PRIVACY POLICY

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Effective Date: May 24, 2018

As a provider of video conferencing and collaboration solutions, we understand the importance of privacy to the organizations that purchase or license our products and services (“Customers”) , and to the individuals who use our products and services, including registered users and guests invited to participate in calls by such registered users (collectively, “Users”).

For that reason, we have created this Privacy Policy to explain how Vidyo, Inc., its subsidiaries, and its controlled affiliates (“Vidyo”, “we”, or “us”) collect, use, store, safeguard and share information from:

  • Visitors to our websites, including Vidyo.com,Vidyo.io and VidyoXchange.com, and parallel versions of these websites in other countries (“Our Websites”)
  • Users of cloud services offered by Vidyo, including VidyoConnect, VidyoEngage , Vidyo.io , free trials or pilots of our products and services and other cloud offerings
  • Users of Vidyo’s conferencing and collaboration hardware and software solutions
  • Customers and Users using or benefitting from our training and support functions, including our customer success programs (collectively, “Customer Support”)
  • Our sales and marketing programs, processes and activities (collectively “Sales Activities”).

For services and websites used by residents of the European Union in which Vidyo is acting as data controller, Vidyo, Inc. is the data controller responsible for your personal information.

Quick Guide to Contents

  1. What information do we collect?
  2. How do we use the information we collect?
  3. Where is information we collect stored or transferred?
  4. Do we use cookies or other means to track users?
  5. With whom do we share information?
  6. How do we protect your information?
  7. What are your rights and available choices?
  8. How long do we keep your information?
  9. What rights do you have in respect of our marketing activities?
  10. Can children use the website?
  11. What about links to other sites and services?
  12. What are California privacy rights?
  13. Are changes ever made to this Privacy Policy?
  14. How do you contact us or our Data Protection Officer?

1. WHAT INFORMATION DO WE COLLECT?

Vidyo collects many kinds of information in order to offer and improve our quality products and services. We may collect information about you when you visit Our Websites, subscribe for, purchase or use our products and services on the various available platforms, or in other situations such as Customer Support or Sales Activities.

The personal data we collect includes the following:

  • Contact or identification information (such as name, Vidyo user name, email
    address, country of residence, and telephone number);
  • Business information (such as company name, mailing address, telephone number, financial or credit/debit card information);
  • Technical information from your computer or device (such as IP addresses, cookies, web logging, unique identifiers from your computer or device);
  • Information related to your use of our services (such as Vidyo service plan type, type of user, server information, call records, participant information, and other endpoint information).

We may also receive information from our Customers and other third parties, such as our distributors, resellers, dealers, third party sales agents, or other channel partners or providers of video conferencing services using our products (“Channel Partners”), which we may combine with the information we collect directly from or about you.

More about Information Vidyo Collects

Vidyo may collect information from Customers and Users when they are browsing Our Websites, ordering, subscribing for or using any of our products or services (whether they are accessed through a desktop computer, a smart phone or tablet, or some other device) or using our Customer Support services. Vidyo may also collect information in connection with our Sales Activities.

What is the legal basis for collecting this information?

  • Vidyo processes your information with your consent;
  • Vidyo processes your information as needed to fulfill a contract with you or with the Customer or Channel Partner which contracted for the services you are using (for example, for billing purposes);
  • Vidyo processes your information where we are required to do this by law (for example, where it is necessary to retain it in connection with potential litigation); and
  • Vidyo processes your information when it is in our legitimate interests to do this and when these interests are not overridden by your data protection rights. For example, Vidyo has a legitimate interest in: (1) ensuring that Our Websites operate effectively; (2) delivering requested free trials of our products and services including cloud offerings; (3) delivering Vidyo’s conferencing and collaboration hardware and software solutions, cloud-based offerings, other products and services, or Customer Support function; (4) customizing and improving our marketing activities; and (5) communicating with you in order to offer you new products, services and promotions and to get your feedback.

Information Collected When Browsing Our Websites

  • When you fill out our online forms  (such as to request a demo, a free trial or a pilot, or a sales contact or research, or to join a webinar or event or subscribe to a mailing list, or additional information about Vidyo products and services), we collect basic information such as your name, job title, email address, country of residence, company and telephone number. This information is required to communicate with you and to provide you with the information or services you requested.
  • Through cookies, web beacons and similar technologies, we receive information that allows us to recognize you, customize your experience, track which pages you visit, and serve our advertisements on Our Websites. To learn more about how we use cookies and similar devices, see section 4 “Do We Use Cookies or Other Means To Track Users?”
  • Log file information is recorded each time you access Our Websites. For instance, our servers may record information such as your web request, referral URL, IP address, web browser type and operating system as well as statistics on page views, usage statistics and connection errors.
  • If you browse Our Websites from a smart phone, tablet or other mobile device, the mobile services provider may transmit to us uniquely identifiable mobile device information which may include, or may allow us to determine, information such as your operating system version, language and time zone.

Information Collected In Connection With Marketing & Sales Activities

  • When you inquire about purchasing our products or services, or when you sign up for or purchase our products or services, we will obtain business and contact information, which may include name, title, email address, country of residence, company and telephone number of the person subscribing for the service or inquiring about purchasing the products either directly or on behalf of an organization
  • In addition to the activities described above relating to Our Websites, through cookies, web beacons and similar technologies, we receive information that allows us to recognize you, customize your experience, track which pages you visit, and serve our advertisements on certain pages off Our Websites. To learn more about how we use cookies and similar devices, see section 4 “Do We Use Cookies or Other Means To Track Users?”
  • Vidyo may also receive business and contact information about Customers, potential Customers and Users as well as order information through its Channel Partners, third-party marketing companies or Vidyo’s advertising programs.

Information Collected in Connection with our Products and Services

  • When you use a Vidyo product or service either as a Customer, a registered User under a Customer’s account, or a guest of a Customer or registered User, Vidyo may automatically collect and store certain information about your usage of and interaction with Vidyo’s products and services such as server information (hardware settings and statistics, network information, system activity, server configuration, alerts, utilization, appliance version, browser details) and call records (“CDRs”) which contain the time and duration of calls, the number and types of participants on each call, and electronic identification data of the call participants such as user name (which may be the participant’s email address), display name, IP address, telephone number (if the participant joined by telephone), server details, endpoint type and version, device type and type and version of operating system, browser type, version and language, and circumstances of disconnecting from the call. In addition, Vidyo may collect certain endpoint information (such as hardware statistics, network information, application settings, log files, error reports and usage).
  • Through cookies, web beacons and similar technologies, we receive information that allows us to recognize you and customize your experience. To learn more about how we use cookies and similar devices, see section 4 “Do We Use Cookies or Other Means To Track Users?”
  • When you access a Vidyo product or service from a smart phone, tablet or other mobile device, the mobile services provider may transmit to us uniquely identifiable mobile device information which may include, or may allow us to determine, information such as your operating system version, language and time zone, system activity, usage activity, and network information.
  • Some of our products or services may at the Customer’s election, include a feature allowing a participant to record the content of video conferences and instant messaging communications. If such feature is used, a notice will appear on your screen and in such case, we may collect and store the content of such video conferences and instant messaging communications.
  • Anyone with administrative access to a Vidyo system, such as your organization’s or (if applicable) Service Provider’s general administrator (each such person, an “Administrator”), will have access to the User account and activity information contained in such Vidyo system (including email address and other data to the extent included). The Administrator may be able to:
    • View a User’s CDRs and log files
    • Change a User’s account hashed passwords
    • Suspend or terminate the User’s account access
    • Access or retain information stored as part of the User’s account
    • Add, view or change profile information in a User’s account, such as phone number, title, department, location, email, or username
    • Receive the User’s account information in order to satisfy applicable law regulation, legal process or enforceable governmental requests

Please refer to the Administrator or its privacy policy for more information.

  • As part of certain agreements with its Service Provider Channel Partners, Vidyo may request and receive User CDRs in order to monitor and verify usage for billing purposes.

In addition, the use of third-party applications developed using our SDKs or APIs or integrating our services is subject to the terms of use and privacy policies of such third party developers. You should review the policies of third party applications and websites to ensure that you are comfortable with the ways in which they use and disclose the information you share with them. We do not guarantee that they will follow our rules or our Privacy Policy.

Information Collected In Connection With Customer Support Activities

  • All information provided by a User in connection with accessing Customer Support may be captured and retained by Vidyo. For example:
    • When you call or initiate an online chat to receive Customer Support, we monitor and may record the various interactions that take place.
    • If you email us in connection with a request for Customer Support services we may retain that email.
    • When you provide information to our Customer Support personnel during the course of resolving a problem, that information may also be retained.
    • When you access information on any of Our Websites we may monitor and record the interactions that take place, including what information was accessed.
    • In order to provide direct technical support, we may need to receive and analyze information such as Customer CDRs, User log files and system data bases which contain the information of the type described above under “Information Collected in Connection with our Products and Services“.
    • In the course of providing online or direct technical support, with your permission, we may sometimes be granted access to data that is visible on your screen. A network capture function may also be enabled allowing us to display TCP/IP and other packets being transmitted or received over a network to which the computer is attached. The relevant Administrator may also grant us access to other data of the organization which purchased or licensed the Vidyo products or services. This data may contain information about you and the organization’s other employees, customers, partners, suppliers, etc. using the products or services. We will capture any information provided by you and use it for the purpose of resolving the problem raised by you. .
  • In connection with our customer success programs, we collect user name, email address, title, department and/or organizational affiliation, tracking information about the use of our products and services from registered Users and customer satisfaction information as provided by you . Such information is used to communicate with the Users in order to enhance their user experience and increase user adoption and satisfaction and to provide our Customers usage information and statistics. You can opt out of such communications as explained in section 7 “What are your rights and available choices?”

2. HOW DO WE USE THE INFORMATION WE COLLECT?

We use the information we collect to provide you with our products and services and in connection with our on-going customer relationship, such as informing Customers of software updates and providing Customer Support. We also use the collected information to evaluate and improve our products and services. Some information collected assists us in operating and evaluating Our Websites as well as customizing and improving our marketing activities (please see section 9 “What rights do you have in respect of our marketing activities?” below to learn more about Vidyo’s marketing activities) or with improving our cloud global services coverage and capacity. Finally, we may use collected information to comply with legal or governmental requirements or demands.

More About the Use of Information Vidyo Collects

Vidyo uses the information it collects for the following purposes:

  • Communications
    We use the information we collect in order to communicate with you about Vidyo’s products and services, to respond to your requests for information and to keep you informed of important matters, such as cloud services, software and security updates and changes to our terms and conditions. We also use it to process orders and administer the financial and other aspects of our relationship.
  • Providing Requested Products and Services
    Information is used to provide the desired products or services to Customers and Users.
  • Sales Activities
    We use the information we collect as part of our Sales Activities for processing orders, sending leads to our Channel Partners, keeping you informed of special offers and changes in available products and services, and conducting general sales and marketing activities.
  • Customer Support
    Information is also used to provide technical and other support to Customers and Users of our products and services and to increase user adoption and satisfaction as part of our customer success programs. Recording Customer Support sessions helps Vidyo to train its personnel and creates a record of the interaction for future use and product and service improvement purposes.
  • Data Analytics
    As described above in “What Information Do We Collect?”, Vidyo collects various kinds of statistical and analytical data in connection with the operation and performance of Our Websites, our products and services, and our Customer Support and Sales Activities. Data we collect from these activities, such as log file and traffic information, are used to evaluate the performance of Our Websites and our products and services, as well as to better understand usage patterns and the needs and interests of our current and potential Customers and Users and provide such information to them. This assists Vidyo in improving its product lines, fixing bugs and creating new and relevant features for its Customers and Users. We also sometimes contract with outside suppliers to conduct data analysis, however, when the results are shared with third parties, no such information can be matched by Vidyo or aggregated with other information in Vidyo’s possession to identify or re-identify any specific Customer or User. For information on Vidyo’s use of cookies and similar technologies, see section 4 “Do We Use Cookies or Other Means To Track Users?”.

3. WHERE IS INFORMATION WE COLLECT STORED OR TRANSFERRED?

Electronic information collected by Vidyo is kept on servers that are owned or operated either by Vidyo or by Vidyo contracted suppliers. These servers are predominantly located in the United States, Europe and Asia. We ensure that we comply with the applicable legal requirements when transferring your personal information outside the European Economic Area (“EEA”).

MORE INFORMATION ABOUT VIDYO’S TRANSFER OF YOUR INFORMATION OUTSIDE THE EEA

In the course of providing our products and services, your information may be transferred to our subsidiaries, controlled affiliates and Channel Partners that are located in countries outside the EEA, including to countries which have different data protection standards to those which apply in the EEA. To ensure that your data is adequately protected, we only transfer your data subject to suitable safeguards being in place.

In particular, where we transfer your information outside the EEA, we put in place European Commission-approved standard contractual clauses to ensure that any such transfers are conducted in accordance with applicable laws and using adequate and appropriate safeguards. A copy of these clauses is available for your review upon request to us using the contact information provided in section 14 “How do you contact us or our Data Protection Officer?” below.

4. DO WE USE COOKIES OR OTHER MEANS TO TRACK USERS?

Yes. When you visit Our Websites or use our cloud services we may send to your computer one or more cookies – small text files containing a string of alphanumeric characters – that uniquely identify your browser. These cookies:

  • let us help you log in faster;
  • enhance your navigation through the Our Websites and/or your user experience;
  • convey information to us about how you use the Our Websites (e.g., the pages you view, the links you click and other actions you take);
  • allow us or our suppliers to track your usage over time; and serve you appropriate offers for our products and services as well as relevant research and industry reports.

Cookies are used to reduce the need for you to re-enter information or choices and to personalize your experience while visiting the Our Websites and using our products or services.

We also use web beacons to help deliver cookies and compile analytics, including web beacons from third-party suppliers.

More About Cookies and Other Tracking Devices

Cookies

Vidyo may use both session and persistent cookies in connection with Our Websites, products and services:

  • A persistent cookie remains on your hard drive or other fixed media storage after you close your browser. Persistent cookies may be used by your browser on subsequent visits to Our Websites and can be removed by following your web browser’s directions.
  • A session cookie is temporary and disappears after you close your browser.

You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of Our Websites, products or services may not function properly if the ability to accept cookies is disabled.

We set cookies which remain on your device for differing times. Some expire at the end of each session and some remain for longer so that when you return to Our Websites, you will have a better user experience.

We use cookies and similar technologies for several purposes, depending on the function, product or service you use, including:

  • Strictly Necessary Cookies
    • These cookies are essential in order to enable you to move around Our Websites and use their features. Without these cookies, services you have asked for such as remembering your login details or shopping basket items cannot be provided.
  • Performance Cookies
    • In order to provide, analyze and improve our products and services, we use cookies and other identifiers to gather usage and performance data. For example, we use cookies to count the number of unique visitors to a web page or service and to develop other statistics about the operations of our products and services.. The data stored by these cookies never shows personal details from which your individual identity can be established.
  • Functionality Cookies
    • These cookies remember choices you make such as the country you visit Our Websites from, language and search parameters such as size, color or product line. These can then be used to provide you with an experience more appropriate to your selections and to make the visits more tailored and pleasant. The information these cookies collect is anonymized and they cannot track your browsing activity on other websites.
  • Targeting cookies or advertising cookies
    • These cookies collect information about your browsing habits in order to tailor the website experience, generate offers for products and services, and serve up relevant content and research. This information is not shared with third-parties.
  • Social Media Cookies
    • These cookies allow you to share what you’ve been doing on social media such as Facebook and Twitter. Please refer to the respective privacy policies for how their cookies work.
  • Sign-in and Authentication.
    • When you sign into your Vidyo account using your personal login information, we store a unique ID number, and the time you signed in, in an encrypted cookie on your device. This cookie allows you to move from page to page within the site without having to sign in again on each page.

Web browsers allow you to exercise some control of cookies through the browser settings. Most browsers enable you to block cookies or to block cookies from particular sites. Browsers can also help you to delete cookies when you close your browser. You should note however, that blocking or deleting cookies may mean that any opt-outs or preferences you set on Our Websites, or using our products or services, may be lost.

To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org which includes information on how to manage your settings for the major browser providers.

Other Tracking Device

We use certain tracking scripts on Our Websites, including Google Analytics, Bizable, and Marketo for analytics and tracking purposes. When you use Our Websites or Vidyo products and services, we may also employ web beacons (also known as clear GIFs) which are used to track the online usage patterns of users of Our Websites or Vidyo products or services.

Do Not Track

We currently do not participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your information.

5. WITH WHOM DO WE SHARE INFORMATION?

Vidyo may share your information as follows:

  • With our subsidiaries and controlled affiliates located in the U.S. or elsewhere, as we believe necessary for business purposes;
  • With our suppliers and Channel Partners, under appropriate non-disclosure and data security obligations for purposes of providing products or services to us or distributing our products and services
  • With government authorities or other third parties when Vidyo believes such action is necessary or desirable to respond to legal process or government demands; to protect our Customers or Users; to protect lives or property rights; or to maintain the security of our products or services; and
  • Customer and User information in Vidyo’s files may be transferred in a corporate reorganization transaction such as a sale or divestiture of the company or its assets. We may also transfer or assign such information in the course of a bankruptcy, dissolution or similar transactions or proceedings.\

MORE INFORMATION ABOUT VIDYO’S SHARING OF YOUR INFORMATION

  • Information may be shared among Vidyo and its subsidiaries and controlled affiliates as part of Vidyo’s regular business operations. Vidyo may also share information with its Channel Partners as required in connection with Sales Activities, supporting Customers and Users, and for other business purposes.
  • Like many businesses, Vidyo contracts with other companies to perform certain business-related functions, such as internet and telecommunications service providers, website hosting companies, data hosting companies, mail delivery companies, data analytics companies, fulfillment companies, credit card processors, tax integration services and other service providers. When we do, we may share with them information that they require to perform their specific functions. Suppliers to Vidyo that have access to your information are required to keep the information confidential, to maintain appropriate security and not to use the information for any purpose other than to carry out the services they are performing for Vidyo.
  • We may also provide aggregated statistical and analytical data collected and analyzed as part of our data analytics activities to third parties; however, no such information can be matched by Vidyo or aggregated with other information in our possession to identify or re-identify any specific Customer or User.
  • Customer and User information in Vidyo’s files may be transferred in a corporate reorganization transaction such as a sale or divestiture of the company or its assets. We may also transfer or assign such information in the course of a bankruptcy, dissolution or similar transactions or proceedings.
  • We will disclose information when we believes such action is necessary or desirable to respond to legal process or government demands or requests, to protect our Customers or Users, to protect lives or property rights, to maintain the security of our products or services, or to help defend ourselves against any claims or allegations.

6. HOW DO WE PROTECT YOUR INFORMATION?

Vidyo is committed to protecting the limited personal information you may share with us and takes steps to minimize the amount and types of data we collect as part of our services. We also use commercially reasonable and industry accepted physical, administrative, and technical safeguards to help protect personal information from unauthorized access or disclosure. However, the Internet is not a 100% secure environment and despite our safeguards we cannot warrant the full security of your information. While using Internet-connected services, you are responsible for maintaining the secrecy of your unique accounts and credentials and for controlling access to communications services such as email, and we recommend extra diligence in the protection of your own information.

7. WHAT ARE YOUR RIGHTS AND AVAILABLE CHOICES?

We respect your privacy rights and provide you with reasonable access and rights to the information that you may have provided to us. If you live in the European Economic Area (EEA), and wish to access, amend, delete, or transfer any personal data we hold about you, you may contact us as set forth in the “How Do You Contact Us?” section.

You have various choices with respect to our use of your information.

MORE INFORMATION ABOUT YOUR RIGHTS

If you are in the EEA, you have the right to access, rectify, block, transfer, complete and delete your personal information, and to restrict its use. You also have the right to request further information about the processing of your personal information.

In certain circumstances, you also have the right to object to the processing of your personal information by us. You may decline to share certain personal data with us, or object to our processing of that data, in which case we may not be able to provide to you with certain of our products and services or certain features or functionality thereof. In circumstances where you have provided your consent, you have the right to withdraw your consent, although this will not affect the lawfulness of any processing based on consent provided prior to withdrawal.

You can exercise the above rights by contacting us at any time as specified in section 14 “How Do You Contact Us or our Data Protection Officer?” below. All requests will be dealt with at the earliest reasonable opportunity.

There are exceptions to these rights. For example, access may be refused if it would reveal personal data about another person or if we are prevented from disclosing such information by law. Deletion of your personal data may be limited in situations where the data is still necessary in relation to the purposes for which it was collected, where we have a legitimate business interest which is not outweighed by your interests, rights or freedoms, or where retention is required by law.

You also have the right to make a complaint to the data protection supervisory authority or to seek a remedy through the courts if you believe that your rights have been breached.

CHOICES OFFERED BY THIRD PARTY ANALYTICS COMPANIES

At this time the following analytics companies used by Vidyo offer certain choices with respect to their collection and use of information. Please check this site regularly for changes.

Google Analytics: see: http://tools.google.com/dlpage/gaoptout

8. HOW LONG DO WE KEEP YOUR INFORMATION?

Vidyo will retain your information, whether or not your account is active, only for as long as it believes is necessary or desirable to fulfill Vidyo business purposes or to comply with applicable law, audit requirements, regulatory requests or orders from competent courts. When Vidyo disposes of your information, we will do so in a manner that prevents loss, theft, misuse, or unauthorized access.

9. WHAT RIGHTS DO YOU HAVE IN RESPECT OF OUR MARKETING ACTIVITIES?

From time to time, we would like to send you information by email about products or services provided by us which may be of interest to you (including, for example, newsletters and promotional communications). We offer you the opportunity to opt-out of receiving such information at the time you purchase our products and/ or services and after, as explained in this Privacy Policy.

10. CAN CHILDREN USE THE WEBSITE?

Our Websites and their content are not directed at persons under the age of 16. We do not knowingly collect or solicit information from anyone under the age of 16 or knowingly allow them to register for our products or services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide information on Our Websites or otherwise without their permission.

If we are informed that we have collected personal information from a person under age 16 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a person under the age of 16, please contact us as specified in section 14 “How Do You Contact Us or our Data Protection Officer?” below.

11. WHAT ABOUT LINKS TO OTHER WEB SITES AND SERVICES?

Our Websites as well as email messages you receive from us may link to websites, applications or other digital properties that have privacy provisions different than the provisions of this Privacy Policy. We recommend that you review such other privacy provisions carefully to assure your privacy is protected. Vidyo is not responsible for the practices employed by such linked third-party websites, applications or other digital properties, nor the information or content contained therein.

12. WHAT ARE CALIFORNIA PRIVACY RIGHTS?

Under California’s “Shine the Light” law, California residents who provide “personal information” (as defined in the law) in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the personal information we shared, if any, with other businesses for their direct marketing uses. If applicable, this information would include the categories of personal information and the names and addresses of those businesses with which we shared such personal information for the immediately prior calendar year (e.g. requests made in the current calendar year will receive information about the prior calendar year). To obtain this information please contact us as specified in section 14 “How Do You Contact Us or our Data Protection Officer?” below.

13. ARE CHANGES EVER MADE TO THIS PRIVACY POLICY?

As Vidyo’s business, practices, products and services, and/or applicable law and regulation, change from time to time, this Privacy Policy is expected to change as well. We reserve the right to amend the Privacy Policy at any time, for any reason. The date of the last revision to the Privacy Policy will be indicated by the “Effective Date” on the top of the first page of this Privacy Policy. Regularly reviewing this page ensures that you are always aware of what information we collect, how we use it and under what circumstances, if any, we will share it with other parties.

14. HOW DO YOU CONTACT US OR OUR DATA PROTECTION OFFICER?

If you have any questions about Vidyo’s privacy practices contact us, including your full name and address, by email to privacy@vidyo.com or by mail at:

Vidyo, Inc.,
Attn: Privacy Officer
433 Hackensack Avenue, 7th Floor
Hackensack, NJ 07601

For specific issues relating to this privacy policy, please contact our Data Protection Officer at: data.protection.officer@vidyo.com, or by mail at the address above.