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Nextiva Privacy Policies can be found below.

Nextiva® Privacy Policy

Effective December 11, 2019

Introduction

This Privacy Policy (the “Policy”) identifies and describes the way Nextiva, Inc. ("Nextiva") uses and protects the information we collect about Customers and Users. All uses of Nextiva's products, services, and platform as well as visits to our websites, are subject to this Privacy Policy. This Policy applies to all Customers and Users. The Customer who holds the account with Nextiva is responsible for making sure all other Users under the same account understand and agree to this Policy. Information that you provide to non-Nextiva companies is not covered by this Policy and Nextiva shall have no responsibility for protecting any such information divulged by Customer/User to a non-Nextiva company.

As used in this Policy, the terms listed below have the following meanings:

Customer- A "Customer" is anyone who purchases Nextiva products or services. When a Customer purchases retail products or services for use by others, those individuals also may be considered Customers for purposes of this Policy.

User- A "User" is anyone who visits our websites.

Personal Information - "Personal Information" is information that directly identifies or reasonably can be used to identify an individual Customer or User. Examples include name, address, telephone number, e-mail address, Social Security number, and financial account number. Personal Information does not include information you request Nextiva to share with third party directories and directory assistance services or information that is readily available to the public through no fault of Nextiva.

Anonymous Information -"Anonymous Information" means information that does not directly identify and cannot reasonably be used to identify an individual Customer or User.

Aggregate Information - "Aggregate Information" means information about groups or categories of Customers or Users, which does not identify and cannot reasonably be used to identify an individual Customer or User. Aggregate Information is a kind of Anonymous Information.

Website- "Website" means any page or location on the Internet, no matter what device (cell phone, lap top, PC, etc.) or protocol (HTTP, WAP, FTP or other) is used to access the page or location. In this Policy, we use the term website or other similar terms such as "Internet site," "site," and "web page."

Contact information

If at any time you have questions about our privacy practices or any or your rights described in this Nextiva Privacy Policy, please reach out to privacy@nextiva.com.

What Personal Data does Nextiva collect?

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data").

Information. We may collect different types of personal and other information based on your use of our products and services and our business relationship with you, including contact information, billing information, equipment, performance, Nextiva's website usage, viewing and other technical information about your use of our network, services, products or websites. Information may be collected when you give it to us with the intent to purchase or interact with us about a product or service we offer or provide; when we collect it automatically when you visit our websites or use our products and services; or when we obtain it from other sources, such as credit agencies. Our goal of collecting your information is to provide you with the best customer experience possible by communicating with you regarding service updates, offers and promotions; delivering advertising that may be of interest to you; addressing network and security issues; or, investigating or taking action regarding illegal activities or violations of our Terms of Service or Acceptable Use Policies.

We collect some information on an anonymous basis and may anonymize the personal information we collect about you into data groups. When we employ non-Nextiva companies to anonymize or aggregate data on our behalf, the requirements of this Policy apply. We may share aggregate or anonymous information in various formats with trusted non-Nextiva entities, with whom we have contracted with to aggregate such data and may work with those entities to do research and provide products and services. When Nextiva jointly provides a service with a non­Nextiva company, your Personal Information may be subject to both this Policy and the privacy policy of the non- Nextiva company. We encourage you to review the privacy policies of any non-Nextiva company with which you do business to determine what information will be collected and how it will be used or disclosed to others.

Customer Proprietary Network Information Customer Proprietary Network Information (CPNI) is information that Nextiva obtains when providing your telecommunications services to you. CPNI includes the types of telecommunications services you purchased, how you use the services, and the billing information related to those services, including items such as the types of telecommunications services that you have purchased and your calling details. Your telephone number, name and address are not considered CPNI.

We use your CPNI to offer you additional services of the type you already purchase from Nextiva. We also may use your CPNI to offer you products and services, packages, discounts and promotions from Nextiva and its affiliates, such as fax service, analytic tools and other unified communication tools, which may be different from the types of services you already purchase. Nextiva has strict policy guidelines to safeguard the privacy of CPNI and protect it from unauthorized access or improper use. Nextiva does not sell, trade, or otherwise share your CPNI with anyone outside of Nextiva or its affiliated companies or with anyone who is not authorized to represent us to offer our services or to perform functions on our behalf, except as the law may require, or you may authorize. In order to opt-out and restrict access to your CPNI for our own marketing purposes, please contact us within 30 days of service commencement by clicking the following link or going to the following website https://go.nextiva.com/emailPreference/e/epc/64132/FBbce1sJk0tCrZYYHAiOhx_UQvbbLW2P_XMjUmBDZe0/697. If you do not notify us within 30 days of this notification that you wish to restrict our use of your CPNI, we will assume that you approve of our use of CPNI for this purpose.

Why does Nextiva collect Personal Data?

Nextiva, Inc. uses the collected data for various purposes:

  • To provide and maintain our Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or inquired about unless you have opted not to receive such information

 

How does Nextiva collect Personal Data?

 

In most cases, Nextiva collects personal data directly from you.  We will ask you for Personal Data when you interact with us, such as contacting us through our websites for sales inquiries, requesting information on our company, signing up to receive a report, newsletter or marketing communications, requesting access to one of our online services applications, or requesting technical support.  For instance:

 

  • Business contact or End-user related information is collected in association with use of our products and services such as your name, company’s name, business telephone number, business email address, and business title.  This Personal Data is not shared with third parties.

 

  • Visitor information is collected through your online interaction with Nextiva through one of two methods:

 

  • You contact us on our websites and you provide your name, company name, email address, and work phone
    • We use cookies to collect information about your use of our websites and applications.  We treat this information as Personal Data when it is associated with your contact information.  For more information about cookies, please see the section Cookies and Analysis below.

 

How does Nextiva use Personal Data?

We strongly believe in both minimizing the Personal Data we collect and limiting its use and purpose to only that: (1) for which we have been given permission by you; (2) as necessary to deliver our products and services you are entitled to; or (3) as we might be required or permitted for legal compliance or other lawful purposes.  Therefore, Nextiva uses Personal Data for the following purposes:

  • Business purposes, including:
    • To initiate, assess, develop, and/or maintain the Website or products and services provided by Nextiva;
    • To send transactional communications (such as requests for information, responses to requests for information, orders, confirmations, and service updates);
    • For account management, accounting, finance, and dispute resolution purposes (such as accounts receivable and accounts payable) and for reporting;
    • To assure quality control and to enforce company standards and policies;
    • For risk management and mitigation, including for audit and insurance functions, and as needed to license and protect intellectual property and other assets;
    • For security management, including monitoring Individuals with access to Nextiva’s websites, applications, systems, or facilities, investigation of threats, and as needed for any Data Security Breach notification; and
    • To investigate and prevent unauthorized access and fraudulent or illegal activities related to the Website or the products and services provided by Nextiva.
  • Nextiva may use Personal Data to develop and improve our products and/or services, and for research, analytics, and business intelligence.
  • Nextiva may use Personal Data for relationship management and marketing. This purpose includes sending marketing and promotional communications to individuals who have not opted out of receiving such messages as may be appropriate given the nature of the relationship, such as product and service marketing, customer communications, customer satisfaction surveys, supplier communications, and Nextiva news.
  • Nextiva may use your Personal Data to communicate with you. We may contact you regarding products or services you have expressed an interest in.  We may also contact you with offers for additional services we think you will find valuable if you give us consent, or where allowed based upon legitimate interests.
  • Nextiva uses Personal Data for secondary purposes such as:
    • Disaster recovery and business continuity, including transferring the information to a storage facility;
    • Internal audits or investigations;
    • Implementation or verification of business controls;
    • Statistical or historical research;
    • Dispute resolution;
    • Compliance with laws and company policies; and
    • Insurance purposes

Why and how does Nextiva disclose Personal Data?

Nextiva does not provide Personal Data to third parties for their own marketing purposes.  We limit the sharing of Personal Data to the following:

  • Compliance with legal, regulatory and law enforcement requests. We cooperate with government and law enforcement officials and private parties that we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (such as subpoena requests), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical.  To the extent we are legally permitted to do so, we will take reasonable steps to notify you in the event that we are required to provide your personal information to third parties as part of a legal process.
  • Sharing with Trusted Third Parties. We share your Personal Information only with non-Nextiva companies that perform services on our behalf, and only as necessary for them to perform those services. We require those non-Nextiva companies to protect any Personal Information they may receive in a manner consistent with this policy, and we do not provide Personal Information to non-Nextiva companies for the marketing of their own products and services without your consent. We may provide Personal Information to non-Nextiva companies or other third parties for purposes such as emergencies, pursuant to court orders, compliance with the law or a lawful government, judicial, administrative, or law enforcement request (i.e. search warrant, subpoena, court order, discovery request), identity verification to prevent fraud and identity theft, enforcing of property rights, or obtaining payment for products and services that appear on your Nextiva billing statements.
  • Selling of Information. We do not sell your Personal Information to anyone for any purpose, and we maintain information about you in our business records while you are a customer, or until it is no longer needed for business, tax, or legal purposes. We have implemented encryption or other appropriate security controls to protect Personal Information when stored or transmitted by Nextiva.
  • Special Cases. It is Nextiva's policy not to use or share Personal Data in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses.  However, the Company may disclose Personal Data, or information regarding your use of our products or services or websites accessible through our products or services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Terms and Conditions or other user policies; to operate our products and services properly; or to protect the company, our customers, and business contacts.
  • Legal Requirements. Nextiva, Inc. may disclose your Personal Data in the good faith belief that such action is necessary to comply with a legal obligation, to protect and defend the rights or property of Nextiva, , to prevent or investigate possible wrongdoing in connection with the Service, to protect the personal safety of users of the Service or the public, and to protect against legal liability.
  • Subject to applicable legal restrictions, such as those that exist for CPNI (as defined above), Nextiva may may share your Personal Information with its subsidiaries and affiliates to make sure your experience is as seamless as possible, and you have the full benefit of what Nextiva, and its subsidiaries have to offer.

Cookies and Analysis

Cookies.   We may use cookies or similar technologies to record or log data. For example, we may use cookies to keep you logged in to the NextOS platform. Some of the cookies we use are associated with your NextOS account (including personal information about you, such as the email address you gave us), and other cookies are not. Nextiva also uses cookies to store information that can be used to serve ads relevant to your interests, and to help our advertisers measure the effectiveness of a particular advertisement. This helps us tailor ads to your interests. These cookies not only help us ensure that you do not repeatedly see the same ads, but (if you opt-out) they can also help us prevent you from seeing targeted ads at all.

You may opt out of Nextiva's use of data for internet-based advertising. Please keep in mind that even after you opt-out, you may still continue to see ads, but they will no longer be tailored to your interests. Opting-out also does not remove Nextiva cookies. They will remain on your computer, but we will not use the data connected to your cookie for our services. Please note that if you delete your cookies, you will need to opt-out again to avoid being served targeted ads in the future. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.

To opt out of the benefits of our targeted ads, click here: Disable Nextiva Cookie (http://www.aboutcookies.org)

 

We have relationships with other third party advertising companies to place advertisements on this website and other websites, and to perform tracking and reporting functions for this website and other websites. These third party advertising companies may place cookies on your computer when you visit our website or other websites so that they can display targeted advertisements to you. These third party advertising companies do not collect Personal Information in this process, and we do not give any Personal Information to them. However, this Privacy Statement does not cover the collection methods or use of the information collected by these entities. For more information about third party advertising, please visit the Network Advertising Initiative (NAI). Opt out of being targeted by many third party advertising companies by visiting NAI's Consumer Opt-Out (http://www.networkadvertising.org) or http://www.aboutads.info/choices.

 

Analysis.   We may use third-party service providers to monitor and analyze the use of our Service. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity. For information on how Google Analytics uses the data it collects, please visit the following site: https://www.google.com/policies/privacy/partners/.

Third-Party Advertising. We have relationships with other third-party advertising companies to place advertisements on this website and other websites, and to perform tracking and reporting functions for this website and other websites. These third-party advertising companies may place cookies on your computer when you visit our website or other websites so that they can display targeted advertisements to you. These third-party advertising companies do not collect Personal Information in this process, and we do not give any Personal Information to them. However, this Privacy Statement does not cover the collection methods or use of the information collected by these entities. For more information about third party advertising, please visit the Network Advertising Initiative (NAI). Opt out of being targeted by many third-party advertising companies by visiting NAl's Consumer Opt-Out or TRUSTe's Opt-Out.

"Do Not Track" Signals

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

International Data Transfers

Nextiva is headquartered in the United States of America. Your information, including Personal Data, may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. Nextiva, Inc. will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

If Nextiva is involved in a merger, acquisition, asset sale, or transition of service to another provider, as well as in the unlikely event of an insolvency, bankruptcy, or receivership, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

How we secure, store and retain your data

We have established electronic and administrative safeguards designed to secure the information we collect, to prevent unauthorized access to or disclosure of that information and to ensure it is used appropriately. Although we strive to keep your Personal Information secure, no security measures are absolute, and we cannot guarantee that your Personal Information will never be disclosed in a manner inconsistent with this Policy (for example, as the result of unauthorized acts by third parties that violate the law or this Policy). We will make reasonable attempts to notify you if we determine that Nextiva has experienced a security breach and there is a reasonably likely risk of identity theft, or where otherwise required by law.

Nextiva will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. Nextiva, Inc. will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

If you have any questions about the security or retention of your Personal Data, you can contact us at privacy@nextiva.com.

Account Set-Up and Calendar Integration

When selecting usernames and passwords for Nextiva accounts, you should choose words or characters that are not obvious. Likewise, you should always keep Personal Information such as account numbers, usernames, passwords or similar information in a secure place and not share the information with others.

Calendar Integration - You can connect the NextOS platform with your calendar to make scheduling easier and more efficient. There are two types of calendars: online and offline. Online calendars like Google calendar are always available via their respective interfaces. With your permission, Nextiva can store certain calendar data temporarily to improve performance (caching), modify Calendar events, upload files on your behalf to the Google Drive, and share Calendar information with other registered users of the NextOS platform. In either case, calendar data on the NextOS can be deleted at any time. Please note also: the process of accessing your Google Calendar is configured through the OAuth to ensure that at no time does Nextiva have access to your Google password.

Applying for a job on our site

If you apply for a job through the Nextiva website, we, or a human resources company assisting us, may ask you to provide self-identifying information (such as gender, marital status, and ethnicity) in conjunction with laws and regulations enforced by local government and regulatory agencies.  Providing self-identifying information is voluntary, but if you do provide us with that information, we may submit it to the local government and regulatory agencies for business-related purposes, including responding to information requests, fulfilling regulatory reporting requirements, and defending against employment related complaints.

Age restrictions

Our Service does not address anyone under the age of 18 (a "Child”). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to the Nextiva Privacy Policy

We reserve the right to update this Privacy Policy as necessary to reflect any changes we make and to satisfy legal requirements. If we make a material change to this Policy, we will post a prominent notice of the change on our websites and provide you with other appropriate notice and choice regarding the use of your information, at least 30 days before the effective date. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Exclusions

Information that you provide to non-Nextiva companies is not covered by this Policy. For example: When you download applications or make an online purchase from a non-Nextiva company while using Nextiva's services, the information collected by the non-Nextiva company is not subject to this Policy. If you use public forums - such as social networking services, Internet bulletin boards, chat rooms, or blogs on Nextiva or non-Nextiva websites - you should be aware that any Personal Information you disclose publicly can be read, collected, or used by others. Once you choose to reveal Personal Information on such a site, the information is publicly available, and Nextiva cannot prevent distribution and use of that information by other parties.

Nextiva may enter into written product or service agreements with business customers that contain specific provisions related to the confidentiality, security or other handling of information. When provisions of a written product or service agreement differ from or conflict with the provisions of this Policy, the terms of the written agreement will apply. In all other instances, the terms of this Policy apply.

Important Information for Nevada Residents

Residents of the State of Nevada may opt out of the sale of their Personal Information.  Nextiva does not, however, sell Personal Information of any person, including those under the age of 16. 

How to Contact Us

If you have any questions, concerns, or complaints regarding this Privacy Policy, you may contact us at privacy@nextiva.com.  As an alternative, you may contact us by mail at the following address:

Nextiva

8800 E. Chaparral Road, Suite 300

Scottsdale, AZ 85250

privacy@nextiva.com

We will respond to all requests, inquiries or concerns within 30 days.

Nextiva® CCPA Privacy Notice

Last Updated: December 11, 2019

This Privacy Notice supplements the information contained in the Nextiva® Privacy Policy, available at https://www.nextiva.com/privacy-policy.html and applies solely to visitors, users and others who reside in the State of California (“consumers”, “you” or “your”). Nextiva, Inc. (“we”, “us” or “our”) adopts this notice in compliance with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms contained herein shall have the same meaning as set forth in the CCPA.

  1. PERSONAL INFORMATION WE COLLECT

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information” or “PI”). Specifically, we have collected the following categories of Personal Information from consumers within the last twelve (12) months:

CATEGORIES OF PERSONAL INFORMATION

EXAMPLES

CATEGORIES OF SOURCES OF PERSONAL INFORMATION

BUSINESS AND COMMERCIAL PURPOSES FOR COLLECTION

CATEGORIES OF THIRD-PARTIES WITH WHOM PERSONAL INFORMATION IS SHARED

A. Identifiers

Real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.

• You

• Ad Networks

• Consumer Data Resellers

• Sales and Marketing Partners

• Social Media

• Recruiting Services

• Nextiva

• Providing Services

• Account Management

• Auditing

• Security Management

• Human Resources Management

• Commercial Transactions

• Sales and Marketing

• Recruiters

• Financial Services

• Human Resources

• Service Providers

• Other Third Parties

B. Personal Information Described in Cal. Civ. Code §1798.80(e)

Name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

• You

• Ad Networks

• Consumer Data Resellers

• Sales and Marketing Partners

• Social Media

• Recruiting Services

• Nextiva

• Providing Services

• Account Management

• Auditing

• Security Management

• Human Resources Management

• Commercial Transactions

• Sales and Marketing

• Recruiters

• Financial Services

• Human Resources

• Service Providers

• Other Third Parties

C. Characteristics of Protected Classifications Under California or Federal Law

Race, color, ancestry, citizenship, national origin, religion, age (40 years or older), sex, gender, gender identity and expression, pregnancy or childbirth (and related medical conditions), physical or mental disability, medical condition, sexual orientation, veteran or military status, and genetic information.

• You

• Recruiting Services

• Auditing

• Human Resources Management

• Human Resources

• Other Third Parties

D. Commercial Information

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

• You

• Ad Networks

• Consumer Data Resellers

• Sales and Marketing Partners

• Nextiva

• Providing Services

• Account Management

• Auditing

• Commercial Transactions

• Sales and Marketing

• Service Providers

• Other Third Parties

E. Biometric Information

An individual’s physiological, biological or behavioral characteristics, including, but not limited to, fingerprint, faceprint, handprint, palmprint, vein patterns, voice recordings, and iris or retina scans.

• You

• Nextiva

• Security Management

Nextiva Does Not Share This Category of Personal Information

F. Internet or Other Electronic Network Activity Information

Browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.

• Ad Networks

• Nextiva

• Providing Services

• Account Management

• Auditing

• Security Management

• Commercial Transactions

• Sales and Marketing

• Human Resources

• Service Providers

• Other Third Parties

G. Geolocation Data

Location based on IP address, telephone number, address, GPS, or other location technology.

• You

• Sales and Marketing Partners

• Providing Services

• Account Management

• Auditing

• Security Management

• Commercial Transactions

• Sales and Marketing

• Human Resources

• Service Providers

• Other Third Parties

H. Sensory Data

Audio, electronic, visual, thermal, olfactory, or similar information.

• You

• Social Media

• Recruiting Services

• Nextiva

• Providing Services

• Account Management

• Auditing

• Security Management

• Human Resources Management

• Commercial Transactions

• Sales and Marketing

• Service Providers

• Other Third Parties

I. Employment

Professional or employment-related information.

• You

• Consumer Data Resellers

• Sales and Marketing Partners

• Social Media

• Recruiting Services

• Nextiva

• Providing Services

• Account Management

• Auditing

• Security Management

• Human Resources Management

• Commercial Transactions

• Sales and Marketing

• Recruiters

• Financial Services

• Human Resources

• Service Providers

• Other Third Parties

J. Educational Information

Education records that contain information directly related to a student and which are maintained by an educational agency or institution or by a party acting on behalf of an educational agency or institution.

• You

• Nextiva

• Human Resources Management

• Human Resources

K. Inferences

Inferences drawn from other Personal Information to create a profile reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

• Ad Networks

• Consumer Data Resellers

• Sales and Marketing Partners

• Social Media

• Recruiting Services

• Nextiva

• Providing Services

• Account Management

• Auditing

• Security Management

• Human Resources Management

• Commercial Transactions

• Sales and Marketing

• Human Resources

• Service Providers

Personal Information does not include publicly available information, consumer information that is de-identified or aggregated, and information that is excluded from CCPA’s scope, such as protected health information covered by the Health Insurance Portability Act of 1996 (HIPAA) and personal information covered by certain sector-specific privacy laws including the Fair Credit Reporting Act and the Gramm-Leach-Bliley Act. We will not collect additional categories of Personal Information without providing you with notice.

  1. SOURCES OF PERSONAL INFORMATION

We obtain the categories of Personal Information listed, as detailed in Section I of this Notice, from the following categories of sources:

  • From you and/or your agents. Nextiva collects Personal Information directly from you through all forms of direct communication, including, but not limited to, email, fax, telephone, text, chat, surveys and questionnaires, webforms, and first party tracking technologies on our website.
  • Ad networks. Nextiva collects Personal Information about consumers that visit Nextiva’s Web site through third party cookies and other tracking technologies, from online advertising and other media advertising.
  • Consumer data resellers. Nextiva collects Personal Information about consumers from data resellers and lead generation services.
  • Sales and marketing partners. Nextiva collects Personal Information about consumers through Nextiva’s channel partners, agents, affiliates, and other sales and marketing partners and service providers, including through trade shows, customer engagement, communication service providers and tools, and by other methods.
  • Social media. Nextiva collects Personal Information about consumers through social media and business intelligence services.
  • Recruiting services. Nextiva collects Personal Information about job candidates through employment Web sites, recruiters, personality assessment services, and background check services.
  • Nextiva. Nextiva maintains records of its commercial or employment relationship with you, including products offered for sale or purchase, patterns of usage of our services, and customer support cases.
  1. USE OF PERSONAL INFORMATION

Nextiva’s use of Personal Information is limited to that which is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or processed or for other operational purposes that is compatible with the context in which the Personal Information was collected. Nextiva uses Personal Information, as detailed in Section I of this Notice, for the following Business Purposes and Commercial Purposes.

  • Providing Services.
    • To initiate, assess, develop, deliver, and/or maintain quality and features of the Website, products and services provided by Nextiva;
    • To improve, develop and enhance our products and services and for statistical and historical research, analytics and business intelligence;
    • To test and evaluate new products and conduct research for technological development and demonstration;
    • To send transactional communications (such as requests for information, responses to requests for information, orders, confirmations, and service updates);
    • Disaster recovery and business continuity, including transferring the information to a storage facility; and,
    • Debugging to identify and repair errors that impair existing intended functionality.
  • Account Management.
    • Performing customer support;
    • Maintaining and servicing accounts;
    • Fulfilling orders and transactions, verifying customer information, and processing payments;
    • Performing accounting, finance, and dispute resolution purposes (such as accounts receivable and accounts payable) and for reporting;
  • Auditing.
    • Internal audits and investigations and external audits;
    • To ensure quality control and to enforce company standards and policies;
    • Implementation and verification of business controls;
    • Verifying compliance with legal, regulatory, and contractual requirements;
    • Management and audit of Nextiva’s service providers, partners, suppliers, and vendors;
    • For risk management and mitigation, including for audit and insurance functions, and as needed to license and protect intellectual property and other assets; and,
    • Assessment of advertising, referrals, and sales and marketing programs.
  • Security Management.
    • Monitoring individuals with access to Nextiva’s websites, applications, systems, or facilities, investigation of threats, and as needed for any Data Security Breach notification; and,
    • To investigate and prevent unauthorized access, protecting against malicious, deceptive, fraudulent or illegal activities related to the Website or the products and services provided by Nextiva, and prosecuting those responsible for that activity.
  • Human Resources Management.
    • Nextiva collects Personal Information from employees, contractors, and applicants for legal and regulatory compliance and reporting;
    • Provide compensation and benefits, including insurance and statutory benefits;
    • Assess characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes;
    • Provide and assess training.
    • Verification of employment, including for housing approvals, reference checks, loan approvals, and unemployment insurance;
    • Emergency contact information;
    • Engagement surveys; and,
    • H1B and other visa processes.
  • Commercial Transactions.
    • Nextiva may use Personal Information for relationship management and marketing. This purpose includes sending marketing and promotional communications to individuals who have not opted out of receiving such messages as may be appropriate given the nature of the relationship, such as product and service marketing, customer communications, customer satisfaction surveys, supplier communications, and Nextiva news. Nextiva may use pictures, recordings, and likenesses of employees, contractors, customers, and partners, with consent, for promotional and training purposes;
    • Nextiva may use your Personal Information to communicate with you. We may contact you regarding products or services you have expressed an interest in. We may also contact you with offers for additional services we think you will find valuable if you give us consent, or where allowed based upon legitimate interests; and,
    • Nextiva may use your Personal Information to develop inferences about products and services that may interest you, your experiences with the Website and Nextiva’s products and services, or Nextiva’s departments and organization, and to customize advertising and your experience using the Website and Nextiva services.
  • Other Uses.
    • Nextiva may use your Personal Information to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
    • As otherwise described to you when collecting your personal information or as otherwise set forth in the CCPA, the Nextiva® Privacy Policy, and/or the NextOS Privacy Policy.

We will not use the Personal Information we collect for materially different, unrelated, or incompatible purposes without providing you with notice.

  1. SHARING OF PERSONAL INFORMATION

Nextiva shares Personal Information, as detailed in Section I of this Notice, with the following categories of third parties for business and commercial purposes:

  • Sales and Marketing. Sales channel partners, ad networks, commission management service providers, customer engagement services, and other related service providers.
  • Recruiters. Job Posting Websites, Personality and Psychological Assessment Services, Recruiters and Background Check Services
  • Financial Services. Payroll Service Providers, Travel Management Service Providers and Commission Management Service Providers, Accounting Services, Financial Institutions, Clearing Houses, Compliance Services and Auditors, Card Payment Processors and Enterprise Resource Planning (ERP) Services, Collection Agencies
  • Human Resources. Employee Insurance and Benefit Service Providers and Partners
  • Service Providers. Subcontractors, service installation partners, service providers and partners providing components of Nextiva’s commercial service offerings, including message transcription, voice recognition, email gateways, analytics and inference generation, telecom services, SMS messaging services, data center and cloud storage and hosting service providers, multimedia services, video conferencing services, e911 services, hardware sales, rental, fulfillment and shipping services, and other products and services that Nextiva may offer through partners currently or in the future.
  • Other Third Parties. Third parties that may receive Personal Information from Nextiva under special circumstances or for legal or compliance reasons.

When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business or commercial purpose:

Category A: Identifiers

Category B: Personal Information Described in Cal. Civ. Code §1798.80(e)

Category C: Characteristics of Protected Classifications under California or Federal Law

Category D: Commercial Information

Category F: Internet of Other Electronic Network Activity Information

Category G: Geolocation Data

Category H: Sensory Data

Category I: Employment

Category K: Inferences

In the preceding twelve (12) months, we have not sold any Personal Information.

  1. YOUR RIGHTS AND CHOICES
  1. Right to Know About Personal Information Collected.

Up to twice in a twelve-month period, you may request that we disclose information about our collection and use of your Personal Information. This right excludes contractors, employees and job applicants of Nextiva, and any person acting on behalf of a business providing a product or service to, or evaluating or receiving a service from Nextiva. Upon our receipt and confirmation of a verified consumer request, we will disclose the following:

  1. The categories and specific pieces of Personal Information we collected about you;
  2. The categories of sources for the Personal Information we collected about you;
  3. Our business and commercial purpose for collecting or selling your Personal Information;
  4. The categories of third parties with whom we shared Personal Information about you;
  5. If we sold your Personal Information, a list identifying the Personal Information categories that each category of recipient purchased; and,
  6. If we disclosed your Personal Information for a business purpose, a list identifying the Personal Information categories that each category of recipient obtained.
  1. Right to Request Deletion of Personal Information.

You have the right to request that we delete the Personal Information we have collected about you. This right excludes contractors, employees and job applicants of Nextiva, and any person acting on behalf of a business providing a product or service to, or evaluating or receiving a service from Nextiva. Upon our receipt and confirmation of a verified consumer request, subject to the following exclusions, we will delete your Personal Information from our records by:

  1. Permanently and completely erasing the personal information on its existing systems with the exception of archived or back-up systems;
  2. De-identifying the personal information; or
  3. Aggregating the personal information.

Nextiva will also direct our service providers to delete your Personal Information. Deleting data from backup systems may be delayed.

We may deny your request if retaining your Personal Information is necessary for us or our service providers to:

  1. Complete the transaction for which the Personal Information was collected, provide a good or service that you requested, take reasonably anticipated actions within the context of our ongoing business relationship with you; perform any contract between Nextiva and you;
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and/or prosecute those responsible for that activity;
  3. Debug to identity and repair errors that impair existing intended functionality;
  4. Exercise free speech, ensure the right of another consumer to exercise his or her free speech rights, or exercise another right provided for by law;
  5. Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code;
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the deletion of your Personal Information may likely render impossible or seriously impair the research’s achievement, provided that you previously provided informed consent;
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
  8. Comply with a legal or regulatory obligation; and,
  9. Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the Personal Information.

If we are unable to honor your request to delete Personal Information, Nextiva will not use your Personal Information for any other purpose than the reason(s) that the Personal Information was not deleted.

  1. Right to Opt-Out of the Sale of Personal Information.

Nextiva does not sell Personal Information of any consumer, including those under the age of 16. Nextiva also does not provide Personal Information to third-parties for their own marketing purposes. If Nextiva does engage in the sale of your Personal Information in the future, it will provide you with notice by updating these policies and you may opt out of the sale of your Personal Information.

  1. Authorized Agent.

You have the right to authorize an agent to make Right to Know requests on your behalf. You must provide the agent with a power of attorney or written permission to act on your behalf. You must still verify your identity directly with Nextiva. You may also make a verifiable consumer request on behalf of your minor child.

  1. How to Make a Request.

In order to make a request, you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may submit a verifiable consumer request by either:

  1. Using the form found here: https://www.nextiva.com/x/ccpa-form/
  2. Calling Nextiva at: (855) 313-8177

You will be required to provide information to allow Nextiva to verify your identity and validate your request. You will be required to provide at least two (2) pieces of personal information maintained by Nextiva. Authorized users on established accounts will be required to provide their account PIN. Non-account holders will be required to provide a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. In order to validate your request, Nextiva will attempt to confirm you are the owner of the identifiers provided.

Nextiva endeavors to respond to a verifiable consumer request within forty-five (45) days of its receipt of the request. If we require more time (up to ninety (90) days, we will inform you of the reason and extension period in writing. We will deliver our written response to you by mail or electronically, at your option. Any disclosures that we provide will only cover the twelve (12) month period immediately preceding our receipt of your verifiable consumer request. The response will explain the reasons that we cannot comply with your request, if applicable. Where you request the specific pieces of Personal Information that we have collected about you (a data portability request), we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another without hindrance.

Nextiva may not fulfill your request if we cannot verify your identity with a reasonably high degree of certainty. Personal Information collected as part of the request process will be used for the purpose of validating and fulfilling the request and will be retained by Nextiva for at least two (2) years. Making a verifiable consumer request does not require you to create an account with us.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

  1. Right To Non-Discrimination for the Exercise of a Consumer’s Privacy Rights.

Nextiva does not discriminate against consumers for exercising any of their CCPA rights. Unless permitted by the CCPA, we will not:

  1. Deny you goods or services;
  2. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
  3. Provide you a different level of quality of goods or services; or,
  4. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
  1. CHANGES TO THIS CCPA PRIVACY POLICY

We reserve the right to amend this Notice, as well as the Nextiva® Privacy Policy and the NextOS Privacy Policy that this Notice supplements. When we make changes to this Notice, we will notify you by email or though a notice on our Web site.

  1. OTHER IMPORTANT INFORMATION FOR CALIFORNIA RESIDENTS
  1. California’s “Shine the Light” Law.

California Civil Code Section 1798.83 permits users of Nextiva’s Website who are California Residents to request and obtain from us a list of what personal information (if any) we shared with third parties or corporate affiliates for those entities' direct marketing purposes in the preceding calendar year, and the names and addresses of those third parties.

If you are a California resident and would like a copy of this notice, please submit a written request to the following address: 8800 E. Chaparral Road, Suite 300, Scottsdale, AZ 85250. For all requests, you must put the statement "California Privacy Rights Notice" in the body of your request, as well as your name, street address, city, state, and zip code. You also need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

  1. California Do Not Track Disclosures.

California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how a website operator responds to "Do Not Track" (DNT) browser settings. DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked, such as by third party ad networks, social networks, and analytic companies. We do not currently take actions to respond to DNT signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a DNT standard once one is created. For information about DNT, please visit: https://allaboutdnt.com.

  1. CONTACT INFORMATION

If you have questions about this Notice, the Nextiva® Privacy Policy, the NextOS Privacy Policy, the ways we collect and use your Personal Information, your choices and rights regarding your Personal Information and our use of that information, or if you wish to exercise your rights under California law, you may email us at privacy@nextiva.com or write to us at 8800 E. Chaparral Road, Suite 300, Scottsdale, Arizona 85250.

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