Global Privacy Policy

“We will ensure that your personal data is protected and appropriately handled and used by Avaya. Now and in the future.”

Koldo Loidi
Global Privacy Officer

This Avaya Global Privacy Policy (“Policy”) establishes Avaya's^[1] approach to compliance with data protection laws when “Processing”^[2] “Personal Data”^[3]. It does not replace any specific data protection requirements that might apply to a business unit or function. Where respective local laws and regulations mandate additional restrictions on the collection, use and disclosure of Personal Data that exceed those contained in this Policy, the local laws and regulations will prevail.

This Policy describes how Personal Data will be Processed to meet Avaya’s data protection standards and to comply with privacy laws and regulations. Instructions and / or guidelines regarding Personal Data Processing activities at Avaya are provided to Avaya employees and contractors in internal policies.

What is Data Protection Law?

How does Data Protection Law Affect Avaya Internationally?

What is Avaya Doing About it?

Avaya Binding Corporate Rules: Controller Policy

Avaya Binding Corporate Rules: Processor Policy

Policy Update Procedure

Further Information

What is Data Protection Law?

Data protection law gives individuals certain rights in connection with the way in which their Personal Data is Processed. If organizations do not comply with data protection law, they may be subject to sanctions and penalties imposed by the national data protection authorities and the courts. When Avaya Processes Personal Data, this activity and the Personal Data in question are covered and regulated by data protection law.

When an organization Processes Personal Data for its own purposes, that organization is deemed to be a "Data Controller" of that information and is, therefore, primarily responsible for meeting the legal requirements under data protection law.

On the other hand, when an organization Processes Personal Data on behalf of a third party (e.g., content hosted on behalf of an Avaya enterprise customer) that organization is deemed to be a "Data Processor" of the information. In this case, the Data Controller of the Personal Data (i.e., Avaya’s enterprise customer) will be primarily responsible for meeting the legal requirements.

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How does Data Protection Law Affect Avaya Internationally?

Many countries / regions have legislation addressing the international transfers of Personal Data. For instance, European data protection law prohibits the transfer of Personal Data to countries outside Europe^[4] that do not ensure an adequate level of data protection, unless the exporting entity implements one of the contractual or legal mechanisms established in the law. Some of the countries in which Avaya operates are not regarded by European data protection authorities as providing an adequate level of protection for individuals’ privacy and data protection rights.

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What is Avaya Doing About it?

Avaya must take proper steps to ensure that it Processes Personal Data on an international basis in a safe and lawful manner. Avaya has implemented processes and controls to abide by these requirements. In Europe Avaya has obtained the approval from European Data Protection Authorities and adopted its global Binding Corporate Rules: Controller and Processor Policies, which set out a framework to satisfy data protection law requirements (these policies, including their appendixes, e.g. “Data Subject Right Procedure”, “Complaint Handling Procedure”, “Cooperation Procedure”, “Law Enforcement Data Access Procedure”, etc., are incorporated herein by reference and form an integral part of this Policy). Such framework shall apply to all Personal Data Processing activities conducted by Avaya globally.

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Avaya Binding Corporate Rules: Controller Policy

The standards described in the Avaya Binding Corporate Rules (Controller) Policy are worldwide standards that apply to all “Group Members”^[1] when Processing any Personal Data for purposes of carrying out Avaya’s business activities, employment administration and supply chain management. Below is a summary of basic data protection principles and practical commitments that Avaya must observe when it Processes Personal Data as a Data Controller. They are described in detail in the aforementioned policy.

Basic Principles

Principle 1 – Lawfulness of Processing

• Avaya will ensure that all Processing is carried out in accordance with applicable laws.

Principle 2 – Fairness and Transparency

• Avaya will inform and explain to individuals, at the time when their Personal Data is collected, how their Personal Data will be Processed.

Principle 3 – Purpose Limitation

• Avaya will only obtain and Process Personal Data for those purposes which are known to the individual or which are within their expectations and are relevant to Avaya.
• Avaya will only Process Personal Data for specified, explicit and legitimate purposes and not further Process that information in a manner that is incompatible with those purposes, unless such further Processing is consistent with the applicable law of the country in which the Personal Data was collected.

Principle 4 – Data Minimization and Accuracy

• Avaya will keep Personal Data accurate and up to date.
• Avaya will only Process Personal Data that is adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed.

Principle 5 – Limited Retention of Personal Data

• Avaya will only keep Personal Data for as long as is necessary for the purposes for which it is collected and further Processed.
   

Principle 6 – Security, Integrity and Confidentiality

• Avaya will implement appropriate technical and organizational measures to ensure a level of security of Personal Data that is appropriate to the risk to the rights and freedoms of individuals.
• Avaya will ensure that providers of services to Avaya also adopt appropriate and equivalent security measures.
• Avaya will comply with data security breach notification requirements as required under applicable law.

Principle 7 – Rights of Individuals

• Avaya will adhere to the Data Subject rights procedure and will respond to any requests from individuals to access their Personal Data in accordance with applicable law.
• Avaya will also deal with requests to rectify or erase Personal Data, to exercise the right to data portability, to restrict or to object to the Processing Personal Data in accordance with the Data Subject rights procedure.
   

Principle 8 – Ensuring Adequate Protection for Trans Border Transfers

• Avaya will not transfer Personal Data to third parties outside Europe without ensuring adequate protection.
   

Principle 9 – Safeguarding the Use of Sensitive Personal Data

• Avaya will only Process sensitive Personal Data where the individual’s explicit consent has been obtained, unless Avaya has an alternative legitimate basis for doing so consistent with the applicable law of the country in which the Personal Data was collected.
   

Principle 10 – Legitimising Direct Marketing

• Avaya will allow customers to opt-out of receiving marketing information.
   

Principle 11 – Automated Individual Decisions Including Profiling

• Avaya will ensure it has the appropriate controls in place to adhere to applicable legislation and policies on individual’s right not to be subject to a decision based solely on automated Processing, including profiling, unless such automated Processing is authorized by law.
   

Principle 12 –Accountability

• Avaya will carry out a data protection impact assessment when the Processing is likely to result in a high risk for the individuals concerned.
• Avaya will maintain records of data Processing activities under its responsibility.
• Avaya shall implement Privacy by Design and Privacy by Default for new systems and applications.
   

Practical Commitments

Commitment 1 – Complaint Handling

• Avaya will ensure that individuals may exercise their right to lodge a complaint and will handle such complaints in accordance with the Complaint Handling Procedure set out in Appendix 2 of its Binding Corporate Rules.
   

Commitment 2 – Cooperation With Data Protection Authorities

• Avaya will cooperate with the data protection authorities on any issue related to the Avaya Binding Corporate Rules Controller Policy in accordance with the Cooperation Procedure set out in Appendix 3 of its Binding Corporate Rules.
   

Commitment 3 – Action Where National Legislation Prevents Compliance with the Avaya Binding Corporate Rules Controller Policy

• Avaya will ensure that where it believes that the legislation applicable to it prevents company from fulfilling its obligations under its Binding Corporate Rules Controller Policy or such legislation has a substantial effect on its ability to comply with the Binding Corporate Rules Controller Policy, Avaya will promptly inform the Data Privacy Officer and the EU entity with data protection responsibilities, unless otherwise prohibited by a law enforcement authority.
• Avaya will ensure that where there is a conflict between the legislation applicable to it and its Binding Corporate Rules Controller Policy, the Data Privacy Officer will make a responsible decision on the action to take and will consult the data protection authority with competent jurisdiction in case of doubt.
   

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Avaya Binding Corporate Rules: Processor Policy

The standards described in the Avaya Binding Corporate Rules (Processor) Policy are worldwide standards that apply to all Group Members when Processing any Personal Data on behalf of and under the instructions from a Data Controller which is not a Group Member, such as for instance in the context of providing a service to an enterprise customer. Below is a summary of basic data protection principles and practical commitments that Avaya must observe when it Processes Personal Data as a Data Processor. They are described in detail in the aforementioned policy.
 

Basic Principles

Principle 1 – Lawfulness of Processing

• Avaya will ensure that all Processing is carried out in accordance with applicable laws.
• Avaya will cooperate and to the extent reasonably possible assist a Data Controller without undue delay to comply with its obligations under applicable data protection laws.
   

Principle 2 – Fairness and Transparency

• Avaya will assist a Data Controller to comply with the requirement to inform and explain to individuals how their Personal Data will be Processed in accordance with applicable laws.
   

Principle 3 – Purpose Limitation

• Avaya will only Process Personal Data on behalf of, and in accordance with, the instructions of a Data Controller.
   

Principle 4 – Data Minimization and Accuracy

• Avaya will assist a Data Controller to keep the Personal Data accurate and up to date.
   

Principle 5 – Limited Retention of Personal Data

• Avaya will only keep Personal Data for as long as is necessary under the terms of the contract or other legally binding document with a Data Controller.
   

Principle 6 – Security and Confidentiality

• Avaya will implement appropriate technical and organizational measures to safeguard Personal Data processed on behalf of a Data Controller.
• Avaya will notify a Data Controller without undue delay of any security breach affecting the Personal Data that is being Processed on behalf of a Data Controller in accordance with the terms of the contract or other legally binding document with that Data Controller.
• Avaya will comply with the requirements of a Data Controller regarding the appointment of any sub-processor.
• Avaya will ensure that external sub-processors undertake to comply with provisions that are consistent with (i) the terms of the contract or other legally binding document it has with a Data Controller and (ii) Avaya Binding Corporate Rules (Processor) Policy, and in particular that the sub-processor will adopt appropriate and equivalent security measures.
   

Principle 7 – Rights of Individuals

• Avaya will assist Data Controllers to comply with their duty to respect the rights of individuals.
   

Principle 8 – Accountability

• Avaya shall demonstrate compliance to the Data Controller.
• Avaya will maintain records of data Processing activities it is carrying out on behalf of a Data Controller.
• Avaya shall assist the Data Controller in implementing Privacy by Design and Privacy by Default tools.
   

Practical Commitments

Commitment 1 – Complaint Handling

• Avaya will ensure that individuals may exercise their right to lodge a complaint and will handle such complaints in accordance with the Complaint Handling Procedure set out in Appendix 2 of its Binding Corporate Rules.
   

Commitment 2 – Cooperation With Data Protection Authorities

• Avaya will cooperate with the data protection authorities on any issue related to the Avaya Binding Corporate Rules Processor Policy in accordance with the Cooperation Procedure set out in Appendix 3 of its Binding Corporate Rules.
   

Commitment 3 - Action Where National Legislation Prevents Compliance with the Avaya Binding Corporate Rules Processor Policy

• Avaya will ensure that where it believes that the legislation applicable to it prevents it from fulfilling its obligations under its Binding Corporate Rules Processor Policy, or such legislation has a substantial effect on its ability to comply with the Binding Corporate Rules Processor Policy, Avaya will promptly inform (unless otherwise prohibited by law) the:
  • Data Controller as provided for by Principle 2 above (unless otherwise prohibited by a law enforcement authority);
  • Data Privacy Officer and the EU entity with data protection responsibilities; or
  • appropriate data protection authority competent for the Data Controller and for Avaya.
• Avaya will ensure that where it receives a legally binding request for disclosure of Personal Data by a law enforcement authority or state security body which is subject to its Binding Corporate Rules Processor Policy, Avaya will:
  • notify the Data Controller promptly unless prohibited from doing so by a law enforcement authority; and
  • put the request on hold and notify the lead data protection authority and the appropriate data protection authority competent for the Data Processor unless prohibited from doing so by a law enforcement authority or state security body.

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Policy Update Procedure

Avaya reserves the right to change, modify or update this Policy at any time. Please review it frequently for any updates.

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Further Information

If you have any questions regarding the provisions of this Policy, your rights under this Policy or any other data protection issues, you can contact Avaya Global Privacy Office at the address below, which will either deal with the matter or forward it to the appropriate person or department within Avaya.

Attention: Global Privacy Officer

Email: dataprivacy@avaya.com

Address: Avaya UK, Building 1000, Cathedral Square, Cathedral Hill, Guildford, Surrey GU2 7YL, United Kingdom

Revised: October 2019.

^[1] “Avaya” includes Avaya Inc. (4655 Great America Parkway, Santa Clara, CA 95054-1233, USA) and designated affiliates ("Group Members"), detailed list of such designated affiliates is incorporated into Avaya Binding Corporate Rules: Controller and Processor Policies by reference. 

^[2] "Processing" means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

^[3] "Personal Data" means any information relating to an identified or identifiable natural person ("Data Subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

^[4] For the purpose of this Policy reference to Europe means the European Economic Area and Switzerland.