Solutions Privacy Statement
Your privacy is important to Avaya. We have prepared this privacy statement ("Privacy Statement") to disclose how Avaya Inc. (4655 Great America Parkway, Santa Clara, CA 95054-1233, USA) and its worldwide affiliates (collectively "Avaya") process personal information about individuals (i.e., data that may be used to identify or contact a single person) ("Personal Data"), including: (i) what type of Personal Data is gathered and tracked; (ii) how Personal Data is used; (iii) with whom Personal Data is shared; (iv) what choices regarding collected Personal Data individuals have; and (v) how individuals can access and update this information.
This Privacy Statement applies to the products and (cloud) services (collectively “Solution(s)”) which we offer. Some Avaya Solutions may have their own privacy statements that describe how Personal Data is being handled for those specific Solutions. Additional information on the processing of Personal Data may also be provided in the relevant Solution technology feature (e.g., voice, video, analytics, etc.) supplement, in the notice provided prior to Personal Data collection or in the applicable Solution description documentation.
By using our Solutions or providing any Personal Data to us you are accepting the practices described in this Privacy Statement.
Collection and Use of Personal Data
Avaya has long recognized that individuals with whom we conduct business value their privacy. However, in order to conduct global business in this increasingly electronic economy, the collection and use of Personal Data is often necessary and desirable for businesses and individuals involved. It is Avaya's goal to balance the benefits of our and our customers' business with the right of individuals to prevent the misuse of their Personal Data. Avaya aims to collect as little information as possible to protect these individuals' Personal Data.
For what purposes is the Personal Data collected?
Personal Data collected through our Solutions may be used for multiple purposes, including:
- to provide, support, install, configure, update, improve, optimize Solutions you have purchased or requested;
- to authenticate users of Solutions;
- to understand your needs and preferences, and to assess your level of satisfaction with Solutions;
- to communicate with you about Solutions;
- to access, store and analyze your information so that you may enjoy Solutions;
- to evaluate the performance and safety of Solutions;
- to prevent and detect fraud or misuse of Solutions;
- to maintain internal records;
- for marketing purposes and newsletters to the extent permitted by applicable law;
- to follow up on any questions and requests for assistance or information;
- to comply with legal requirements;
- to operate our business.
What Personal Data is collected?
We may collect a variety of Personal Data that is relevant for the purposes identified in this Privacy Statement or otherwise permitted by applicable law. Personal Data may include your name, address, phone number, email address, marketing preferences, login information, or payment card number. If you provide Avaya with any third party's Personal Data, you confirm that you have such third party's explicit permission to do so. Avaya and its Contractors (as defined below) may combine the Personal Data collected from you with information obtained from other sources for the purposes of improving its overall accuracy and / or completeness and tailoring Solutions for you.
In what way may Personal Data be processed?
Processing of Personal Data may include using, storing, recording, transferring, adapting, summarizing, amending, sharing, anonymizing and destroying Personal Data as necessary under the circumstances or as otherwise required by applicable law. Once you register with Avaya and / or use our Solutions, we will be processing some of your Personal Data.
Who will have access to Personal Data?
Unless otherwise identified in this Privacy Statement, access to Personal data is limited to Avaya employees and / or Contractors who need to have it for the execution of our contractual rights and obligations.
For how long Personal Data will be retained?
We will retain and use your Personal Data as required to accomplish the purposes for which it was collected or as necessary to resolve disputes, enforce contracts and / or comply with our legal obligations. We may, instead of destroying or erasing your Personal Data, make it anonymous such that it cannot be associated with or tracked back to you.
Security of Personal Data
The security of your Personal Data is very important to us and we take it seriously. Avaya has implemented commercially reasonable technical and organizational measures to aid in protecting Personal Data against (i) accidental or unlawful destruction, (ii) accidental loss or alteration, (iii) unauthorized disclosure or access. We follow generally accepted standards to protect Personal Data submitted to us, both during transmission and once we receive it. However, please note that no method of transmission over the internet or method of electronic storage is 100 % secure. Therefore, we cannot guarantee its absolute security.
Sharing of Personal Data
With third parties
For the purposes of (including, but not limited to) (i) operating our business, (ii) improving and delivering Solutions, (iii) sending communications (e.g., marketing) associated with our business, and (iv) for other commercially reasonable purposes permitted by applicable law or otherwise with your consent, we may enter into contractual relationships with third parties, including vendors, suppliers, business partners and service providers (collectively “Contractors”). Please be assured that we select these third parties with the greatest possible care. In addition, Contractors will be contractually bound to commercially reasonable security standards and guidelines regarding the handling of your Personal Data. When using Contractors we may share Personal Data with them which is required to carry out their contracts. Avaya will exercise reasonable control over the information in order to protect your Personal Data.
Special Sharing Rules
We may also disclose your Personal Data to third parties in other instances, including: (i) as required by law, such as to comply with a subpoena or similar legal process; (ii) when we believe in good faith that disclosure is necessary to protect our rights, your safety or the safety of others or defend against legal claims; (iii) to investigate fraud or other illegal activities or violations of Avaya’s agreements; (iv) to respond to a government request; (v) in connection with or during negotiation of, any merger, acquisition, sale of all or a portion of our assets, financing, liquidation, reorganization; and (vi) in aggregated and /or anonymized form which can no longer be used to identify you.
International Data Transfers
As a global company and provider of internet-accessible services, Avaya may need to transfer Personal Data around the world over public or private networks. As such, Personal Data transfers may naturally include territories outside your country, including outside the European Economic Area (“EEA”), where data protection requirements may differ and be less comprehensive than in your country. However, such Personal Data transfers are carried out in accordance with our strict policies to protect your privacy and security. By using our Solutions or providing any Personal Data to us you consent to the processing of such Personal Data outside of your country of residence.
Data Breach Notification
We employ data protection standards with a view to protecting your Personal Data. Depending on the jurisdiction applicable, we may be obliged by law to inform you and / or relevant data protection authorities about breaches of security in our IT network which may affect your Personal Data. Where legally required and possible, we will notify you (e.g., by sending an email, or otherwise contacting you) and / or display a notice on our website www.avaya.com (or a successor website as designated by Avaya) (“Website”) / Solutions in case of such a breach.
Fee Based Service
For all fee-based Solutions we collect Personal Data from you for the purpose of executing and maintaining our contractual relationship. This may include your name, title, contact details (e.g., phone number and email address), payment details (e.g., payment card details or company bank account details), delivery address. At the point of the conclusion of a contract we set up a customer account in our customer management system(s) which will hold all the information collected. During the duration of our contractual relationship information such as invoices, payment information and orders will be added to the customer account. We use this information to deliver the ordered Solutions to our customers as well as for billing purposes and to handle payments or resolve disputes.
Payment Card Data
Avaya may need payment card information in order to process payment of Solutions. This information will also be handled by our payment service providers that abide by the necessary strict security requirements such as the Payment Card Industry Data Security Standard (PCI DSS).
To access and use our Solutions we may request Personal Data from you. If you do not submit the requested Personal Data, you may not have access to certain (or all) parts of the respective Solutions.
We may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so. To the extent that your consent is required, we will assume, unless you advise us otherwise in writing, that you have consented to Avaya collecting, using and disclosing your Personal Data for the purposes stated in this Privacy Statement (including any other purposes stated or reasonably implied at the time such Personal Data was provided to us).
Depending on applicable data protection laws and when Avaya is considered as a "data controller", you may exercise your rights of access to Personal Data and request rectifications, deletions and / or copies of your Personal Data. When requesting access to your Personal Data, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the personal information which we hold about you. We may charge you a fee to access your Personal Data, but in such event we will advise in advance. Please also note that your right to access the Personal Data that we hold about you is not absolute. Personal Data may have been destroyed, erased or made anonymous in accordance with our obligations and practices, or there may be instances where applicable law, regulatory requirements allow or require us to refuse to provide some or all of the Personal Data that we hold about you (e.g., when Avaya is considered as a “data processor”).
Where your consent was required for our collection, use or disclosure of your Personal Data, you may, at any time, subject to legal or contractual restrictions and reasonable advanced notice, withdraw your consent. All communications with respect to such withdrawal or variation of consent should be in writing.
If you would like to exercise your rights detailed in this section or require assistance in preparing your request, please contact our Global Privacy Team.
Linked External Content
Avaya may include selected links, content or resources (collectively “Content”) within our Solutions. Avaya may check the Content before linking it, but we do not have control over the Content. Avaya is, therefore, not responsible for the Content and encourages you to review those third party privacy policies when accessing the Content.
Specific Privacy Statements and Technology Feature Supplements
Our Solutions may have multiple technology features (e.g., voice, video, analytics, etc.) enabled. For information related to such features embedded into our Solutions and possible impact to your privacy please review our Technology Feature Supplements and / or Solution Specific Privacy Statements.
Tell a Friend
If you choose to use our referral service to tell a friend about our Solutions, you represent that you have the third party's permission to do so. In turn, we may ask you for your friend's Personal Data along with other relevant details which will allow us to provide him with an information about our respective Solutions.
Privacy Statement Update Procedure
We reserve the right to amend or change this Privacy Statement at any time, so please review it frequently. If we change this Privacy Statement, we will post the revised version, with an updated revision date. If we make material changes to our Privacy Statement, we may notify you by sending an email, or posting a notice on our Website, or by any other reliable means. By continuing to use our Website and / or our Solutions after such revisions are in effect, you accept and agree to the revisions and abide by them.
Global Privacy Team and Feedback Reporting
If you have any questions about this Privacy Statement or concerns about how we manage your Personal Data, please contact us and we will endeavor within a commercially reasonable period of time to answer any questions from you and advise you of steps taken by us to address issues raised by you. For all feedback, concerns, inquiries regarding your Personal Data at Avaya, please contact our Global Privacy Team (email – firstname.lastname@example.org, postal address – Avaya Inc., 4655 Great America Parkway, Santa Clara, CA 95054-1233, the United States). Additional information on how to contact Avaya can be found here.
Interpretation of Privacy Statement
Any interpretation of this Privacy Statement will be done by the Avaya Privacy Officer. This Privacy Statement does not create or confer upon any individual any rights or impose upon Avaya any obligations outside of, or in addition to, any rights or obligations imposed by the privacy laws applicable to such individual's Personal Data. Should there be, in a specific case, any inconsistency between this Privacy Statement and such privacy laws, this Privacy Statement shall be interpreted to comply with such privacy laws.