METROSWITCH PRIVACY POLICY
JANUARY 2018

MetroSwitch Technologies, Inc. (“MetroSwitch,” or “we” or “us”) has adopted this Privacy Policy as of January 2018.

METROSWITCH RESERVES THE RIGHT TO MODIFY THIS PRIVACY POLICY AT ANY TIME WITHOUT NOTICE.  THEREFORE, IT IS IMPORTANT FOR YOU TO REVIEW THIS PRIVACY POLICY FROM TIME TO TIME TO BECOME AWARE OF ANY MODIFICATIONS.  METROSWITCH WILL NOTE THE DATES OF EACH VERSION, WHICH WILL BE RETAINED IN ITS ARCHIVES AT www.metroswitch.com/legal/archives.

MetroSwitch is committed to respecting your privacy and safeguarding your personal or sensitive information. This Privacy Policy is provided to inform you about what we collect, and how we use and protect the information you share with us.  If you have questions, comments or concerns about this Privacy Policy, about our website, services, products or about our company in general, please contact us as indicated below.  This Privacy Policy is part of any MetroSwitch agreement for the purchase of its services and products and governs information that we obtain through any MetroSwitch website (“Site”).

Who does this privacy policy apply to?

The MetroSwitch Privacy Policy applies to Customers and End Users who access and use any Site as well as those who use and/or purchase services or products offered by MetroSwitch or through affiliated companies with which we, directly or indirectly, share common or partial ownership or have a contractual relationship.

What type of information is collected?

We collect information, including, but not limited to, that  which you provide on a voluntary basis when you use the Site or purchase our services or products.  This may include:

• Personal Information. We may collect your email addresses, postal addresses, phone numbers, employee names, usernames, information about the type of service required, marketing preferences, job titles, and any communications, inquiries, contact or other information you choose to provide during your use of the Services.  When you provide personal information, we will only use this information for the specific reason for which it is provided. If you would like to request that your personal information be removed from our database, please contact our Customer Service department.
• Customer Proprietary Network Information is personal information generated in connection with telecommunications services, such as call details, call location information, and some information about rate plans and features.  CPNI does not include your name, address, or phone number.
• Transactional Information (including Services purchased). We may collect information that enables us to bill you, or to provide you with credit, or to enable appropriate handling of tax matters.  Such data could include your Social Security Number, Tax identification Number (TIN) and Credit Card information.
• Performance and Diagnostic Data. We may collect performance and diagnostic data about your use of the MetroSwitch products or services such as traffic data about the communications that take place through our platform. This enables us to transmit those communications effectively and efficiently.  We may collect network monitoring data to enable us to maintain the security and agility of our internal networks.  We may collect log data about you when they use the Services or any Site including Internet Protocol ("IP") address, Internet Service Provider ("ISP"), browser type, referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the Site.  Some of the information that we collect may be stored in the Cloud.
• Third Party Information. We may collect information about you from third parties, such as publicly available resources, which we may use to reach out to you to provide you with information about our services and products.

Do you use passive means to collect information?

We may also collect information about you by using cookies, web beacons or similar technologies when you visit our Sites or access the Internet through our services or products.  Examples of the types of information collected could include: IP address, browser type, date, and time and Web page(s) visited.

How do we use the information that we collect?

We may use the information we collect from you for a range of legitimate and functional purposes that enable our ability to operate. We may use this information to:

• Manage, administer, operate, protect and maintain the Site and our products and services;
• Process and complete billing and payment transactions;
• Improve your use of the Site or our products and services;
• Provide customer service and support;
• Investigate and prevent fraudulent and illegal activities such as unauthorized access to the Site;
• More effectively market our services and products based upon aggregate analysis;
• To ascertain specific customers’ needs in order to personalize our messages to customers;
• Respond more easily to your inquiries and requests for information or access to resources; and
• Send you technical alerts, updates, security notifications, and administrative communications.

Do you share the information that you collect with third parties?

Information about our customers is an important part of our business, and we are not in the business of selling it to others.  When we employ contractors to provide services on our behalf, we require them to maintain personal information as confidential, and to only use it on our behalf.  MetroSwitch may need to share the information we collect, for legitimate reasons, with a limited number of third parties, including:

• Any parent, affiliate or subsidiary of MetroSwitch;
• Business partners, contractors, vendors, and authorized third party agents, to:
  • Operate, deliver, improve and customize our services and products;
  • Provide support and technical services;
  • Provide marketing and other promotional communications to customers;
  • Respond to requests from law enforcement agencies, regulatory or governmental bodies, or other third parties to comply with any legal obligation; protect or defend our rights, interests or property or that of third parties; prevent or investigate wrongdoing in connection with the Site or our services and products;
  • Facilitate any prospective or actual, sale, merger, acquisition, financing or reorganization of our business.

How long do you retain the information that you collect?

We will retain the information that we collect for no longer than is necessary to fulfill the purposes for which the information was originally collected unless a longer retention period is required or permitted by law, for legal, tax or regulatory reasons, or other legitimate and lawful business purposes.  Where we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it.

Do You honor Do Not Track Requests?

No.

Does this Privacy Policy apply to other websites accessible through your Site?

No.  We may in some cases include links on our Site to third party websites.  In these cases, we are not responsible for such third parties’ privacy practices or content, and we recommend that you review their privacy policies to understand their privacy and information collection practices.

What are my privacy rights?

1. For EU residents. If you are a resident of a European Union country (“EU”) contacting us from the EU, we need your express consent before we can collect information from you from a Site.  You will be asked to provide clear and unequivocal affirmative consent to the collection, processing and sharing of your information via cookies and similar technologies.  Upon login to a Site we ask any visitor to tell us if he or she is contacting us from the EU so that we may provide appropriate protection and treatment of your user information consistent with the GDRP.[1]  Please click here to help us do that.  If you do not give us the permission we request, then your use of a Site will be restricted to areas that do not require login information to access.  You can withdraw your consent at any time, but this will not affect the lawfulness of any processing of information you provided prior to your withdrawal, or conducted in reliance on lawful processing grounds other than consent.

In addition, if you are an EU resident you have the right to review, update, correct or delete information we have collected about you from our records at no cost to you.  We will respond to your request within 30 days.  To do so please contact our Customer Service department.  You also have the right to complain to your local data protection authority at any time.

2. California Privacy Rights. California Civil Code Section 1798 entitles California customers to request information concerning whether a business has disclosed Personal Information to any third parties for the third parties’ direct marketing purposes.  As a private individual you may have the right to receive a free, yearly accounting of:

• information identifying each third party company to whom we may have disclosed, within the past year, personal information pertaining to you for our direct marketing purposes; and
• a description of the categories of personal information disclosed.

If you are a California resident who qualifies to receive such an accounting and would like to make one, please email privacy@metroswitch.com

3. Children’s Privacy. MetroSwitch does not provide products or services designed for use by children under the age of 16, or knowingly collect personal information from or about children under the age of 16.

4. Opt-out rights. You may, at any time, opt out from receiving our emails or other communications by using the “Unsubscribe” link at the bottom of our communications.

How do you protect the security of the information that you collect?

MetroSwitch cares about the protection of the information that you provide to us.  We use industry standard technology to do so, in addition to limiting its dissemination to third parties who have a need to know.  Of course, no one can guarantee that any data transmission on the Internet will be totally secure.  It is important for you to protect against unauthorized access to your password and to your computer.  Whenever you are using a shared computer, be sure to sign off from the Site once you have finished using it.  We do store, in a secure format, personally identifiable information that you provide to us electronically on servers located in the United States.  If you are concerned that your privacy may have been breached, please contact us immediately as provided below.

How do I contact MetroSwitch?

If you have any questions, comments or concerns about this Privacy Policy please contact Customer Service or write to:

MetroSwitch Technologies, Inc.

Attn: Legal Department

2685 Park Center Drive, Bldg. A

Simi Valley, California 93065

[1] This Privacy Policy is intended to comply with Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 (“General Data Protection Regulation” or “GDPR”). Under Article 6 of the GDPR we will not process the information that you give to us without a lawful basis, such as  your consent or entry into another contract with us that allows us to use your information. However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms.