ID, based on area code of an outbound dialed telephone number. If the DCID with CNAM service is enabled, users placing outbound telephone calls utilizing any of Gryphon’s phone-based services, will be able to match the area code of the called telephone number from a pre-assigned list of Gryphon-owned telephone numbers specific to Customer. A telephone number with the same area code, overlay or near-by area code of the dialed telephone number will be transmitted as an outbound Caller ID to the dialed telephone number. When the Caller Name (“CNAM”) service is enabled, a registered Caller Name will be provided with the local Caller ID number as supplied by the call recipient’s telecommunication service provider. If the call recipient returns a call to any of Customer’s pre-assigned pool of Gryphon telephone numbers, then the call will be routed back to the user who last called the telephone number through the Service Platform or a single, Customer-specified telephone number if a user match is not found. DTMF tones are captured, including on inbound call backs, and applied by the user via telephone keypad dispositions.

Support of Multi-DCID with CNAM is an option. Use of the Multi-DCID with CNAM functionality requires the purchase of additional pools of numbers. Both inbound and outbound telephone calls to the preassigned telephone numbers will incur a talk time fee.

 

GRYPHON ONE PLATFORM

Gryph for Compliance Service-Specific Terms

The Gryphon ONE Platform (the “Service Platform”) is a cloud-based telephony and Software-as-a-Service (“SaaS”) platform consisting of interconnected servers, networking, and software. If selected, the Service Platform may securely process outbound phone calls originating from integrated Gryphon Connect access methods delivered through supported web interfaces, telephonic devices and software applications and/or process inbound phone calls from any external telephony source to a provisioned called party via virtual number mapped to the Gryphon cloud-based telephony platform and resides on the Service Platform. Outbound and inbound Gryphon Connect access methods capture dual tone multi-frequency (DTMF) tones to be applied before or after the call via keypad dispositions that are documented in an associated call detail record.

Gryph for Compliance Services for the Service Platform functions through a series of applications, computer programs, databases and transmission protocols that interact and exchange data and information with third party technology and telecommunications resources and the Customer’s customized call environment, a secure and proprietary Customer database (or series of databases) hosted by Gryphon for the Customer.

System Requirements: A high-speed internet connection may be required for proper transmission of Gryph for Compliance Services. Customer is responsible for procuring and maintaining the network connections that connect Customer’s network to the elected Gryph for Compliance Services, including those procedures and protocols approved by Gryphon for accessing the Services. Gryphon assumes no responsibility or liability for the reliability or performance of any hardware, technology, or telecommunications, including data transmitted across computer networks or telecommunications facilities which are not directly owned, operated, or controlled by Gryphon.

Do Not Contact Data:

State and federal laws require individuals and/or entities performing sales and marketing outreach to purchase, subscribe to, register for and otherwise obtain state, federal and private “do-not-contact” and similar data to enable compliance with certain do-not-contact laws and regulations. Many of these laws prohibit Gryphon from sharing such data with individuals or entities that have not independently purchased, subscribed to, or registered for such data. Customer represents and warrants that it will at all times remain in compliance with such laws and regulations requiring Customer to register for, acquire or purchase do-not-contact data for the geographies for which Customer will utilize Gryph for Compliance Services.

To maintain compliance with do-not-contact laws and regulations, Customer shall provide Gryphon with its federally assigned Subscription Account Number (SAN), the Organization ID, and the SAN expiration date associated with Customer’s subscription to the U.S. National Do Not Call Registry and, if applicable, the Canadian National Do Not Call List. Customer shall also provide Gryphon with confirmation and requested supporting documentation, if any, associated with Customer’s purchase of state do-not-call lists and any similar privately maintained lists upon request from Gryphon.

Customer and Customer’s authorized users shall not utilize Gryphon’s Services to attempt to contact a telephone number associated with any U.S. or foreign jurisdiction for which Customer has not purchased private, state or National Do Not Call Registry contact data. Additionally, Customer and Customer’s authorized users shall not use Gryph for Compliance Services to: (i) place calls to jurisdictions outside the U.S or Canada, (ii) transmit false, defective, or misleading caller ID information, (iii) place any prerecorded or automated voice telephone calls or (iv) utilize any Gryphon integrated marketing applications, including customer relationship management (CRM) integrations in conjunction with an automated telephone dialing system (ATDS).

Gryphon obtains or may obtain its do-not-contact data, including do-not-call, do-not-email, do-not-text, do-not-mail, do- not-fax, wireless telephone number, litigator list and business telephone number data and lists from government entities, private sources and from the Customer. Additionally, Gryphon obtains, or may obtain, Customer’s exemption and internal do-not-contact (“IDNC”) data, including existing business relationship (“EBR”) data directly from the Customer. Customer shall be responsible, not Gryphon, for (i) maintaining evidence that clearly demonstrates the existence of each EBR-Transaction, EBR–Inquiry, express written permission (“EWP”) exemption, as well as IDNC expiration data transmitted to Gryphon, and (ii) ensuring each EBR- Transaction, EBR–Inquiry, and EWP exemption or IDNC expiration data transmitted to Gryphon complies with various state and federal regulations governing such data. Gryphon does not own or control the data it is provided by Customer, nor the data received from such third-party sources and therefore Gryphon bears no responsibility for any deficiencies or inaccuracies contained in such data at the time it is provided to Gryphon. Service output reflects such do-not-contact data and applicable legal and regulatory requirements existing at the time Gryph for Compliance Services are utilized by Customer.

Transmission of Caller Identification and Caller Name Services: 

Customer acknowledges and agrees that its use, and Customer’s Authorized User’s use, of Gryphon Connect, Gryphon Integrate, Gryphon’s Dynamic Caller ID (DCID) and Company Named Dynamic Caller ID (CNAM) Services, used individually or collectively, will comply with all 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 Connect, Gryphon Integrate, and Gryphon’s DCID and CNAM Services complies with any specifications made available to Customer by Gryphon, including, but not limited to, the accurate transmission of Caller Identification and Caller Name and use of active, reachable callback numbers.

United States:

The U.S. National Do Not Call Registry is a list of phone numbers provided by U.S. consumers indicating their preference to limit the sales and marketing calls they receive. The National Do Not Call Registry is managed by the Federal Trade Commission (FTC), the nation’s consumer protection agency. It is enforced by the FTC, the Federal Communications Commission (FCC), and state officials.

U.S. National Do Not Call Registry Requirements:

• Each Gryph for Compliance Customer is required to agree to the certification requirements and purchase a Subscription Account Number (“SAN") to the U.S. National Do Not Call Registry from the Federal Trade Commission (“FTC”).
• SAN requirements include subscribing to every area code Customer will be calling. The area codes in the National Do Not Call Registry cover 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).
• Customer must provide the detail of the SAN, including the Organization ID, and the SAN expiration date, to the appropriate Gryphon Customer Success Manager (“CSM”) prior to accessing Gryph for Compliance Services, including National Do Not Call Registry data.
• Customer is required to renew its SAN annually, providing Gryphon with the updated SAN information upon receipt from the FTC prior to expiration of its then-current subscription.

Canada:

The National Do Not Call List (“National DNCL”) is a key part of the Canadian Radio-television and Telecommunications Commission (“CRTC”) Unsolicited Telecommunications Rules. These rules include the Telemarketing Rules, National DNCL Rules and Automatic Dialing and Announcing Device Rules. Canadian consumers may register their telephone numbers on the National DNCL, maintained by the CRTC, indicating their preference to limit the telemarketing calls they receive.

• Customers accessing Gryph for Compliance Services (Canada), are required to purchase a subscription to the National DNCL for the area codes Customer intends to call. Subscription fees will be based on the subscription model Customer elects when registering.

Overage Terms; Overage Cap: Customer will be allotted 30,000 contact point records to be submitted by each of its authorized users, in the aggregate, on an annual basis, to Customer’s Gryph for Compliance Services (“Overage Cap”). A Customer’s contact point records will vary based on the Gryph for Compliance Services it elects to receive from Gryphon, and such contact points may include telephone numbers for calling or texting, email or postal mail. The Overage Cap will be as specified in Customer’s Gryph for Compliance Order Form.

Each Contact point record submitted for certification or data management (collectively referred to herein as a “Submission”) is processed and recorded by Gryphon. Each Submission of a contact point record to Customer’s Gryph for Compliance Services 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. Submissions 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.

For example, if Customer has five (5) authorized users and each such authorized user is allotted 30,000 Submissions, Customer will be provided an annual Overage Cap of 150,000 Submissions (5 authorized users x 30,000 Submissions per each authorized user = an Overage Cap of 150,000 Submissions).

In addition to the 30,000 contact point records allotted to Customer for each of its authorized users, Customer may elect to purchase additional tiers of Submissions as specified in Customer's Gryph for Compliance Order Form.

Overage Fees: If Customer’s Submission of contact point records 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 contact point record submitted in excess of the Overage Cap. The Overage Fee will be as specified in Customer’s Gryph for Compliance 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.