We respect the privacy of every person who visits or registers with www.metaswitch.com or its subdomains including communities.metaswitch.com (the “Site”) and we are further committed to ensuring a safe online experience. We respect the privacy of every person who uses the products and services that we make available from the Site or whose personal data we may process as a result using the Site or who applies to work at Metaswitch.
Purpose of this Privacy Notice
This privacy notice (“Privacy Notice”) explains how we gather and use information from visitors of this Site. This Privacy Notice also sets out your rights in respect of our processing of your personal data.
This Privacy Notice will inform you of the nature of the personal data about you that is processed by us and how you can request that we delete, update, transfer and/or provide you with access to it.
Who are we and what do we do?
The Site is are operated by Metaswitch, (“we”, “us” or “our”).
For the purposes of applicable EU laws, Metaswitch Networks Ltd is the data controller responsible for your personal data processed via the Site.
Metaswitch Networks Ltd is a UK company with registered company number 01578918 and whose registered office is at 33 Genotin Road, Enfield, EN1 2AG, UK.
How to contact us?
If you have any questions about this Privacy Notice or want to exercise your rights set out in this Privacy Notice, please contact us by:
- sending an e-mail to email@example.com; or
- sending mail to: Attention Privacy Compliance Officer, 33 Genotin Road, Enfield, EN1 2AG, UK
Please see the What are your rights? section below for more information.
What personal data do we collect and how do we use it?
Personal Data we collect
We use the personal data we collect to operate our business and provide you with the Site’s functionalities and perform essential business operations. Our goals in collecting personal data from you may be to: (i) verify your identity;(ii) carry out requests made by you on the Site; (iii) improve and develop the Site and market our services to you; (iv) investigate or settle inquiries or disputes; (v) comply with any applicable law, court order, other judicial process, or the requirements of a regulator; (vi) enforce our agreements with you; (vii) protect the rights, property or safety of us or third parties, including our other customers or subscribers and users of the Site; (viii) recruitment purposes; and (ix) use as otherwise required or permitted by law (as more specifically set out below, under Usage Made of Personal Data and Legal Bases).
We rely on various legal bases under applicable data protection legislation in order to process your personal data (e.g., name, title, address, email, phone number, information you voluntarily add to any profile maintained in Communities, date of birth, IP address, username, password, social media profiles and similar matters and similar information that you may provide to us.), including our legitimate interests, contractual necessity and as required by law (as more specifically set out below, under Usage Made of Personal Data and Legal Bases).
Potential Recruit’s Personal Data
If you are a potential recruit to a Metaswitch office we will collect additional information about you as a result of the application process. For further details on how we collect and process personal data in connection with our recruitment activities please see our Recruitment privacy notice which is accessible here: https://www.metaswitch.com/careers/privacy.
Failure to provide Personal Data
If we require your personal data due to a legal requirement or obligation, or in order to perform a contract with you, we will make you aware of this at the time we collect your personal data, and the possible consequences of you failing to provide the relevant personal data. Failure to provide this information may result in your inability to use some or all portions of the Site that require such personal data.
How we obtain your Personal Data
We collect your personal data when you decide to interact with us via the Site and we only collect the information necessary to carry out our business for the purposes set out below. You can provide us with personal data via the Site, email, post and telephone.
Usage Made of Personal Data and Legal Bases
To the extent that you provide us with any personal data, through or in connection with this Site (i.e., via telephone, email or post), we may use such information for the following purposes:
To provide you with the services or products you have requested.
Contractual necessity and legitimate interest
To keep a record of your relationship with us.
To provide you with customer service functionalities.
To collate feedback from you on our Site.
To verify your identity.
Fraud and abuse prevention.
To conduct due diligence activities in connection with an actual or prospective corporate transaction or investment with respect to which we are party to.
To make suggestions and recommendations to you about goods or services that may be of interest to you
To send you marketing communications.
Consent and legitimate interest
To measure the effectiveness of our content and how visitors use our Site.
To enable social media providers to find other registered users of their services with similar interests to you.
Consent and legitimate interest
No automated decision-making, including profiling, is used when processing your personal information.
Usage made of aggregated data
We may also collect aggregate and anonymized data about your usage of the Site. We may share this aggregated data with third parties for the purpose of improving the Site, understanding our users’ preferences, and developing the Site. For further details please see the Security of your personal data section of this Privacy Notice below.
- an IP address to monitor Site traffic and volume.
- a session ID to track usage statistics on our Site.
- to note your cookie preferences.
- information to verify your identity, information regarding your personal or professional interests, demographics, buying habits, experiences with our products and contact preferences.
Our web pages and e-mails contain “cookies” "web beacons" or “pixel tags.” (“Tags”). Tags allow us to track receipt of an e-mail to you, to count users that have visited a web page or opened an e-mail and collect other types of aggregate information. Once you click on an e-mail that contains a Tag, your contact information may subsequently be cross-referenced to the source e-mail and the relevant Tag.
In some of our e-mail messages, we use a “click-through URL” linked to certain website administered by us or on our behalf.
By using this information, we are able to measure the effectiveness of our content and how visitors use our Site. This allows us to learn what pages of our Site are most attractive to our visitors, which parts of our Site are the most interesting and what kind of offers our registered users like to see.
We also use this information for marketing purposes (see the Marketing section below for further details).
Where cookies are necessary for us to provide the products or services you have requested or for the functioning of this Site, we will ask you to consent to their use. You may opt-in to accept cookies automatically by changing the settings on your browser. You may wish to visit www.aboutcookies.org, which contains comprehensive information about types of cookies, how they are used, and how you manage your cookie preferences.
We will send you direct marketing communications where we have obtained your prior consent to keep you informed of our products and services in which you might be interested, or based on our legitimate business interests where we have an existing relationship with you and we wish to contact you about similar products or services in which you may be interested.
You may opt-in to certain kinds of marketing by ticking the applicable (unticked) marketing communication preference boxes displayed on our website. You can also click on the “opt-out”/unsubscribe link provided in all our marketing emails as well as manage your marketing preferences through your personal customer portal.
How do we obtain your consent and how can you withdraw your consent?
Where our use of your personal data requires your consent, you can provide such consent:
- at the time we collect your personal data following the instructions provided; or
- by informing us by e-mail, post or phone using the contact details set out in this Privacy Notice.
You may also withdraw your consent at any time by:
- contacting firstname.lastname@example.org;
- clicking on the unsubscribe link provided in all our marketing emails; or
- amending your preferences in your personal customer portal.
What are your rights?
You have the right to:
- Access: Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. Please contact email@example.com if you wish to exercise this right. We will get back to you as soon as possible. Note that we may:
- Request a payment from you to cover costs if your request is particularly complex, or you have made a substantial number of requests recently.
- Need to request additional information from you to verify your identity before we provide the results.
- Correction: Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Deletion: Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. However, do note:
- That it is not possible to selectively delete data relating to an end-user, so, to the extent we need to delete any personal data please be aware that all such data about you will be deleted.
- That we may not always be able to comply with your request if erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object: Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Restrictions on use: Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- If you want us to establish the data’s accuracy.
- Where our use of the data is unlawful, but you do not want us to erase it.
- Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
- You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
- Portability: Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdrawal of consent: Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, you should remove the MaX UC application and will not be able to use or operate the MaX UC application.
Third Party contractors and other controllers
We may appoint sub-contractor data processors as required to operate the Site, in particular: employees who work for our affiliated companies, IT staff who maintain our network infrastructure, third-party service provider to assist us with client surveys and feedback, third party service providers who assist us with social media insight, Google Analytics and HubSpot, professional advisers such as lawyers and accountants, governmental or regulatory authorities, third party recruitment firms, leased engineers from specialized contracting agencies, third party email marketing providers, employees of the manufacturer of products or services that we resell, who will process personal data on our behalf and at our direction. We conduct an appropriate level of due diligence and put in place necessary contractual documentation in relation to any sub-contractor data processor to ensure that they process personal data appropriately, securely and according to our legal and regulatory obligations.
Disclosure and transfer of your personal data
If you are based within the EEA, please note that where necessary to operate the Site we will transfer personal data to countries outside the EEA (including to Metaswitch’s US entities) and other Metaswitch entities via the Metaswitch Data Sharing Agreement, a copy of which is available here.
When doing so we will comply with our legal and regulatory obligations in relation to the personal data including but without limitation having a lawful basis for transferring personal data and putting appropriate safeguards in place to ensure an adequate level of protection for the personal data.
We reserve the right to disclose your personal data as required by law, or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, request from a regulator, national security, for the purposes of public importance or any other legal or investigatory process involving us. Should we, or any of our affiliated entities, be the subject of a takeover, divestment or acquisition we may disclose your personal data to the new owner of the relevant business and their advisors on the basis of our legitimate interest.
Security of your personal data
We are committed to protecting the personal data you entrust to us. We adopt robust and appropriate technologies and policies, so the information we have about you is protected to the extent possible from unauthorized access and improper use. In addition, we limit access to your personal data to those agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
How long do we keep your personal data for?
Regarding visitors to the Site, will retain relevant personal data for only for as long as is necessary for the purposes set out in this Privacy Notice, unless a longer retention period is required by law. We will not keep more personal data than we need for those purposes.
Notification of changes
We regularly review and, where necessary, may amend this Privacy Notice from time to time to reflect changes in our business practices with respect to the use of personal data. If we decide to change our Privacy Notice, we will inform you of these changes by publishing the revised Privacy Notice and prominently posting a notice of the change at https://www.metaswitch.com/legal/privacy. If at any point we decide to collect personal data or use any collected information for different and incompatible purposes from that stated at the time it was collected, we will notify applicable users. We will use information only in accordance with the Privacy Notice under which the information was collected.
We work to high standards when it comes to processing your personal data. If you have queries or concerns, please contact us at firstname.lastname@example.org and we will respond.
If you remain dissatisfied after contacting us, and should you wish to lodge a complaint with regards to how your personal data has been processed by us, please contact your local supervisory authority. In the UK, this is the Information Commissioner’s Office – https://ico.org.uk/global/contact-us.