Data Privacy and Protection

1 Privacy Statement

This Privacy Notice explains our privacy practices and provides information on how and why we collect, use and share data from our customers and end users of our products and services. This Privacy Notice applies to Hortium Products and Services with in Hortium and UCA solutions.

a. INFORMATION WE COLLECT
As used in this Notice, “personal information” or “personal data” means any information or data relating to an identified or identifiable natural person including name (first name, surname), department, extension number, SIP address, numbers dialled and usage information.

Usage information –

• activity in relation to Traffic data about the communications that take place through the company Application and UC&C platform (such as calls, team chat, video conferencing) to enable us to transmit those communications effectively and efficiently;
• Network Monitoring data to enable us to maintain and deliver data on the performance, the security and agility of internal networks;
• log data about personnel use of the Services;
• device data about any device used with the Application and UC&C platform;
• Call Detail Records of data record produced by a telephone call or other telecommunications transactions. The record contains various attributes of the call, such as time, duration, completion status, source number and destination number;
• Meta data, which is data created about other data which can include size, formatting, other characteristics of a data item;
• Email addresses of personnel to receive scheduled reports;
• Billing data, including individual license, service and call costs

b. INFORMATION WE USE
We may use the personal information we collect from you for a range of purposes, specifically related to support and diagnostical investigation and fixing, answering requests for assistance with formulating reports and/or configuring dashboards. The full set of support services are detailed in section B of this document.

c. SHARING AND DISCLOSURE OF INFORMATION TO THIRD PARTIES
We will not rent or sell personal information about you or your personnel. We do not engage any third party services other than Microsoft Azure hosting services (https://privacy.microsoft.com/en- gb/privacystatement) for the delivery of our services.

However, we may need to comply with law enforcement agencies, regulatory or governmental bodies, or other third parties relating to the legal process, or to comply with any legal obligation; protect or defend our rights, interests or property or that of third parties; prevent or investigate wrongdoing.

d. YOUR PRIVACY RIGHTS
Update and access to your information
Where we process personal information, we provide individuals with the opportunity to access, review, modify, and delete any such personal information that we process.

Requests from End Users
If you believe we may have collected or stored personal information, contact your administrator.

e. SECURITY
Keeping your information secure is important to Hortium. Hortium maintains a variety of appropriate technical and organisational safeguards to protect your personal information during transmission and once it is received.

Hortium has adopted high standards of protecting the personal data of individuals that it does not have a direct business relationship with, such as personal data processed by the systems of its corporate clients that Hortium is supporting. Hortium employees will only view personal data when they are explicitly instructed to do so by the client, and they will strictly follow the instructions of the client. Under no circumstances will Hortium employees attempt to view or process the following types of personal data without the prior written consent and instructions of the corporate client:

• Seeking access to personal data that they are not authorized to access;
  • Asking for or opening computer files, messages, or other media that may be expected to contain personal data;
• Sharing screens that display personal data with unauthorized individuals;
• Providing personal data in computer files, messages, or other media to unauthorized individuals;
  
  • Letting unauthorized individuals participate in video-conferences where personal data is shared, or is expected to be shared;
  • Letting unauthorized individuals gain access or otherwise involve them in personal data processing;
  • Recording video-conferences, making copies of personal data in any other way;
  • Accessing production databases, systems or log files;
  • Altering or destroying files, databases, printed documents that may contain personal data;
  • Starting or stopping computer systems that are involved in personal data processing; and
  • Altering security, access control or permission mechanisms that change expose of personal data.

When Hortium employees engage in, or are exposed to, personal data that they thereafter realise is unauthorised by a client, such employee will immediately terminate the processing (terminate screen sharing, stop examining computer files, and perform other actions as appropriate) and will inform Hortium’s designated Data Protection Officer of the unauthorised processing.

While we endeavour to protect our Customers’ information, we cannot guarantee that unauthorised access, hacking, data loss or a data breach will not occur.

f. DATA RETENTION
We will retain your personal information for no longer than the period specified by the customer. law, for legal, tax or regulatory reasons, or other legitimate and lawful business purposes.

Where we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise it.

Licenses will terminate automatically on the expiration date if not renewed pursuant to the terms of the License. At this point, Hortium will delete all customer data held within Hortium’s hosted environment within 60 days.

Upon the termination of the Software License Agreement as to any Hortium Program(s), the license and all other rights granted to Licensee as to that Hortium Software Program(s) hereunder shall immediately cease, and Licensee shall immediately: return that Hortium Software Program(s) to Hortium Software including all documentation, manuals and copies in respect of that Hortium Software Program(s); purge all copies of that Hortium Software Program(s) and any portions thereof from all CPUs and storage media and devices on which Licensee has placed or allowed others to place that Hortium Software Program(s); and upon request provide Hortium Software with written certification that Licensee has complied with its obligations.

2. Scope of Maintenance and Support Services
Product Support. During the term of the Agreement, Hortium shall provide to Customer, telephone and/or email support for the Licensed Software. This support shall include labour during the Hours of Service as defined in SLA. Such support shall include product assistance, problem diagnosis, troubleshooting, identification of errors and error resolution. All such errors and applicable response times shall be classified according to the definitions included in Section 3. Hortium shall provide on-site support if and only if all other forms of support cannot fix the error.

Error Resolution. Customer shall notify Hortium in writing of any defect in performance of the Licensed Software in accordance with applicable specifications. Customer’s notification of a defect shall include sufficient detail to enable Hortium to duplicate the error. Hortium agrees to correct defects in material, workmanship or performance reported to Hortium during the term of this Agreement at no charge to the Customer. Hortium’s obligation is voided if the reported defect resulted from misapplication, neglect, improper use, or use or alteration by parties not authorised by Hortium. After resolution of the error, Hortium will send an error resolution to Customer, which will typically consist of updated software programs, applicable data and installation/operating instructions. These updated software programs may include other changes that have been made by Hortium.

Product Maintenance and Releases. Hortium may from time to time, distribute new product releases containing error corrections and enhancements to the version of the Licensed Software licensed by the Customer. Hortium agrees to maintain the Licensed Software by providing the Customer a copy of new releases thereof in the version of the Licensed Software held by the Customer. Maintenance shall not be deemed to include the license of upgrades, new versions, enhanced or additional features for the Licensed Software but does include maintenance of all enhancements and additional features of Licensed Software otherwise licensed by the Customer. Hortium reserves the right to respond only to errors detected by Customer unless otherwise stipulated in the contract. Telephone support will be provided for any software upgrade. Product upgrades may require the Customer to mail a copy of their database and/or provide remote access to the UCA Server for Hortium to provide assistance. Hortium shall (i) provide Customer with notice concerning the content of such releases; (ii) a schedule regarding support of previous releases.

Service Level Agreement
As part of Hortium’s Maintenance and Support agreement our SLA is defined according to the Severity

level of the problem:

Problem Classification

Severity Level 1. An error shall be defined as severity level 1 when it produces an emergency situation in which the Licensed Software is unusable, and there is no workaround available to the Customer. In such event, Hortium will respond within four hours of receipt of the error report and commit a technical resource until an error resolution is implemented, restricted to the support plan purchased and the Hortium software. Excluding third party systems.

Severity level 2. An error shall be defined as severity level 2 when: (I) a significant, but not primary, component of the system is unusable or does not function per applicable specification; or (ii) a severity level 1 problem is not 100% reproducible, but occurs frequently. In such event, Hortium will commit the necessary technical resources to provide an error resolution in most cases within sixty days of the Customer reporting the error. Restricted to the support plan purchased and the Hortium software. Excluding third party systems.

Severity Level 3.  An error shall be defined as severity level 3 when produces an inconvenient situation in which the Licensed software is usable but does not provide a function in the most convenient or expeditious manner. In such event, Hortium will commit the necessary resources to provide an error resolution in a subsequent release of UCA. Restricted to the support plan purchased and the Hortium software. Excluding third party systems.