Privacy Policy

POLYCOM: EU EXTERNAL PRIVACY POLICY

Effective Date: May 25, 2018
Last Modified Date: May 23, 2018

Your Privacy

At Polycom, we are committed to respecting your privacy. We recognize that when you choose to provide us with information about yourself in connection with our Products and Services, you trust us to act in a responsible manner.

This Privacy Notice (also known as a "Privacy Policy" or "Fair Processing Notice") applies within the European Union, unless a country specific Notice applies. It is intended to comply with our obligations to provide you with information about our processing of your Personal Information under privacy laws where we are acting as a 'controller'. It describes the categories of Personal Information we may process, how your Personal Information may be processed and how your privacy is safeguarded in the course of our relationship with you.

For the majority of the Products and Services we are simply a processor, and separate Privacy Notices will therefore be provided by the relevant controller (i.e. our customers) in each case. Where we are the controller for a given Product or Service, we will provide you with a separate Privacy Notice in respect of that specific Product or Service.

  • The “Products” include the software and hardware we sell or license to our customers.  Unlike Services, our customers implement Products within their own infrastructure.
  • The “Services” means any website, mobile application, Internet service or hosted cloud service that we provide in connection with the provision of an online platform for Polycom’s services and other services provided by Polycom.
  • Personal Information” means any information describing or relating to an identified or identifiable individual. An identifiable individual 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 individual.

Who is responsible for your Personal Information?

Polycom (Netherlands) B.V. ("we" or "Polycom") will be the "controller" of your Personal Information. This means that we are responsible for deciding how your Personal Information is used, and for ensuring (in conjunction with other parties involved in the processing of your Personal Information, as explained in this Privacy Notice) that your Personal Information is handled in compliance with applicable data protection law. Please see Tell us your thoughts to find out how to contact us.

What information does Polycom collect?

In general, we collect Personal Information from you when you voluntarily provide it by: (1) providing information to us or our business partners in connection with a transaction or in furtherance of our business relationships; (2) registering products on our website or otherwise contacting us to obtain information relating to our products or our services; (3) signing up to enter a promotion, participate in an event or survey, receive newsletters or other literature; or (4) providing information when we (i.e. our customer service representatives or employees) contact you either at trade events or by other means such as email or phone.

In some cases we collect this information from you directly and we may also receive such information from our business partners (such as resellers) who may collect this information from you in the context of your business relationship with us and/or the business partner.

You can review the Product documentation for the specific Product you use to learn more about your choices with regard to Product data collection. 

In connection with these activities, we may collect various types of Personal Information for the purposes described in this Privacy Notice, including, but not limited to:

  • Basic sales information such as your name, business address, email address, telephone number, fax number, and other contact information, user name and/or password associated with the use of our Services, occupation, company name, name of position within company, the type of product you are seeking, the type and number of products you and your business purchase, and other information necessary to conduct business with you or which we, or our business partners may ask you to provide;
  • Technical information such as your browser type (e.g., Netscape or Internet Explorer), operating system (e.g., Windows or Macintosh), Internet service provider, IP address, websites visited, the domain name from which you accessed the Services (e.g., yahoo.com), how you use and interact with our Products (for example, we collect information about the related hardware, technical configurations, settings, licenses, versions), and meta-data about how you use the Product, (such as the length of usernames and passwords (but never the content)
  • Where you have provided your consent, our Services may use standard technologies, such as “cookies”, web beacons and other HTML tools, to collect information about how you use the Services or to record that you opened an email marketing message. Polycom may also use customized links or other similar technologies to track email links that you click. We may associate that information with your Personal Information in order to provide you more focused service communications. Please go to What are “cookies” and web beacons? below for more information.

Sensitive Personal Information

Polycom does not process any "Special Category Personal Data" (information information relating to such matters as racial or ethnic origin, religious beliefs, physical or mental health (including details of accommodations or adjustments), certain maternity/adoption information, trade union membership, sexual orientation, information regarding sexual life, biometric data used to identify an individual, genetic data.

To the extent permitted by applicable laws, Polycom may collect and process a limited amount of information relating to criminal convictions and offences (please see "How do we use this information?" below).

How do we use this information?

Polycom may use this information for general business purposes, in accordance with applicable laws.

Where applicable data protection laws require us to process your Personal Information on the basis of a specific lawful justification, we generally process your Personal Information under one of the following bases:

  • the processing is necessary in order for us to pursue our legitimate interests (being those purposes described below), except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of Personal Information;
  • the processing is necessary for compliance with a legal obligation to which we are subject; or
  • the processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into such a contract.

We may also rely on other bases (for example, where the processing is necessary in the performance of a task carried out in the public interest, or where the processing is necessary in order to protect your vital interests or those of another person, or where you have given your consent) on an exceptional basis, where none of the above are applicable.

We have identified the following purposes for processing Personal Information. These purposes each relate to a lawful basis for processing, as required under applicable law.  These purposes include:

No.

Purpose for processing

Lawful basis

1.        

To fulfil your requests for certain products and services.

Where you personally have a contract with Polycom to provide products and services, this processing is necessary to perform the contract between you and Polycom.

Where your company has a contract with Polycom to provide products and services, this processing is  necessary for the purpose of the legitimate interests pursued by Polycom.  

Polycom considers that it has a legitimate interest in providing its customers with the products and services they have asked for, and in complying with its obligations under the relevant contract, as sales help us to preserve our business operations or grow our business.

2.        

To conduct business with you (including obtaining and disclosing credit and billing information).

Where you personally are conducting business with Polycom, this processing is necessary to perform the contract between you and Polycom.

Where your company is conducting business with Polycom, this processing is necessary for the purpose of the legitimate interests pursued by Polycom.  

Polycom considers that it has a legitimate interest in conducting business with its customers, as this helps us to preserve our business operations or grow our business.

3.        

To correspond with you regarding orders, process a credit card order, or deliver a product.

Where you personally are conducting business with Polycom, this processing is necessary to perform the contract between you and Polycom.

Where your company is conducting business with Polycom, this processing is necessary for the purpose of the legitimate interests pursued by Polycom.  

Polycom considers that it has a legitimate interest in corresponding with customers as required to fulfil orders, as this helps us to preserve our business operations or grow our business.

4.        

To perform credit fraud screening services for transactions between you and us and/or others.

This processing is necessary for the purpose of the legitimate interests pursued by Polycom.  

Polycom considers that it has a legitimate interest in ensuring that we do not permit fraudulent transactions, to protect both ourselves, our customers and third parties.

5.        

To administer promotional offers, contests or other promotional events and notify winners.

Where you personally are entering competitions or taking part in promotional offers, this processing is necessary to perform the contract between you and Polycom.

Where it is your company that is doing this, the processing is necessary for the purpose of the legitimate interests pursued by Polycom.  

Polycom considers that it has a legitimate interest in administering promotional events and notifying winners as this improves customer relations, which is important to help us to preserve our business operations or grow our business.

6.        

To keep you up to date on the latest product and services announcements and to provide you with other information we think you would like to hear about either from us or from our Polycom business partners (although if you tell us that you do not wish to have this information used as a basis for further contact with you, we will respect your wishes),

This processing is necessary for the purpose of the legitimate interests pursued by Polycom.  

Polycom considers that it has a legitimate interest in ensuring that our customers are kept up to date with information about our products and services, as this helps us to preserve our business operations or grow our business.

However, where we are required by law to obtain your consent before sending you such information, we will rely upon such consent as our basis for processing.

7.        

To send you emails containing information about our products and services that we think may be of interest to you if you have indicated that you wish to receive such information by email.

This processing is necessary for the purpose of the legitimate interests pursued by Polycom.  

Polycom considers that it has a legitimate interest in ensuring that our customers are kept up to date with information about our products and services, as this helps us to preserve our business operations or grow our business.

However, where we are required by law to obtain your consent before sending you such information, we will rely upon such consent as our basis for processing.

8.        

To better understand your needs and provide you with better Products and Services.

This processing is necessary for the purpose of the legitimate interests pursued by Polycom.  

Polycom considers that it has a legitimate interest in ensuring that all customers receive the best possible experience, helping us to preserve our business operations or grow our business. Understanding our customers' needs is a vital part of ensuring a great customer experience..

9.        

To personalize your experience on our Services.

This processing is necessary for the purpose of the legitimate interests pursued by Polycom.

Polycom considers that it has a legitimate interest in ensuring that all customers receive the best possible experience, helping us to preserve our business operations or grow our business. Personalising our customers' experience helps us with this goal.

10.    

To conduct internal reviews of our Services and to help us better understand use of our Services,

This processing is necessary for the purpose of the legitimate interests pursued by Polycom.

Polycom considers that it has a legitimate interest in reviewing our Services, including how customers use our Services, in order to ensure that we are providing our customers with what they need, helping us to preserve our business operations or grow our business.

11.    

To help us improve the design and layout of our Services and provide content of interest to you.

This processing is necessary for the purpose of the legitimate interests pursued by Polycom.

Polycom considers that it has a legitimate interest in continually improving our services in order to preserve our business operations or grow our business, and ensuring that you are provided with information of relevant to you. 

12.    

To conduct internal Product reviews and to help us better understand how customers use our Products; and

This processing is necessary for the purpose of the legitimate interests pursued by Polycom.

Polycom considers that it has a legitimate interest in reviewing our Products in order to continually improve our Product offering in order to preserve our business operations or grow our business, and understanding how our customers use our Products is an important part of this.  

13.    

To help us improve the Products.

This processing is necessary for the purpose of the legitimate interests pursued by Polycom.

Polycom considers that it has a legitimate interest in improving our Product offering in order to preserve our business operations or grow our business.

14.    

To inform you about technical issues, or to notify you in the event of an incident such as a data breach.

This processing is necessary for the purpose of the legitimate interests pursued by Polycom.

Polycom considers that it has a legitimate interest in updating its customers on any incidents that may affect them, in order to maintain a good relationship with our customers.

Polycom may also in certain situations also have a legal obligation to provide you with such information.

15.    

Other purposes permitted by applicable laws, including legitimate interests pursued by Polycom where these are not overridden by the interests or fundamental rights and freedoms of staff.

 

 

Additional information regarding specific processing of Personal Information may be notified to you. If you do not provide us with your Personal Information, we may be unable to provide you with some or all of the Services: we will tell you at the time of collection whether provision of Personal Information is mandatory, and the potential consequences of refusing to provide it.

Sensitive Personal Information

As noted above, we do not process any Special Categories of Personal Data.

We will process Personal Information relating to criminal convictions and offences only where explicitly authorised by applicable laws, for example where we have a legal or regulatory requirement to report an offence or applicable laws authorise or require Polycom to process information about the offence for the purpose of making decisions regarding your relationship with Polycom, or to assess where a potential offence has occurred (for example, when we carry out anti-fraud checks on transactions).

Who do we disclose this information to?

We share your information with our business partners, service vendors, authorized third party agents and contractors, your organization’s account administrators, and Polycom affiliates for the purposes mentioned above. Other examples of third parties with whom your Personal Information may be shared include tax authorities, regulatory authorities, our insurers, IT administrators, lawyers, auditors, consultants and other professional advisers. 

Polycom expects such third parties to process any data disclosed to them in accordance with applicable law, including with respect to data confidentiality and security. Where these third parties act as a "data processor" (for example, our IT sub-contractors), they carry out their tasks on our behalf and upon our instructions for the above mentioned purposes. In this case your Personal Information will only be disclosed to these parties to the extent necessary to provide the required services.

Your data may also be transferred to third parties subject to confidentiality provisions in contemplation of or in connection with a reorganization, restructuring, merger, acquisition, transfer of assets or similar transaction.

In addition, we may, to the extent permitted by law, share personal data with legal, regulatory and national authorities in order to comply with a legal obligation to which we are subject. This is for example the case in the framework of imminent or pending legal proceedings or a statutory audit.

Polycom will not trade, sell or rent your Personal Information although we may disclose your information in connection with a sale or disposal of all or part of the Polycom business. Polycom may provide aggregate statistics about our customers, sales, traffic patterns, and related site information to reputable third-party vendors, but these statistics will not include any Personal Information.

International Transfers

Because Polycom operates globally your information may be transferred to other countries for any of the purposes described above. In particular we may transfer some of your information to be held and processed on our behalf for the abovementioned purposes by third parties in the United States and in other countries whose data protection laws may be less stringent than yours.

Where required by applicable data protection laws, we will ensure that appropriate or suitable safeguards are in place to protect your Personal Information, and that any transfer of your Personal Information is in compliance with applicable data protection laws. It is Polycom policy that where a country outside of the EU is not subject to an adequacy decision under Article 45 GDPR, then standard data protection clauses under Article 46(2) GDPR will be put in place.

You can obtain a copy of the relevant safeguard, where this is documented, by contacting privacy@polycom.com, although some details may be redacted for confidentiality reasons.

How does Polycom protect your information?

We take steps in accordance with good industry practice to protect the information we collect from unauthorized access, disclosure, alteration, or destruction. Polycom safeguards the security of the data you send us with physical, electronic, and managerial procedures and your Polycom account information is password-protected for your privacy and security. Access to your Personal Information will be limited to those with a legitimate basis to use the data (in connection with one or more of the purposes previously identified) - i.e. on a 'need to know' basis.

Please note that we are not in any way responsible for the security or content of, and this Privacy Notice does not cover the processing of your Personal Data by, any third-party websites, or products and services used in conjunction with Products and Services. It also does not cover the use of Products and Services for which we are acting as Processor: in these cases the relevant controller should provide you with an additional notice.

Storage of your Personal Information

We endeavour to ensure that Personal Information is kept as current as possible and that irrelevant or excessive data are deleted or made anonymous as soon as reasonably practicable. However, some Personal Information may be retained for varying time periods in order to comply with legal and regulatory obligations and for other legitimate business reasons.

We will generally retain your Personal Information only so long as it is required for purposes for which it was collected. This will usually be the period of your relationship with us plus the length of any applicable statutory limitation period following the end of such relationship, although some data may need to be kept for longer. We may keep some specific types of data, for example, tax records, for different periods of time, as required by applicable law.

We maintain a Record Retention Policy which we apply to records in our care. Where your Personal Information is no longer required we will ensure it is either securely deleted or stored in a way which means it can no longer be used by the business.

What are “cookies” and web beacons?

“Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive which enables us to recognize your computer when you return to our Services. A cookie file can contain information such as a user ID that may be used to track the pages you have visited on our Services. Our cookies enable us to provide you with a more personal service.

A web beacon is an electronic image, called a single-pixel (1x1) or clear GIF. Web beacons can recognize certain types of information on a user’s computer, such as a user’s cookie number, time and date of a page view, and a description of the page where the web beacon is placed. Some Web beacons may be unusable if you elect to reject their associated cookies.

If you prefer not to receive cookies while browsing our Services or via HTML-formatted emails, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser, although you may not be able to take full advantage of our Services if you do so.

Your Rights

Your right to Access, Update or Remove Your Information

You have the right to request access to any of your Personal Information that Polycom  may hold, and to request correction of any inaccurate data relating to you. You furthermore have the right to request deletion of any irrelevant data we hold about you.

If you would like to access or change any of your Personal Information which we hold please email us at privacy@polycom.com. You may also request the removal or correction of your Personal Information held by us by sending an email to the same address.

If you choose to remove your information, you should be aware that we may retain some Personal Information to the extent required to prevent fraud, resolve disputes, troubleshoot problems, enforce Polycom’s Services Terms and Conditions, respect your opt-out preferences, and comply with legal requirements as permitted by law.

Additional Rights

From 25 May 2018 you also have the following additional rights:

  • Data portability - where we are relying upon your consent or the fact that the processing is necessary for the performance of a contract to which you are party as the legal basis for processing, and that personal data is processed by automatic means, you have the right to receive all such personal data which you have provided to Polycom in a structured, commonly used and machine-readable format, and also to require us to transmit it to another controller where this is technically feasible.
  • Right to restriction of processing - you have the right to restrict our processing of your personal data where:

o   you contest the accuracy of the personal data until we have taken sufficient steps to correct or verify its accuracy;

o   where the processing is unlawful but you do not want us to erase the data;

o   where we no longer need the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims; or

o   where you have objected to processing justified on legitimate interest grounds (see below) pending verification as to whether Polycom has compelling legitimate grounds to continue processing.

Where personal data is subjected to restriction in this way we will only process it with your consent or for the establishment, exercise or defence of legal claims.

  • Right to withdraw consent - where we are relying on your consent to process data, you have the right to withdraw such consent at any time. You can do this by (i) in respect of email marketing relying on your consent (please see the table above), clicking the 'unsubscribe' link; or (ii) contacting privacy@polycom.com .
  • Right to object to processing justified on legitimate interest grounds - where we are relying upon legitimate interest to process data (see How do we use this information? above), then you have the right to object to that processing. If you object, we must stop that processing unless we can either demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or where we need to process the data for the establishment, exercise or defence of legal claims. Where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.

You also have the right to lodge a complaint with a supervisory authority, in particular in your country of residence, if you consider that the processing of your personal data infringes applicable law.

For further information regarding your rights, or to exercise any of your rights, please contact privacy@polycom.com.

 

Children and Privacy

We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Products or Services are directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at privacy@polycom.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.

Additional Privacy Notices and Updates

We may undertake certain processing of Personal Information which are subject to additional Privacy Notices (for example, in relation to specific Products or Services) and we or the relevant controller shall bring these to your attention where they engage.

Polycom may update this Notice from time to time: please check our site from time to time to ensure that you are aware of the most recent information. Where we make any material changes to our processing of Personal Information, you will be informed of these changes or made aware that we have updated this Notice so that you know which information we process and how we use this information.

How to contact us

Our goal is to respect your privacy. To help us improve our privacy policies, please give us your feedback. Please contact us if you have any questions regarding this Notice or if you would like more information regarding any processing of personal data undertaken by Polycom. We welcome your comments and questions.

You can contact us by:

  • sending a letter to          Data Privacy

                                                   Polycom (Netherlands) BV

                                                   Orlyplein 10

                                                   23rd floor
                                                   Amsterdam
                                                   1043 DP

If you are concerned that we have breached this policy or any applicable privacy laws, you may lodge a complaint by sending an email to privacy@polycom.com. Please provide us with specific details regarding your complaint together with any supporting evidence. We will investigate the issue and determine the steps that are needed to resolve your complaint appropriately. We will contact you if we require any additional information from you and will notify you in writing of the outcome of the investigation.

If you are not satisfied with our determination, you can contact us at privacy@polycom.com to discuss your concerns or contact your local privacy or data protection authority.

This notice was last updated and reviewed on 23 May 2018