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Privacy Policy

EU Safe Harbor Policy

Cbeyond Privacy Statement

At Cbeyond, we are committed to honoring the privacy of our on-line customers and visitors to our Web site. We recognize the importance to you, our Web site customer or visitor, of maintaining an appropriate level of privacy and security for the personal information we collect from you through this Web site. The following policy outlines our Web site information gathering, use and disclosure practices with respect to your information that is collected by us or provided by you on and through this Web site. By accessing or using our site, you acknowledge that you have read and accepted the practices, procedures and terms and conditions of this policy and any other terms of use or policies posted by us. Please note that this privacy statement applies only to this site and not to the web sites of our advertisers or of other companies or organizations to which we link. All references to "Cbeyond" throughout this policy statement include, unless otherwise stated, all Cbeyond affiliate companies, successors and assigns.

Policy Revisions

We may from time to time change this privacy policy with or without notice, so please check it regularly for any changes or updates. If you have any questions regarding this privacy policy, then you may email us at customer.care@cbeyond.net.

What Kinds of Information Does Cbeyond Collect and Use?

Visiting Our Web site. Except as otherwise provided in this policy or in other written documentation or policies that may be provided to you regarding the services or Web site, the only personally identifiable information we collect about visitors to our Web site is provided to us voluntarily by you. "Personally identifiable information" is information that tells us specifically who you are, like your name, street address, email address, billing address, social security number, credit card number, other service account information, and certain other financial information. In general, you can visit our Web site without telling us who you are or revealing any personally identifiable information about yourself. Our Web servers may use "cookies" (described below) to collect information about visitors such as your domain name, host from which you access the Internet, the IP address of your computer, and your browser software and operating system. This information may be aggregated to measure such things as the number of visits, average time spent on the site, number of pages viewed, and methods by which our site was found. Cbeyond may use such information to evaluate the use of our site and to continuously improve the content and services being provided.

Feedback. At times we may ask you for contact information or conduct on-line surveys in order to better understand your needs so that we can provide you with a customized experience. If we wish to use this information other than as set forth in this policy, we will let you know at the time of collection. We will take commercially reasonable steps to safeguard this information from unauthorized access. However, any aggregate anonymized data that you send to us such as your questions, suggestions, ideas or other creative material ("Feedback") belongs to us and will not be treated as confidential. We may use, reproduce, adapt, distribute, display, disclose or create derivative works from Feedback without acknowledgement or compensation to you.

Using Our Web site Services. When you use our online services by accessing your account information, ordering a service or making a payment on-line, requesting a product or service information, or sending us e-mail, we will ask you to provide personally identifiable information to us. Except as otherwise provided in this policy, when you supply information about yourself for such specific purposes, we use the information for that purpose and to manage the internal operations and security of our Web site consistent with the terms of use and policies established from time to time governing this site. Such purpose may involve the disclosure of such information to unaffiliated companies or vendors where necessary to and for the limited purpose of processing your request, processing a transaction authorized by you or providing you with products or services. Furthermore, we may use, disclose or transfer certain personally identifiable information or other information about you (i) to provide you enhanced services; (ii) to market to you services or products among the categories of services or products you currently subscribe; (iii) to obtain a credit report; (iv) to protect the confidentiality or security of your records; (v) to comply with law enforcement, government mandate or other legal requirement if appropriate for your protection or in connection with an investigation or prosecution of possible unlawful activity; (vi) to our attorneys, accountants, and regulators; (vii) in connection with a sale, acquisition or merger of Cbeyond or our assets or (viii) for other legally permissible purposes. We may also share aggregate anonymized data relating to the transactions on the site and use of our services for marketing, research and other purposes.

Customer Proprietary Network Information ("CPNI"). We also want you to be aware that certain information related to your telecommunications services account with us such as to whom, where and when you make calls is CPNI. CPNI is protected by specific federal laws and regulations and as such we are fully committed to comply with such laws and regulations, both through our Web site and in all other respects. Without your consent, we will only share or disclose your CPNI (i) to market to you services or products among the categories of services or products you currently subscribe, (ii) to initiate, render, bill and collect our telecommunications services, (ii) to protect you or other carriers from illegal or fraudulent use of, or subscription to, our services or to protect our rights or property, (iii) to provide your call location information in certain specified emergency situations, and (iv) for other legally permissible purposes.

Who Has Access to This Information?

Except as set forth in this policy or unless we specifically disclose it to you at the time of collection or subsequently obtain your approval, we will not make any personally identifiable information that is gathered on our site available to unaffiliated organizations for commercial purposes unrelated to the business of Cbeyond.
Certain federal, state and local laws or government regulations may require us to disclose personally identifiable information about you. In these circumstances, we will use reasonable efforts to disclose only the information required by law, subpoena or court order to be disclosed.

Cookies

Our site may make use of cookies (or a similar technology) to better manage our sites and to assist us in providing you with tailored information and services. A cookie is a tiny element of data that a Web site can send to your browser, which is stored on your hard drive so that we can do things such as better serve you as you navigate through our site or when you return. You may set your browser to notify you or decline the receipt of a cookie; however, certain features of our sites or services may not function properly or be available if your browser is configured to disable cookies.

E-Mail

Cbeyond's policy is not to read or disclose private e-mail communications that are transmitted using Cbeyond services except to respond, if directed to us, or as required to operate the service, as set forth in the terms of use and policies established from time to time governing the service, or for other legally permissible purposes.

Security

Cbeyond maintains physical, electronic and procedural safeguards designed to protect the confidentiality of personally identifiable information provided by you on and through our Web site. For example, unique passwords or user identifications are required to access a number of our Web site services. In addition to requiring the use of a unique password or user identification, all payments processed through our Web site require certain personally identifiable information provided by you to be sent in a "Secure Session" using Secure Socket Layer encryption technology. This technology is designed to encrypt - or scramble - your financial or credit card account information to help prevent unauthorized parties from reading it. We seek to regularly test and update our technology to help protect your personally identifiable information. However, such precautions do not guarantee that our Web site is invulnerable to all security breaches. Cbeyond makes no warranty, guarantee, or representation that use of our Web site is protected from all viruses, security threats or other vulnerabilities and that your information will always be secure. When doing business with others, such as advertisers to whom you can link from our site, you should consider the separate security and privacy policies of those other sites.

Your Use of Passwords Or User Identifications

Except as specifically permitted by this privacy policy or other instructions regarding the online services you may not, and will ensure that you do not, lend, give, or otherwise disclose any passwords or user identifications to any unauthorized person, or permit any unauthorized person to use your accounts or related passwords or user identifications. Any loss of control of passwords or user identifications may result in the loss of control over personally identifiable information. You will be responsible for any actions taken on your behalf or any person using your passwords or user identifications. If passwords or user identifications have been compromised for any reason, then you should immediately change such password or user identification or notify us so that we may issue a new password or user identification.

Discussion Areas

This site may provide discussion areas so that customers and visitors can communicate freely and share ideas. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when disclosing such information. These discussion areas may be monitored by us or law enforcement officials as appropriate occasionally in order to enhance the safety and respect for all of our customers and visitors, and off-topic, unlawful or otherwise inappropriate content of materials of which we become aware may or may not be removed from the site during the course of such monitoring. However, Cbeyond is not responsible for any information posted or remaining on these discussion areas.

Links to Other Sites

For the convenience of our visitors and customers, this Web site may contain links to other sites. While we generally try to link only to sites that share similar high standards and respect for privacy, we have no responsibility or liability for the content, products or services offered, independent actions, or the privacy and security practices employed by these other independent sites. We encourage you to ask questions and review the applicable privacy policies before disclosing information to third parties on these independent sites.

Updates or Revisions to Personally Identifiable Information

Your use of certain of our online services may permit you to update personally identifiable information from our database by accessing our web site. If you remove certain information from your account, we will only retain copies of such information as are necessary for us to comply with governmental orders, resolve disputes, troubleshoot problems, enforce any agreement you have entered into with us and as otherwise reasonably necessary.

If You Do Not Wish to Disclose Your Information

If you use our online services, then you have voluntarily consented to the collection and use of your personally identifiable information as described in this privacy policy and other written documentation provided to you regarding the services. If you do not want us to use your information as described herein, please contact us at customer.care@cbeyond.net. However, without the use of your information, we may not be able to provide you the services or the same quality of services you request.

Children's Privacy

We do not intend for this site to be used by children under the age of 13, nor do we seek to collect information about children under the age of 13. If you are under the age of 13, please do not provide us with information and promptly exit this site. We encourage parents or legal guardians to talk with their children about the potential risks of providing information over the Internet.

Cbeyond Cloud Services’ Safe Harbor Data Privacy Policy

SCOPE

Cbeyond’s Safe Harbor Data Privacy Policy applies only to Cbeyond’s Cloud Services and related infrastructure and does not apply to telecommunications services provisioned in the United States of America which Cbeyond provides as a common carrier under applicable state and federal regulations as administered by the Federal Communications Commission or other administrative entities.

SAFE HARBOR

Consistent with its commitment to protect personal privacy, Cbeyond Cloud Services declares that it adheres to the Safe Harbor Principles embodied in the Safe Harbor Agreement concerning the transfer of personal data from the European Union to the United States of America. The United States Department of Commerce and the European Commission have agreed on the Safe Harbor Principles as they are articulated in a set of data protection principlesand frequently asked questions as a means to enable U.S. companies to satisfy EU law requirements for adequate protection of Personal Information transferred from the EU to the United States. If there is a conflict between the provisions of this Privacy Policy and the Safe Harbor Principles, the Safe Harbor Principles will govern.

DEFINITIONS

The following definitions apply to all statements throughout this Privacy Policy. "Personal Information" means any information or set of information that is transferred from the EU to the United States, is recorded in any form, pertains to or is about any individual, and can be linked to or used to identify that individual. Personal Information does not include information that is encoded, or publicly available information that has not been combined with non-public Personal Information. Personal Information does not include information that pertains to or is about a specific individual, but from which that individual could not reasonably be identified.  "Sensitive Personal Information" means Personal Information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns health or sex life. For purposes of this Privacy Policy, Cbeyond Cloud Services will treat as sensitive Personal Information any information received from a third party where that third party treats and identifies the information as sensitive.

THE PRIVACY PRINCIPLES

Cbeyond provides Cloud Services only to businesses and not to individuals and therefore seldom—if ever—collects Personal Information.  To the extent that Cbeyond Cloud Services collects or will collect Personal Information, its operations and processing of Personal Information conform to the following Safe Harbor Privacy Principles as stated below under the heading of each principle.

Notice and Choice

To the extent permitted by the Safe Harbor Agreement, Cbeyond Cloud Services reserves the right to process Personal Information in the course of providing professional services to Cbeyond Cloud Services's clients and customers without the knowledge of individuals involved. If and when Cbeyond Cloud Services collects Personal Information directly from individuals in the EU, Cbeyond Cloud Services will inform them about the types of Personal Information it collects from them, the purposes for which Cbeyond Cloud Services collects and uses it, and the types of non-agent third parties to which Cbeyond Cloud Services discloses that information. Cbeyond Cloud Services will also inform those individuals about the choices and means, if any, that Cbeyond Cloud Services offers to limit the use or disclosure of their information.

Disclosures and Transfers

Cbeyond Cloud Services will not disclose an individual's Personal Information to third parties, except when one or more of the following conditions is true:

  • Cbeyond Cloud Services has the individual's permission to make the disclosure;
  • The disclosure is required by law or professional standards;
  • The disclosure is reasonably related to the sale or disposition of all or part of Cbeyond Cloud Services’ business;
  • The information in question is publicly available;
  • The disclosure is reasonably necessary for the establishment or defense of legal claims; or
  • The disclosure is to another Cbeyond Cloud Services entity or to persons or entities providing services on Cbeyond Cloud Services’s or the individual's behalf (each a "transferee"), consistent with the purpose for which the information was obtained, if the transferee, with respect to the information in question:
    • is subject to law providing an adequate level of privacy protection;
    • has agreed in writing to provide an adequate level of privacy protection; or
    • Subscribes to the Safe Harbor Principles.

Permitted transfers of information, whether to third parties or within Cbeyond Cloud Services, include the transfer of data from one jurisdiction to another, including transfers to and from the U.S. Because privacy laws vary from one jurisdiction to another, personal information may be transferred to a jurisdiction where the laws provide less or different protection than the jurisdiction in which the information originated.

Data Security

To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use and confidentiality of information, either for its own purposes or on behalf of its clients, customers and business partners, Cbeyond Cloud Services has put in place and rigorously enforces appropriate physical, electronic, and managerial procedures to safeguard and secure the information that Cbeyond Cloud Services processes. However, Cbeyond Cloud Services cannot guarantee the security of information on or transmitted via the Internet.

Data Integrity

To the extent that it has possession of Personal Information at all, Cbeyond Cloud Services processes such information only in ways compatible with the purpose for which it was collected or subsequently authorized by the individual. To the extent necessary for such purposes, Cbeyond Cloud Services takes reasonable steps to make sure that Personal Information is accurate, complete, current, and otherwise reliable for its intended use.

Access and Correction

If an individual becomes aware that information Cbeyond Cloud Services maintains about that individual is inaccurate, or if an individual would like to update or review that individual’s information, the individual may contact Cbeyond Cloud Services using the contact information below. In every case, Cbeyond Cloud Services will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate. The individual seeking to amend such information will need to provide sufficient identifying information, such as name, address, birth date, and social security number. Cbeyond Cloud Services may request additional identifying information as a security precaution. In addition, Cbeyond Cloud Services may limit or deny access to Personal Information where providing such access would be unreasonably burdensome or expensive in the circumstances, or as otherwise permitted by the Safe Harbor Agreement. In some circumstances, Cbeyond Cloud Services may charge a reasonable fee, where warranted, for access to Personal Information.

Enforcement and Dispute Resolution

Cbeyond Cloud Services utilizes the self-assessment approach to assure its compliance with this Privacy Policy. Cbeyond Cloud Services periodically verifies that this Privacy Policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented, and in conformity with the Safe Harbor Principles.  Cbeyond Cloud Services encourages interested persons to raise any concerns about its implementation of this Privacy Policy using the contact information below. Cbeyond Cloud Services will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles contained in this Privacy Policy.

Any claim arising out of or relating to Cbeyond Cloud Services’ adherence to the EU Data Directive, or the breach thereof, that cannot be resolved through Cbeyond Cloud Services’ internal processes, will be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable commercial rules.  Any arbitrator will be either an attorney or retired judge having significant and recognized experience with and knowledge of privacy issues and information technology.  The arbitration panel shall apply the law of the State of Georgia, without regard to its conflict of laws principles, as well as the Safe Harbor Enforcement Principles issued by the U.S. Department of Commerce.  In addition, the exclusive location for such arbitration will be Atlanta, Georgia. All decisions of the arbitration panel will be final and binding on the parties, which waive any right to appeal the arbitration award further, to the extent an appeal may be lawfully waived.  Cbeyond Cloud Services are also subject to the jurisdiction of the U.S. Federal Trade Commission.

CHANGES

Cbeyond Cloud Services may change this Privacy Policy from time to time, consistent with the requirements of the Safe Harbor Principles or the United States Department of Commerce. Cbeyond Cloud Services will post any revised privacy policy in its work places, train its employees about such changes and how to comply with them, and will publish any amended privacy policy on this Web site or a similar Web site that replaces this Web site.

INFORMATION SUBJECT TO OTHER POLICIES OR STANDARDS

Cbeyond Cloud Services is committed to following the Safe Harbor Principles for all personal information within the scope of the Safe Harbor Agreement. Certain information, however, is subject to policies of Cbeyond Cloud Services that may differ in some respects from the provisions of this Privacy Policy. Information subject to such additional policies includes information obtained from or relating to a client, customer or business partner or former client, customer or business partner that is subject to the terms of any privacy notice to or agreement with such client, customer or business partner, any engagement letter or letters with such client, customer or business partner, and applicable laws and professional standards.

CONTACT INFORMATION

Questions or comments regarding Cbeyond Cloud Services’ Safe Harbor certification and this Privacy Policy should be submitted to Cbeyond by mail or e-mail as follows:

Cbeyond Communications, LLC
Compliance Department
320 Interstate North Pkwy
Atlanta, GA 30339
U.S.A.
US and Canada Toll Free: 1-866-424-5544
Email: compliance@cbeyond.com