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Privacy Notice

Accedian Networks Inc. and Subsidiaries Privacy Notice

Accedian Networks Inc., on behalf of itself and its subsidiaries (“us,” “we,” “our,” or “Accedian” and like terms) created this privacy notice (“Privacy Notice”) to explain how we collect and use your personal information.  This Privacy Notice applies to our website located at http://www.accedian.com/ and any other websites that are owned and operated by us (the “Site”) as well as in connection with products and services that are offered or operated by or for us (collectively, and together with the Site, the “Services”).

This Privacy Notice communicates our commitment to the protection of personal information to people who access and/or use our Services whether online or offline (“you” or “your” and like terms). The extent of the applicability of this Privacy Notice and our privacy practices may vary among the countries in which we operate to reflect local practices and legal requirements. 

BY ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING AND CONSENTING TO THE TERMS AND CONDITIONS IN THIS PRIVACY NOTICE AND TO ANY CHANGES IN EFFECT AT THE TIME OF USE.  IF YOU DO NOT AGREE WITH THIS PRIVACY NOTICE, PLEASE DO NOT CONTINUE TO USE ANY OF THE SERVICES OR PROVIDE ANY PERSONAL INFORMATION TO US.  PLEASE READ THIS PRIVACY NOTICE CAREFULLY TO UNDERSTAND OUR PERSONAL INFORMATION HANDLING PRACTICES.

This Privacy Notice is organized into the following sections in an FAQ format.  For access to a particular section, click on the question.

1. Does this Privacy Notice apply to you?

This Privacy Notice applies to the processing of your Personal Information by Accedian if you:

  • are a visitor and/or user of our Site;
  • apply for a job with us;
  • attend any of our events such as webinars and trade events;
  • are one of our business customers or prospective business customers or are one of its representatives;
  • use or otherwise benefit from any of our Services;
  • subscribe to any of our marketing materials; and/or
  • are an Accedian supplier or business partner or are one of its representatives.

2. What information do we collect?

2.1 Definition

Personal Information” means any piece, or combination, of information relating to an identified or identifiable natural, person which makes it possible to identify them.   Examples of information that could be considered Personal Information include: (i) contact data (such as your name, home address and personal e-mail addresses), (ii) demographic data (such as your age), or (iii) biographical information (such as date of birth).

2.2 Personal Information

  1. General.  Generally, you are not required to provide any Personal Information to simply browse our Site, however, we may collect your Personal Information: (i) when entered by you into forms or data fields on our web sites or online resources; (ii) when provided by you in person, by phone or email; and (iii) in certain cases, through other sources with legal basis.  The type of information we collect will depend upon the circumstances and may not even be considered Personal Information depending on where you live.  The types of information that we collect include:
    • Applicant Information:  if you apply for a job with one of our offices and/or make your profile available through employment agencies or sites.  In addition to general Personal Information such as name and contact information, you may be asked to provide your c.v. and references.
    • Partner Information: if you are or become a channel partner, such information could include your name, phone number, title and email address.
    • Contact Information:  that allows us to communicate with you.  Such information could include your name, job title, username, mailing address, telephone numbers, email address or other addresses that allow us to send you messages, company information and registration information.
    • Relationship Information: that helps us do business with you (including with the personnel of our customers, suppliers, partners and vendors), such as the types of products and services that may interest you, contact and product preferences, languages, creditworthiness and marketing preferences.
    • Transactional information: about how you interact with us, including purchases, inquiries, customer account information, order and contract information, delivery details, billing and financial data, details for taxes, transaction and correspondence history, and information about how you use and interact with our Site.
    • Security and Compliance Information: such as background and compliance checks, that helps us to secure our interests, including protecting our premises and conducting conflict checks, fraud prevention and internal verification.
    • Voluntary Information:  that you voluntarily provide to us through emails, social media sites, responses to surveys, online forms or similar vehicles.
    • Third Party Sourced Information:  such as from public databases and other third parties.  For example, to confirm your job experience if you apply for a position with us or to verify your professional credentials.
    • Endpoint Information: information related to your use of our Services that helps provide adequate support (such as IP addresses, operating systems, browsers and application history).
  2. Sensitive Personal Information.  Generally, Accedian does not collect or process sensitive Personal Information (such as financial information, health and medical conditions, sexual orientation or sexual life, political opinions/views, race/ethnic origin, religious and philosophical beliefs), unless you choose to provide it or when required by applicable laws, e.g. credit card information where payment is required.
  3. Third Party Personal Information.  If you submit any Personal Information relating to other people to us, you represent that you have the authority to do so and to permit us to use the Personal Information in accordance with this Privacy Notice.

2.3 Traffic Data

When you visit our Site, we automatically track and collect certain information, including: (i) IP address, (ii) domain server, (iii) type of computer, (iv) type of web browser; and (v) number of views (collectively “Traffic Data”). Traffic Data is helpful for marketing purposes or for improving your experience on the Site. For further details on what Traffic Data is collected, the purposes for the collection and how to disable the cookie function, please consult our cookie policy.

3. How are we responsible for Personal Information under our control?

3.1 Chief Privacy Officer

Accedian has established the office of Chief Privacy Officer to oversee its implementation of our Privacy Notice and address complaints about privacy, collection and use of Personal Information.

3.2 Employees

Safeguards are in place so that the Personal Information is not disclosed or shared more widely than is necessary to achieve the purpose for which it was gathered. The categories of employees who would have access to your Personal Information would depend upon the purpose for providing the information. For example, if you apply for a position through our careers website, your information would be shared with human resources but not marketing.

3.3 Third Parties

We may share your Personal Information with third parties, who are bound by law and by contract to protect your Personal Information and are only authorized to use your Personal Information in accordance with our instructions.

4. Do we have a legal basis for collecting your Personal Information?

4.1 Definition.

“Legal Basis” means the lawful grounds required for Accedian to collect and process
your personal information.

4.2 Consent

Consent is our primary legal basis for collecting, using, disclosing or otherwise processing your personal information. The type of consent we obtain will depend on the circumstances and on the applicable laws where you reside. Depending on the situation, it may be reasonable to imply a consent from your actions. We may ask for your express consent when applicable laws so require. Demonstrating express consent includes when you verbally consent, sign a document, or tick a box affirming your consent.

4.3 Other Legal Basis

Sometimes it may not be possible or may be inappropriate to obtain your consent, and in those cases, we may collect, use or disclose or otherwise process your Personal Information without your consent provided another legal basis permits it. For example: (a) if it is clearly in your interests (such as a medical emergency or a threat to your safety); (b) to comply with a warrant or other court order; (c) to collect a debt; (d) to investigate the breach of an agreement or applicable law; or (e) as otherwise legally required or permitted.

5. How do we use the information that we collect?

5.1 Personal Information

Accedian identifies the purposes for which Personal Information is collected at or before the time the information is collected. The general purposes for and the type of Personal Information collected will depend upon the circumstances, but they are:

  • to perform our contract with you;
  • for our legitimate interests, which are our usual business activities including sending you marketing materials where you have opted in to receiving them;
  • as required or permitted by applicable laws;
  • to protect the vital interests of a person, where required, and to the extent of applicable law; and
  • for any additional purposes that we advise you of and where your consent has been obtained (if so required by applicable laws).

To illustrate, we use your Personal Information:

a. To allow us to use or benefit from our Services and related activities: and to establish and maintain business relationships with you, our suppliers and our service providers; provide customer service and assist in troubleshooting, account and billing management, support and training, product updates and to provide other services related to your purchase;

b. To consider you for employment: if you submit Personal Information to apply for a position with us, to determine your eligibility, including to confirm your references, qualifications and employment history;

c. To manage our contractual obligations and your ongoing relationship with us, including interacting with you, providing access and services to our customers and channel partners through our portal, analyzing and improving the products and services we offer and informing you about our products or services;

d. To develop or enhance marketing activities: including planning and hosting webinars and subject to your consent (where required by applicable laws), identifying and offering additional services, products, promotions and other communications in which you may be interested (e.g., company newsletters, surveys or emails) about Accedian and our products or events, as necessary for our legitimate interest in conducting direct marketing;

e. To manage our everyday business needs, such as for our internal account management, client reporting, contract management, website administration, business continuity and disaster recovery, security and fraud prevention, corporate governance, reporting and legal compliance; and

f. To monitor your interest and display content according to your preferences as
detailed in our cookie policy; and

g. As otherwise authorized by you.

6. To whom is your Personal Information disclosed?

6.1 Personal Information

Accedian transfers Personal Information to our affiliates in the Accedian corporate group, our partners and our service providers who need to have access to such Personal Information. Such third parties only have access to the Personal Information that is necessary for them to perform the services they provide at our request and for the purposes set out in this Privacy Notice, for legitimate purposes or as otherwise consented by you. Personal Information can be shared:

a. for IT and system administration, support and hosting, research, analytics, marketing and cloud storage;

b. to assist us with employment and recruitment services (e.g. where you have applied to us);

c. if you use certain features in connection with our products and services;

d. if you attend one of our events which will be co-hosted or co-partnered with another organization (e.g. contact information may be shared with our webinar suppliers or with organizations with whom we partner for a tradeshow);

e. in the event of a reorganization, restructuring, or a change of ownership or control, including, a merger or an acquisition of any or all of our business assets;

f. pursuant to applicable law or in response to a subpoena or an order of a court or government agency, such as when needed to enforce our rights, protect our property, or protect the rights, property or safety of others, or support external auditing, compliance and corporate governance functions; and/or

g. as otherwise permitted or required pursuant to this Privacy Notice, applicable laws or with your consent.

Except as stated above, or unless otherwise stated in this Privacy Notice or at the time of collection, our policy is that we will not sell, rent, share, or authorize any third party to use your Personal Information without your consent or other legal basis.

6.2 Traffic Data

Non-personal information is provided to our affiliates and our suppliers for processing to fulfill the purposes set out in this Privacy Notice or as otherwise consented by you. We may share information about our user audience in aggregate or de-identified form. For example, to track the number of views of a video on our Site and similar analytics. For details on the purposes for the collection of non-personal information, please consult our cookie policy.

7. Where is Personal Information stored and/or processed?

Accedian is based in Canada and operates a global business with affiliates and service providers located around the world. To facilitate our global operations, your Personal Information may be transferred to, stored at or processed in other countries, including the United States, European Union and other countries, which may not have equivalent privacy or data protection laws. However, regardless of where your Personal Information is transferred, we will protect it in accordance with this Privacy Notice and applicable laws. By providing us with your Personal Information and continuing to access and/or use the Services, you consent to the transfer of your Personal Information outside of your country of residence (including to Canada, the European Union or United States) should such transfer be necessary for any processing described in this Privacy Notice.

8. What are your rights and choices regarding your personal information?

You may restrict the amount and type of Personal Information that Accedian receives about you simply by choosing not to provide your Personal Information to us. However, some of our Services can only be provided to you if you provide us with a minimum amount of Personal Information. Other parts of our Services may ask whether you wish to opt into our contact lists for surveys and additional services that may be of interest to you.  Depending on your country of residence, you may have the right or choice to:

  • Access your Personal Information, which means that you can ask us to provide you information regarding the Personal Information we have about you. You can even ask for a copy of your Personal Information. However, depending on your country of residence, you may need to specify for which processing activities you would like to have access to your Personal Information. If you make the same request repeatedly, clearly causing us nuisance, we are allowed to refuse granting you these subsequent requests or charge an administrative fee covering the expenses. We can also refuse granting you a right to access your Personal Information, or only grant it partially, if such access would risk disproportional detriment to the rights and freedoms of others, including our own;
  • Rectify or update your inaccurate or out-of-date Personal Information, when this is proven by you;
  • Request erasure of your Personal Information, if it is no longer needed for the purposes for which we collected it in the first place, if our collection was illegitimate or if you have successfully exercised your right to withdraw your consent or your right to object to the processing of your Personal Information. When one of these circumstances applies, we will immediately delete your Personal Information unless the law, regulatory obligations or administrative or judicial orders prohibit us from deleting it;
  • Restrict processing of your Personal Information: 
    • during the time we are assessing your request for correction of your Personal Information, or your objection to the processing of your Personal Information;
    • when we no longer need your Personal Information, but you require them for the establishment, exercise or defence of a legal claim;
    • when such processing was unlawful but you prefer restriction to erasure;
  • Object to processing of your Personal Information, when the processing is based on our legitimate interests. When our interest relates to direct marketing, we will grant you your request immediately. For other interests, e.g. our security interests, we will ask you to describe the specific circumstances giving rise to the request. We then need to balance your circumstances against our interests. If this balancing exercise results in your circumstances outweighing our interests, we will cease processing your Personal Information.
  • Exercise the right to data portability.  In certain circumstances, you have the right to ask us to transfer some of your Personal Information directly to you or to another company. This applies to Personal Information we process by electronic means and with your consent or on the basis of a contract with you. Where technically feasible, we will transfer your Personal Information;
  • Withdraw any consent provided or opt-out of some collection or uses of your Personal Information.  When data is processed by us on the basis of consent, for example for the use of cookies and similar technologies or the use of your Personal Information for marketing purposes, you can revoke your consent. Note that any withdrawal of consent to use your Personal Information will be effective as of the date of withdrawal but will have no retroactive effect.  However, in certain circumstances, withdrawing your consent or opting out could mean that you may no longer be able to receive certain Services;
  • Where applicable, lodge a complaint with us.  Once Accedian receives your complaint, we will promptly initiate an inquiry and respond to it in writing. If you believe that we have not been able to respond to your complaint, you may have the right to lodge a complaint with the competent supervisory authority if you are a resident in certain jurisdictions (e.g. Canada or the European Union).

To exercise any of your rights above, please contact us.

 We will promptly inform you of having received your request. Note that the rights set out above are not absolute and depend upon where you reside.  There are instances where applicable law or regulatory requirements allow or require us to refuse your request to exercise a particular right or choice.  In the event that we decline your request, we will inform you of the reasons why, subject to any legal or regulatory restrictions. We will respond to your request as soon as reasonably possible and at the latest thirty (30) days after having received the request.

9. Will we send you e-mail or other commercial electronic messages?

CASL.

We are committed to ensuring that you only receive the commercial electronic messages (including emails) (“CEM”) that you want from us. We will obtain your consent prior to sending such messages, unless applicable laws, such as Canada’s Anti-Spam Legislation (“CASL”) provides for an exemption. Exemptions include where:

  1. you are a business and we have a pre-existing business relationship with you;
  2. we are responding to your requests, inquiries or complaints; or
  3. we are complying with our legal obligations (including sending you legally required notices).

CEM Practices.

Below is a description of how Accedian generally uses CEMs to communicate with you.

  1. We reserve the right to send you an e-mail or SMS text messages relating to confirmations, notifications about changes to the Site, and/or to our Privacy Notice or Site terms and conditions, and similar transactional communications. You are not able to opt out of receiving these messages.
  2. From time to time we may send you e-mail or SMS text messages about products, services, and opportunities that we think may be interesting to you. If you do not wish to receive these communications, you can use the “unsubscribe” feature in each such email or message.
  3. If you contact us by e-mail, we will use your e-mail address to respond to you. If possible, try to avoid sending us any Personal Information. Please exercise caution in disclosing Personal Information and send us only the minimum amount of Personal Information necessary to address your inquiry, as email sent over the internet is not necessarily secure.
  4. Accedian does not share, sell, rent, swap or authorize any third party to use your e-mail address for commercial purposes without your permission. If you believe that you have received an e-mail from us in error, please contact us.

If you do not wish to receive information and promotional material from us you may update your subscription preferences, by contacting [email protected] or [email protected].

10. How do we protect your Personal Information?

Accedian is committed to applying the appropriate technical, physical and administrative controls with the intention of safeguarding the security of your Personal Information. In certain situations, we provide you with the capability to transmit your Personal Information via secured and encrypted channels if you use a similarly equipped web browser. Unfortunately, no control or procedure can be 100% effective, and so we cannot guarantee that your Personal Information will not be accessed, disclosed, altered, or destroyed by breach of any of our safeguards and we make no representations as to the reasonableness, efficacy, or appropriateness of the control or procedure we use to safeguard such data. If there is a data breach affecting your Personal Information, Accedian will promptly notify you and the relevant regulatory authorities within the appropriate delays when we determine that it is necessary in accordance with applicable legislation.

Mitigating risks requires your cooperation as well – including submitting only the minimum Personal Information necessary for Accedian to fulfill the purpose for its collection and implementing the proper safeguards on your end (e.g. strong passwords, installing anti-virus ware, avoiding phishing attempts, etc.) Where Accedian believes that there can be a residual risk of significant harm despite the measures we implement, we will inform you of such risks at the time of collection.

11. Do we collect Personal Information from children?

Our Services do not intentionally collect any Personal Information from children. Should a child whom we know to be under 16 makes known to us his or her Personal Information, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her Personal Information. Should the processing of your child’s Personal Information without legal basis be brought to your attention as a parent or guardian, please contact us at [email protected]

12. How long do we keep your Personal Information?

Your Personal Information will be retained as long as necessary to achieve the purpose for which it was collected. The retention period may vary based on the amount, nature and sensitivity of your Personal Information, the potential risk of harm from unauthorized use or disclosure or the pertinent legal requirements. Once Personal Information is no longer reasonably necessary or relevant for the identified purposes, or required by law to be retained, your Personal Information will be destroyed, erased or de-identified.

13. How may we update or change this Privacy Notice?

Accedian reserves the right to change this Privacy Notice at any time. Any such changes will be posted on this page so that you are kept current of our privacy practices and the effective date of the revised Privacy Notice will be set out in the revised Privacy Notice. Please check back from time to time to ensure you are aware of the current Privacy Notice.

14. How does this privacy notice apply to me as a resident of the European Union?

The processing of personal data of data subjects within the European Union is subject to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”).

The GDPR obliges data controllers to indicate for every processing activity, the type of data collected, the purpose thereof and the legal basis. When using our Services or communicating with us in person, by phone or e-mail, the types of personal information collected by us, are collected for the following purposes and on the basis of the following legal grounds:

Type of Personal Information Purpose(s) Legal Basis
Contact Information, the content of your communication and the technical details of the communication itself To communicate with you
  • Our legitimate interest to be able to respond to requests, questions or remarks; or
  • To contact you proactively for inquiries of whatever kind
Contact information To develop or enhance marketing activities (e.g. planning and hosting seminars)
  • Your consent, unless you are an existing client who we wish to keep informed of our services
Traffic Data and browsing behaviour To improve the content of and your experience on our Site and social media channels
  • Our legitimate interest to offer our visitors an interesting online space; or
  • Your consent should the underlying purpose be marketing (e.g. customizing certain features of the Site to deliver content in the most effective manner or showing you content that might interest you and in accordance with your preferences)
Security and Compliance information To secure our interests, including protecting our premises and conducting conflict checks, fraud prevention and internal verification and detect and prevent malware, illegal content and behaviour and other types of misuse
  • Our legitimate interest to keep our online presence safe and business
    relations compliant
Applicant Information and Third-Party Sourced information To consider you for employment
  • The necessity of processing your personal data in order to come to a potential agreement with you
To defend ourselves in legal proceedings
  • Our legitimate interest to use your personal data in these proceedings
To keep you in our recruitment reserve
  • Your consent
Partner Information, Relationship Information and transactional information To provide you with our Services
  • The necessity of processing your Personal Information for executing and performing the contract we have with you, if you as an individual are our client or supplier; or
  • Our legitimate interest to be able to contract with clients and suppliers when processing your personal data if you act on behalf of a company or other legal entity
To establish and maintain business relationships with you, our suppliers and our service providers
  • Our legitimate interest to manage our business responsibly and professionally
To manage our contractual obligations and your ongoing relationship with us
  • The necessity of processing your Personal Information for executing and performing the contract we have with you, if you as an individual are our client or supplier; or
  • Our legitimate interest to be able to contract with clients and suppliers when processing your personal data if you act on behalf of a company or other legal entity
To manage our everyday business needs
  • Our legitimate interest to manage our business responsibly and professionally
To defend ourselves in legal proceedings
  • Our legitimate interest to use your Personal Information in these proceedings
Information legally required by applicable laws To comply with legal obligations or to comply with any reasonable request from competent law enforcement agents or representatives, judicial authorities, governmental agencies or bodies, including competent data protection authorities
  • Complying with our legal obligations
To inform a third party in the context of a possible merger with, acquisition from/by or demerger by that third party, even if that third party is located outside the EU
  • Our legitimate interest to engage in corporate transactions
Endpoints Information To allow you to use and benefit from our Services
  • The necessity of processing your Personal Information for executing and performing the contract we have with you, if you as an individual are our client or supplier; or
  • Our legitimate interest to track our solutions performance in order to provide adequate support and assistance to users of our Services;

 

If your Personal Information is transferred outside of the European Economic Area, Area (“EEA”)
or your country of residence as applicable by law, we will make sure that the entity that processes your Personal Information is bound to observe adequate safeguards with regard to the processing. For Personal Information transferred outside of
the EEA, these safeguards will be the consequence of:

  • the recipient country having legislation in place which may be considered equivalent to the protection offered within the EEA or;
  • standard contractual clauses, as drafted by the European Commission, between us and the entity.

What is stipulated on the protection of your personal data and the guarantee thereof, will in no way imply that we exonerate ourselves from our responsibility to you as a data subject for any liability incurred as a result of our processing of your personal data.

15. How can you contact us?

Accedian Networks Inc.
2351 Boulevard Alfred Nobel, Suite N-410, Saint-Laurent, QC H4S 2A9, Canada

Accedian has established the office of the Chief Privacy Officer to oversee its implementation of the Privacy Notice and address any concerns about the handling of your Personal Information.  The contact information for our Chief Privacy Officer is as follows:

Chief Privacy Officer

Accedian Networks Inc.
2351 Boulevard Alfred Nobel, Suite N-410, Saint-Laurent, QC H4S 2A9, Canada

Tel: +1.514.331.6181

Toll Free: +1 866-685-8181

Email:  [email protected]



Last Updated:  2023-09-20

© Accedian Networks Inc. 2023