Privacy Policy

Application Brief

Privacy Policy

Copyright © 2000-2017 GENBAND Inc. All rights reserved. This item and the information contained herein are the property of GENBAND Inc.

GENBAND INC.

Introduction

GENBAND recognizes and supports the privacy rights of all persons, and we respect these rights when we collect and process personal information.  We have developed and adopted a set of Privacy Principles that define our privacy values.   We have also developed and adopted this Privacy Policy to describe and guide our processing of personal information.

In addition to the restrictions and obligations of this Policy, we always comply with the letter and spirit of applicable national laws that protect the privacy of personal information. 

The obligations and responsibilities set out in this Privacy Policy are applicable to GENBAND and its personnel and will be made available on GENBAND’s intranet and external website.   The obligations and responsibilities set out in the Privacy Policy are in addition to any other applicable policies or agreements entered into with GENBAND, and any applicable national and local laws and regulations.  We continually monitor data privacy and security laws and regulations as they apply to our operations worldwide.  In some cases, a country’s data privacy and security laws may establish requirements different from our Privacy Policy.  If a country’s law conflicts with our Data Privacy Policy, we follow the law.

Scope 

At GENBAND, privacy matters.  GENBAND respects the privacy of its customers and other individuals with whom GENBAND has business interactions 

This policy is global, applying to all GENBAND locations. It applies to personal information regardless of format.  For example, the policy applies to computerized records and electronic information as well as paper-based files.

It is also applicable to all personal information that is collected, maintained or processed by GENBAND. The concepts enumerated in this this policy will guide GENBAND’s selection and expectations of its agents and contractors to whom GENBAND transfers and relies on for processing of personal information.

GENBAND processes personal information that is controlled by or originated from other companies, such as our customers or other business partners.  GENBAND shall protect the personal information, comply with all laws that regulate the processing of such personal information, and process the information only as authorized by the data controller or the data subject.  In some cases, GENBAND may collect and process personal information for our own business purposes and shall comply with the applicable privacy laws concerning GENBAND’s processing.

Data Processor

GENBAND provides the technology platform for hosted cloud information and communications services.  These services merely act as a conduit for data transmitted by third parties and subscribers.  GENBAND also processes personal information in the course of providing support for GENBAND communications products.  

In its role as a data processor, the standard of care that GENBAND must comply with is that of the data processor rather than the data controller.  Accordingly, GENBAND relies on guidance and direction of the data controller, who determines the purposes of processing such personal information.  

While GENBAND does process data in its role of providing a technology platform, it does not own, control or direct the use of any of the personal information stored or processed by any subscriber.  GENBAND only processes such personal information in order to provide and bill for subscribed services.

The Information We Collect or Process

GENBAND processes and in certain situations collects personal information as needed to deliver its products and services and manage its business.  When collecting personal information, GENBAND does so in a reasonable and lawful manner.  

The types of information and the purposes for which GENBAND collects or processes personal information may include:

For Customers & Resellers

GENBAND uses such personal information only for relevant, appropriate, and customary purposes.   GENBAND will not share or disclose personal information for purposes other than as described herein.  The following are examples of some of the personal information GENBAND processes.  

Business Contact Information: GENBAND may collect and use personal information about individual contacts of customers and others who access GENBAND public websites or provide personal information through other means.  Such information may include account information, first/last name, company name, title and responsibilities, work email address, work mailing address, telephone numbers, as well as additional information provided by such individuals in the course of receiving products or services from GENBAND and/or requesting information about GENBAND.  We will use such information for the purposes of providing services, product support, conducting data analytics and product assessments and related activities, and providing information regarding GENBAND products and services.  

Unless expressly requested by GENBAND and consented by the business contact, GENBAND will not share or disclose such business contact information to marketing firms or similar organizations.

Customer Proprietary Network Information (CPNI): Customer Proprietary Network Information (CPNI) may include information regarding quantity, destination, technical configuration, location, amount of use and related billing information of telecommunications, interconnected or non-interconnected Voice over Internet Protocol (VoIP) services.  This may include but is not limited to the phone numbers that you call or send messages to (or the phone numbers that you receive these calls and messages from) through our service.  The date, time and duration of the calls may also be collected.  This data is used for billing and service level assurance.

GENBAND provides services that are primarily for the benefit of organizations and subscribers in that it transmits, routes, switches or caches information.   These services merely act as a conduit for data transmitted by third parties and subscribers.  GENBAND does not determine the purposes and means of processing this personal information.  However, for data that is collected by GENBAND that is not subject to the control of others, GENBAND shall obtain consent from the user for the processing of this data.    

GENBAND collects end user CPNI in the course of providing service and product support.  This data may pertain to direct customers of GENBAND or indirect customers (eg: end users of GENBAND’s direct customers).  This data may include IP address, telephone number, call detail records and other information sufficient to identify an individual end user.  

Indirect End User’s CPNI: GENBAND acts as a data processor with regard to indirect end user personal information, and our customers act as the data controller of such data. In the course of GENBAND’s processing and protection of such data, use will be in conformity with the data controller’s instructions.

Direct End User’s CPNI:  GENBAND typically collects and processes direct end user personal information for the purposes of providing services, product support, conducting data analytics and managing product performance.

Messaging, Voicemail, Video and Media Files: GENBAND’s provides services that facilitate the recording and storage of audio and video by way of services such as voicemail, call and conference recording.  Users may elect to store or record personal information including Sensitive Personal Information (SPI) within these resources at their discretion.  GENBAND does not own, control or direct the use of any of the information stored or processed by any user.  

Cookies: GENBAND websites may use cookies to collect certain kinds of personal information about subscribers or users.  For more information on how GENBAND uses cookies and choices available to subscribers and users please refer to GENBAND’s Cookie Policy.

Other Passive Site Tracking: Websites may also uses Internet Protocol (IP) addresses and log files to identify server problems. We also use web beacons to perform standard website traffic analysis in a manner similar to how we use cookies.  If in the future new types of passive tracking mechanisms are introduced, GENBAND will update this policy document accordingly. 

Credit Card Information: GENBAND only collects credit card information in order to bill for subscribed services.  GENBAND utilizes credit card payment processing agents solely for the purpose of processing payment for the services you receive.   We require these agents to take reasonable and appropriate measures to protect this information from loss or misuse.

For Vendors, Suppliers and Sub-Contractors

GENBAND may collect personal information about individuals who are employed by our suppliers and vendors.  This business contact and payment information is strictly used to administer existing and future business arrangements. 

Others

Additional personal information may be collected, processed and disclosed for the purposes for which it was collected and for legal compliance purposes, including regulatory reporting, investigation of allegations of wrongdoing, and the management and defense of legal claims and actions, and compliance with subpoenas, court orders and other legal obligations.  For example, we may collect information about individuals that visit our facilities.

When we do collect data, such collection shall be relevant, proportionate and limited to the purposes for which they are processed.  

Cross-Border Personal Information Transfers

Where feasible GENBAND utilizes geographically aligned resources for primary data processing in order to reduce complexity and volume of cross-border personal information transfer.  Where cross-border transfer is necessary GENBAND utilizes entities who have demonstrated an ability to comply with applicable personal information privacy regulation.

GENBAND shall comply with the applicable laws governing personal information transfer and where required shall ensure that such transfers are made to countries where the data protection regime is compatible with that of the originating jurisdiction.

Accountability for Onward Transfer

General

GENBAND will only transfer or provide direct access to personal information covered by this policy to third parties that have:

  • made a commitment to respect the privacy rights of the data subject;
  • limited processing of personal information to comply with customer and/or data controller instructions; and
  • given GENBAND contractual assurances that they will provide at least the same level of privacy protection as is required by applicable privacy laws.

EU Personal Information

Additionally, for personal information pertaining to EU data subjects GENBAND will only transfer or provide direct access to personal information covered by this policy to third parties that:

  • are located in a jurisdiction subject to the EU Data Protection Directive or with privacy laws considered to be adequate by the EU, or
  • subscribe to the EU-US Privacy Shield Principles, or 
  • have given GENBAND contractual assurances that they will provide at least the same level of privacy protection as is required by the EU-US Privacy Shield Principles, GDPR or EU member state laws implementing the EU Data Privacy Directive.

Accordingly, GENBAND requires the following of it’s onwards transfer agents:

  • data processing and further transfer is limited and to specified purposes;
  • provision of at least the same level of privacy protection as contemplated by the Principles;
  • processing of the personal information transferred in a manner consistent with the organization’s obligations under the Principles;
  • takes reasonable and appropriate steps to stop and remediate unauthorized processing; and
  • provision of notification if the agent makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the Principles.

Choices and Accommodation

The data GENBAND processes is described in further detail in the “Information We Collect and Use” section above.

GENBAND recognizes and promotes the right of subscribers to have reasonable opportunities to object to the collection (opt out), use and disclosure of their personal information while still maintaining the minimal data needed to provide the subscribed service.  However, except for data provided by the subscriber for which GENBAND is merely providing a conduit for transmission, the subscribed services are of such a nature that, in most instances, GENBAND requires and collects only essential CPNI and billing information, and opting out or declining to provide the requested data may hinder the provision of subscribed services.  For further information on opting out please reference the instructions in the Contact section below.

Sensitive Information

GENBAND recognizes that for some sensitive information, affirmative express consent from individuals is required and must be obtained if such information is to be (i) disclosed to a third party or (ii) processed for a purpose other than those for which it was originally collected or subsequently authorized by the individuals through the exercise of opt-in choice.  In addition, GENBAND shall treat as sensitive any personal information received from a third party where the third party identifies and treats it as sensitive.

Service Portals

If you have created a user profile on any GENBAND service portal (eg: Salesforce, uReach.com, Kandy.io), you may access and revise the personal information in your user profile when you log into your account. In general, these portals will only require minimal personal information that is necessary to provide and administer the service.

Marketing Materials

If you provide us with your email address or other Business Contact Information to enable us to provide current communications and information to you, we may use the information for providing such communications including delivery of press releases and other GENBAND marketing materials.  You may request to no longer receive GENBAND marketing communications by following the "unsubscribe" instructions in emails from GENBAND or by sending a request to the contact identified below.

In the rare and unlikely event that GENBAND wishes to use an individual’s personal information for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by the individuals, GENBAND will seek consent in advance as required by law.

Data Integrity

GENBAND employs reasonable means to keep personal information accurate, complete, and current, as needed for the purposes for which it was collected.

Information Disclosure

Internal Disclosure

In general, personal information may be shared within GENBAND, where legally permitted for reasonable and appropriate corporate purposes.  However, even within GENBAND, we restrict access to personal information to those employees, agents, or contractors who need access to carry out their assigned functions.

External Disclosure

GENBAND uses vendors and partners for a variety of business purposes such as to help us provide, and bill for services we provide. We share information with those vendors and partners when it is necessary for them to perform work on our behalf.   As described in the Accountability for Onward Transfer section of this policy, GENBAND requires that these vendors and partners protect the customer information we provide to them and limit their use of such information to their respective processing activity.

We may disclose information that individually identifies our subscribers or identifies customer devices in certain circumstances, such as:

  • to comply with valid legal process including subpoenas, court orders or search warrants, to defend or respond to legal actions, and as otherwise authorized by law;
  • to prevent unauthorized, unlawful or abusive use of our products and services;
  • to determine credit risk or obtain payment for GENBAND services or products, such as through credit bureaus or collection agencies;
  • for other purposes with your consent.

If GENBAND enters into a merger, acquisition or sale of all or a portion of its assets or business, customer information will also be transferred as part of or in connection with the transaction as per local law and/or non-disclosure agreement.

Protecting Personal Information 

To help protect the confidentiality of personal information, GENBAND employs security safeguards appropriate to the sensitivity of the information.  These safeguards include reasonable administrative, technical and physical measures to safeguard the confidentiality and security of personal information against anticipated threats and unauthorized access to the personal information.    

We convey safeguard obligations to our agents who receive personal information from or on behalf of GENBAND in the course of their relationship with our organization as described above in the Accountability for Onward Transfer provision.

Retention of Data

Personal information collected by GENBAND will be retained for as long as necessary and legally permitted for the purposes for which it was collected, to provide you with services and to conduct our legitimate business interests or where otherwise required by law.

Access, Correction, Recourse and Enforcement

We shall generally provide individuals with an opportunity to examine their own Personal Information, confirm the accuracy and completeness of their Personal Information, and have their personal information updated, if appropriate.   

The ability of an individual to access his or her personal information is not unlimited, however.  An individual’s ability to access personal information may be limited, for example, where (a) the burden or expense of providing access would be unreasonable or disproportionate to the risks to the individual’s privacy, (b) the information should not be disclosed due to legal or security reasons or to protect confidential commercial information; or (c) providing access would compromise the privacy of another person. 

If you have created a user profile on a portal, you may also access and revise the personal information in your user profile when you log into your account.

Individuals who wish to access or update their personal information not accessible via a portal, or who wish to file a complaint or who take issue with GENBAND’s policy should direct such communications to GENBAND at:

GENBAND Legal Department

3605 East Plano Parkway Suite 400 Plano, Texas 75074 USA Attention: Chief Legal Officer legal.privacy@genband.com

GENBAND undertakes annual compliance review of our policies, procedures with respect to data privacy to ensure that policy is implemented as presented and, in particular, to address any cases of non-compliance.  GENBAND also considers any impact to our policies and procedures as a result of privacy law changes or trends in recurring complaints from individuals.

Third Party Web Sites, Plugins or Widgets

GENBAND websites and services may include social network or other third party plugins and widgets. Accessing these links is done at your option and is not part of any of GENBAND’s service offering.  Please review the sponsor’s privacy policy provided at the respective site.

Your California Privacy Rights

Revision of Policy

GENBAND reserves the right to change this Privacy Policy at our discretion subject to business or legal requirements.  Please check this Privacy Policy from time to time and particularly before you provide personal information to GENBAND.  The effective date of the newest version of the Privacy Policy will be posted below, and in the event that we make material changes to this Privacy Policy, we will notify affected users by making a more prominent notice of the changes.

If we change our policy or use of personal information in such a manner that significantly diverges from the original purpose that we collected the information, we will provide notification as required by law.  Your rights object or obtain further information is as provided for in the Access, Correction, Recourse and Enforcement section.

Recent Changes to Privacy Policy (N/A at this time)

Effective Date

January 24, 2017

Contact

If you have any comments or questions regarding this Privacy Policy or our privacy practices, please contact us at: privacy@genband.com GENBAND Privacy Suite 2100 500 Palladium Drive Ottawa, Ontario, Canada K2V 1C2

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