This privacy statement explains how Avaya and Sailor Telecom & ICT (“Channel Partners”) process information about you that is collected in the context of sales and marketing activities and explains how Channel Partners use such information for its own business purposes.
As used in this Privacy Statement, “Personal Data” means any data collected through our Channels that can be used to directly or indirectly identify an individual. The “Channels” are the various digital, electronic sites and technologies, such as public-facing sales and marketing websites and landing pages, software applications, social media pages, chat features and online conversations, tele-prospecting or HTML-formatted e-mail messages we use to pursue our sales and marketing activities.
Data Controller. The data controller in any given situation are the Channel Partners who decide how and why to use your Personal Data for its business purposes. When you visit a Channel Partners Website, the data controller is the Channel Partners entity named in the legal disclosure page on the Website. If the local laws that govern the website do not require any specific legal disclosure, the data controller shall be the Channel Partners entity named in the copyright notice displayed on such Website. When you complete an online (registration) form on a Channel Partners Website, the data controller is the Channel Partners entity that is disclosed on the form.
Links to other websites. Channel Partners websites may contain links to foreign (meaning non-Channel Partners companies) websites. Channel Partners are not responsible for the privacy practices or the content of such foreign websites. Therefore, we recommend that you carefully read the privacy statements of such foreign sites.
WHAT INFORMATION WE AND OTHERS COLLECT FROM YOU AND HOW IT IS COLLECTED
We collect your Personal Data. We collect such Personal Data about you directly, indirectly and/or automatically as described below. To the extent permitted by applicable law, we may combine the information collected about you, as described below, including information about the organization for which you work, with other information in our possession or information that you provide to us, and we treat all this information about you as Personal Data.
Direct collection of business information and Personal Data
When you access, use and/or interact with us through a Channel, we directly collect information you voluntarily provide us:
- information about you in the context of your professional activities, such as your name, email address, telephone number and country of residence
- information about your company such as the name, size and location of your company, your role within the company and its type of activity
- billing and transactional information when purchasing good and services on the Channels
- information you may choose to provide us when completing any “free text” boxes on our forms (if any at all, for example in surveys or questionnaires)
Examples of direct interactions with you through the Channels where you provide us business information and Personal Data about you include the following:
- completion and submission of online and other forms for events, webinars, webinars recordings, or asset downloads, or to request information about our goods and services and/or as part as joint marketing activities with our business partners
- sales inquiries which you initiate, such as through online chat, dedicated online “contact-us” link and “request a quote” forms
- tele-sales (if permissible under applicable law) and information you provide during phone calls with sales representatives and tele-sales representatives
- completion of questionnaires and surveys
- participation in sweepstakes and contests
- other conversation data triggered by the above direct interactions, such as follow-up calls and emails, thank-you emails, confirmation emails and the like
- contacting customer support as part of a contractual or informational request
- contact information gathering as part of implementation services for our products
Indirect collection of business information and Personal Data
We also obtain business information and Personal Data about you from third party sources, as permitted by applicable law, such as the following:
- information collected by our marketing service providers on our behalf, which are a variety of marketing lead generation service providers, marketing opt-in lists or data aggregators or professional event organizers
- public databases or other data you may have made publicly available, such as social media posts on professional networks and social media platforms
- information shared with us by a third party who recommended you, once you have confirmed your agreement for us to keep and process such data (for the purpose of providing you with updates about Channel Partners goods and services).
Automatic collection of business information and Personal Data
When you access, use and/or interact with us through a Channel, you do so using a “Device,” which is either a personal computer, desktop or laptop, or a mobile device such as a smartphone or a tablet. A “Device Identifier” is the number that is automatically assigned to the Device you use to access the digital Channel, and we may identify your Device through its Device Identifier. The “Tracking Technologies” are the various technologies we use to automatically collect Device Identifiers and other information about you, more precisely the following information:
- your computer's operating system, Internet Protocol (IP) address (including information derived from your IP address such as your geographic location), Device Identifier, access times, browser type, device type, domain name, duration of visit, referring URL, platform, new and repeat information, time stamp and language, and referring website addresses
- behavioral data about your usage and activity on the electronic Channels, such as webpages clicked, websites and content areas visited, content downloaded, date and time of activities
- information about your use of social media features such as the Facebook “Like” button, LinkedIn, Twitter and others
- past transactional behavior on the Channels based on your prior interactions with us
- information obtained from third parties on your interests
The information collected through Tracking Technologies may be considered Personal Data under applicable data protection laws. For additional information about our use of Tracking Technologies, please see below in How We Follow Visits and Usage, Why and How You Keep Control (Cookies, Analytics and Advertising).
HOW YOUR INFORMATION IS USED AND PROCESSED
Legal Basis for Processing. We collect and process your Personal Data with your consent or as permitted under applicable data protection laws to provide the goods and services you use on the Channels, fulfill your inquiry, operate our business, meet our contractual and legal obligations, ensure compliance, protect the security of our systems and our customers, or fulfil other legitimate interests.
Freely Given Personal Data or Consent. As a general principle, granting your consent and providing business information and Personal Data about you is entirely voluntary and there are no adverse consequences to you if you do not grant a consent when required under applicable law or do not provide the required information. However, there are circumstances where Channel Partners cannot take action without certain Personal Data because such information is required, such as to process your orders or provide you with access to a web offering or newsletter. In these cases, without the relevant Personal Data, Channel Partners will not be able to provide you with what you requested.
Purposes of Processing. We use and process Personal Data about you for purposes described below:
- To Provide the goods or services requested on the Channels. If you order goods or services from Channel Partners, we will use the Personal Data which you enter into our online or other forms (typically your name, email and postal address, country of residence, name of company, phone number, job title and role) to process your order or provide the requested goods or services, such as to process a quote request. This also includes taking the steps that are necessary prior to entering this contractual business relationship, such as responding to your related inquiries, comments and questions, providing you with shipping and billing information, and providing customer feedback and support. This may also include conversation data that you may trigger on the Channels (e.g., chat-functionalities or other web appearances, contact forms, e-mails or telephone). When you order such goods or services from us, we communicate with you via email and phone to resolve customer complaints, investigate suspicious transactions, confirm your preferences, send you notice of payments or information about changes to our goods and services, and to send notices, updates, technical notices, security alerts, support and other administrative messages and other disclosures as required by law.
- To Ensure compliance with your choices. We use your Personal Data to ensure compliance with your choices: the information that is indeed required to track your choices regarding the processing or use of your Personal Data or receiving marketing materials is based on the country law in which the relevant Channel Partners operate and is stored and exchanged between Channel Partners as necessary to ensure compliance.
- Legitimate Interest: To Operate and Improve our Channels, goods and services, to keep you up to date, to follow-up on a referral, communicate through social media channels, to append data or request your feedback. Channel Partners process and use your Personal Data based on its legitimate interest for the use cases below. Your right to object to processing based on legitimate interest is explained below in “Your European Privacy Rights”:
- Creation of anonymized data sets. We may anonymize Personal Data provided under this Privacy Statement to create anonymized datasets which will then be used to improve Channel Partners products and services or for insights into our customer behavior for sales and marketing purposes.
- Recording of calls and chats for quality improvement purposes. In case of telephone calls or chat sessions, we may record such calls, after informing you accordingly during that call and before the recording starts, or chat sessions to improve the quality of our services.
- Referral follow-up. We may engage in a single follow up contact to you based on a referral from another individual, requesting that you opt-in to future communication. In case that an existing customer contact informs us that you are his replacement, we will, from the point in time of such notification, consider you to be the relevant customer contact for the respective customer until you object as further set out below.
- Social media channel communications. We may engage into communications with you for marketing purposes through social media channels until you request us to not be contacted any longer.
- Appending data. As described above, we also obtain business and Personal Data about you from third party sources, as permitted by applicable law, such as third-party data aggregators, public databases, or posts on social or professional networking platforms. We may combine this information with information you have provided to us to ensure that our records about you are accurate and provide you with more relevant content.
- To keep you up-to-date and request feedback. Within an existing business relationship between you and Channel Partners, we may inform you, where permitted in accordance with local laws, about our goods or services, such as webinars, seminars, conferences or events, that are similar or related to goods and services you have already ordered or used from Channel Partners. In addition, when you have attended a webinar, seminar or event of Channel Partners or purchased goods or services from Channel Partners, we may contact you for feedback regarding the improvement of the relevant webinar, seminar, event, good or service.
- Consent: To provide updates about Channel Partners goods and services. Based on your consent, (where legally required), we use business information about you and your Personal Data collected through the Channels as well as an interaction profile based on prior interactions with Channel Partners on the Channels (e.g., prior purchases, product usage data, information gathered during customer support contacts, participation in surveys, webinars, seminars or events or the use of web services or interaction with emails) and adding to profiles through data appending with third party sources in order to (i) keep you up to date on the latest product announcements, product updates, unique offers, and other information regarding Channel Partners goods and services (including marketing-related information or newsletters) as well as events of Channel Partners and (ii) to display relevant content on our Channels and provide a personalized experience and implement the preferences you request. In connection with these marketing-related activities, Channel Partners may provide a hashed user ID to third party operated social networks or other web offerings (such as Twitter, LinkedIn, Facebook, Instagram or Google) where this information is then matched against the social networks’ data or the web offerings’ own databases in order to display to you more relevant information. With regard to marketing related types of communication including providing personalized updates about Channel Partners goods and services as described above, we will (a) where legally required only provide you with such information after you have granted your consent to such electronic communications (also commonly called “opt-in”) and (b) provide you the opportunity to exercise an opt-out choice if you do not want to receive further marketing related types of communication from us. We also maintain a Preference Center for you to manage your information, your marketing preferences and exercise your opt-out choices.
HOW WE FOLLOW VISITS AND USAGE, WHY AND HOW YOU KEEP CONTROL (COOKIES, ANALYTICS AND ADVERTISING)
We may use Tracking Technologies to collect information. The following are some examples of Tracking Technologies we may use:
- First and third-party cookies. We use first and third-party cookies on our Channels. Whether a cookie is 'first' or 'third' party refers to the domain placing the cookie. First-party cookies are those set by a website that you are visiting at the time (e.g., cookies placed by the Channel Partners website while visiting that website). Certain cookies are set by a domain other than that of the website you are currently visiting. If you visit a website and another entity sets its cookie or reads its cookie through that website, this would be a third-party cookie (e.g., cookies placed by Google while visiting a Channel Partners website).
- Persistent and session cookies. We use persistent cookies and session cookies on our Channels. Persistent cookies remain on your Device for the period of time specified in the cookie. They can remain on your Device after you visit the website that set them and can be read the next time that you visit the website that created that specific cookie or visit another website with a beacon from the website that dropped the cookie. Persistent cookies can remain after you end a browser session. A browser session starts when you open a browser window and finishes when you close the browser window. Session cookies allow us to link your actions during a browser session. Session cookies are created temporarily. Once you close the browser, session cookies are typically deleted.
- Web Beacons. We may collect information using web beacons. Web beacons are electronic images that may be used on our websites or in our emails. We use web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.
- ETag, or entity tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner, ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and HTML5 cookies.
- Flash LSOs. When we post videos or other media on our websites, third parties may use local shared objects, also known as Flash cookies, to store your preferences for volume control, or to personalize certain features. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash cookies.
- Publisher provided identifiers (PPIDs). These are identifiers we use with cookies and other Tracking Technologies in connection with personalized ads and content on our Channels, on third party websites, in applications, in our emails and elsewhere. The PPID allows us to have a consistent identifier for you across devices from which you use our apps and access our sites. This helps us better tailor your ads and content to your interests and helps keep us from showing you the same ads too many times even as you use different devices.
- Targeting or Advertising. We and our third-party partners may use information collected using Tracking Technologies on our Channels to learn more about you and your preferences and deliver content, including ads that seem relevant to your interests on our Channels and can be displayed to you on third-party websites and applications. We also may use Tracking Technologies to know when you return to our Channels after visiting these third-party websites and applications. We use information about you collected through Tracking Technologies to try to understand your interests and show you relevant advertising about products and services that may interest you. Our third-party partners may also use this information for third party advertising. Third parties may automatically collect information about your visits to our Channels and other websites, your IP address, your ISP, the browser you use to visit our Channels. They do this by using Tracking Technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Channels and other websites tracked by these third parties. Please note we are not responsible for Tracking Technologies in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of Tracking Technologies.
- Analytics. We use analytics, including analytics conducted by third party partners, to help improve our Channels and your user experience, such as remembering you when you return, understanding your preferences and interests, and knowing which of our Web pages are visited and which Channels are most often used.
- Required Cookies. Required Cookies are required to enable core site functionality. These cookies allow Channel Partners to provide you a secure log-in and remember how far you are through an order.
- Functional Cookies. Functional Cookies allow Channel Partners to analyze site usage so it can measure and improve its performance. These cookies allow Channel Partners to remember your log-in details to make sure the website looks consistent. You can adjust your personal preferences by clicking on the Cookie Preferences link found in the footer of the webpage of this site.
- Advertising Cookies. Advertising Cookies are used by advertising companies to serve ads that are relevant to your interests. These cookies allow you to share pages with social networks and to post comments. Further, to serve ads relevant to your interests, you can adjust your personal preferences by clicking on the Cookie Preferences link found in the footer of the webpage of this site.
HOW YOUR INFORMATION IS SHARED
Transfers to data processors. We work with affiliated and third party vendors, consultants and other service providers that help us run our sales and marketing activities. These companies provide work and services such as email delivery, postal delivery, collecting business information and Personal Data about you on our behalf, event/campaign registration and management, information technology and related infrastructure services, data analysis and insight, auditing and other similar services. In some cases, these companies need access to some of your Personal Data to carry out their work for us. They are not permitted to use your Personal Data for their own promotional or business purposes.
Transfers to other controllers. Based on your consent, (where legally required), we may transfer your Personal Data to the other entities for the purposes described above of providing you with updates about Channel Partners goods and services.
Besides this we share information with other companies to comply with legal obligations, such as tax administration etc.
Occasionally, we may engage in joint sales or product promotions with selected business partners to provide content or to host events, conferences and seminars. If you purchase or specifically express interest in a jointly-offered product, promotion or service, we may share relevant Personal Data with those partners as permitted under applicable law. However, please be aware that we do not control our business partners’ use of such Personal Data. Based on your consent (where legally required), we may also transfer your Personal Data to selected business partners for their own marketing and promotional purposes. Our partners are responsible for managing their own use of the Personal Data collected in these circumstances. We recommend you review the privacy policies of the relevant partner to find out more about their handling of your Personal Data.
We may also share information about you as part of an Event, Conference, Seminar or Webinar: If you register for an event, seminar, webinar or conference of Channel Partners, based on your consent we may share basic participant information such as your name, company and email address with other participants of the same event, seminar, webinar or conference to foster the communication and exchange of ideas.
We may also share your information in the following circumstances:
- in an aggregated form that does not directly or indirectly identify you, such as statistical information about visitors to our Channels
- in connection with a corporate transaction, such as a divestiture, merger, acquisition, consolidation, or asset sale (or the negotiation thereof), or in the unlikely event of bankruptcy
- as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, data protection authority request or legal process served to us
HOW YOUR INFORMATION IS KEPT SAFE
Channel Partners maintain data handling and storage practices and procedures that are designed to promote the integrity and confidentiality of Personal Data. We update and test our security technology on an ongoing basis. We use commercially acceptable means to protect your Personal Data in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction, but we cannot guarantee its absolute security.
HOW YOUR INFORMATION IS TRANSFERRED INTERNATIONALLY
Channel Partners might have third-party service providers within, as well as outside of, the EEA. Therefore, your Personal Data may be transferred, used, processed or stored in the United States or any other country where Channel Partners operate or maintain facilities or call centers, including jurisdictions that may not have data privacy laws that provide protections equivalent to those provided in your home country. We take steps designed to ensure that the Personal Data we collect under this Privacy Statement is processed according to the provisions of this Privacy Statement and applicable law wherever the data is located. By providing your information to us on our Channels, you agree to that transfer, storage, and processing in the United States and other countries outside of the European Union. Also, we may transfer your data from the United States to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Channels. When we transfer Personal Data from the European Economic Area and Switzerland to other countries, some of which have not been determined by the European Commission to have an adequate level of data protection, such transfer is based on the Standard Contractual Clauses (according to EU Commission Decision 87/2010/EC or any future replacement) in order to contractually ensure that your Personal Data is subject to a level of data protection which applies within the EEA.
HOW YOUR INFORMATION IS STORED AND RETAINED
We store and retain your Personal Data for as long as necessary to fulfill the purposes described in this Privacy Statement, such as to provide goods and services requested by you, respond to your inquiries or for other essential purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements, or until you object to the use of your Personal Data by Channel Partners (if use of your Personal Data is based on a legitimate interest) or you withdraw your consent (if use of your Personal Data by Channel Partners is based on your consent). For clarity, in circumstances where we are required by law to retain your Personal Data longer, such as for tax, legal, accounting or other purposes, or where we need your Personal Data to assert or defend against legal claims, we will retain such information until the end of the relevant retention period or the resolution of such claims.
YOUR RIGHTS WITH REGARD TO YOUR PERSONAL DATA
You have the right to request the following:
- access to your personal data;
- correction of errors
- restriction of processing
- receive your personal data in a form facilitating data portability
- if the processing of personal data is solely based on your consent you have the right to withdraw your consent.
You also have the right to object to processing of your personal data.
We will respond within 1 month.
Please contact [email protected] if you have any questions regarding the processing of your personal data.
According to the GDPR you have the right to lodge a complaint with a supervising authority.
We may update this Privacy Statement from time to time without notice to you other than posting the revised Privacy Statement on the Channels or by providing such notice about or obtaining consent to changes as may be required by applicable law. If we change our Privacy Statement, we will post those changes to this Privacy Statement and change the "last updated" date above. We encourage you to periodically review this Privacy Statement for the latest information on our privacy practices.