Privacy Policy

SAFE HARBOR PRIVACY POLICY

This Safe Harbor Privacy Policy (the “Policy”) sets forth the privacy principles GTT follows with respect to transfers of personal information from the European Economic Area (EEA) (which includes the twenty-seven member states of the European Union (EU)) to the United States. GTT is a cloud-network provider and in this capacity GTT receives information transferred from the EEA to the United States as a processor. GTT also collects personal information of employees in the ordinary course of their employment. Not only does GTT strive to collect, use and disclose personal information in a manner consistent with the laws of the countries in which it does business, but it also has a tradition of upholding the highest ethical standards in its business practices.

SAFE HARBOR

The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions to enable U.S. companies to satisfy the requirement under European Union law that adequate protection be given to personal information transferred from the EEA to the United States (the “U.S.-EU Safe Harbor”). The EEA also has recognized the U.S.-EU Safe Harbor as providing adequate data protection. Consistent with its commitment to protect personal privacy, GTT adheres to the U.S.-EU Safe Harbor Framework.

SCOPE

This Policy sets forth the privacy principles under which GTT manages the processing of personal information transferred over GTT’s network services (the “Services) and received by GTT as a processor in the United States from the EEA.

DEFINITIONS

For purposes of this Policy, the following definitions shall apply:
“Agent” means any third party that collects or uses personal information under the instructions of, and solely for, GTT or to which GTT discloses personal information for use on GTT’s behalf.
“GTT” means GTT (GTT Communications, Inc.) its predecessors, successors, subsidiaries, divisions and groups.
“Personal information” means any information or set of information that identifies or could be used by or on behalf of GTT to identify an individual. Personal information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public personal information.

“Sensitive personal information” means personal information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, views or activities, that concerns health or sex life, information about social security benefits, or information on criminal or administrative proceedings and sanctions other than in the context of pending proceedings. In addition, GTT will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.

PRIVACY PRINCIPLES

The privacy principles in this Policy have been developed based on the Safe Harbor Principles.
NOTICE: When you use the Services, GTT operates under the assumption that it is your obligation as data controller to notify your customers about the purposes for which GTT collects personal information about them, the types of non-agent third parties to which GTT discloses that information, the choices and means, if any, GTT offers individuals for limiting the use and disclosure of personal information about them, and how to contact GTT. As the data processor, GTT makes available to you this Policy so that you can better understand GTT’s data practices and whether they are consistent with privacy notices you make available to your customers.

CHOICE: When you use the Services, the U.S.-EU Safe Harbor requires that members offer your customers a choice to opt-out of uses and disclosures of their data that are incompatible with the purposes for which that data was originally collected or subsequently authorized. GTT operates under the assumption that it is generally your obligation as data controller to obtain from your customers the appropriate consent to transfer and process their data to GTT. As your data processor, GTT will not share, sell, rent, or trade with third parties for their marketing purposes any of your data or your customer’s data collected by us, unless you direct us to do so and have the appropriate authorization to do so.
DATA INTEGRITY: GTT will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by you. GTT will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.
TRANSFERS TO AGENTS: GTT will obtain assurances from its agents that they will safeguard personal information consistently with this Policy. Where GTT has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy, GTT will take reasonable steps to prevent or stop the use or disclosure.
ACCESS AND CORRECTION: Upon request, GTT will grant individuals reasonable access to personal information that it holds about them. In addition, GTT will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.
SECURITY: GTT will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
ENFORCEMENT: GTT will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that GTT determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.
DISPUTE RESOLUTION: Any questions or concerns regarding the use or disclosure of personal information should be directed to the GTT Privacy Office at the address given below. GTT will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information by reference to the principles contained in this Policy. For complaints that cannot be resolved between GTT and the complainant, GTT has agreed to participate in the following dispute resolution procedures in the investigation and resolution of complaints to resolve disputes pursuant to the Safe Harbor Principles: binding arbitration with JAMS in accordance with its Commercial Arbitration Rules and Mediation Procedures. Solely with respect to complaints by GTT employees that cannot be resolved internally, GTT agrees to work with the relevant Data Protection Authority to resolve such matter.
LIMITATION ON APPLICATION OF PRINCIPLES
Adherence by GTT to these Safe Harbor Principles may be limited (a) to the extent required to respond to a legal or ethical obligation; (b) to the extent necessary to meet national security, public interest or law enforcement obligations; and (c) to the extent expressly permitted by an applicable law, rule or regulation.
CONTACT INFORMATION
Questions or comments regarding this Policy should be submitted to the GTT Privacy Office by mail to: GTT, 7900 Tysons One Place, Suite 1450, McLean, VA 22102
Effective Date: November 5, 2015