Privacy Notice

Last Modified: June 29, 2022

 

CONTENTS

____________________________________________________________

CLAUSE

1.    Important information and who we are........................................................................................................... 1

2.    The data we collect about you........................................................................................................................ 3

3.    How is your personal data collected?.............................................................................................................. 4

4.    How we use your personal data...................................................................................................................... 5

5.    Disclosures of your personal data................................................................................................................... 8

6.    International transfers.................................................................................................................................... 9

7.    Data security............................................................................................................................................... 10

8.    Data retention............................................................................................................................................. 10

9.    Your legal rights......................................................................................................................................... 10

10.      Glossary................................................................................................................................................. 12

 

AVIAT NETWORKS respects your privacy and is committed to protecting your personal data. This Website Privacy Notice will inform you as to how we look after your personal data when you visit our Website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

1. Important information and who we are

Purpose of this Website Privacy Notice

This Website Privacy Notice aims to give you information on how AVIAT NETWORKS collects and processes your personal data through your use of the website https://aviatnetworks.com/, https://aviatcloud.com/, https://go.aviatnetworks.com/; https://investors.aviatnetworks.com/, https://aviat-store.aviatnetworks.com/ (each one and collectively the “Website”), including any data you may provide through the Website when you contact us, sign up to our newsletter, register for an event via our Website, require access to a resource available on our Website, register as user of our AviatCloud applications available on the Website, purchase a product or service via the AviatStore application available on the Website.

The Website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this Website Privacy Notice together with any other privacy policies or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Website Privacy Notice supplements other notices and privacy policies and is not intended to override them.

Controller

The AVIAT NETWORKS Group is made up of different legal entities. This Website Privacy Notice is issued on behalf of the AVIAT NETWORKS Group so when we mention "AVIAT NETWORKS", "we", "us" or "our" in this Website Privacy Notice, we are referring to the relevant company in the AVIAT NETWORKS Group responsible for processing your data. AVIAT U.S., Inc. is the controller and responsible for this website.

We have appointed a Data Privacy Office who is responsible for overseeing questions in relation to this Website Privacy Notice. If you have any questions about this Website Privacy Notice, including any requests to exercise your legal rights, please contact the Data Privacy Office using the details set out below.

       Aviat U.S., Inc.

       Data Privacy Office

       Attn. Erin Boase

       200 Parker Drive, Suite C100A, Austin, Texas 78728, United States

       privacy@aviatnet.com

Changes to the Website Privacy Notice and your duty to inform us of changes

We keep our Website Privacy Notice under regular review. This version was last updated on June 29, 2022.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Website, we encourage you to read the privacy policy of every website you visit.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, last name, job title, name of business you are representing, country of location, industry relevant for the business you are representing.
• Contact Data includes billing address, delivery address, email address and fax and/or telephone numbers and may include records and copies of your correspondence (including email address) if you contact us.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you and other details of order fulfilment regarding products and services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our Website.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our website, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Website Privacy Notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. How is your personal data collected?

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your personal information by filling in forms on our Website or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • apply for our products or services via our Website;
  • create an account on our Website;
  • subscribe to our newsletter or request resources to be sent to you;
  • enter a survey; or
  • give us feedback or contact us.
• Automated technologies or interactions. As you interact with our Website, we will automatically collect Technical Data about your equipment, browsing actions and patterns, including details of your visits to our Website (such as traffic data, location data, logs, and other communication data and the resources that you access and use on the Website) and information about your computer and internet connection, including your IP address, operating system, and browser type. We collect this personal data by using cookies, server logs and other similar technologies.
• Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
  • Technical Data from analytics and search information providers such as but not limited to Google;
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
  • Identity and Contact Data from publicly available sources.

4. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.

Click here to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Website and its contents to you.
• To provide you with information, products, or services that you request from us.
• To register you as a user of our Website.
• To process and deliver your order, to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To manage our relationship including by asking you to provide feedback or participate in surveys.
• To administer and protect our business and the Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).
• To use data analytics to improve our Website, products/services, marketing, customer relationships and experiences.
• To deliver relevant Website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.
• To make suggestions and recommendations to you about goods or services that may be of interest to you.
• To notify you about changes to our Website or any products or services we offer or provide though it.
• To allow you to participate in interactive features on our Website.
• In any other way we may describe when you provide the information.
• To fulfil any other purpose for which you provide it.
• For any other purpose with your consent.

Opting out

You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out above.

• To our subsidiaries and affiliates.
• To contractors, professional advisers, service providers, and other third parties we use to support our Website, our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them
• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Website Privacy Notice.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Terms of Use or Terms of sale and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of AVIAT NETWORKS, our customers, or others.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. Location of information

Aviat U.S., Inc. is located in the United States of America and the affiliated entities within the AVIAT NETWORKS Group are located throughout the world. During your use of the Website and your interactions with us, your personal information may be transferred outside of your home country and may be stored in and accessed from multiple countries.

Whenever we transfer personal information to other jurisdictions, we will ensure that the information is transferred in accordance with this Website Privacy Notice and as permitted by the applicable data protection laws.

7. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. All information you provide to us is stored on secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

8. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances you can ask us to delete your data: see your legal rights [AP2] below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Right to withdraw consent.

If you wish to exercise any of the rights set out above, please log into the Website and visit your account profile page or contact us at privacy@aviatnet.com.

Only you, or someone legally authorized to act on your behalf, may make a request related to your personal information.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

You do not need to create an account with us to submit a request relating to your personal data. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in the request to verify the requestor's identity or authority to make it.

10. Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

• If you want us to establish the data's accuracy.
• Where our use of the data is unlawful but you do not want us to erase it.
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.