1. Changes to this Policy
NTT America's policies and procedures for handling customer information have been created with the understanding that Internet technologies are still evolving and that Internet business methods are continuing to evolve to meet the needs and opportunities of the changing technologies. As a result, NTT America's policies and procedures are subject to change. The most recent version will be posted to the website and users acknowledge the policy as it exists when the customer uses the site.
2. What personal information do we collect?
We collect personal information to provide our services and solutions, to conduct our business, and to improve our products, services, and client service, and for certain other purposes explained below.
The type of personal information we collect will depend on the purpose for which it is collected and used. We will collect personal information to the extent that is reasonably necessary for that purpose.
The types of personal information that we might collect include, but are not limited to, the following:
- title or position;
- company name and details;
- business address;
- e-mail address;
- phone number;
- fax number;
- information that you provide to us through customer surveys; and
- information when you register for NTT America events and seminars.
If your organization is a client of NTT America and you do not agree to provide us with your personal information, this may limit our ability to provide our services and solutions to your organization.
This paragraph will only be applicable to the extent that you have applied for employment using our website. If you apply for employment with NTT America, we also collect personal information including details contained in letters of application and CV/résumé, previous employment background, education history, work-related licenses, certifications, or other professional credentials, and language(s) and other relevant skills. You may also voluntarily choose to provide other relevant personal information as part of your application. If you intend to provide us with personal information of a reference or any other third party as part of your application for employment, it is your responsibility to obtain consent from that third party prior to providing the personal information to us.
3. How do we collect personal information?
We collect personal information directly from you in various situations, including but not limited to the following:
- when you place purchase orders;
- when we respond to your inquiries and requests;
- during conversations or email exchanges between you and our representatives;
- when we obtain feedback from you about our solutions and services;
- when we conduct our administrative and business functions;
- when you register for our events, workshops and seminars or subscribe to our mailing lists and newsletters;
- when we market our solutions and services to you;
- through your access and use of our websites; and
- if you apply for employment with us.
- We also obtain personal information through third parties. For example, we may collect personal information from public databases, business partners, or third parties that provide list enhancement or similar services, to the extent permitted by applicable law.
We also supplement the personal information that you provide to us with information we receive from other companies in the NTT Group of companies to offer you a more consistent and personalized experience in your interactions with NTT America.
Where possible, we will inform you what information you are required to provide to us and what information is optional.
4. For what purposes do we collect, hold, use, and disclose personal information?
We will use your personal information only for the purposes for which it was collected or agreed with you. We collect, hold, use, and disclose personal information for purposes including but not limited to the following:
- to send communications about or products and services, including product updates;
- to establish, manage, and maintain our business relationships;
- to respond to inquiries and requests;
- to develop, provide, and improve our services and solutions;
- to inform you about our services and solutions;
- to obtain feedback from you on our services and solutions;
- to provide you with a more personalized experience when you interact with us;
- to conduct administrative and business functions;
- to update our records and keep contact details up to date;
- to enable you to subscribe to our website, newsletters and mailing lists and to register for NTT America events, workshops, and seminars;
- as permitted by law, to send email marketing communications;
- to process your application for employment with us, evaluate whether your qualifications may be suitable for other employment positions with NTT America, and for employment-related purposes if you are hired;
- to assess the performance of our websites and to improve its operation;
- to process and respond to privacy complaints;
- to comply with any law, rule, regulation, lawful and binding determination, decision, or direction of a regulator; industry codes to which we subscribe or which apply to us, in co-operation with any governmental authority of any country; or as we otherwise believe to be necessary or appropriate under applicable law.
5. To whom do we disclose personal information?
We disclose your information, including personal information, as follows:
- To other visitors of our website when you post comments or questions on public forums that we make available. We urge you to exercise caution when deciding to post any personal information online.
- To contractors, suppliers, and other third parties who provide business, marketing, and other services to us;
- To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock;
- To regulators, courts/tribunals, and other governmental authorities of any country, or other recipients as we believe to be necessary or appropriate under applicable law; and
6. How do we store and secure personal information?
We have instituted commercially reasonable processes that are designed to safeguard your personal information. We will, on an ongoing basis, continue to review our security controls and related processes to ensure that your personal information in our possession is secure.
Access to your personal information is limited to authorized individuals who have a legitimate business need to access your personal data in furtherance of as part of their job duties and responsibilities.
NTT America’s website is linked to the internet, and as the internet is inherently insecure, we cannot provide any assurance regarding the security of any transmission of information you communicate to us online. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.
7. Direct marketing
To the extent permitted by applicable law, we may send you direct marketing communications and information about our services and solutions that we consider may be of interest to you. We may send communications in various forms, including mail, SMS, fax, and email, in accordance with applicable laws.
If you do not wish to receive direct marketing communications from NTT America, you may opt-out of receiving them by using the opt-out mechanisms provided in those communications.
We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related communications from us, we may still send you important administrative messages, and you cannot opt-out from receiving administrative messages.
8. How can you access and correct personal information?
You have a right to ask us to update, correct or delete your personal information. If you wish to access, correct, update, suppress, or delete your personal information that has been previously provided to us, please send a written request to: GDPR@ntta.com.
Domain name customers that have a domain name hosted on servers operated by NTT America and wish to change the Technical Contact from NTT America to another company may send a request to email@example.com. It is important to note that customer domain name registration information is made publicly available in the registry of domain names.
Please note that we may need to retain certain personal information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion.
We would appreciate it if you would keep your personal information accurate. Please update your personal information whenever your details change.
9. Special Note for EU Individuals
The information we collect through the website is controlled by NTT America, which is headquartered in the United States at 757 3rd Ave., Fl. 14, New York, NY 100017. As described above, we also act as a service provider (or data processor) on behalf of and in accordance with our client’s instructions. When we act as a service provider, if you have questions about the processing of your information or to exercise any applicable legal rights, please contact our client.
The legal bases for using your personal information
We collect, use, and share your personal information where we are satisfied that we have an appropriate legal basis to do this. This may be because:
- Our use of your personal information is in our legitimate interest as a commercial organization (for example in order to make improvements to our products and services and to provide you with information you request); you have a right to object to processing as explained in the section below titled Your legal rights;
- Our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you (for example where we use your name and contact information to make travel reservations in the performance of our services); and/or
- Our use of your personal information is necessary to comply with a relevant legal or regulatory obligation that we have (for example, where we are required to undertake vetting to comply with safety and security regulations or where we are required to disclose personal information to a court or tax authority).
If you would like to find out more about the legal bases on which we process personal information, please contact us using the details below.
Your legal rights
Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you have certain rights in relation to your personal information:
Right to access, correct, and delete your personal information: You have the right to request access to the personal information that we hold about you and:(i) the source of your personal information; (ii) the purposes, legal basis and methods of processing; (iii) the data controller’s identity; and (iv) the entities or categories of entities to whom your personal information may be transferred.
You also have the right to request that we delete your information.
We are not required to comply with your request to erase personal information if the processing of your personal information is necessary for compliance with a legal obligation or for the establishment, exercise, or deference of legal claims.
Right to restrict the processing of your personal information: You have the right to restrict the use of your personal information when (i) you contest the accuracy of the data; (ii) the use is unlawful but you do not want us to erase the data; (iii) we no longer need the personal information for the relevant purposes, but we require it for the establishment, exercise, or defense of legal claims; or (iv) you have objected to our personal information use justified on our legitimate interests verification as to whether we have a compelling interest to continue to use your data.
We can continue to use your personal information following a request for restriction, where:
- we have your consent; or
- to establish, exercise or defend legal claims; or
- to protect the rights of another natural or legal person.
Right to data portability: To the extent that we process your information (i) based on your consent or under a contract; and (ii) through automated means, you have the right to receive such personal information in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller.
Right to object to the processing of your personal information: You can object to any processing of your personal information which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.
Right to obtain a copy of personal information safeguards used for transfers outside your jurisdiction: You can ask to obtain a copy of, or reference to, the safeguards under which your personal information is transferred outside of the EEA.
Right to lodge a complaint with your local supervisory authority: You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your personal information.
We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.
How to Exercise Your Rights: If you would like to exercise any of the rights described above, please send us a request at GDPR@ntta.com. In your message, please indicate the right you would like to exercise and the information that you would like to access, review, correct, or delete.
We may ask you for additional information to confirm your identity and for security purposes, before disclosing the personal information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.
We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.
Cross-border Transfer of Information
NTT America generally maintains servers and systems in the United States hosted by third party service providers. We also may subcontract the processing of your data to, or otherwise share your data with, other third parties in the United States or countries other than your country of residence. As a result, where the personal information that we collect through or in connection with our website is transferred to and processed in the United States or anywhere else outside the
European Economic Area (EEA) for the purposes described above, we will take steps to ensure that the information receives the same level of protection as if it remained within the EEA, including entering into data transfer agreements, using the EU Commission approved Standard Contractual Clauses, or by relying on certification schemes such as the EU - US Privacy Shield. You may have a right to details of the mechanisms under which your data is transferred outside the EEA.
10. Using our websites
In order to help ensure that appropriate data protection and privacy considerations are applied to your access and use of our website in accordance with applicable laws, we are required to identify the country from which you access and use our website. By accessing and using our website: (i) you warrant and represent that you have not taken any measures whatsoever to obscure your internet protocol address (which is the electronic addresses of computers or mobile devices connected to the internet) (“IP address”) in such a way as to make it impossible for our systems to identify the country from which you access and use our website; and (ii) you warrant, represent, and agree that should you access and use our website in contravention hereof, you do so entirely at your own risk and you disclaim any rights you may contend to have with respect to your country’s data protection and privacy considerations. You further hold NTT America harmless against any claims, including claims made by relevant authorities, arising out of your deliberate actions to obscure your IP address.
We may use Flash local shared objects (LSOs) and other technologies to, among other things, collect and store information about your use of an NTT America website. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to "information" on the Macromedia site), how to prevent Flash LSOs from being placed on your computer or mobile device without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with our online content.
Any activity you participate in on our website may be monitored. We log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyze trends, administer the website, track users’ movements, and gather broad demographic information.
Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members. If you are in the EU, you may opt-out of certain third party cookies that we and other websites may use for targeting through http://www.youronlinechoices.eu or www.aboutads.info.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.
Our website may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third-party website and we are not responsible for the privacy policies or the content of any third-party website. The inclusion of any link does not imply endorsement by NTT America of such site or the contents thereof. Use of or reliance on any external links is at your own risk.
11. Retention period
13. Contacting us
If you have any questions or concerns about how your personal information is being handled by NTT America, please contact us as follows:
NTT America, Inc.
Attn: Legal Department
757 Third Avenue, 14th Floor
New York, NY 10017
© 2018 NTT America, Inc.