MAX UC PRIVACY STATEMENT

Last updated: April 14 2022

Your privacy is important to us. Please read this MaX UC Privacy Statement ("Privacy Statement") carefully as it contains important information on who we are, how and why we collect, store, use, and share your personal data. This Privacy Statement also explains your rights in relation to your personal data and how to contact us or supervisory authorities in the event you have a complaint. This Privacy Statement applies to version 3.x and above of each of the MaX UC application (the "UC App") and the MaX Meeting application (the "Meeting App"). The UC App and Meeting App together are the "Apps", offered by Metaswitch Networks Ltd. ("Metaswitch", "we", "us", or "our").

1. Metaswitch's Role. We collect, use and are responsible for certain personal data about you when you download and use the Apps. When we do so we are subject to various laws in the United States, the EU General Data Protection Regulation ("EU GDPR"), and the UK General Data Protection Regulation ("UK GDPR", together with the EU GDPR, the "GDPR"), in relation to goods and services we offer to individuals and our wider operations in the EU and UK, respectively. We are responsible as "controller" of that personal data for the purposes of those laws.

   Metaswitch acts as a processor of any personal data processed by the Apps on behalf of your telephone service provider. Your telephone service provider acts as the controller of all such personal data, and is required to provide you with a separate privacy statement regarding its processing and use of personal data via the Apps.

2. Personal Data We Collect About You. We may collect and use the following personal data that identifies, relates to, describes, is reasonable capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:

   Categories of Personal Data	Specific Types of Personal Data Collected
   Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver's license number, passport number, or other similar identifiers)	IP address, email address, Microsoft TeamsTM information (such as display name, user IDs, Team IDs, channel/conversation IDs, contacts, message contents (where historically invoked)), unique identifiers associated with the Apps.
   Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.	Telephone number, email address, Microsoft TeamsTM information (such as display name, user IDs, Team IDs, channel/conversation IDs, contacts, message contents (where historically invoked)), unique identifiers associated with the Apps, unique device identifiers.
   Characteristics of protected classifications under California or federal law.	None.
   Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies	None.
   Biometric information.	None.
   Characteristics of protected classifications under California or federal law.	None.
   Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement)	Call records or logs, Microsoft TeamsTM information (such as display name, user IDs, Team IDs, channel/conversation IDs, message contents (where historically invoked)).
   Geolocation data	IP address.
   Audio, electronic, visual, thermal, olfactory, or similar information	None.
   Professional or employment-related information	None.
   Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (FERPA)	None.
   Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes	None.

   This personal data is required to provide the Apps to you. If you do not provide personal data we ask for, it may delay or prevent us from providing the Apps to you. We do not knowingly collect or process personal data from children under sixteen (16) years of age. If we learn that we have personal data, relating to a child under 16, we will take steps to delete the information as soon as possible.

3. How Your Personal Data is Collected. We collect personal data directly from you via the download and use of the Apps and may collect such information in person, by telephone, text or email. However, we may also collect information:

   • Directly from your telephone service provider;
   • From a third party with your consent; and
   • From our analytics providers, such as Microsoft Visual Studio App Center and Splunk Analytics.

   To find out more about adjusting how your data is collected, visit the Apps' controls.

4. How and Why We Use Your Personal Data.We may aggregate your personal data, such that is no longer possible to identify you using the data, to use in various manners. Under data protection law, we can use your personal data only if we have a proper reason for doing so, e.g.:

   • To comply with our legal and regulatory obligations;
   • For the performance of our contract with you or to take steps at your request before entering into a contract;
   • For our legitimate interests or those of a third party; or
   • Where you have given consent.

   A legitimate interest is when we have a business or commercial reason to use your data, so long as this is not overridden by your own rights and interests.

   The table below explains what we use (process) your personal data for and our reasons for doing so:

   What we use your personal data for	Our reasons
   To provide the Apps to you	For the performance of our contract with you or to take steps at your request before entering into a contract
   To synch the Apps to Microsoft Teams, when requested	For the performance of our contract with you or to take steps at your request before entering into a contract
   To prevent and detect fraud against you, Metaswitch, or your telephone service provider	For our legitimate interests or those of a third party, i.e., to minimize fraud that could be damaging for you, Metaswitch, or your telephone service provider
   Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies	Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies To comply with our legal and regulatory obligations
   Statistical analysis to help us manage our business, e.g., in relation to the Apps' performance	For our legitimate interests or those of a third party, i.e., to be as efficient as we can so we can deliver the best service for you at the best price
   Preventing unauthorized access and modifications to systems	For our legitimate interests or those of a third party, i.e., to prevent and detect criminal activity that could be damaging for us and for you To comply with our legal and regulatory obligations
   External audits and quality checks	For our legitimate interests or a those of a third party, i.e., to maintain our accreditations so we can demonstrate we operate at the highest standards To comply with our legal and regulatory obligations

5. Promotional Communications. We do not use your personal data to send promotional or other marketing communications to you.

6. Who We Share Your Personal Data With. We routinely share personal data with:

   • Our affiliates, including companies within the Metaswitch group;

   • Your telephone service provider to enable and maintain use of the Apps;

   • Service providers we use to help deliver the Apps to you, such as payment service providers, warehouses and delivery companies; and

   • Third parties we use to help us run our business, such as analytics providers or website hosts. For more information on how our analytics providers use your personal data, please see:

     • Microsoft Visual Studio App Center - https://aka.ms/privacy and

     • Splunk Analytics - https://www.splunk.com/en_us/legal/privacy/privacy-policy.html

   We only allow our service providers to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on service providers relating to ensure they can only use your personal data to provide services to us and to you. We may also share personal data with external auditors.

   We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

   We may also need to share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring. We will typically anonymize information, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

   We will not share your personal data with any other third party.

7. Personal Data We Sold or Disclosed for a Business Purpose.

   1. We do not sell your personal data. We have not sold to a third party any personal data that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

   2. In the preceding 12 months, we have disclosed for a business purpose to one or more third parties the following categories of personal data that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:

      • Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver's license number, passport number, or other similar identifiers);

      • Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information;

      • Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement); and

      • Geolocation data.

8. Where Your Personal Data is Held. Information may be held at our offices and those of our affiliates, third party agencies, service providers, representatives and agents as described above (see above: "Who We Share Your Personal Data With").

   Some of these third parties may be based outside the European Economic Area and the UK. For more information, including on how we safeguard your personal data when this occurs, see below: "Transferring Your Personal Data Out of the EEA and the UK".

9. How Long Your Personal Data Will Be Kept. We will keep your personal data while you have an account with us or while we are providing the Apps to you. Thereafter, we will keep your personal data for as long as is necessary:

   • To respond to any questions, complaints or claims made by you or on your behalf;
   • To show that we treated you fairly; or
   • To keep records required by law.

   We will not retain your personal data for longer than necessary for the purposes set out in this Privacy Statement. Different retention periods apply for different types of personal data.

10. Transferring Your Personal Data Out of the EEA and the UK. To deliver services to you, it is sometimes necessary for us to share your personal data outside the European Economic Area (EEA) or the UK, e.g.:

    • With our offices outside the EEA or UK;
    • With your and our service providers located outside the EEA or the UK;
    • If you are based outside the EEA or the UK; or
    • Where there is an international dimension to the services we are providing to you.

    These transfers are subject to special rules under European and UK data protection law. Our standard practice is to use standard data protection contract clauses that have been approved by the European Commission.

    If you would like further information, please contact us (see "How To Contact Us" below).

11. Your Rights Under the GDPR.

    Right to Access	The right to be provided with a copy of your personal data (the right of access)
    Right to Rectification	The right to require us to correct any mistakes in your personal data
    Right to be Forgotten	The right to require us to delete your personal data - in certain situations
    Right to Restriction of Processing	The right to require us to restrict processing of your personal data - in certain circumstances, e.g., if you contest the accuracy of the data
    Right to Data Portability	The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party - in certain situations
    Right to Object	The right to object: at any time to your personal data being processed for direct marketing (including profiling); in certain other situations to our continued processing of your personal data, e.g., processing carried out for the purpose of our legitimate interests
    Right Not to be Subject to Automated Individual Decision-Making	The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you

    For further information on each of those rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner's Office (ICO) on individual rights under the General Data Protection Regulation.

12. Your Rights Under the CCPA. You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to exercise free of charge:

    Disclosure of Personal Data We Collect About You	You have the right to know: The categories of personal data we have collected about you; The categories of sources from which the personal data is collected; Or business or commercial purpose for collecting or selling personal data; The categories of third parties with whom we share personal data, if any; and The specific pieces of personal data we have collected about you. Please note that we are not required to: Retain any personal data about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained; Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal data; or Provide the personal data to you more than twice in a 12-month period.
    Personal Data Sold or Used for a Business Purpose	In connection with any personal data we may sell or disclose to a third party for a business purpose, you have the right to know: The categories of personal data about you that we sold and the categories of third parties to whom the personal data was sold; and The categories of personal data that we disclosed about you for a business purpose. You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the sale of your personal data. We do not sell your personal data.
    Right to Deletion	Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will: Delete your personal data from our records; and Direct any service providers to delete your personal data from their records. Please note that we may not delete your personal data if it is necessary to: Complete the transaction for which the personal data was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us; Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; Debug to identify and repair errors that impair existing intended functionality; Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; Comply with the California Electronic Communications Privacy Act; Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent; Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; Comply with an existing legal obligation; or Otherwise use your personal data, internally, in a lawful manner that is compatible with the context in which you provided the information.
    Protection Against Discrimination	You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things: Deny goods or services to you; Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties Provide a different level or quality of goods or services to you; or Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services. Please note that we may charge a different price or rate or provide a different level or quality of the Apps to you, if that difference is reasonably related to the value provided to our business by your personal data.

13. Keeping Your Personal Data Secure. We have appropriate security measures in place to prevent personal data from being accidentally lost or used or accessed in an unauthorized way. Where practicable, we pseudonymize or otherwise obfuscate and aggregate personal data. We limit access to your personal data to those who have a genuine business need to access it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

14. How to Exercise Your Rights. If you would like to exercise any of your rights as described in this Privacy Statement, please:

    • Call us at in the UK at +44 20 8366 1177;

    • Email us at privacy@metaswitch.com; or

    • Use our Privacy contact form www.metaswitch.com/legal/report-a-privacy-concern.

    Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period.

    If you choose to contact us directly, you will need to provide us with:

    • Enough information to identify you (e.g., your full name, address and customer or matter reference number);

    • Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and

    • A description of what right you want to exercise and the information to which your request relates.

    We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person's behalf.

    Any personal data we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.

15. How to File a GDPR Complaint. We hope that we can resolve any query or concern you raise about our use of your information.

    The GDPR also gives you right to lodge a complaint with the applicable supervisory authority, either: a) in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred; or b) in the UK, if you work, normally live, or the alleged infringement of data protection laws occurred there.

16. Third-Party Websites. The Apps may also contain links or otherwise enable you to access third-party websites and services, including your telephone service provider. Linked websites and other third-party websites are not under our control and will have a different privacy statement or may have no privacy statement at all. We do not accept any responsibility or liability for these privacy policies or any third-party websites. Please check the applicable privacy statement, if any, before you submit any personal data.

17. Changes to This Privacy Statement. We may change this Privacy Statement from time to time. When we do, we will inform you of these changes by publishing the revised Privacy Statement and prominently posting a notice of the change at https://docs.metaswitch.com/maxuc/maxuc-privacy-policy.html.

18. How to Contact Us Please contact us by post, email or telephone if you have any questions about this Privacy Statement or the information we hold about you.

    Our contact details are shown below:

    Mailing address	ATT: MaX UC Privacy Statement Metaswitch Networks Ltd. 33 Genotin Road, Enfield, EN1 2AG, UK
    Email address	privacy@metaswitch.com
    UK telephone number	+44 20 8366 1177
    Privacy contact form	www.metaswitch.com/legal/report-a-privacy-concern