Managed Cloud Services Privacy Statement
NTT Managed Services Americas Privacy Statement
Protecting privacy is important to NTT Managed Services Americas, LLC dba Secure-24, LLC (NTT Managed Services Americas). NTT Managed Services Americas and its United States affiliate Symmetry Corporation, NTT Managed Services Americas’ U.S. subsidiaries, and its wholly owned India subsidiary, (hereinafter collectively referred to as the “NTT Managed Services Americas,” “we,” “us” or “our”) comply with various laws/regulations regarding the protection of financial, Personal Information (PI), Personally Identifiable Information (PII) and Protected Health Information (PHI) data.
NTT Managed Services Americas maintains a privacy program in compliance with the ISO 27018 standard (Protection of PII in public clouds for PII processors) and acts in compliance with International and GDPR, Federal and applicable state privacy laws, as well as HIPAA, HITECH, Omnibus rule to safeguard the privacy of Protected Health Information (PHI). Onward transfers of customer data containing EU Personal Information relies on Standard Contractual Clauses (SCCs, aka Model Clauses). We are also self-certified with the European Union (“EU”)-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework, as set forth by the U.S. Department of Commerce, regarding the collection, use, and retention of personal information transferred from the European Union, the United Kingdom, and Switzerland to the United States. Secure-24, LLC and Symmetry Corporation are the covered entities for the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework.
Data We Collect
As a corporate entity we handle, store, and protect personnel and human resources data for the purposes of administering and carrying out the employment or personnel relationship for Secure-24 employees and contractors. Human Resources/Personnel Data may include Personal Data/Personal Information (PI), Personal Identifiable Information (PII), and/or Protected Health Information (PHI).
We handle, store, and protect customer data, which varies according to the purposes of the business services provided to potential and current customers in support of marketing and sales activities for improving services and/or maintaining marketing/customer relationships as well as other pertinent business contact data.
Furthermore, as a managed services provider we acquire, store, and transmit customer communications and customer operational information, which customers may regard as confidential, private, or sensitive as part of the customer service relationship. This customer classified data may or may not include Personally Identifiable Information (PII) and/or Protected Health Information (PHI).
A Data Protection Impact Assessment (DPIA) will be used to outline the lawful basis for processing the data as it relates to the use of Human Resources/Personnel Data, Marketing and Sales customer contact data, Customer Communications, and Customer Operational Information.
Personal Information Collected and Methods of Collection-Customers and Prospective Customers
From prospective customers, we collect the following information:
- First Name
- Last Name
- Phone Number
- Title (optional)
During the sales process, we may also collect additional information from either the individual or their employer in order to facilitate communication (e.g. additional phone numbers, addresses, etc.). This information is collected from the individual themselves either by filling out physical forms at events, or by correspondence with us such as a phone call or email. Information collected during the sales process shall be retained only as long as there is a legitimate business use.
We collect the following minimum personal information from individuals authorized by companies, who are our customers, to access and use our services:
- First Name
- Last Name
- Company Name
- Business Email Address
- Business Phone
In addition to the above information, we may also collect additional information from either the individual or their employer in order to facilitate communication (e.g. additional phone numbers, time zone the individual is in, etc.) and to identify and provide proof of identity (e.g. PIN numbers, pass phrases, manager’s name, etc.) for the individual.
This information is collected from either the individual themselves or provided to us by their employer.
Visitors, in accordance with the visitor policy, accessing our headquarters or data centers will have the following information collected:
- First Name
- Last Name
- Country of Residency
We may also collect additional information from the individual in order to satisfy Export Controls. Regular scans for employees and Ad Hoc scans of visitors will be conducted to ensure they are not from a Specially Designated Embargoed Nation, a Denied Person or Debarred Party, prior to the individual entering our headquarters or data centers. This information will be collected from the individual or the employer.
During the scanning process the individual may be asked to provide additional information if the above information reveals a match to a person on a watch list such as but not limited to; Specially Designated Embargoed Nation, Denied Persons, Debarred Parties, etc. This information Includes:
Data collected for the scanning process will be removed after the visitor no longer actively visits our premises. Data may also be removed if customer/visitor requests or if we no longer have a business reason to continue the scan.
Types of Personal Information that may be Collected and Methods of Collection – Vendors, Contractors, and Suppliers
We collect the following minimum personal information from individuals who are not our employees but require a badge for unescorted access to our offices and data centers (e.g. customers, contractors, vendors, suppliers, etc.) via Non-Employee Location Access Forms:
- First Name, Last Name, Middle Initial
- Company Name
- Government Issued ID
- Company Name
- Company Address
- Company City, State, and Zip Code
- Supervisor or Human Resources Contact
- Supervisor’s Phone
- Supervisor’s E-mail
In addition to the above information, we may also collect additional information from either the individual or their employer in order to facilitate communication (e.g., additional phone numbers, time zone the individual is in, etc.) and to identify and provide proof of identity (e.g., PINs, passphrases, manager’s name, etc.) for the individual. To comply with Export Controls, we may retain the information outlined in the above section to facilitate regular scans for vendors, contractors, and suppliers.
We will not knowingly market to, collect, or store any personal information from individuals under the age of 18.
Use of Audio, Video, Image, and Teleconference Recording
During the course of business, we may create and retain digital recordings or images for specific use cases such as phone calls to the service desk, images for entrance to an office or data center, video recordings of people in the offices or data centers, and teleconference meetings. We create recordings of audio and/or visual information during these events for business purposes of quality assurance, record-keeping/documentation, protection of assets, incident prevention, and/or security/legal/contractual obligations. Recordings shall only be retained for as long as required for business use. Data subjects are informed of audio recording in the automated greeting for calls to the service desk. Data subjects are notified of video surveillance and recording through signs posted at the entrances to our offices and data centers. Data subjects are notified of teleconference meeting recordings through a flashing “recording in progress” icon, audio announcements, system announcements, or meeting invite messages.
Personal information will be:
- Used only for the purposes identified at collection or in the notice and only if the individual has provided implicit or explicit consent unless a law or regulation specifically requires otherwise.
- Retained for no longer than necessary to fulfill the stated purposes, or for a period specifically required by law or regulation.
- Disposed of in a manner that prevents loss, theft, misuse, or unauthorized access.
We acknowledge that individuals have the right to access the personal information that we collect and maintain about them. An individual who seeks access, or who seeks to correct, amend, or delete data under the right to erasure, should direct their query to PrivacyNotice@secure-24.com. If requested to remove data, we will respond within 30 days.
Choice and Consent
Secure-24 shall offer individuals the opportunity to choose (to opt-in or opt-out) whether their Personal Information is (1) retained for the purpose of a potential or existing business relationship, (2) to be disclosed to a third party, or (3) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. For Sensitive Personal Information, we will give individuals the opportunity to affirmatively or explicitly (opt-out) consent to the use of their information or the disclosure of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. We shall treat Sensitive Personal Information received from an individual the same as the individual would treat it. The consequence of not providing consent is the inability of the requestor to access certain information and a lack of exchange of appropriate services between us and the requester, which is also subject to terms of any existing agreements between the parties. If there are any additional consequences for refusing to provide personal information or of denying or withdrawing consent to use personal information, individuals will be informed of this when the personal information is collected.
Onward Transfers/Disclosures to Third Parties
Personal information collected by us shall be disclosed to third parties only for the purposes described in the notice, and for which the individual has provided implicit or explicit consent, unless a law or regulation specifically requires or allows otherwise. We shall ensure that any third party vendor/sub-contractor we have procured for which Personal Information scoped to the European Union may be disclosed enter into legal agreements subject to appropriate safeguards (SCCs). Third parties who have legal agreements with us shall protect personal information in a manner consistent with the relevant aspects of our privacy policies or other specific instructions or requirements and are subject to law providing the same level of privacy protection as is required by SCCs. We shall take remedial action in response to misuse of personal information by a third-party vendor/sub-contractor to whom we have disclosed such information. Prior to disclosing Personal Information to a third party for purposes other than which it was originally collected or subsequently authorized by the individual, we shall notify the individual of such disclosure and allow the individual the choice (opt-out) of such disclosure. In cases of onward transfer to third parties (vendors/sub-contractors) of data of EU, UK, and Swiss individuals received pursuant to EU-U.S. and Swiss-U.S. Privacy Shield and/or SCCs, NTT Managed Services Americas is liable unless NTT Managed services Americas proves that it is not responsible for an event giving rise a potential damage.
Law Enforcement and National Security Requests
We also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. To date, we have never been requested by the U.S. government to provide access to any Personal Information under the Foreign Intelligence Surveillance Act (FISA) or otherwise.
We shall take reasonable steps to protect the Information from loss, misuse and unauthorized access, disclosure, alteration, and destruction. We have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the Information from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Further, we require that employees keep customer information confidential. We caution our customers that no medium of communication, including the Internet, is entirely secure. Accordingly, we cannot guarantee the security of information on or transmitted via the Internet and we are not responsible for loss, corruption or unauthorized acquisition and use of personal information, or for any damages resulting from such loss, corruption, unauthorized acquisition or unauthorized use.
Individuals are responsible for providing us with accurate and complete personal information, and for contacting us if correction of such information is required. We shall only process Personal Information in a way that is compatible with and relevant for the purpose for which it was collected or authorized by the individual. To the extent necessary for those purposes, we shall take reasonable steps to ensure that Personal Information is collected and maintained so that it is accurate, complete, current, and reliable for its intended use.
Access to personal information (PI, PII, ePHI)
Transparent Personal Information, Time Frame, and Cost
We shall, upon request, allow an individual access to their Personal Information for data that we have collected. Personal information will be provided to the individual in a concise, transparent, intelligible, and easily accessible form, in a reasonable timeframe, and at a reasonable cost, if any. Requests for Personal Information that is controlled by a customer will be routed to the appropriate customer privacy representative. We will assist customers with such requests pursuant to the Master Service Agreement (MSA) or Statement of Work (SOW).
Updating, Correcting, Amending, or Deleting Personal Information
We shall, upon request, allow data subjects to update, correct, amend or delete personal information held and controlled by us, except where the burden or expense of providing access would be disproportionate to the risks to the privacy of the individual in the case in question or where the rights of persons other than the individual would be violated. If practical and economically feasible to do so, we shall provide such updated or corrected information to third parties that previously were provided with the individual’s personal information.
We cannot process direct requests from data subjects to update, correct, amend, or delete personal information controlled by its customers. Such requests will be routed to the appropriate customer privacy representative. Handling of such requests and communication with data subjects where Personal information is controlled by our customers is the responsibility of each customer. We will assist customers with such requests pursuant to the MSA or SOW.
We shall authenticate the identity of individuals who request access to their personal information before they are given access to that information.
Denial of Access
We shall inform individuals, in writing, of the reason a request for access to their personal information was denied, the source of the entity’s legal right to deny such access, if applicable, and the individual’s right, if any, to challenge such denial, as specifically permitted or required by law or regulation.
Statement of Disagreement
We shall inform individuals, in writing, about the reason a request for correction of personal information was denied, and how they may appeal.
If a complaint or dispute cannot be resolved through our internal process, we agree to dispute resolution using (an independent resource mechanism) as a third-party resolution provider.
NTT Managed Services Americas, LLC dba Secure-24, LLC is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
EU-U.S. and Swiss-U.S. Privacy Shield Framework
NTT Managed Services Americas
Attn: Devin Iler, Security Governance and Privacy Manager
4000 Town Center, Suite 200
Southfield, MI 48075
NTT Managed Services Americas
4000 Town Center, Suite 200
Southfield, MI 48075
Phone: 248-784-1021 ext. 5545
We have further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by BBB National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/privacy-shield-complaints/ for more information and to file a complaint. This service is provided free of charge to you.
Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.
Human Resources Data Complaints
We have further committed to cooperate with the panel established by the EU data protection authorities (DPAs), the UK Information Commissioner’s Office (ICO), and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU, UK, and Switzerland in the context of the employment relationship.
Effective Date: 01 April 2022