Avaya UK
Building 1000, Cathedral Square,
Cathedral Hill, Guildford, Surrey
GU2 7YL, United Kingdom
If you have any questions or concerns regarding the privacy of medical data, please contact us at medicalprivacy@avaya.com
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.
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.
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.
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.
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.
Principle 1 – Lawfulness of Processing
Principle 2 – Fairness and Transparency
Principle 3 – Purpose Limitation
Principle 4 – Data Minimization and Accuracy
Principle 5 – Limited Retention of Personal Data
Principle 6 – Security, Integrity and Confidentiality
Principle 7 – Rights of Individuals
Principle 8 – Ensuring Adequate Protection for Trans Border Transfers
Principle 9 – Safeguarding the Use of Sensitive Personal Data
Principle 10 – Legitimising Direct Marketing
Principle 11 – Automated Individual Decisions Including Profiling
Principle 12 –Accountability
Commitment 1 – Complaint Handling
Commitment 2 – Cooperation With Data Protection Authorities
Commitment 3 – Action Where National Legislation Prevents Compliance with the Avaya Binding Corporate Rules Controller 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.
Principle 1 – Lawfulness of Processing
Principle 2 – Fairness and Transparency
Principle 3 – Purpose Limitation
Principle 4 – Data Minimization and Accuracy
Principle 5 – Limited Retention of Personal Data
Principle 6 – Security and Confidentiality
Principle 7 – Rights of Individuals
Principle 8 – Accountability
Commitment 1 – Complaint Handling
Commitment 2 – Cooperation With Data Protection Authorities
Commitment 3 - Action Where National Legislation Prevents Compliance with the Avaya Binding Corporate Rules Processor Policy
Avaya reserves the right to change, modify or update this Policy at any time. Please review it frequently for any updates.
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.