Privacy Policy

Last Updated: February 2024

Masergy Communications, Inc. (hereinafter referred to as “Masergy,” “we,” “us,” or “our”) is dedicated to providing software defined networking services to our customers. The purpose of this Privacy Policy is to inform users of our services about how we collect, use, disclose, retain, and protect the information that we receive from or about the users of our services. We ask that you read the following carefully to understand our approach and practices regarding data we collect. For purposes of this Privacy Notice, “Personal Information” is any information relating to an identified or identifiable natural person.

If you are a California resident, see the section “California Residents: Your California Privacy Rights” for our Notice at Collection and information provided pursuant to California law.

For further information on how we process your Personal Information, please use the links below to jump to the listed section:

• Notice at Collection
• Personal Information We Collect And How We Collect It
• How We Use the Personal Information We Collect
• How We Share and Transfer Personal Information
• Your Rights and Choices
• Data Security
• Customer Proprietary Network Information (CPNI)
• Third Party Links
• Children’s Privacy Commitment
• Updates to Our Privacy Notice
• How to Contact Us

Notice at Collection

We want users of our services to know the following regarding our data collection, use, and disclosure of Personal Information in the past twelve months:

Masergy will keep your Personal Information for the time period necessary to achieve the purposes outlined in this Privacy Notice, taking into account applicable statute of limitation periods and records retention requirements under applicable law. Subject to applicable law, we will retain Personal Information as required by the company to meet our business and compliance obligations, for example, to comply with our tax and accounting obligations. If you are a California resident, see the California Privacy Rights section of this Privacy Policy for information about your rights pursuant to California law.

Personal Information We Collect And How We Collect It

Personal Information you provide directly to us. You may provide your Personal Information in a variety of situations, including information that you provide directly to us on https://masergy.com/ (“Site”), when you sign up for a Masergy account, contact us, sign up to receive communications from us, request a free consultation on our site, purchase a product or service, submit a customer service request, provide us feedback or survey responses, or otherwise use any of our services. Personal Information you provide may include:

• Identifiers and contact information, such as your first and last name, company name, title, and department, e-mail address, street or mailing address, telephone number, whether you are a current or prospective customer, product or service information and the type for your question or comment;
• Masergy account information, including your user name, account number, and password;
• Voice recordings from calls that may be recorded with your consent and voicemail messages that you leave with us;
• Information from your employer, if they provide us certain details to assist in the configuration of the services or to create a user account for you;
• Billing and payment information;
• Your general location (country, city, and state), using your ZIP code and IP address;
• Inferences about you, based on your preferences and characteristics;
• Other information that you submit, post, or otherwise choose to share with us;
• Your employee names, extension numbers, direct inward dials, and e-mail addresses which are used to configure and maintain the Masergy system;
• All data that may be collected using cookies or other technology when you use, access or interact with us via our Site or other online services that we provide.

In addition, you may choose to submit information to us via several other methods, including: (i) in response to marketing or other communications; (ii) through social media; (iii) by signing up for a product or service; (iv) through participation in an offer, program or promotion; (v) in connection with an actual or potential business relationship with us; or (vi) by giving us your business card at a trade show or other event.

Data collected passively. Masergy, our business partners, and our service providers may use technologies that passively collect device, Internet, and network activity data, as well as other Personal Information, including information about how you interact with our services, emails, advertising, and content (“Usage Data”). Usage Data may include: (i) your device ID and IP address, which is a unique set of numbers assigned to your computer by your Internet Service Provider (“ISP”); (ii) the type of browser and operating system you use; (iii) your device identifiers, MAC address, and the IP address of your home router; and (iv) the physical location of your device (as determined, for example, using satellite, cell phone tower, and WiFi signals). Some of this information may be considered “sensitive” under the laws of certain jurisdictions. For example, we may have limited access, on a random or infrequent basis, to information that customers provide in the course of using our communication services, which may include health-related information.

We may collect other data about your online session, such as the URL you came from to get to our services and the date and time you visited our services, the sites you visit when you leave us, and the method you used to browse away from the page. We may also collect and record Services interaction information and other electronic communications and content from your use of the services. This might include the date, time, and location of your visit; the areas of the services you visit and for how long; what search terms, contact information, or other data you enter; and the products, content, or links you view and click.

Our services use certain tracking technologies to collect Personal Information, including Usage Data. We may combine Usage Data with other Personal Information we have about you. We may allow third parties to collect and combine information on our services this way.

The technologies used to collect Usage Data include but are not limited to:

• Cookies. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies to improve your experience on our services, such as to allow you to return to the services more easily, save your language preferences, or target advertising to you. We use both session ID cookies and persistent cookies:
  • A session ID cookie expires when you close your browser. For example, we use session cookies to make it easier for you to navigate our services.
  • A persistent cookie remains on your device for an extended period of time. For example, we set a persistent cookie to store your account settings so we can identify you the next time you visit or enable some functions on our services. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our services
• Web Beacons. Web beacons (also known as “clear GIFs” or “tracking pixels”) are tiny electronic image files that can be embedded within a web page or included in an e-mail message, and are usually invisible to the human eye. When used in our web pages, web beacons may tell us such things as: how many people are visiting our services, whether they are one-time or repeat visitors, which pages they viewed and for how long, how well certain online advertising campaigns are converting, and other similar usage data. When used in our e-mail communications, web beacons can tell us information such as how you interact with the e-mail, when and whether the time an e-mail was opened, if and how many times it was forwarded, and what links users click within the e-mail. Based on this information, we can adjust the content, products, services, and promotions we provide you to better meet your interests, and make you aware of Masergy products, services, and offers in which you may be interested.

These tools may be used to target ads based on your interests and provide measurement services. For more information, see the “How We Use the Personal Information We Collect” and “Your Privacy Rights and Choices” sections below. California residents can learn more about how to manage cookie certain preferences for these tools by clicking on the Your Privacy Choices link in the footer of the Site. Your Internet browser may also provide you with the ability to delete cookies. If you limit or reject cookies, your ability to use our services may be limited.

Information provided from other parties. We may receive Personal Information about you from our vendors and other third-party sources, including commercially-available sources, social media platforms, and providers of third-party products or services. We may combine Personal Information we receive from third parties with other Personal Information that we have collected.

Other information. We may de-identify or aggregate Personal Information, including Usage Data, to create “Other Data.” We use Other Data for a variety of purposes, including to understand our customers and improve our products and services.

How We Use the Personal Information We Collect

Personal Information. We use Personal Information that you provide to us to provide you with content, products, and services. Any time you submit Personal Information for a specific purpose using the Services, your Personal Information is used for that purpose only, unless you consent otherwise or as required by law. In addition, we use the Personal Information you provide on our services in the following ways:

• Operate, evaluate, and improve our products and business;
• Develop new products, services and solutions;
• Perform market research;
• Advertise and market our products and solutions;
• Determine the effectiveness of our advertising and marketing;
• Analyze our products and services and our services;
• Improve our security and administer our services.

When we collect your business contact details through our participation at trade shows or other events, we use the information to follow-up with you regarding an event, send you information that you have requested on our products and services and, with your permission where required by applicable law, include you on our marketing information campaigns.

Where we have a contract with you, we process your Personal Information as necessary to perform our contractual relationship with you, provide our products and professional services and manage our customer relationship.

We may also use the Personal Information we collect to protect Masergy or the rights of a third party to detect and prevent fraud, claims, and other liabilities and to comply with or enforce applicable legal requirements, industry standards, and our policies and terms. We use Personal Information for these purposes when it is necessary to protect, exercise or defend our (and others) legal rights, or when we are required to do so by a law that applies to us.

If we plan to use the Personal information that you provide to use for any other purpose, we will provide an additional privacy notice to you to describe the purposes for which we will use the Personal Information and our legal basis for doing so.

Other Data. We may use Other Data for any purpose, unless prohibited by law. Where Other Data is combined with Personal Information, we will treat this combined information as Personal Information as long as it stays combined.

Interest-Based Advertising. When you visit our services, both we and certain third parties collect information about your online activities to provide you with advertising about products and services tailored to your individual interests. You may see certain ads on other websites because we participate in advertising networks administered by third-parties. These networks track your online activities over time and across different sites by collecting information through automated means, including through the use of third party advertising cookies and pixel tags. The networks use this information to show you advertisements that are tailored to your individual interests. The information our ad network vendors collect includes information about your visit to our services, such as the pages you have viewed. This process also helps us track the effectiveness of our marketing efforts.

Learn more about how to manage certain preferences for certain tracking tools by reviewing the “Your Privacy Rights and Choices” section below. California residents can also learn more about how to manage cookie certain preferences for these tools by clicking on the Your Privacy Choices link in the footer of the Site. Your Internet browser may also provide you with the ability to delete cookies. If you limit or reject cookies, your ability to use our services may be limited.

How We Share and Transfer Personal Information

We may share Other Data with other parties for any purpose, unless prohibited by law. We may also share your Personal information in the following circumstances:

• With Our Service Providers and Vendors. We may share your Personal Information with our service providers and vendors to allow them to provide services (such as data analysis, marketing, surveys, data hosting, information technology, payment or loan processing, customer support, advertising services, email delivery, and auditing).
• With Business, Social Platforms, and Advertising Partners. We may share your Personal Information with companies that market or provide products and services on our behalf, unless you opt out from our marketing communications or, where otherwise required by law, when you have consented. If you choose to log into a Masergy account through a social networking or authentication service, Masergy and that service may share certain information with each other about you and your activities. Cookies and tracking technologies may be used on our services, which allows us and advertising networks, social media companies, and other providers to place or display ads relevant to you on our services, as well as on other websites, apps, services, and devices you may use. Many social media and advertising platforms (including Google and Facebook) allow you to configure your ad settings through your account on their platforms. You may also opt out of our sharing for these purposes by contacting us using the information in the “Contact Us” section of this Privacy Notice.
• Legal Disclosure. We may use or disclose Personal Information or Other Data as we believe necessary: (1) if we determine a policy violation has occurred, to enforce our rights, or to enforce our Terms of Use; (2) if we believe such disclosure is necessary to identify, contact, or bring legal action regarding the rights and property of Masergy or its affiliates; (3) to enforce our rights or protect against unauthorized access to our systems or other inappropriate use of our services or products; (4) to comply with laws, regulations, court orders and subpoenas or similar requests for information by authorities; (5) to protect your safety and the safety of others; and (6) to assist us in fraud prevention or investigation.
• Business Transfer. We may disclose Personal Information or Other Information in connection with a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).

Data may be legitimately given to our affiliates, service providers or agents for legitimate purposes as described above. This may include the transfer of data to other jurisdictions for processing. In these circumstances, we will ensure that adequate contractual and technical safeguards are in place to protect your data. If data has been obtained for a purpose without advising you of other compatible secondary purposes for which it is subsequently to be used, the data will not be so used without advising you.

We work with a number of suppliers and partners to process your personal data for the purposes describes above. Where these suppliers and partners act on our behalf they must only process your personal data in accordance with our instructions. Sometimes we share your personal data with suppliers and business partners who may process it in countries other than the country in which the personal data originally was collected. We grant these companies access to personal data only where necessary and only where appropriate security measures and controls are in place to protect your personal data in accordance with applicable data protections laws, regulations, and regulatory guidance. This means these transfers will take place on the basis of an approved data transfer mechanism, such as EU Standard Contractual Clauses and EU Commission Decisions on Adequacy.

Your Rights and Choices

You have certain choices and rights regarding your Personal Information. Some of these choices and rights may vary based on where you live. Whether you have some or all of these rights will depend on the laws of your jurisdiction. In this section, certain terms have the meaning set forth under applicable law. You may have the right not to receive discriminatory treatment for exercising certain privacy rights. Where applicable, we will not discriminate against you because you exercise those rights.

Right to Opt Out of Marketing: You may inform us that you do not want us to use your Personal Information to provide you with offers or send you newsletters, emails or other marketing communications, by sending your request using the information in the Contact Us section of this Notice (below). You may also unsubscribe from receiving promotional communications by clicking on the unsubscribe link provided in our promotional emails. However, please note that you cannot opt-out from all communications, as we may need to send you information related to your services or accounts.

You may also use the contact information below to withdraw your previous consent to share your Personal Information with other parties (other than our service providers). In some cases, we may not be able to remove your Personal Information, in which case we will let you know why.

Right to Opt Out of Interest Based Advertising: We comply with the Self-Regulatory Principles for Online Behavioral Advertising as managed by the Digital Advertising Alliance (DAA). If you would prefer not to receive certain interest-based advertising, you can opt-out of this activity at the DAA website at http://www.aboutads.info/choices/ and at https://youradchoices.com/appchoices (U.S. residents) or Digital Advertising Alliance of Canada (DAAC) website at https://youradchoices.ca/en/tools (Canadian residents). You can configure your mobile device privacy or advertising settings via “limit ad tracking” on an iOS device or “opt out of interest-based ads” on an Android device to limit how apps track activity for advertising purposes. Certain options you select and choices you make are browser, website and device specific. If you clear your cookies or your browser’s cache, you will need to set your preferences again.

Please note that even if you choose to remove your information or opt-out, you will still see advertisements while browsing online. However, the advertisements may be less relevant to you and your interests.

Do Not Track: Your browser may offer you a “Do Not Track” option, which allows you to signal your preferences to certain website operators that you do not want them to track certain of your online activities. However, our services do not support Do Not Track requests at this time.

EEA / UK Residents: Your Rights Under the General Data Protection Regulation (GDPR)

If you are in the EEA, the UK, and certain other countries with similar data protection laws, you have additional rights in relation to your Personal Information. You have the following rights:

• Right to Review/Correct: You may review or update your Personal Information. You may have the right to request that we correct your Personal Information. To make a request, contact us using the information provided in the Contact Us section.
• Right to Delete: You may have the right to request that we delete your information or delete your account (subject to certain exceptions). To make a request, contact us using the information provided in the Contact Us section, below. After your account is deleted/terminated, your information may not be deleted in its entirety from our systems. We may retain backup copies of your information, including to assist with any legal obligations, resolve disputes, and enforce our agreements. We will retain your information for as long as necessary to fulfill the purposes of processing described in this Privacy Notice.
• Right to Object to Processing: You have the right to request that we cease processing your Personal Information. To make a request, contact us using the information provided in the Contact Us section.
• Right to Restrict Processing: You may have the right to request that we restrict processing of your Personal Information in certain circumstances (for example, where you believe that the Personal Information we hold about you is not accurate or lawfully held).
• Right to Data Portability: In most cases, you have the right to receive a copy all of your Personal Information that we hold about you. To make a request, contact us using the information provided in the Contact Us section.
• Right to Lodge a Complaint with a Supervisory Authority: You have the right to complain to the data protection authority in the country in which you reside, work, or believe an infringement of data protection laws has taken place. A list of data protection authorities in Europe is available here.

We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain Personal Information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, and to process transactions and facilitate customer requests. Employment-related information will not be included in fulfillment of your requests. To protect your privacy and security, we will take reasonable steps to verify your identity before fulfilling your request

Your U.S. Privacy Rights. In certain states, U.S. residents also have the right to make the following requests. We will not discriminate against you because you exercise any of these rights.

• Right to Access/Disclosure: You can request that we disclose to you the categories of Personal Information we collected about you, the categories of sources from which we collected the Personal Information, the categories of Personal Information sold or disclosed, our business or commercial purpose for collecting, selling or sharing your Personal Information, the categories of third parties with whom we shared your Personal Information, and the specific pieces of Personal Information we collected about you.
• Right to Delete: You can request that we delete your Personal Information that we maintain about you, subject to certain exceptions.
• Right to Correct: You can request that we correct your Personal Information that we maintain about you.
• Right to Opt-Out of Targeted Advertising / Sale or Sharing – You can request to opt-out of the sale or sharing of your Personal Information for targeted advertising by either clicking the Your Privacy Choices link in the footer of the Site, or contacting us using the information provided in the Contact Us section, below. For purposes of this section, “sell” means the transfer of your Personal Information to a third party for monetary or other valuable consideration, and “sharing” means any disclosure of Personal Information (renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means) to third parties for cross-contextual behavioral advertising purposes, each subject to certain exceptions set forth in applicable California law. Please note, your opt-out of cookie-based tracking for certain advertising purposes is specific to the device, website, and browser you are using, and is deleted whenever you clear your browser’s cache or cookies. Your opt-out of mobile app tracking is specific to the device you are using.

We do not collect, use or disclose sensitive personal information.

U.S. residents can make an access or deletion request by contacting us using the information in the “Contact Us” section of this Privacy Notice.

Where appropriate or required by law, we will take reasonable steps to verify your identity prior to responding to your requests. The verification steps may vary depending on the sensitivity of the Personal Information and whether you have an account with us. If you designate an authorized agent to make a request on your behalf, please ensure the authorized agent identifies him/herself as an authorized agent. We may require written proof of the agent’s permission to do so, and we may need to verify your identity directly.

We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain Personal Information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, and to process transactions and facilitate customer requests. Except as otherwise provided by applicable California law, for purposes of these requests under this section of the Privacy Notice, Personal Information does not include information we have collected as a service provider to our clients. Job applicants and employees should view our applicant privacy notice, here.

If you are a California resident, California’s Shine the Light law permits you to request and receive information about disclosure of certain of your Personal Information to other parties for their direct marketing purposes. We do not disclose personal information for direct marketing purposes.

Rights and Choices where Masergy acts as a Processor/Service Provider: Our customers’ use of certain Masergy products and services may involve the collection of your Personal Information. In such cases, we process Personal Information solely on behalf of our customers and any individuals who seek to exercise theirs should first direct their privacy rights requests to our customers.

Data Security

Masergy maintains technical and organizational safeguards to ensure an appropriate level of security and confidentiality for your Personal Information in accordance with our policies and applicable legislation. We aim to ensure protect the confidentiality for your Personal Information, to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information. However, Masergy cannot guarantee and has no control over the public, in certain cases, or third party networks through which you may send your Personal information to the services.

Customer Proprietary Network Information (CPNI)

CPNI refers to and includes information that Masergy has about You solely by virtue of our relationship with You as our customer. CPNI includes information about (i) the type of service You subscribe to, such as the technical configuration, destination and location of services (e.g., service addresses, circuit speed and capacity, etc.); (ii) the amount of service You subscribe to (e.g., the monthly bill, number of lines, circuits, calls, minutes, etc.); and (iii) usage of the service (e.g., number called, calls received, time, location, or duration of any calls, and features utilized).

Masergy’s use of CPNI is subject to laws and regulations which obligates Masergy to: (i) maintain the confidentiality of CPNI and (ii) with certain exceptions as described below, to use CPNI only to provide and support the services to which You subscribe.

As a general rule, Masergy does not share CPNI with third parties except as necessary to provide the service requested by You, for example, a supplier may need to know Your service location in order to deliver a local circuit. Even then, CPNI is only provided to the supplier to the extent necessary to provide the service You request.

Masergy uses CPNI to provide You the services that You subscribe to, manage services that You request, recommend new products and services that may be of interest to You, provide inbound marketing services if You contact Masergy for that purpose, conduct customer satisfaction surveys, bill and collect for services rendered, and protect Masergy’s rights and property, including fraud control.

Masergy may, from time to time, contact You to authenticate any person requesting information to ensure that person is authorized to access CPNI on Your behalf. You have the right to correct, amend or delete individuals who are authorized to access CPNI on Your behalf by (a) contacting Masergy via electronic mail at [email protected]; (b) calling Masergy toll free at 877-462-7374; or (c) making such changes via Masergy’s Intelligent Service Control portal located at www.masergy.com (changes may only be made by Your administrative user and requires prior account registration and setup). To protect Your privacy and security, Masergy will take reasonable steps to verify Your identity before granting access or making corrections.

Third Party Links

Our services may provide links which, when selected, take you to another web page, to places within a document, to another document altogether, or to other websites not controlled by Masergy. If you choose to use any third-party sites, any Personal Information collected by the third party’s site will be controlled by the privacy notice of that third party. Masergy is not responsible for the collection, use or disclosure of Personal Information collected through these websites. We strongly recommend that you take the time to review the privacy policies of any third parties to which you provide information.

Children’s Privacy Commitment

Protecting the privacy of children is especially important. For that reason, no part of the services is structured or intended to attract anyone under 13, and Masergy does not knowingly collect or maintain Personal Information from children under the age of 13. If you are under 13, you should not provide any information to us in any manner including through the services. Additionally, we do not knowingly sell or share the personal information of consumers under 16 years of age.

Updates to Our Privacy Notice

We will occasionally update our Privacy Notice. Any changes will be posted on this Site. We will post a prominent notice on this web page to notify you of any significant changes to our Privacy Notice and indicate at the top of the notice when it was most recently updated. We encourage you to periodically review our notice to be informed of how we use your information.

How to Contact Us

U.S.
If you have any questions in relation to the processing of your Personal Information, you may email us at [email protected], or write to us at:

Masergy Communications, Inc.
2740 North Dallas Parkway Suite 260
Plano, TX 75093
United States
Phone: +1 855-238-1463

Masergy has appointed EU and UK Representatives to act as its direct contact for [Data Subjects/ Individuals] and relevant Supervisory Authorities.

E.U.
Comcast International France SAS have been appointed to act as Masergy’s EU Representative under Article 27 of the GDPR. All enquiries from EU Data Subjects related to personal data processing in the EU or from the Supervisory Authorities should be addressed to [email protected] or at the address listed below

Comcast International France SAS
123 Avenue Charles de Gaulle
92200
Neuilly Sur Seine
Paris, France

U.K.
Comcast International Holdings UK Limited have been appointed to act Masergy’s UK Representative under Article 27 of the UK GDPR. All enquiries from UK Data Subjects related to personal data processing in the UK or from the UK Information Commissioner’s Office should be addressed to [email protected] or at the address listed below:

Comcast International Holdings UK Limited
5 Churchill Place
10th Floor
London, UK
E14 5HU