NTT Global Data Centers America's Privacy Policy Statement

NTT PRIVACY POLICY

Last Updated: March 24, 2021

1. Introduction

NTT Global Data Centers Americas, Inc. and its affiliates (collectively ’NTT’, ‘us’, ‘we’,  ‘our’) understand the importance of ensuring that we collect, use, store, share and dispose of (collectively ‘Use’) information about you (‘Personal Data’) in a fair, ethical, transparent, secure and lawful way.

This Privacy Policy describes what Personal Data we Use about you, how we Use it, who we share it with, and your choices and rights in relation to your Personal Data.

This Privacy Policy applies to our Use of your Personal Data in our interactions with you through our website www.ragingwire.com and any other site operated by us,  and social media sites (“Sites”), our newsletters, email communications, or Personal Data about you that we may collect offline at an event, via phone, text, or other methods of communications or that we receive from other parties.

In certain locations around the world, we have additional requirements that apply to how we Use your Personal Data. Please see the applicable privacy notices and statements for these locations. If you are a California resident, please also see our California Privacy Notice located here

This Privacy Policy is incorporated into, and part of, our Terms of Use that govern the use of our Sites.  We may update this statement from time to time, as specified in the “Changes to This Privacy Policy” section below.

If you have any questions about how we Use your Personal Data or would like to file a complaint, please contact us at legal@ragingwire.com.

2. Consent

You should read this entire Privacy Policy before submitting information to us or using our Sites. Whenever you submit Personal Data to us, you consent to the collection, use, disclosure, transfer and storage of that information in accordance with this Privacy Policy.

We may make full use of all Personal Data that is de-identified, aggregated, or otherwise not in personally identifiable form.

3. Information we collect about you

Personal Data is any information that identifies you or relates to you.

We collect Personal Data about you from different sources including: Personal Data that we collect directly from you; Personal Data that we collect about you using automated technology as you use our Sites; and Personal Data that we collect from other sources, including but not limited to service providers, entities providing data analysis and analytics, advertising, social media and social networking websites and other entities, as described in this Privacy Policy.  Automated technology collects information from your computer or mobile device and includes cookies, web beacons, local shared objects, or other similar technology.  More information is given in the “Cookies and Other Technology” section below.

The type of Personal Data that we collect about you varies based on our interactions with you.

  • Personal Data that we collect directly from you.

    We collect Personal Data directly from you in the following circumstances:

    • Onboard you as a client: we collect your name, business contact information, job title, and employer name when we onboard you as a client or representative of one of our clients
    • Purchase our products, services or solutions: to place an order for our products, services and solutions you must first create an account (see above for information collected); in addition to the information collected through the account creation process, we also will collect your payment information
    • Contact us or provide feedback: if you make an inquiry or request information from us, we may collect your name, contact information, job title, industry, location, and inquiry information. We may also obtain your feedback about our products, services and solutions when you respond to our surveys
    • Subscribe to our mailing lists or newsletters: if you request newsletters or join our mailing lists, we collect your email address
    • Download white papers, reports, or other collateral: we may collect your name, contact information, job title, industry and location
    • Register and attend our events, workshops, or seminars: we collect your name, contact information, meal preferences, contact preferences, and additional information as may be noted in our event forms
    • Use our Sites: when you use our Sites, we will collect information about your use of the Site and any information that you submit through that Sites.
    • Visit our facility: when you visit our offices and facilities in-person.
    • Interactions on our social media pages: if you post to our social media pages, we may collect information about you from your post.
  • Personal Data that we automatically collect.

    We, automatically collect the following information about your use of our Sites and our Sites: your domain name; your browser type and operating system; web pages you view; links you click; language preferences; demographic information such as your marketing preferences; your IP address; the length of time you visit or use our Sites; and the referring URL, or the webpage that led you to our Sites. We may also collect your approximate location through collection of your IP address.

  • Personal Data we collect from other sources.

    We also collect Personal Data from other sources, as follows:

    • Our affiliates: subject to applicable law, and, where required, your consent, our affiliates may provide your contact information to us if they believe that a product, service or solution may be of interest to you.
    • Our business partners: we collect information about you from our business partners with whom we offer co-branded services or engage in joint marketing activities.  We also collect information from social media companies including Google, Facebook, and LinkedIn.
    • Third Party Service Providers: we collect information about you from service providers.
    • Public databases or list enhancement services: we obtain information about you from public databases, consumer reporting agencies, referral companies and list enhancement services. For example, we may use a service provider to verify mailing addresses. In some instances our external service provider may perform mailing activities and we do not obtain the updated address information or genetic information, religion, political beliefs, union membership, race or sexual orientation and ask that you do not send or provide this information to us.

You can choose not to provide Personal Data to us in certain circumstances. However, if your Personal Data is necessary to provide you with our products, services or solutions, access to our Sites, or to perform administrative functions, we may be unable to do these things without your Personal Data.

4. How we Use information about you

We may Use your Personal Data to:

  • enable you to effectively use and to improve our products, services and solutions. For example to:
    • perform administrative and business functions and internal reporting
    • send administrative information to you and manage our business relationship with you
    • obtain feedback from you about our products, services and solutions including through client satisfaction surveys, in which event, we will only Use your Personal Data for the sole purpose of sending you a survey (through our third party Customer Experience Management platform)
    • assess the performance of our Sites and to improve their operation
    • process your orders and provide you with our products, services and solutions
    • provide you with current information about our products, services and solutions
    • respond to your inquiries and fulfil requests made by you
    • update our records and keep your contact details up-to-date
    • to provide customer service and support
  • Provide you with marketing materials and to personalize your experience. For example to:
    • send marketing communications to you
    • provide you with a more personalized experience when you interact with us
    • enable you to subscribe to our newsletters and mailing lists
    • enable you to manage your marketing and cookie preferences
    • enable you to register for events, workshops and seminars hosted by us
  • Achieve our business purposes and analyze information. For example to:
    • establish, manage, and maintain our business relationship with you
    • compile usage statistics for our Sites
    • process and respond to privacy requests, questions, concerns and complaints
    • fulfil our contractual obligations
  • For research and analytical purposes. For example to:
    • better understand how you use our Sites
    • improve our products, services and solutions
    • evaluate product, service and solution demand
    • administer surveys and questionnaires, such as for market research or client satisfaction requirements
  • To comply with our legal obligations. For example to:
    • investigate, prevent, or take action regarding illegal activities, suspected fraud
    • investigate violations of our Terms of Use or this Privacy Policy.

5. How we share information about you

We may share your Personal Data with the following parties for the purposes set out in this Privacy Policy (as applicable):

  • Our affiliates: for the purposes set out in this Privacy Policy. NTT is the party responsible for the management of jointly Used Personal Data.
  • Third party Business partners including social media companies: to offer co-branded services or engage in joint marketing activities; to engage in targeted advertising; to obtain analytics information.
  • Service providers: to provide operational services or facilitate transactions on our behalf, including but not limited to processing of orders, assisting with sales-related activities or post-sales support, client support, email delivery, data analytics, survey distribution and insights, and auditing
  • to respond to a request for information by a competent authority in accordance with, or required by any applicable law, regulation or legal process; or where necessary to comply with judicial proceedings, court orders or government orders.

We also may share Personal Data in the following circumstances:

  • When you provide us with consent to do so
  • In connection with, any joint venture, merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or to another company and to our advisors and the advisors of the other company in such transactions
  • To protect the rights, property or safety of NTT, its business partners, you, or others, or as otherwise required by applicable law including to enforce our legal agreements and policies

When we share Personal Data with our service providers or other parties, we have taken reasonable efforts to ensure that they implement appropriate physical, administrative and technical safeguards to protect Personal Data and are not permitted to use Personal Data for any purpose other than the purpose for which they are provided with or given access to Personal Data.

6. How we protect information about you

We are committed to protecting your Personal Data from accidental or unlawful destruction, loss, alteration, unauthorized access or disclosure by using a combination of physical, administrative and technical safeguards and contractually requiring our service providers to whom we disclose your Personal Data to do the same.

You are required to take reasonable steps to protect your Personal Data (e.g. by not sharing your passwords, choosing strong passwords and other measures).  Please keep in mind, however, that there is no such thing as perfect security, and no Internet transmission is ever completely secure or error-free. Although we strive to protect your Personal Data in accordance with this Policy, we will not be liable for disclosure of Personal Data obtained due to errors in transmission or security breaches.

7. How long we keep information about you

We keep information about you for as long as is necessary to fulfil the purpose for which it was collected, unless we are required to keep it for longer to comply with our legal obligations, resolve disputes, protect our assets, or enforce our rights. The criteria we use to determine how long we keep Personal Data includes:

  • we are under a legal, contractual or other obligation to keep your Personal Data, or as part of an investigation for litigation purposes
  • your Personal Data is needed to maintain accurate business and financial records
  • there are automated means to enable you to access and delete your Personal Data at any time
  • you have consented to us keeping your Personal Data for a longer time period and we keep your Personal Data in line with your consent

In some instances, we may anonymize your information in accordance with our policies and may keep those anonymized records for longer periods.

8. Data Protection rights under GDPR

The data controller who collects and processes your Personal Information is:  NTT Global Data Centers Americas, Inc., 1625 West National Drive, Sacramento, California 95834.

 

9.  Legal Basis for Processing Personal Information under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), NTT’s legal basis for collecting and using the Personal Data described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.  In addition, we process Personal Data with the principle of data minimization in mind.  This means that we limit ourselves to the minimum amount of Personal Data which is needed to achieve the particular purpose for which we process the Personal Data. 

NTT’s legal basis for processing include:

  • Performance of or entry into a contract with you or your employer: to provide our products, services or solutions to you and to take action on your requests.
  • Our legitimate business interests: to protect our legitimate business interests or those of a third party with whom we share your Personal  Data. In particular, we rely on legitimate interests for the purpose of managing, operating or promoting our business, including direct marketing, and intra-NTT transfers of Personal Data for business and administrative purposes. Whenever we rely on this basis to Use your Personal Data, we assess our business interests to ensure that they do not override your fundamental rights and freedoms. Additionally, you may have the right to object to our Use of your Personal Data in certain circumstances. See the ’Your Rights’ section of this Privacy Policy.
  • Compliance with a mandatory legal obligation: to ensure that we comply with applicable laws and regulations that govern and regulate how we do business.
  • where you have provided consent to us to Use your Personal Data.

10.  Cross-border transfers

As part of a global company operating in over 70 countries worldwide, we may transfer your Personal Data to countries where we do business or to international organizations in connection with the purposes identified above and in accordance with this Privacy Policy.

When we transfer your Personal Data outside of the country from where it was originally collected to a third country or international organization we ensure that appropriate safeguards are in place, in line with applicable law, to ensure that your Personal Data is protected. You may obtain a copy of these safeguards by contacting us in accordance with the ‘How to contact us’ section below.

11. Your rights

You have rights under various data protection laws in various countries in relation to your Personal Data but we offer them irrespective of your location.

We are committed to upholding your rights, including:

  • Right to be informed: you have a right to know what Personal Data we have about you, what we do with it, where we get it from, who we share it with, how long we keep it and why we need it
  • Right of access: you have the right to access your Personal Data and obtain a copy of your Personal Data from us
  • Right to rectification: you have the right to update inaccurate and/or incomplete Personal Data about you
  • Right to be forgotten: you have the right to have your Personal Data erased, deleted or destroyed.
  • Right to data portability: you have the right to move, copy or transfer your Personal Data in a safe and secure way and reuse it for your own purposes
  • Right to withdraw consent: you have the right to withdraw consent at any time regarding the Use of your Personal Data where NTT relies on your consent to process the Personal Data or in relation to direct marketing activities
  • Right to restrict Use: you have the right to limit the way we Use your Personal Data
  • Right to object: you have the right to stop or prevent us from Using your Personal Data. In particular, you can object to our Use of your Personal Data for direct marketing or the sale of your Personal Data
  • Right to challenge automated decisions: you have the right to query and review decisions made about you using purely automated means (i.e. without human involvement or intervention)
  • Right to complain: you have the right to make a complaint or raise a concern about how we Use your Personal Data. Complaints may be made directly to us or a relevant Data Protection Authority

Where you contact us we may request specific information from you to verify your identify to enable us to assist you. Where permitted under applicable law we may charge you a reasonable fee to access your Personal Data, however we will advise you of any fee in advance.

In some cases, we may not be able to meet a request due to other legal or regulatory factors, or we may not be required to enforce these rights under applicable law. We may also have a legitimate business interest to decline a request to action your rights.

You may contact us with requests, complaints or questions regarding these rights as set forth in the ‘How to contact us’ section, below.

12. Cookies and similar technologies

Automated technology collects information from your computer or mobile device and includes cookies, web beacons, local shared objects, or other similar technology.  A cookie is a small piece of information sent by a website that is saved on your hard drive by your computer's browser.  A "web beacon" is a small object or image that is embedded into a web page, application, or email and is used to track activity.  They are also sometimes referred to as pixels and tags.

Cookies assist us with activities such as:

  • enabling you to sign-in to our Sites
  • authenticating you
  • keeping track of information you have provided to us
  • improving your browsing experience
  • customizing our interactions with you
  • storing and managing your preferences and settings
  • compiling statistical data
  • analyzing the performance and usability of our Sites
  • measuring traffic patterns for our Sites
  • determining which areas of our Sites have been visited

These technologies collect information that your browser sends to our Sites including using data, such as your browser type, information about your IP address (a unique identifier assigned to your computer or device which allows your PC or device to communicate over the Internet), together with the date, time and duration of your visit, the pages you view and the links you click.

Our Sites may also contain web beacons or similar technologies from service providers, advertisers, social media companies, analytics providers, through which they collect information about your activities across our Sites to help us compile statistics.

For more information on how we use cookies and other technologies please see the relevant Cookies Statement.

To find more information about cookies and for instructions on how to disable them please visit www.allaboutcookies.org or visit the help section of your browser.  Most browsers are initially set to allow cookies, but also offer the option to restrict cookies or warn you of their use.

13.  Third Party Advertising and Analytics Disclaimer

When you access our Sites, we and third parties including advertising companies, social media companies, business partners and  service providers use cookies  and similar technologies including scripts, embedded web links, web beacons, Local Shared Objects (flash cookies) and Local Storage (HTML 5) to collect Personal Data for the purposes described in this Privacy Policy including targeted advertising, marketing, analytics, and monitoring performance and improvement of our Sites and services (traffic, errors, page load time, popular pages, etc.).  You can opt out of  remarketing and targeted advertising as follows.  Residents of the European Economic Area (EEA) that have the right to opt-out of decisions based solely on automatic decision-making may also opt-out of behavioral remarketing as follows.

Analytics

Google Analytics and Facebook Pixel.  We use Google Analytics and Facebook Pixel to understand how the Sites, services, and products perform, how you use them, and to serve you with ads on third-party websites and social networking sites like Facebook.  To learn more about how Google processes your data, please visit:  https://www.google.com/policies/privacy/.  To opt out of Google Analytics, please install the Google Analytics Opt-out Browser Add-on by visiting:  https://tools.google.com/dlpage/gaoptout.  To learn more about how Facebook uses your data, please visit:  https://www.facebook.com/policy.php.

Advertising

Facebook Ads.  To understand more about Facebook advertising and manage your preferences, please visit:  https://www.facebook.com/about/ads.  Login to Facebook and go to Settings > Ads > Ad Settings (web) or Ad Preferences > Ad Settings (app) for more information.

LinkedIn Ads.  To understand more about LinkedIn advertising please visit the LinkedIn Privacy Policy at https://www.linkedin.com/legal/privacy-policy?trk=hb_ft_priv#use.   To manage your preferences please visit: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out

Universal Opt-out. You can also opt out from companies like Google, Facebook, LinkedIn and other participating companies through the Digital Advertising Alliance in the USA:  http://www.aboutads.info/choices/.  You can also opt out of participating companies from the European Interactive Digital Advertising Alliance in Europe:  http://www.youronlinechoices.eu/, or opt out using your mobile device settings.

14. Links to third party websites and applications

Our Sites may provide links to the websites of other parties. Some of the content, advertising, and functionality of our Sites may be provided via other parties that are not affiliated with us.

We are not responsible for and make no representations or warranties in relation to the security, privacy practices and content of these websites. Please ensure that you read the applicable privacy and cookies policies of these third party sites before sharing Personal Data on these third party sites. Your use of such third party sites is at your own risk.

You may also interact with us through social media plug-ins by ‘liking’ or sharing information provided on our Sites. Social media plug-ins are operated by the social network themselves (such as Facebook, LinkedIn, Twitter, Google+, etc.) and are subject to the terms of use, privacy and cookies policies of the respective social network. Please ensure that you are familiar with these.

15. Direct marketing communications

We may send you direct marketing communications about our products, services and solutions.

You can choose whether you wish to receive marketing communications from us.

You may opt-out of receiving marketing materials from us at any time and manage your communication preferences by:

  • selecting the option to ‘Unsubscribe’ included in our communications with you and at the bottom of our Sites
  •  
  • sending an email to hello@ragingwire.com

Once we have received and verified your opt-out request, we will comply with your request as soon as is reasonably practicable.

If you opt-out of receiving marketing related communications from us, we may still send you administrative messages as part of your ongoing use of our products, services and solutions, which you are unable to opt-out of.

We do not provide your Personal Data to unaffiliated parties for their own direct marketing purposes or sell, rent, distribute or otherwise make Personal Data commercially available to any third party.

16. Intended Audience of Site; Children's Privacy

We are in compliance with the requirements of the Children’s Online Privacy Protection Act (“COPPA”) and other applicable privacy laws. Our Sites, social media accounts and online activities are not directed to children under the age of 13. As a result, our website does not request or knowingly collect personal data from individuals under the age of 16 or elsewhere. We encourage parents and guardians to take an active role in their children’s online activities.  If you believe that we may have collected Personal Data about someone who is under the applicable age of consent in your country without proper consent of the child’s parent or guardian, please contact us by sending an email to legal@ragingwire.com.

17. Updates to our Privacy Policy

We may update our Privacy Policy at any time. If we do, we will update the ‘Version’ and ’Last update’ information at the top of our Privacy Policy.

We encourage you to regularly review our Privacy Policy to stay informed about how we Use your Personal Data and privacy practices.

18. How to contact us

If you have any questions about how we Use your Personal Data, have a privacy concern, or wish to make a request or complaint relating to your Personal Data, please contact us at legal@ragingwire.com.